Western Australia: Waste Avoidance and Resource Recovery Act 2007 (WA)

Western Australia Waste Avoidance and Resource Recovery Act 2007 Western Australia Waste Avoidance and Resource Recovery Act 2007 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. State bound 1 5. Objects of this Act 1 6. Effect on other laws 1 7. Chief Health Officer to be consulted on public health issues 1 Part 2 — Waste Authority 8. Waste Authority established 1 9. Status 1 10. Authority may use other names 1 11. Membership 1 12. Chairman and deputy chairman 1 13. CEO may attend meeting 1 14. Constitution and proceedings 1 15. Remuneration and conditions of members 1 16. Provision of services and facilities 1 17. Use of staff and facilities of other departments, agencies and instrumentalities 1 18. Committees 1 Part 3 — Functions of Waste Authority Division 1 — General 19. Functions of Waste Authority 1 20. Powers generally 1 Division 2 — Accountability 21. Minister may give directions 1 22. Minister to have access to information 1 23. Annual report of the Waste Authority 1 Part 4 — Management documents Division 1 — Waste strategy 24. Purpose of waste strategy 1 25. Waste Authority to prepare draft waste strategy 1 26. Consultation 1 27. Public notification of draft waste strategy 1 28. Public submissions 1 29. Modified draft to be referred to entities who made submissions 1 30. Consideration by Minister 1 31. Approval of Minister 1 32. Minor amendments to waste strategy 1 33. Review and revision of waste strategy 1 34. Power to request report on waste strategy compliance 1 Division 2 — Business plans 35. Draft business plan to be submitted to Minister 1 36. Contents of business plan 1 37. Minister's powers in relation to draft business plan 1 38. Business plan pending approval 1 39. Approval and implementation of business plan 1 Division 3 — Waste plans 40. Waste plans 1 41. CEO's powers in relation to waste plan 1 42. CEO may prepare or modify waste plan 1 43. Effect of waste plan 1 44. Report on waste plan 1 Part 5 — Product stewardship 45. Product stewardship plans 1 46. Extended producer responsibility schemes 1 47. Statements with regard to extended producer responsibility schemes 1 Part 5A — Container deposit scheme Division 1 — Preliminary 47A. Objects of Part 1 47B. Overview of container deposit scheme 1 47C. Terms used 1 47D. First responsible supplier 1 Division 2 — Supply of beverage products 47E. Requirement for supply agreement, container approval, refund mark and barcode 1 47F. Container approval 1 47G. Regulations relating to container approvals 1 47H. Review by State Administrative Tribunal 1 Division 3 — Return of containers 47I. Requirements for refund point operators 1 47J. Refund amount 1 47K. Regulations relating to refund points and refund amounts 1 47L. Coordinator as refund point operator 1 47M. Collected or returned containers must not be disposed of in a prohibited manner 1 47N. Extraordinary circumstances exemption 1 Division 4 — Scheme agreements and scheme participants 47O. Supply agreement 1 47P. Export rebate agreement 1 47Q. Refund point agreement 1 47R. Material recovery agreement 1 47S. Regulations relating to scheme agreements and scheme participants 1 47T. Content of scheme agreements not limited 1 Division 5 — Coordinator of the scheme Subdivision 1 — Preliminary 47U. Terms used 1 47V. Eligible company 1 Subdivision 2 — Appointment of Coordinator of the scheme 47W. Office of Coordinator of the scheme 1 47X. Appointment of Coordinator 1 47Y. Conditions of appointment 1 47Z. Functions of Coordinator 1 47ZA. Powers of Coordinator 1 47ZB. Delegation by Coordinator 1 Subdivision 3 — Operations of Coordinator 47ZC. Coordinator must not act unfairly 1 47ZD. Coordinator performance targets 1 47ZE. Business plan of Coordinator 1 47ZF. Approval of business plan 1 47ZG. Amendment to business plan 1 47ZH. Compliance with business plan 1 47ZI. Reporting by Coordinator 1 47ZJ. Notification of events 1 47ZK. CEO to have access to information, agreements and databases 1 Subdivision 4 — Scheme Account 47ZL. Terms used 1 47ZM. Governance plan for Scheme Account 1 47ZN. Scheme Account 1 47ZO. Regulations relating to Scheme Account and governance plans 1 Subdivision 5 — Appointment of administrator or Interim Coordinator and other Ministerial powers 47ZP. Ministerial directions 1 47ZQ. Amendment, administration and revocation 1 47ZR. Appointment of administrator 1 47ZS. Only the administrator can deal with the Coordinator's property 1 47ZT. Interim Coordinator 1 47ZU. Remuneration and costs 1 47ZV. Providing assistance 1 47ZW. Review by State Administrative Tribunal 1 Subdivision 6 — Transitional arrangements 47ZX. Transitional arrangements between Coordinators 1 Division 6 — Miscellaneous 47ZY. Penalties for Coordinator, Interim Coordinator and directors of Coordinator 1 47ZZ. Civil penalty provisions 1 47ZZA. Inconsistent provision has no effect 1 47ZZB. Beverages consumed on interstate or international journeys 1 47ZZC. Power to require information or material 1 47ZZD. Disclosure of information 1 47ZZE. Performance audit 1 47ZZF. False or misleading information 1 47ZZG. Authorisations for competition legislation 1 47ZZH. Corporations Act displacement 1 47ZZI. Powers in relation to transitional matters 1 47ZZJ. Imposition of tax 1 Part 6 — Waste services Division 1 — Services provided by local governments 48. References to provision of waste service 1 49. Specified public authority may exercise functions of local government 1 50. Provision of waste services 1 51. Costs of providing combined waste service 1 52. Codes of practice 1 53. CEO may monitor and evaluate waste services 1 54. Expenses of evaluation 1 55. Disposal of waste by local government 1 Division 2 — Waste collection permits 56. Waste collection permit 1 57. Consistency with modern practice 1 58. CEO to consult on issue, renewal or amendment of permit 1 59. Term and renewal of waste collection permit 1 60. Disposal of waste by holder of permit 1 Division 3 — Local laws and local government rates, fees and charges 61. Local laws in respect of waste management 1 62. Model local laws 1 63. Governor may amend or repeal local laws 1 64. Subject matter of local laws 1 65. Enforcement of local laws 1 66. Local government may impose waste collection rate 1 67. Local government may impose receptacle charge 1 68. Fees and charges fixed by local government 1 Division 4 — Offences 69. Waste collection not to be carried out by unauthorised persons 1 70. Obstruction or hindrance 1 71. Services to be provided in accordance with waste plan or permit 1 Division 5 — General 72. Accumulation of waste — prevention notice 1 Part 7 — Collection and application of levy Division 1 — Collection of levy imposed under Waste Avoidance and Resource Recovery Levy Act 2007 73. Payment of levy 1 74. Financial assurance 1 75. Payment by instalments 1 76. Penalty for non‑payment 1 77. Recovery of levy 1 78. Evading levy 1 Division 2 — Waste Avoidance and Resource Recovery Account 79. Waste Avoidance and Resource Recovery Account 1 80. Application of moneys in WARR Account 1 81. Application of Financial Management Act 2006 and Auditor General Act 2006 1 Part 8 — Enforcement Division 1 — Investigation and obtaining information 82. Power to require information or material 1 83. Inspectors 1 84. Authorised persons and analysts 1 85. Audit may be directed by CEO 1 Division 2 — General 86. Who can institute proceedings for offences 1 87. Time for bringing prosecutions 1 88. Daily penalties 1 89. Attempt, incitement or accessory after the fact 1 90. Additional powers available to the court 1 Part 9 — General provisions 91. Confidentiality 1 92. Delegation 1 93. Other provisions of EP Act apply 1 94. Protection from liability for wrongdoing 1 95. Laying documents before Parliament 1 96. Regulations 1 97. Regulations to operate as local laws 1 98. Regulations, local laws and waste strategy may adopt codes or legislation and other references 1 99. Review of Act 1 100. Consequential amendments 1 101. Transitional and