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TitleWaste Reduction and Recycling Act 2011
LanguageEnglish
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Table of Contents
                            Waste Reduction and Recycling Act 2011
	Queensland
Contents
Chapter 1 Preliminary
Part 1 Introduction
	1 Short title
	2 Commencement
Part 2 Objects, applicable principles and application of Act
	3 Objects of Act
	4 Achieving Act’s objects
	5 Approach to achieving Act’s objects
	6 Act binds all persons
Part 3 Interpretation
	7 Definitions
	8 The concept of disposal
	9 Meaning of waste and resource management hierarchy
	10 Meaning of polluter pays principle
	11 Meaning of user pays principle
	12 Meaning of proximity principle
	13 Meaning of product stewardship principle
Chapter 2 Management documents
Part 1 Waste management strategy
	14 Waste management strategy
	15 What may be included in State’s waste management strategy
	16 Preparation of draft strategy
	17 Submissions to be considered when preparing final strategy
	18 Approval of final strategy
	19 Minor amendment of waste management strategy
	20 Review of State’s waste management strategy
	21 Preparation of draft review report on waste management strategy
	22 Publication of review report and amending or replacement waste management strategy
Part 2 Business plan for State’s waste management strategy
	23 Preparation and approval of business plan
	24 Chief executive to report department’s progress for business plan
Chapter 3 Waste levy
Part 1 Preliminary
	25 Main purpose
	26 Definitions for ch 3
	27 Meaning of levyable waste disposal site
Part 2 Identifying exempt waste
	28 Chief executive may declare limits for disaster management waste
	29 Application for approval of waste as exempt waste
	30 Chief executive may require additional information
	31 Deciding application
	32 Grant of application
	33 Refusal of application
	34 Chief executive may declare waste to be exempt waste without exempt waste application
	35 Cancellation of approval
	36 Procedure for cancelling approval
Part 3 Operation of the waste levy
	37 Imposition of waste levy
	38 Calculating waste levy amount
	39 Resource recovery deduction
	40 Regulation identifying waste levy zone
Part 4 Obligations about the waste levy
	41 Person delivering waste to levyable waste disposal site to give information as required by operator of site
	42 Remitting waste levy amounts to State
	43 Weighbridge requirement provision
	44 Measurement of waste by weighbridge
	45 Measurement of waste other than by weighbridge
	46 Electronic monitoring
	47 Volumetric survey for levyable waste disposal site
	48 Volumetric survey for new landfill cells
	49 Requirements applying for volumetric surveys
	50 Keeping of results of volumetric survey
	51 Failure to comply with requirements for volumetric survey
	52 Submission of waste data returns
	53 Requirement for operator of levyable waste disposal site to keep particular documents
	54 Waste levy evasion
	55 Application for waste levy instalment agreement
	56 Other requirements applying to waste levy instalment agreements
	57 Amendment of waste levy instalment agreement
	58 Application for extension of time to pay waste levy amount
	59 Notice by chief executive for extension of time to pay waste levy amount
	60 Estimation of waste levy amount payable by operator of levyable waste disposal site
Part 5 Resource recovery area
	61 Resource recovery area
	62 Declaration of resource recovery area
	63 Effect of declaration of resource recovery area
	64 Revocation of resource recovery area by chief executive
	65 Requirement to keep documents
	66 Volumetric survey for resource recovery area
	67 Offences relating to resource recovery area
Part 6 Waste and Environment Fund
	68 Establishment of fund
	69 Object of Waste and Environment Fund
	70 Payment of amounts into Waste and Environment Fund
	71 Payment of amounts from Waste and Environment Fund
	72 Administration of Waste and Environment Fund
	73 Review of efficacy of waste levy
Chapter 4 Management of priority and other products
Part 1 Preliminary
	74 Purpose of chapter
Part 2 Priority products
	75 Preparation and notification of draft priority product statement
	76 Requirements for draft priority product statement
	77 What are the priority product criteria for a product
	78 Inclusion of invitation for voluntary product stewardship scheme
	79 Finalisation of priority product statement
	80 Approval of final priority product statement
	81 Minor amendment of priority product statement
	82 Review of priority product statement
Part 3 Product stewardship schemes
	83 What is a product stewardship scheme
	84 What is a voluntary product stewardship scheme
	85 What is a regulated product stewardship scheme
	86 What is an approved program
	87 When is a product stewardship scheme in force for a product
	88 Accredited product stewardship scheme does not override laws
	89 Application for accreditation
	90 Requirements for accreditation
	91 Accreditation
	92 Inquiry about application
	93 Deciding application
	94 Register of accredited schemes
	95 Amendment of accredited product stewardship scheme
	96 Expiry of accredited product stewardship scheme
	97 Revocation of accreditation
	98 Regulation about product stewardship
	99 Monitoring of particular product stewardship scheme
Part 4 Disposal bans
	100 Application of this part
	101 Prohibition on disposal of disposal ban waste
	102 Considerations for prescribing waste as disposal ban waste
Chapter 5 Offences relating to littering and illegal dumping
Part 1 Basic littering and illegal dumping offences
	103 General littering provision
	104 Illegal dumping of waste provision
Part 2 Material that may become waste
	105 What is advertising material
	106 What is unsolicited advertising material for premises
	107 Unlawful delivery provision
	108 Secure delivery provision
	109 Placing document on or in motor vehicle or on building or other fixed structure
	110 Advice to chief executive about placing or attaching documents
	111 Advice to chief executive about delivering or distributing advertising material
	112 Avoiding accumulations of waste
Part 3 Vehicle littering or illegal dumping offences
	113 Application of pt 3
	114 Application of State Penalties Enforcement Act 1999
	115 Effect of passenger declaration
	116 Service of infringement notice for vehicle littering or illegal dumping offence
	117 Chief executive (transport) must disclose information
	118 Facilitating enforcement of vehicle littering or illegal dumping offence
Chapter 6 Strategic planning for waste reduction and recycling
Part 1 Preliminary
	119 Purpose of chapter
	120 Meaning of waste reduction and recycling plan
Part 2 Local government strategic planning for waste
	121 Object of pt 2
	122 Local governments combining on a regional basis
	123 Local government’s waste reduction and recycling plan obligation
	124 Matters to be complied with in the preparation and adoption of a local government’s waste reduction and recycling plan
