Local governments currently have certain devolved powers in respect of waste management which are contained in Part 2A
of the Waste Reduction and Recycling Regulation 2011
) and Chapter 5A
of the Environmental Protection Regulation 2008
The provisions contained in Part 2A of the WRRR and Chapter 5A of the EPR cover various aspects of waste management. For example, these provisions provide local governments with the ability to designate areas for waste collection and the ability to impose requirements for the supply, use and storage of waste containers on serviced premises. These provisions also include offence provisions which are currently devolved to local governments for enforcement, for example enabling local governments to pursue the unlawful disposal of waste at a waste facility.
Both Part 2A of the WRRR and Chapter 5A of the EPR will expire on 1 July 2018, with this date having been extended on two previous occasions by legislative amendment.
Local governments should act now to ensure that appropriate local laws are in place to cover the matters currently provided for under the WRRR and EPR.
Local laws must comply with the requirements in the Local Government Act 2009
and City of Brisbane Act 2010
. These Acts relevantly include requirements in respect of any anti-competitive provisions.
Consequentially local governments may need to consider whether any changes to current methods of waste management will be necessary once the scope of local laws replacing the provisions in the WRRR and EPR have been determined.
This is commentary published by Colin Biggers & Paisley for general information purposes only. This should not be relied on as specific advice. You should seek your own legal and other advice for any question, or for any specific situation or proposal, before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories. © Colin Biggers & Paisley, Australia 2020.