savings provisions 1 102. Waste Avoidance and Resource Recovery Levy Regulations 2008 and amendments validated 1 Schedule 1 — Constitution and proceedings of the Waste Authority Division 1 — General provisions 1. Meaning of terms used in this Schedule 1 2. Term of office 1 3. Resignation, removal 1 4. Leave of absence 1 5. Chairman unable to act 1 6. Acting members 1 7. Saving 1 Division 2 — Proceedings of Waste Authority 8. Meetings 1 9. Voting 1 10. Minutes 1 11. Resolution without meeting 1 12. Holding meetings remotely 1 13. Waste Authority to determine own procedures 1 Division 3 — Disclosure of interests etc. 14. Disclosure of interests 1 15. Voting by interested members 1 16. Clause 15 may be declared inapplicable 1 17. Quorum where clause 15 applies 1 18. Minister may declare clauses 15 and 17 inapplicable 1 Schedule 2 — Functions of the Waste Authority Schedule 3 — Matters in respect of which regulations may be made Division 1 — General Division 2 — Waste collection and facilities Division 3 — Product stewardship Schedule 4 — Amendments and repeals 2. Environmental Protection Act 1986 amended 1 Schedule 5 — Savings and transitional provisions 1. Term used: commencement day 1 2. Application of the Interpretation Act 1984 1 3. Local laws under Health Act 1911 continued 1 4. Fees and charges fixed under Health Act 1911 continued 1 5. Regulations 1 6. Waste Management and Recycling Fund 1 7. Waste Management (WA): devolution of assets and liabilities 1 8. Transitional regulations 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Waste Avoidance and Resource Recovery Act 2007 An Act to — * provide for waste avoidance and resource recovery; and * establish the Waste Authority; and * establish a container deposit scheme; and * provide for waste services by local governments; and * provide for levies on waste; and * repeal the Environmental Protection (Landfill) Levy Act 1998; and * provide for related and consequential matters. [Long title amended: No. 5 of 2019 s. 4.] Part 1 — Preliminary 1. Short title This is the Waste Avoidance and Resource Recovery Act 2007. 2. Commencement This Act comes into operation as follows: (a) sections 1 and 2 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions. 3. Terms used (1) In this Act unless the contrary intention appears — approved product stewardship plan means a product stewardship plan registered under section 45(3); business plan means a business plan approved under section 39; CEO means chief executive officer of the department of the Public Service principally assisting in the administration of this Act; Chief Health Officer has the meaning given in the Public Health Act 2016 section 4(1); district means an area that has been declared to be a district under the Local Government Act 1995, and any place outside the boundaries of the district which is under the control of the local government for the district; entity means any person or body, including a public authority; EP Act means the Environmental Protection Act 1986; EP authorisation means a licence, permit or approval granted under the EP Act; extended producer responsibility scheme means a scheme for giving effect to a policy in which the producer's responsibility for a product (including physical or financial responsibility) is extended to the post‑consumer stage of the product's life‑cycle; inspector means an inspector appointed under the EP Act section 88 for the purposes of this Act and includes the CEO; levy means a levy imposed under the Waste Avoidance and Resource Recovery Levy Act 2007; local government includes a regional local government established for the purpose of providing waste services; local government waste means — (a) waste from residential sources; and (b) any other waste of a kind prescribed by the regulations for the purposes of this paragraph, but does not include sewage or waste of a kind prescribed by the regulations as excluded for the purposes of this definition; member means a member of the Waste Authority appointed under section 11(1); producer of a product includes a manufacturer, importer, supplier or distributor, of the product in this State or an entity having a proprietary interest in the name under which the product is manufactured, imported, supplied or distributed in this State; product stewardship plan means a plan in which the producers of a product — (a) share responsibility with governments and consumers for the environmental impact of the product throughout its use, including end of use management; and (b) seek to reduce the adverse environmental impact of the product; public authority means — (a) an agency or organisation as those terms are defined in the Public Sector Management Act 1994; or (b) a body, corporate or unincorporate, that is established or continued for a public purpose by the State, regardless of the way it is established; or (c) a local government; WARR Account means the Waste Avoidance and Resource Recovery Account established by section 79; waste includes matter — (a) whether liquid, solid, gaseous or radioactive and whether useful or useless, which is discharged into the environment; or (b) prescribed by the regulations to be waste; Waste Authority means the Waste Authority established by section 8; waste collection permit has the meaning given by section 56(1); waste facility means premises used for the storage, treatment, processing, sorting, recycling or disposal of waste; waste service means — (a) the collection, transport, storage, treatment, processing, sorting, recycling or disposal of waste; or (b) the provision of receptacles for the temporary deposit of waste; or (c) the provision and management of waste facilities, machinery for the disposal of waste and processes for dealing with waste; waste strategy means the waste strategy approved and in force under Part 4 Division 1. (2) If a term has a meaning in the EP Act, it has the same meaning in this Act unless the contrary intention appears in this Act. [Section 3 amended: No. 19 of 2016 s. 200.] 4. State bound This Act binds the State and, so far as the legislative power of Parliament permits, the Crown in all its other capacities. 5. Objects of this Act (1) The primary objects of this Act are to contribute to sustainability, and the protection of human health and the environment, in Western Australia and the move towards a waste‑free society by — (a) promoting the most efficient use of resources, including resource recovery and waste avoidance; and (b) reducing environmental harm, including pollution through waste; and (c) the consideration of resource management options against the following hierarchy — (i) avoidance of unnecessary resource consumption; (ii) resource recovery (including reuse, reprocessing, recycling and energy recovery); (iii) disposal. (2) The principles set out in the EP Act section 4A apply in relation to the objects of this Act. 6. Effect on other laws (1) Except as specifically provided by this Act, the provisions of this Act are complementary to and not in derogation of the provisions of any other law of the State. (2) Without limiting the generality of subsection (1), this Act is not to be construed so as to prevent a person from being prosecuted under any other enactment for an offence punishable by this Act, or from being liable under any other law of the State to any other or higher penalty or punishment than is provided for the offence by this Act. (3) Nothing in this section affects the operation of the Sentencing Act 1995 section 11. (4) Nothing in this Act in any way affects any right any entity has at law to prevent, control or abate pollution or environmental harm or obtain damages. 7. Chief Health Officer to be consulted on public health issues (1) Nothing in this Act limits the functions of the Chief Health Officer under the Health (Miscellaneous Provisions) Act 1911 or the Public Health Act 2016. (2) The regulations may set out circumstances in which the CEO or the Waste Authority must consult the Chief Health Officer with respect to a decision that the CEO or Waste Authority proposes to make under this Act. [Section 7 amended: No. 19 of 2016 s. 201 and 337.] Part 2 — Waste Authority 8. Waste Authority established A body called the Waste Authority is established. 