	125 Adoption of plan following consultation
	126 Review of plan
	127 Amendment of plan
	128 Chief executive may prepare waste reduction and recycling plan
	129 Copy of plan or amendment to be given to chief executive
	130 Inspection and availability for purchase of plan
Part 3 State entity strategic planning for waste
	131 Object of pt 3
	132 What is a State entity and who is its chief executive officer
	133 State entity’s waste reduction and recycling plan obligation
	134 Matters to be complied with in the preparation and adoption of a State entity’s waste reduction and recycling plan
	135 Inspection and availability for purchase of plan
	136 Review of plan
	137 Amendment of plan
Part 4 Planning entity strategic planning for waste
	138 Object of pt 4
	139 Identification of planning entity and of what is relevant waste for a planning entity
	140 Notification of status as planning entity
	141 Planning entity’s waste reduction and recycling plan obligation
	142 Requirements for waste reduction and recycling plan
	143 Other matters that may be included in a waste reduction and recycling plan
	144 Additional requirements for a waste reduction and recycling plan for a sector of planning entities
	145 Amendment of waste reduction and recycling plan
	146 Requirement to give copy of adopted plan to chief executive
Chapter 7 Reporting about waste management
Part 1 Reporting on waste reduction and recycling plans
	147 Local government reporting
	148 State entity reporting
	149 Planning entity reporting
Part 2 Reporting on waste recovery and disposal
	150 Identification of reporting entity
	151 Notification of status as reporting entity
	152 Reporting entity obligation
	153 Requirements for report
Part 3 Reporting by chief executive
	154 Annual report on waste disposal and recycling
Chapter 8 Approval of resource for beneficial use
Part 1 Preliminary
	155 Definitions for ch 8
Part 2 Chief executive may approve resource
	156 Approval of resource
Part 3 Specific approvals
	157 Application
	158 Chief executive may require additional information
	159 Deciding application
	160 Criteria for decision
	161 Grant of application
	162 Refusal of application
Part 4 General approvals
	163 Chief executive may grant general approval
	164 Criteria for decision
	165 Procedure for granting general approval
Part 5 Conditions of approvals
	166 Conditions of approval
	167 Failure to comply with condition of approval
Part 6 Transfer, amendment, cancellation or suspension of approvals
	168 Application for transfer of benefit or amendment of specific approval
	169 Chief executive may require additional information
	170 Amendment of approval
	171 Cancellation or suspension of an approval
	172 Procedure for amending, cancelling or suspending an approval
	173 Register
Chapter 9 Reviews
Part 1 Internal reviews
	174 Internal review process
	175 Who may apply for internal review
	176 Requirements for making application
	177 Decision not stayed
	178 Internal review
	179 Notice of internal review decision
	180 Who may apply for external review
Chapter 10 Authorised persons
Part 1 Preliminary
	181 Definitions for ch 10
Part 2 General matters about authorised persons
	182 Functions of authorised persons
	183 Appointment and qualifications
	184 Appointment conditions and limit on powers
	185 When office ends
	186 Resignation
	187 Issue of identity card
	188 Production or display of identity card
	189 Return of identity card
	190 References to exercise of powers
	191 Reference to document includes reference to reproductions from electronic document
Part 3 Entry of places by authorised persons
	192 General power to enter places
	193 Application of div 2
	194 Incidental entry to ask for access
	195 Matters authorised person must tell occupier
	196 Consent acknowledgement
	197 Application for warrant
	198 Issue of warrant
	199 Electronic application
	200 Additional procedure if electronic application
	201 Defect in relation to a warrant
	202 Procedure
	203 Procedure
	204 Power to enter
	205 Procedure for entry
