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Waste Minimisation Act 2008

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The powers and duties delegated are those of the Council as a “territorial authority”, “person” or an “operator of a disposal facility” as specified.
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  • Section

    s28

    Summary of Function or Power

    Duty (as operator of a disposal facility) to pay the levy on waste disposed of as prescribed, unless waived. 

    Delegated Officer

    Contracts Manager
    ITS & Delivery Asset Lead
    Transportation Operations Lead
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  • Section

    s32

    Summary of Function or Power

    Powers and duties (as territorial authority) in relation to spending levy money. 

    Delegated Officer

    Sustainability Officer
    Manager Delivery Sustainability & Infrastructure
    Resource Recovery and Sustainability Lead
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  • Section

    s42

    Summary of Function or Power

    Duty (as territorial authority) to promote effective and efficient waste management and minimisation within its district. 

    Delegated Officer

    Sustainability Officer
    Manager Delivery Sustainability & Infrastructure
    Resource Recovery and Sustainability Lead
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  • Section

    s46

    Summary of Function or Power

    Powers (as territorial authority) re cost recovery and charging of alternative fees for a service/facility, providing a service/facility free of charge provided in accordance with its waste management and minimisation plan. 

    Delegated Officer

    Contracts Manager
    Sustainability Officer
    Resource Recovery and Sustainability Lead
    Manager Delivery Sustainability & Infrastructure
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  • Section

    s47

    Summary of Function or Power

    Power (as territorial authority) if so authorised by its waste management and minimisation plan, to make grants/advances of money as it sees fit for waste management/minimisation. 

    Delegated Officer

    Contracts Manager
    Manager Delivery Sustainability & Infrastructure
    Sustainability Officer
    Resource Recovery and Sustainability Lead
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  • Section

    s51

    Summary of Function or Power

    Duty (as territorial authority) to carry out a waste assessment in the manner specified and to consult as provided. 

    Delegated Officer

    Contracts Manager
    Sustainability Officer
    Resource Recovery and Sustainability Lead
    Manager Delivery Sustainability & Infrastructure
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  • Section

    s52

    Summary of Function or Power

    Power (as territorial authority) to undertake, or contract for, any waste minimisation service, facility or activity in its own district or otherwise; duty to exercise power in accordance with its waste management minimisation plan.

    Restriction: This delegation is restricted to the maximum limit of the delegate's Financial Authority.

    

    Delegated Officer

    Contracts Manager
    Manager Delivery Sustainability & Infrastructure
    Resource Recovery and Sustainability Lead
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  • Section

    s53

    Summary of Function or Power

    Power (as territorial authority) to sell any marketable product resulting from any activity or service specified; and duty to use proceeds for the purpose specified. 

    Delegated Officer

    Contracts Manager
    Manager Delivery Sustainability & Infrastructure
    Resource Recovery and Sustainability Lead
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  • Section

    s54

    Summary of Function or Power

    Duty (as territorial authority) to collect waste promptly, efficiently and regularly. 

    Delegated Officer

    Contracts Manager
    Manager Delivery Sustainability & Infrastructure
    Resource Recovery and Sustainability Lead
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  • Section

    s55

    Summary of Function or Power

    Duty (as territorial authority) to comply/ direct contractor to comply with the notice of Health Protection Officer. 

    Delegated Officer

    Contracts Manager
    Manager Delivery Sustainability & Infrastructure
    Resource Recovery and Sustainability Lead
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  • Section

    s60

    Summary of Function or Power

    Duty (as territorial authority) to comply with the LGA 02 when exercising powers and performing duties re waste management and minimisation. 

    Delegated Officer

    Contracts Manager
    Manager Delivery Sustainability & Infrastructure
    Resource Recovery and Sustainability Lead
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  • Section

    s67

    Summary of Function or Power

    Power (as territorial authority) to apply to the Court for additional penalty to be imposed on person convicted of an offence specified.

    Restriction: Subject also to General Delegations – Legal Proceedings

    

    Delegated Officer

    Contracts Manager
    Manager Delivery Sustainability & Infrastructure
    Resource Recovery and Sustainability Lead
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  • Section

    s71

    Summary of Function or Power

    Power (as territorial authority) to file a charging document in respect the offence specified within the period prescribed.

    Restriction: Subject also to General Delegations – Legal Proceedings

    

    Delegated Officer

    Contracts Manager
    Manager Delivery Sustainability & Infrastructure
    Resource Recovery and Sustainability Lead
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  • Section

    s75

    Summary of Function or Power

    Power (as territorial authority) to retain infringement fees. 

    Delegated Officer

    Contracts Manager
    Manager Delivery Sustainability & Infrastructure
    Resource Recovery and Sustainability Lead
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  • Section

    s76

    Summary of Function or Power

    Power to appoint enforcement officers under the Act.

    Duty (as territorial authority) to appoint only appropriately qualified and experienced persons as enforcement officers and supply each enforcement officer with a warrant (see also General Delegations - Issue of Warrants).
    
    Restrictions:

    The duty to appoint enforcement officers under this section may not be sub-delegated.

     

    Delegated Officer

    Manager Delivery Sustainability & Infrastructure
    Resource Recovery and Sustainability Lead
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  • Section

    s84

    Summary of Function or Power

    Duty (as territorial authority) to return property that was seized and impounded, in the circumstances specified. 

    Delegated Officer

    Manager Delivery Sustainability & Infrastructure
    Resource Recovery and Sustainability Lead
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  • Section

    s85

    Summary of Function or Power

    Power (as territorial authority) to dispose of property that has not been returned in the circumstances specified and to apply proceeds as provided.

    Delegated Officer

    Manager Delivery Sustainability & Infrastructure
    Resource Recovery and Sustainability Lead
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