9. Status The Waste Authority is an agent of the State and has the status, immunities and privileges of the State. 10. Authority may use other names (1) In addition to its statutory name, the Waste Authority may use and operate under any other name approved by the Minister. (2) Notice of an approval under subsection (1) must be published in the Gazette. 11. Membership (1) The Waste Authority must comprise 5 members appointed by the Governor on the recommendation of the Minister. (2) The members are to be persons who, in the opinion of the Minister — (a) have skill, experience and knowledge in matters relating to sustainability, waste services, or waste avoidance and resource recovery; or (b) have a particular function or vocational interest relevant to the functions of the Waste Authority, and who, in the opinion of the Minister, are able to make a contribution to the functions of the Waste Authority. (3) Before making a recommendation under subsection (1) the Minister must publish in a daily newspaper circulating throughout the State a notice calling for expressions of interest in appointment to the office of member. (4) The Minister must consider expressions of interest lodged in accordance with the notice but may make a recommendation under subsection (1) whether or not the person recommended has lodged an expression of interest. (5) A member must not be a person who is employed in the Public Service under the Public Sector Management Act 1994 Part 3. 12. Chairman and deputy chairman One of the members is to be appointed by the Governor on the recommendation of the Minister to be the chairman of the Waste Authority and another to be the deputy chairman of the Waste Authority. 13. CEO may attend meeting The CEO, or a delegate of the CEO, is entitled to attend any meeting of the Waste Authority and to take part in the consideration and discussion of any matter before a meeting, but cannot vote on any matter. 14. Constitution and proceedings Schedule 1 sets out provisions as to the constitution and proceedings of the Waste Authority. 15. Remuneration and conditions of members The remuneration and allowances and other conditions of office of a member are to be determined by the Governor on the recommendation of the Public Sector Commissioner. [Section 15 amended: No. 39 of 2010 s. 89.] 16. Provision of services and facilities (1) The Minister must ensure that the Waste Authority is provided with such services and facilities as are reasonably necessary to enable it to perform its functions. (2) Without limiting subsection (1), the Minister may, by arrangement with the Department, and on such terms and conditions as may be mutually arranged with the Waste Authority, allow the Waste Authority to make use, either full‑time or part‑time, of — (a) the services of any officer or employee employed in the Department; and (b) any services or facilities of the Department. (3) This section does not limit section 17. 17. Use of staff and facilities of other departments, agencies and instrumentalities (1) Without limiting section 16, the Minister may, by arrangement with the relevant employing authority, allow the Waste Authority to make use, either full‑time or part‑time, of the services of any officer or employee — (a) in the Public Service; or (b) in a State agency or instrumentality; or (c) otherwise in the service of the Crown in right of the State. (2) Without limiting section 16, the Minister may, by arrangement with — (a) a department of the Public Service; or (b) a State agency or instrumentality, make use of any facilities of the department, agency or instrumentality. (3) An arrangement under subsection (1) or (2) must be made on terms agreed to by the parties. 18. Committees (1) The Waste Authority, with the approval of the Minister, may — (a) establish committees to assist the Waste Authority in the performance of its functions; and (b) determine the constitution of any committee; and (c) appoint — (i) members of the Waste Authority; or (ii) members of the Waste Authority and other persons, to be members or deputy members of a committee established under paragraph (a); and (d) discharge, alter, or reconstitute any such committee. (2) At least one member of each committee established under subsection (1) must be a member of the Waste Authority. (3) A committee established under subsection (1) must comply with any direction of the Waste Authority. (4) Subject to any direction of the Waste Authority, a committee established under subsection (1) may determine its own procedure. Part 3 — Functions of Waste Authority Division 1 — General 19. Functions of Waste Authority (1) Subject to this Act, the functions of the Waste Authority are those set out in Schedule 2. (1A) A reference to "this Act" in Schedule 2 does not include a reference to Part 5A. (2) It is also a function of the Waste Authority to do things that it determines to be conducive or incidental to the performance of a function referred to in subsection (1). [Section 19 amended: No. 5 of 2019 s. 5.] 20. Powers generally (1) The Waste Authority has all the powers it needs to perform its functions. (2) Without limiting subsection (1) the Waste Authority may for the purpose of performing a function — (a) request the Minister to seek information on matters related to this Act from any other Minister and, on receipt of that information, to give it to the Waste Authority; and (b) obtain the advice of persons having special knowledge, experience or responsibility in regard to any matter related to this Act; and (c) consult and collaborate with appropriate entities, whether or not in the State; and (d) conduct, commission, promote and support research into resource efficiency, waste avoidance and resource recovery and any other matter related to this Act; and (e) publish reports relating to any matter arising under this Act, including reports on the Waste Authority's findings, advice, considerations and recommendations; and (f) provide information to the public on any matter related to this Act. Division 2 — Accountability 21. Minister may give directions (1) The Minister may give written directions to the Waste Authority with respect to the exercise or performance of its functions, either generally or in relation to a particular matter, and the Waste Authority must give effect to any such direction. (2) The text of a direction under subsection (1) must be included in the annual report submitted under section 23. 22. Minister to have access to information (1) In this section — document includes any tape, disk or other device or medium on which information is recorded or stored; information means information specified, or of a description specified, by the Minister that relates to the functions of the Waste Authority; officer of the Waste Authority means a person whose services are provided under section 16(1) or used under section 17(1). (2) The Minister is entitled to have information in the possession of the Waste Authority and, if the information is in or on a document, to have, and make and retain copies of, that document. (3) For the purposes of subsection (2) the Minister may — (a) request the Waste Authority to provide information to the Minister; and (b) request the Waste Authority to give the Minister access to information; and (c) for the purposes of paragraph (b) make use of officers of the Waste Authority to obtain the information and provide it to the Minister. (4) The Waste Authority must comply with a request under subsection (3) and make its officers and facilities available to the Minister for the purposes of paragraph (c) of that subsection. 