Part 4 Other authorised persons’ powers and related matters
	206 Application of div 1
	207 Power to stop or move
	208 Identification requirements if vehicle moving
	209 Failure to comply with direction
	210 Application of div 2
	211 General powers
	212 Power to require reasonable help
	213 Offence to contravene help requirement
	214 Seizing evidence at a place that may be entered without consent or warrant
	215 Seizing evidence at a place that may be entered only with consent or warrant
	216 Seizure of property subject to security
	217 Requirement of person in control of thing to be seized
	218 Offence to contravene seizure requirement
	219 Power to secure seized thing
	220 Offence to contravene other seizure requirement
	221 Offence to interfere
	222 Receipt and information notice for seized thing
	223 Access to seized thing
	224 Return of seized thing
	225 Forfeiture by chief executive
	226 Information notice for forfeiture decision
	227 Forfeiture on conviction
	228 Procedure and powers for making forfeiture order
	229 When thing becomes property of the State
	230 How property may be dealt with
	231 Disposal order
	232 Power to require name and address
	233 Offence to contravene personal details requirement
	234 Power to require production of document
	235 Offence to contravene document production requirement
	236 Offence to contravene document certification requirement
	237 Power to require information
	238 Offence to contravene information requirement
Part 5 Miscellaneous provisions
	239 Duty to avoid inconvenience and minimise damage
	240 Notice of damage
	241 Compensation
	242 Giving authorised person false or misleading information
	243 Obstructing authorised person
	244 Impersonating authorised person
Chapter 11 Show cause notices and compliance notices
Part 1 Preliminary
	245 Definitions for ch 11
Part 2 Show cause notices
	246 Giving show cause notice
	247 General requirements of show cause notice
Part 3 Compliance notices
	248 Giving compliance notice
	249 Restriction on giving compliance notice
	250 General requirements of compliance notices
	251 Person must comply with notice
Chapter 12 Waste audits
Part 1 Preliminary
	252 Definitions for ch 12
Part 2 Chief executive may require conduct of waste audits
	253 When waste audit required
	254 Recipient must comply with notice
Part 3 Other provisions
	255 Who may conduct waste audit
	256 Declarations to accompany waste report
	257 Costs of waste audit and report
Chapter 13 Court orders
	258 Court may make particular orders
	259 Court may order recovery of chief executive’s costs
	260 Chief executive may take action and recover costs
	261 Restraint of contraventions of Act etc.
	262 Power of court to make order pending determination of proceeding
Chapter 14 Miscellaneous
	263 Delegation by chief executive
	264 General duties about documents or records
	265 Giving chief executive false or misleading information
	266 Protection of officials from liability
	267 Summary proceedings for offences
	268 Executive officers must ensure corporation complies with Act
	269 Application of Acts to local governments
	270 Approval of forms
	271 Regulation-making power
Chapter 15 Transitional provisions
Part 1 Transitional provisions relating to approvals under the Environmental Protection (Waste Management) Regulation 2000
	272 Interpretation for pt 1
	273 Matters relating to existing approvals
	274 Applications for approvals made before the commencement
	275 Reviews and appeals
	276 Offences
Part 2 Discounted levy for residue waste disposal until 30 June 2014
	277 Definition for pt 2
	278 Application for discounting of waste levy amount
	279 Chief executive may require additional information
	280 Deciding application
	281 Grant of application
	282 Refusal of application
	283 Cancellation of grant
	284 Procedure for cancelling grant of residue waste discounting application
	285 Automatic cancellation of grant
Part 3 Exemption from waste levy for residue waste until 30 June 2014
	286 Definition for pt 3
