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Waste Minimisation Act 2008

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

Section	Summary of Function or Power	Delegated Officers
s28	Duty (as operator of a disposal facility) to pay the levy on waste disposed of as prescribed, unless waived.	Contracts Manager ITS & Delivery Asset Lead Transportation Operations Lead
s32	Powers and duties (as territorial authority) in relation to spending levy money.	Sustainability Officer Manager Delivery Sustainability & Infrastructure Resource Recovery and Sustainability Lead
s42	Duty (as territorial authority) to promote effective and efficient waste management and minimisation within its district.	Sustainability Officer Manager Delivery Sustainability & Infrastructure Resource Recovery and Sustainability Lead
s46	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.	Contracts Manager Sustainability Officer Resource Recovery and Sustainability Lead Manager Delivery Sustainability & Infrastructure
s47	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.	Contracts Manager Manager Delivery Sustainability & Infrastructure Sustainability Officer Resource Recovery and Sustainability Lead
s51	Duty (as territorial authority) to carry out a waste assessment in the manner specified and to consult as provided.	Contracts Manager Sustainability Officer Resource Recovery and Sustainability Lead Manager Delivery Sustainability & Infrastructure
s52	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.	Contracts Manager Manager Delivery Sustainability & Infrastructure Resource Recovery and Sustainability Lead
s53	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.	Contracts Manager Manager Delivery Sustainability & Infrastructure Resource Recovery and Sustainability Lead
s54	Duty (as territorial authority) to collect waste promptly, efficiently and regularly.	Contracts Manager Manager Delivery Sustainability & Infrastructure Resource Recovery and Sustainability Lead
s55	Duty (as territorial authority) to comply/ direct contractor to comply with the notice of Health Protection Officer.	Contracts Manager Manager Delivery Sustainability & Infrastructure Resource Recovery and Sustainability Lead
s60	Duty (as territorial authority) to comply with the LGA 02 when exercising powers and performing duties re waste management and minimisation.	Contracts Manager Manager Delivery Sustainability & Infrastructure Resource Recovery and Sustainability Lead
s67	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	Contracts Manager Manager Delivery Sustainability & Infrastructure Resource Recovery and Sustainability Lead
s71	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	Contracts Manager Manager Delivery Sustainability & Infrastructure Resource Recovery and Sustainability Lead
s75	Power (as territorial authority) to retain infringement fees.	Contracts Manager Manager Delivery Sustainability & Infrastructure Resource Recovery and Sustainability Lead
s76	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.	Manager Delivery Sustainability & Infrastructure Resource Recovery and Sustainability Lead
s84	Duty (as territorial authority) to return property that was seized and impounded, in the circumstances specified.	Manager Delivery Sustainability & Infrastructure Resource Recovery and Sustainability Lead
s85	Power (as territorial authority) to dispose of property that has not been returned in the circumstances specified and to apply proceeds as provided.	Manager Delivery Sustainability & Infrastructure Resource Recovery and Sustainability Lead