23. Annual report of the Waste Authority (1) The Waste Authority must, as soon as practicable after 1 July, and in any event on or before 31 October, in each year, prepare and give to the Minister a report on the operations and proceedings of the Waste Authority for the previous financial year. (2) The Minister must cause the Waste Authority's report to be laid before each House of Parliament within 7 sitting days of the House after the Minister has received it. Part 4 — Management documents Division 1 — Waste strategy 24. Purpose of waste strategy The purpose of the waste strategy is to set out, for the whole of the State — (a) a long term strategy for continuous improvement of waste services, waste avoidance and resource recovery, benchmarked against best practice; and (b) targets for waste reduction, resource recovery and the diversion of waste from landfill disposal. 25. Waste Authority to prepare draft waste strategy As soon as practicable after the commencement of this section the Waste Authority must prepare, or cause to be prepared, a draft waste strategy. 26. Consultation In the preparation of the draft waste strategy the Waste Authority must consult such entities involved in waste services or waste avoidance and resource recovery in the State as the Waste Authority thinks appropriate. 27. Public notification of draft waste strategy (1) The draft waste strategy must be submitted, together with such reports and other material as the Waste Authority considers relevant, to the Minister for the Minister's consent to public submissions being sought. (2) If the Minister does not consent to public submissions being sought in respect of the draft waste strategy the Minister must return the draft waste strategy to the Waste Authority and request it to — (a) consider or further consider any matter and deal with the matter in the draft waste strategy; and (b) revise the draft waste strategy in the light of its consideration or further consideration; and (c) again submit the draft waste strategy to the Minister under this section. (3) If the Minister consents to public submissions being sought in respect of the draft waste strategy the Waste Authority must publish — (a) in the Gazette; and (b) in 2 issues of a daily newspaper circulating throughout the State, a notice — (c) specifying the places at which copies of the draft waste strategy may be inspected and obtained; and (d) stating the effect of section 28 and specifying the period referred to in that section. (4) The Waste Authority may fix and charge a fee for supplying a copy of the draft waste strategy. 28. Public submissions Submissions in respect of the draft waste strategy may be made, in the form, if any, approved by the Waste Authority, by any entity — (a) within a period determined by the Waste Authority that is not less than 12 weeks after the day on which the notice is published in the Gazette under section 27(3)(a); and (b) by — (i) delivering or posting them so that they are received within that period at the offices of the Waste Authority; or (ii) sending them by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) in the manner provided for in the regulations so that they are received by the Waste Authority within that period. [Section 28 amended: No. 34 of 2020 s. 74.] 29. Modified draft to be referred to entities who made submissions (1) The draft waste strategy, modified if the Waste Authority thinks fit after considering submissions under section 28, must be referred by the Waste Authority to each entity which made a submission under that section together with a summary of the submissions, and may be referred by it to any other entity. (2) If an entity to whom the draft waste strategy is referred under subsection (1) considers that the Waste Authority should vary the draft, the entity may within 28 days after receipt of the draft, in writing, request the Waste Authority to make the variation. 30. Consideration by Minister (1) After considering all requests that have been duly lodged under section 29, the Waste Authority must submit to the Minister — (a) the draft waste strategy, with the modifications, if any, it thinks fit to make; and (b) a copy of each of the submissions and requests; and (c) a report by the Waste Authority on the submissions and requests. (2) The Minister may direct that the draft waste strategy is to be modified as directed by the Minister. (3) The Waste Authority must amend the draft waste strategy as directed by the Minister and again submit the draft waste strategy to the Minister on or before the date directed by the Minister. 31. Approval of Minister (1) The Minister may approve, or refuse to approve, the draft waste strategy. (2) Notice that the waste strategy has been approved by the Minister must be published by the Minister in the Gazette. (3) The waste strategy comes into operation on the day of publication in the Gazette of a notice under subsection (1) or on a later day that is specified in the document. (4) The Waste Authority must ensure that a copy of the waste strategy is — (a) available for inspection by members of the public at its principal place of business whenever that place is open to the public; and (b) published on the internet. (5) The Waste Authority may fix and charge a fee for supplying a copy of the waste strategy. 32. Minor amendments to waste strategy (1) The Waste Authority may, with the approval of the Minister, make minor amendments to the waste strategy without complying with section 33. (2) The Waste Authority must include a report on minor amendments made under this section in its annual report under section 23. 33. Review and revision of waste strategy (1) The Waste Authority must review the waste strategy — (a) whenever directed to do so by the Minister; and (b) in any event, not later than 5 years after the Minister has under section 31 last approved the waste strategy or amendments to it or its continuation in force without amendment. (2) If, on a review under this section, the Waste Authority considers that the circumstances so require, the Waste Authority must prepare amendments to the waste strategy or a revised waste strategy. (3) If, on a review under this section, the Waste Authority considers that the waste strategy does not require amendment or revision the Waste Authority may determine that it is to continue in force without amendment. (4) The following provisions, as to consultation about, and approval of, the waste strategy, apply for the purposes of this section, with all necessary changes — (a) section 26, as if the reference in that section to the preparation of the draft waste strategy were a reference to the review of the waste strategy; (b) sections 27, 28, 29, 30 and 31(1), as if the references in those provisions to the draft waste strategy were references to the proposed amendments to the waste strategy, the proposed revised waste strategy or a proposal that the existing waste strategy be continued in force without amendment; (c) section 31(2) and (3) as if references in those provisions to a waste strategy were references to the amendment of the waste strategy, the proposed revised waste strategy or the continuation of the waste strategy. 34. Power to request report on waste strategy compliance (1) The CEO may request any entity to provide a report on — (a) its compliance with the waste strategy; or (b) the reasons for any specified non‑compliance by that entity with the waste strategy. (2) Such a request must be in writing and must specify the date by which the entity is requested to provide the report to the CEO. (3) The CEO may forward the report to the Waste Authority. (4) If an entity does not — (a) comply with the waste strategy; or (b) comply with a request under this section, the CEO may include, after consultation with the entity, a summary of the entity's failure in the Department's next annual report prepared for the purposes of the Financial Management Act 2006 Part 5. Division 2 — Business plans 35. Draft business plan to be submitted to Minister (1) Each year the Waste Authority must prepare a draft business plan. (2) The Minister may from time to time, by written notice to the Waste Authority — (a) fix a day in each year by which a draft business plan is to be submitted under subsection (1); or (b) cancel a notice given under paragraph (a). (3) Each draft business plan must be submitted to the Minister for approval not later than — (a) the day fixed under subsection (2); or (b) if there is for the time being no day so fixed — 3 months before the start of the next financial year. (4) The first draft business plan for the Waste Authority is to be in respect of the next full financial year after the commencement of this section. 36. Contents of business plan (1) A business plan is to set out — (a) the Waste Authority's objectives and priorities for the next 5 financial years; and (b) financial projections for that period; and (c) the Waste Authority's budget for the next financial year; and (da) the services and facilities that are reasonably necessary to be provided or used under section 16 for the next financial year in order to enable the Waste Authority to perform its functions; and (d) what the Waste Authority intends to do over the next financial year; and (e) the Waste Authority's policy for the application of moneys from the WARR Account for the next financial year; and (f) a priority statement with respect to extended producer responsibility schemes in accordance with section 47; and (g) any other matters that the Minister requires in writing. (2) A business plan must be consistent with the waste strategy. (3) The Waste Authority may seek the advice of such entities as the Waste Authority thinks fit as to the development of policy for the application of money from the WARR Account. [Section 36 amended: No. 48 of 2009 s. 4.] 37. Minister's powers in relation to draft business plan (1) If the Minister has not approved a draft business plan by one month before the start of the next financial year, the Minister may, by written notice, direct the Waste Authority — (a) to take specified steps in relation to the draft plan; or (b) to make specified modifications to the draft plan. (2) The Waste Authority must comply with the direction as soon as is practicable. 38. Business plan pending approval (1) In subsection (2) — latest draft plan means the draft business plan submitted, or last submitted, by the Waste Authority to the Minister before the start of the financial year with any modifications made by the Waste Authority, whether before or after that time, at the direction of the Minister. (2) If the Minister has not approved a draft business plan before the start of a financial year, the latest draft plan is to be the business plan for the Waste Authority until a draft business plan is approved under section 39. 39. Approval and implementation of business plan (1) After amending its draft business plan in any way directed by the Minister, the Waste Authority must submit, on or before the date required by the Minister, a revised draft business plan to the Minister and the Minister may approve the plan. (2) When the Minister approves a draft business plan, it becomes the business plan for the relevant financial year or remainder of the year, as the case may be. (3) The Waste Authority must have regard to the business plan in carrying out its functions. (4) The Waste Authority must not depart significantly from its business plan without first obtaining the approval of the Minister. (5) The Waste Authority must ensure that a copy of its current business plan is — (a) available for inspection by members of the public at its principal place of business whenever that place is open to the public; and (b) published on the internet. (6) The Waste Authority may fix and charge a fee for supplying a copy of a business plan. Division 3 — Waste plans 40. Waste plans (1) In this section — plan for the future means a plan made under the Local Government Act 1995 section 5.56. (2) A local government may include within its plan for the future a waste plan outlining how, in order to protect human health and the environment, waste services provided by the local government in the relevant district will be managed to achieve consistency with the waste strategy. (3) The waste plan may include — (a) population and development profiles for the district; (b) an assessment of significant sources and generators of waste received by the local government; (c) an assessment of the quantities and classes of waste received by the local government; (d) an assessment of the services, markets and facilities for waste received by the local government; (e) an assessment of the options for reduction, management and disposal of waste received by the local government; (f) proposed strategies and targets for managing and reducing waste received by the local government; (g) proposed strategies and targets for the efficient disposal of waste received by the local government that cannot be recovered, reused or recycled; (h) an implementation programme that identifies the required action, timeframes, resources and responsibilities for achieving these strategies and targets; (i) such other matters as may be prescribed by the regulations. (4) The CEO may by written notice require a local government to include within its plan for the future a waste plan outlining how, in order to protect human health and the environment, waste services provided by the local government will be managed to achieve consistency with the waste strategy. (5) The notice may specify a reasonable period within which the waste plan must be included in the plan for the future. (6) The CEO may, on the request of a local government and at the expense of that local government, prepare a draft waste plan for that local government. 41. CEO's powers in relation to waste plan (1) If the CEO is of the opinion that a waste plan should, but does not, include a matter referred to in section 40(3), the CEO may, by written notice, require the local government to modify the waste plan to include that matter. (2) Before giving a notice to a local government under subsection (1) the CEO — (a) must consult with the local government and have regard to its views; and (b) if the local government so requests, must consult with the Waste Authority and have regard to its views. (3) A local government must comply with the notice as soon as is practicable. (4) If the local government does not comply with the notice issued under section 40(4) or under subsection (1), the CEO may serve notice in writing on the local government — (a) specifying the relevant notice and the manner in which the local government has failed to comply with it; and (b) advising the local government that the CEO intends to deal with the matter under section 42. (5) A local government aggrieved by a notice given to the local government under subsection (4) may apply to the State Administrative Tribunal for a review of the notice. 42. CEO may prepare or modify waste plan (1) When a notice has been served on a local government under section 41(4), the CEO may, after consulting and having regard to the views of the Waste Authority and the local government, take all such steps and prepare all such documents as are necessary to ensure compliance with the notice referred to in section 40(4) or 41(1), as the case requires, as if the CEO were the local government. (2) A waste plan, or modification of a waste plan, for a local government prepared under this section has effect as if it were part of a plan for the future made by the local government. (3) All costs, charges and expenses incurred by the CEO in the exercise of any powers conferred by subsection (1) may be recovered from the local government as a debt due to the Crown or may be deducted from any moneys payable by the Crown to the local government. (4) A local government aggrieved by a waste plan, or modification of a waste plan, prepared under this section may apply to the State Administrative Tribunal for a review of the plan or modification. 43. Effect of waste plan (1) The CEO must have regard to the waste plan of a local government when exercising a function under this Act or any other Act that affects the operation of the waste plan. (2) A local government must perform its functions in respect of waste management in accordance with its waste plan as existing from time to time. 44. Report on waste plan (1) The CEO may require a local government to submit a report to the CEO on the implementation of its waste plan. (2) The CEO may require the local government to include in the report information about any or all of the following matters — (a) the quantities of waste of each of the classes identified in the waste plan — (i) collected or otherwise received by the local government and its contractors; or (ii) reused or recycled by the local government or transferred to other parties for reuse or recycling; or (iii) held in stockpiles; or (iv) disposed of to landfill; (b) the number of premises serviced; (c) changes made during the reporting period to the nature of the waste services provided; (d) complaints lodged with the local government under section 71 and actions taken by the local government in response; (e) any other matters specified in the waste plan; (f) such other matters as the local government considers appropriate. (3) A local government aggrieved by a requirement under this section may apply to the State Administrative Tribunal for a review of the requirement. Part 5 — Product stewardship 45. Product stewardship plans (1) A producer or group of producers may submit a product stewardship plan to the CEO. (2) A product stewardship plan must specify — (a) the products dealt with under the plan; and (b) targets and timeframes for avoidance, reduction, reuse or recycling of waste; and (c) the information that will be collected, assessed and audited to ascertain whether the targets and timeframes specified in the plan have been met; and (d) how the information will be made public; and (e) any other matter the producer or group of producers considers relevant. (3) If the CEO is satisfied that the product stewardship plan deals with the matters specified in subsection (2) in an appropriate way, the CEO must register the plan. 46. Extended producer responsibility schemes (1) Before regulations are made for the purpose of implementing and operating an extended producer responsibility scheme, the Minister must have regard to — (a) the nature of the product proposed to be dealt with under the proposed scheme; and (b) whether there is an effective approved product stewardship plan in place, or a similar national plan, that is able to achieve the desired outcomes and is being actively implemented, monitored and reported on; and (c) whether there is an Australian national scheme which adequately deals with the product proposed to be dealt with under the proposed scheme. (2) Where a regulation made in respect of a matter referred to in Schedule 3 Division 3 specifically provides that this subsection applies in respect of a provision of the regulation, a person who commits an offence under the provision is liable to a fine of $50 000 and a daily penalty of $5 000. 47. Statements with regard to extended producer responsibility schemes (1) The Waste Authority must — (a) include in its business plan each year a priority statement with respect to any extended producer responsibility schemes the Waste Authority proposes to recommend for implementation and operation under the regulations; and (b) advertise the priority statement; and (c) in the advertisement, invite submissions on any relevant matter relating to the priority statement. (2) Subsection (1) does not apply in respect of the first year after the commencement of this section. (3) The advertisement must be published — (a) in the Gazette; and (b) twice in a newspaper circulating throughout the State; and (c) otherwise as the Waste Authority considers appropriate. (4) Submissions may be made, in the form, if any, approved by the Waste Authority, by any entity — (a) within a period determined by the Waste Authority that is not less than 28 days after the day on which the notice is published under subsection (3)(a); and (b) by — (i) delivering or posting them so that they are received within that period at the offices of the Waste Authority; or (ii) sending them by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)) in the manner provided for in the regulations so that they are received by the Waste Authority within that period. (5) The Waste Authority must have regard to the submissions when deciding whether or not to proceed with recommending the implementation and operation under the regulations of an extended producer responsibility scheme. [Section 47 amended: No. 34 of 2020 s. 75.] Part 5A — Container deposit scheme [Heading inserted: No. 5 of 2019 s. 6.] Division 1 — Preliminary [Heading inserted: No. 5 of 2019 s. 6.] 47A. Objects of Part The main objects of this Part are to — (a) increase the recovery and recycling of empty beverage containers; and (b) reduce the number of empty beverage containers that are disposed of as litter or to landfill; and (c) ensure that first responsible suppliers of beverage products take product stewardship responsibility in relation to their beverage products; and (d) provide opportunities for social enterprise, and benefits for community organisations, through participation in the container deposit scheme; and (e) create opportunities for employment; and (f) complement existing collection and recycling activities for recyclable waste. [Section 47A inserted: No. 5 of 2019 s. 6.] 47B. Overview of container deposit scheme This Part establishes a container deposit scheme that includes the following general features — (a) a company will be appointed to the office of Coordinator of the scheme with responsibility for administering the scheme; (b) if a beverage is to be supplied in a container, various conditions must be met, including a supply agreement being in force that requires a contribution to the costs of the scheme (including the costs of refund amounts paid under the scheme); (c) a refund amount will be paid to a person who returns an empty container to a refund point; (d) containers that have been returned to a refund point must not be disposed of in a prohibited manner. [Section 47B inserted: No. 5 of 2019 s. 6.] 47C. Terms used (1) In this Part — appointed day, for a section, has the meaning given in subsection (2); beverage means — (a) a substance that is a liquid at room temperature and intended for human consumption by drinking; or (b) a thing or class of things prescribed by the regulations to be a beverage, but does not include a thing or class of things prescribed by the regulations not to be a beverage; beverage product means a product that consists of a particular beverage packaged in a container of a particular type; civil penalty has the meaning given in section 47ZZ(1); company means a company registered under the Corporations Act; container means — (a) a vessel that is made to be — (i) filled with a beverage; and (ii) sealed for storage, transport and handling before being supplied for the use or consumption of the beverage; or (b) a thing or class of things prescribed by the regulations to be a container, but does not include a thing or class of things prescribed by the regulations not to be a container; container approval has the meaning given in section 47F(1); Coordinator means the company for the time being occupying the office of Coordinator of the scheme under section 47X; Corporations Act means the Corporations Act 2001 (Commonwealth); corresponding law means a law of the Commonwealth or another State or a Territory that is prescribed by the regulations to be a law corresponding to this Act; disposal premises means premises — (a) which are used for the purpose of receiving waste; and (b) in respect of which the occupier is required to hold a licence under the Environmental Protection Act 1986, whether or not the licence is in force; eligible company has the meaning given in section 47V(1); eligible individual means an individual who — (a) is not an insolvent under administration within the meaning of the Corporations Act section 9; and (b) is not disqualified from managing corporations, under the Corporations Act Part 2D.6; and (c) has not been convicted of — (i) an offence against this Act, the Environmental Protection Act 1986 or a corresponding law; or (ii) an indictable offence, or an offence that, if committed in Western Australia, would be an indictable offence, against another written law or another law of the Commonwealth or another State or a Territory; exporter means a person who, within the meaning given in section 47P(2), exports a beverage product; export rebate agreement has the meaning given in section 47P(3); first responsible supplier has the meaning given in section 47D; Interim Coordinator has the meaning given in section 47ZT(1); material recovery agreement has the meaning given in section 47R(2); material recovery facility means — (a) a facility or other place at which recyclable waste is sorted and prepared for recycling, whether or not the waste is also recycled at the facility or place; or (b) a facility or other place or class of facilities or places prescribed by the regulations to be a material recovery facility, but does not include a facility or other place or class of facilities or places prescribed by the regulations not to be a material recovery facility; MRF operator means the operator of a material recovery facility; prohibited manner, in relation to the disposal of a container, means disposing of the container — (a) at disposal premises; or (b) by burial; or (c) in contravention of the Environmental Protection Act 1986 Part V Division 1; or (d) in any other manner prescribed by the regulations to be a prohibited manner, but does not include any manner of disposing of the container that is prescribed by the regulations not to be a prohibited manner; refund amount means the amount prescribed for the purposes of section 47J; refund mark means marking or labelling on a container that shows the refund amount and complies with the requirements prescribed by the regulations; refund point means — (a) a facility or other place for the return of empty containers in exchange for the payment of refund amounts; or (b) a facility or other place or class of facilities or places prescribed by the regulations to be a refund point, but does not include a facility or other place or class of facilities or places prescribed by the regulations not to be a refund point; refund point agreement has the meaning given in section 47Q(1); refund point operator means — (a) the operator of a refund point; or (b) a person or class of persons prescribed by the regulations to be a refund point operator, but does not include a person or class of persons prescribed by the regulations not to be a refund point operator; scheme means the container deposit scheme established by this Part; Scheme Account has the meaning given in section 47ZN(1); scheme agreement means each of the following — (a) an export rebate agreement; (b) a material recovery agreement; (c) a refund point agreement; (d) a supply agreement; supply means — (a) to supply, by way of sale or otherwise, in the course of carrying on a business; or (b) to supply free of charge for a commercial or promotional purpose, but does not include a transaction or class of transactions prescribed by the regulations not to be a supply; supply agreement has the meaning given in section 47O(1); supply amounts has the meaning given in section 47O(1); type, in relation to a container, is the combination of — (a) the volume of a beverage the container is made to hold; and (b) the material the container is made of. (2) A reference in a section in this Part to the appointed day for the section is a reference to the day fixed by the Minister by order published in the Gazette to be the appointed day for the purposes of that section. (3) Subject to subsection (4), for the purposes of this Part, a supply of a beverage product is in the State if — (a) the beverage product is received in the State (whether or not the supplier is located in the State); or (b) under the regulations, it is taken to be in the State. (4) A supply of a beverage product is not in the State if, under the regulations, it is taken not to be in the State. (5) In sections 47ZE, 47ZF, 47ZM, 47ZN(1) and (2) and 47ZP a reference to a Coordinator includes a company that has been notified of its appointment to the office of Coordinator of the scheme under section 47X but has not yet commenced occupying the office. [Section 47C inserted: No. 5 of 2019 s. 6.] 47D. First responsible supplier (1) Subject to subsection (2), the first responsible supplier of a beverage product is — (a) the person who first supplies the beverage product in the State; or (b) the person who, under the regulations, is taken to be the first responsible supplier of the beverage product. (2) A person is not the first responsible supplier of a beverage product if, under the regulations, the person is taken not to be the first responsible supplier of the beverage product. (3) Unless the regulations provide otherwise, if a person (the transporter) only transports a beverage product between the supplier of the beverage product and the recipient of the beverage product, each of the following is not a supply of the beverage product — (a) the transfer of the beverage product from the supplier to the transporter; (b) the transfer of the beverage product from the transporter to the recipient. (4) Unless the regulations provide otherwise, if a person (the contract bottler) is engaged under a contract to make a beverage product or fill containers with a beverage for another person (the contract counterparty), in circumstances where the beverage product is manufactured solely for the contract counterparty, the transfer of the beverage product from the contract bottler to the contract counterparty following completion of the manufacturing process is not a supply. (5) For the purposes of subsections (1)(b) and (2), the regulations may provide for circumstances in which a person, or a person who belongs to a prescribed class or who meets prescribed criteria — (a) is taken to be the first responsible supplier of a beverage product or class of beverage products; or (b) is taken not to be the first responsible supplier of a beverage product or class of beverage products. (6) Without limiting subsection (5), the circumstances referred to in that subsection may include circumstances where a person has entered into an agreement with another person as to who is to be the first responsible supplier of a beverage product. [Section 47D inserted: No. 5 of 2019 s. 6.] Division 2 — Supply of beverage products [Heading inserted: No. 5 of 2019 s. 6.] 47E. Requirement for supply agreement, container approval, refund mark and barcode (1) Subsection (2) applies on and after the appointed day 3 for this section. (2) A person who is the first responsible supplier of a beverage product commits an offence when the beverage product is first supplied in the State unless, at that time — (a) a supply agreement is in force between the person and the Coordinator in relation to the beverage product; and (b) a container approval that applies to the beverage product is in force (whether or not it is held by the person); and (c) the container used for the beverage product bears a refund mark and a barcode that complies with the requirements prescribed by the regulations. Penalty for this subsection: a fine of $75 000. (3) If a person charged with an offence against subsection (2) supplied the beverage product in the State, the person is taken, in any proceedings for the offence, to be the first responsible supplier of the beverage product unless the contrary is shown. (4) Regulations may deal with any matter in relation to the supply of beverage products or a person who supplies beverage products. [Section 47E inserted: No. 5 of 2019 s. 6.] 47F. Container approval (1) On and after the appointed day 2 for this section, a person may apply to the CEO for an approval (a container approval) that applies to a beverage product or class of beverage products. (2) The CEO may, subject to the regulations, grant or refuse to grant the container approval. (3) A container approval is subject to — (a) any conditions prescribed by the regulations; and (b) any further conditions the CEO — (i) considers necessary or desirable to impose; and (ii) specifies in the approval. (4) The first responsible supplier of a beverage product must not contravene a condition of a container approval that applies to the beverage product. Penalty for this subsection: a fine of $10 000. [Section 47F inserted: No. 5 of 2019 s. 6.] 47G. Regulations relating to container approvals Regulations may deal with any matter in relation to container approvals or applications for container approvals, and may (without limitation) — (a) deal with, or with any matter in relation to, any of the following — (i) the manner and form in which an application for a container approval is to be made and the process for applying; (ii) the information that must accompany an application for a container approval or otherwise be provided to the CEO; (iii) the payment of fees in relation to container approvals or applications for container approvals; (iv) the matters to be considered in deciding whether to grant a container approval and the criteria that must be met before a container approval is granted; (v) the grounds on which a container approval may be refused or taken to be refused; (vi) the way in which the grant of, or refusal to grant, a container approval is to be communicated; (vii) the conditions to be imposed on a container approval, including the term of a container approval; (viii) the amendment of a container approval by the CEO (including the amendment or revocation of conditions on the approval or the imposition of new conditions); (ix) the transfer of a container approval by the holder; (x) the suspension or cancellation of a container approval by the CEO; (xi) the maintenance by the Coordinator of a public database of container approvals, including the information to be included, the information required to be provided to the Coordinator, the payment of fees or charges and the requirements the database must comply with; and (b) require the verification of information or documents by statutory declaration; and (c) prescribe offences in relation to the supply by a person or class of persons of beverage products that do not have a container approval; and (d) provide for any of the following — (i) circumstances in which an approval (however described) under a corresponding law is taken to be a container approval; (ii) circumstances in which a container approval is taken to be held, including where an approval (however described) is held under a corresponding law, or where a person has complied with prescribed requirements of a corresponding law; (iii) the conditions that apply to a container approval referred to in subparagraphs (i) and (ii). [Section 47G inserted: No. 5 of 2019 s. 6.] 47H. Review by State Administrative Tribunal A person who is, or intends to be, the first responsible supplier of a beverage product may apply to the State Administrative Tribunal for a review of — (a) a decision of the CEO to refuse to grant a container approval that applies to the beverage product; or (b) a decision of the CEO to refuse to transfer a container approval that applies to the beverage product to or from the person (but only if, in the case of a transfer of a container approval to the person, the current holder of the container approval has consented to the application for review); or (c) a decision of the CEO to amend, suspend or cancel a container approval that applies to the beverage product. [Section 47H inserted: No. 5 of 2019 s. 6.] Division 3 — Return of containers [Heading inserted: No. 5 of 2019 s. 6.] 47I. Requirements for refund point operators (1) A person (other than the Coordinator) must not act as a refund point operator in respect of a refund point unless a refund point agreement is in force between the person and the Coordinator in respect of the refund point. Penalty for this subsection: a fine of $75 000. (2) Regulations may prescribe eligibility criteria that must be met before a person may act as a refund point operator. [Section 47I inserted: No. 5 of 2019 s. 6.] 47J. Refund amount Regulations may prescribe an amount as the refund amount for the purposes of this Part. [Section 47J inserted: No. 5 of 2019 s. 6.] 47K. Regulations relating to refund points and refund amounts Regulations may deal with any matter in relation to refund points, refund amounts or the acceptance of empty containers at refund points, and may (without limitation) — (a) prescribe the circumstances in which a refund point operator — (i) is or is not required to accept delivery of an empty container presented by a person to a refund point; and (ii) is or is not required to pay to the person the refund amount; and (b) deal with, or with any matter in relation to, the manner in which refund amounts are to be paid; and (c) prescribe any conditions that must be met before a person may receive a refund amount (including any information that a person must give); and (d) prohibit a person or class of persons from claiming, or attempting to claim, payment of a refund amount — (i) to which they are not entitled under this Act; or (ii) in prescribed circumstances; and (e) require information or documents given by a person to be verified by statutory declaration. [Section 47K inserted: No. 5 of 2019 s. 6.] 47L. Coordinator as refund point operator (1) The Coordinator must not act as a refund point operator unless directed to do so by the Minister. (2) The Minister may direct the Coordinator to act as a refund point operator in respect of a refund point — (a) if — (i) persons in part of the community do not have reasonable access to a refund point; and (ii) the Coordinator has not identified another person with whom to enter into a refund point agreement to operate the refund point; or (b) if the achievement of the objects of this Part may be materially adversely affected without the provision of the refund point. [Section 47L inserted: No. 5 of 2019 s. 6.] 47M. Collected or returned containers must not be disposed of in a prohibited manner (1) In this section, an empty container is a collected container if — (a) a container approval is in force that applies to the beverage product for which the container was used; and (b) the container has been collected or received by an MRF operator (other than where the container was returned to a refund point). (2) In this section, an empty container is a returned container if — (a) a container approval is in force that applies to the beverage product for which the container was used; and (b) the container has been returned to a refund point. (3) On and after the appointed day 3 for this section, the Coordinator must not dispose of, or allow the disposal of, a collected container or a returned container in a prohibited manner. Penalty for this subsection: a fine of $250 000. (4) On and after the appointed day 3 for this section, an MRF operator must not dispose of, or allow the disposal of, a collected container or a returned container in a prohibited manner. Penalty for this subsection: a fine of $50 000. (5) On and after the appointed day 3 for this section, a person (other than the Coordinator or an MRF operator) must not dispose of, or allow the disposal of, a container in a prohibited manner if — (a) the container is a collected container or a returned container; and (b) the person knows, or ought reasonably to know, that the container is a collected container or a returned container. Penalty for this subsection: a fine of $50 000. (6) If an exemption has been granted in respect of a container under section 47N, subsections (3), (4) and (5) do not apply to the container. (7) For the purposes of subsections (3), (4) and (5), a person has allowed the disposal of a container in a prohibited manner if — (a) the person arranged for the container to be disposed of; and (b) when the person made the arrangement, or at any later time prior to the disposal, the person knew, or ought reasonably t