	287 Application for approval of residue waste as exempt waste for transition period
	288 Chief executive may require additional information
	289 Deciding application
	290 Grant of application
	291 Refusal of application
	292 Cancellation of grant
	293 Procedure for cancelling grant of transition period exempt waste application
	294 Automatic cancellation of grant
Part 4 General provisions
	295 Existing waste management strategy and business plan
	296 Volumetric survey of levyable waste disposal site before waste levy commencement
	297 Volumetric survey of resource recovery area before waste levy commencement
	298 Temporary relaxation from s 45(2) requirements for small site
	299 Offences against repealed littering provisions
	300 Existing strategic plans under repealed waste management policy
	301 Clinical and related waste management plan
Chapter 16 Repeal and amendment of other legislation
Part 1 Repeal
	302 Repeal
Part 2 Amendment of Environmental Protection Act 1994
	303 Act amended
	304 Amendment of s 13 (Waste)
	305 Omission of ch 7, pt 7 (Special provisions about waste management)
	306 Omission of ch 8, pt 3A (Offences relating to depositing litter)
	307 Omission of ch 9, pt 2A (Power of authorised persons to give directions about litter removal)
	308 Omission of s 474A (Failure to comply with authorised person’s direction to remove litter)
	309 Amendment of section 520 (Dissatisfied person)
	310 Amendment of s 580 (Regulation-making power)
	311 Amendment of sch 2 (Original decisions)
	312 Amendment of sch 4 (Dictionary)
Part 3 Amendment of Environmental Protection (Waste Management) Regulation 2000
	313 Regulation amended
	314 Omission of pt 5, div 1 (Clinical and related waste management plans)
	315 Omission of pt 6A (Approval of resource for beneficial use)
Part 4 Amendment of Forestry Act 1959
	316 Act amended
	317 Replacement of s 32AA (Chief executive to notify chief executive (lands) of change to State forest)
	318 Amendment of pt 6B, hdg (Natural resource products)
	319 Amendment of s 61J (Agreement about natural resource products)
	320 Insertion of new pt 6C
	321 Insertion of new pt 10, div 3
	322 Amendment of sch 3 (Dictionary)
Part 5 Amendment of Land Act 1994
	323 Act amended
	324 Amendment of s 275 (Registers comprising land registry)
	325 Amendment of s 276 (Registers to be kept by chief executive)
	326 Insertion of new s 279A
	327 Insertion of new s 280A
	328 Amendment of s 373E (Application of div 8B)
	329 Amendment of s 373F (Definitions for div 8B)
	330 Amendment of s 373E (Application of div 8B)
	331 Insertion of new ch 6, pt 4, div 8C
	332 Insertion of new ch 9, pt 1J
	333 Amendment of sch 6 (Dictionary)
Part 6 Amendment of Land Title Act 1994
	334 Act amended
	335 Insertion of new pt 6, div 4C
	336 Amendment of sch 6 (Dictionary)
Part 7 Amendment of Nature Conservation Act 1992
	337 Act amended
	338 Insertion of new ss 33A and 33B
	339 Insertion of new s 37A
	340 Insertion of new pt 4, div 2, sdiv 4A
	341 Amendment of s 42AD (Leases etc. over national park (Cape York Peninsula Aboriginal land))
	342 Amendment of s 42AE (Particular powers about permitted uses in national park (Cape York Peninsula Aboriginal land))
	343 Amendment of s 42AN (Leases etc. over land in indigenous joint management area)
	344 Insertion of new pt 4, div 3, sdiv 4
	345 Insertion of new s 50A
	346 Insertion of new ss 70EA and 70EB
	347 Amendment of s 133 (Chief executive to keep register)
	348 Insertion of new pt 12, div 4
	349 Amendment of schedule (Dictionary)
Part 8 Amendment of South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
	350 Act amended
	351 Amendment of s 11 (Functions)
	352 Amendment of s 53ARB (Application of div 1)
	353 Amendment of ch 2C, hdg (Trade waste provisions for distributor-retailers)
	354 Amendment of ch 2C, pt 1, hdg (General provisions about trade waste officers)
	355 Amendment of s 53CK (Appointment and other provisions)
	356 Amendment of s 53CL (Functions)
	357 Amendment of ch 2C, pt 2, hdg (Powers of trade waste officers)
	358 Amendment of s 53CM (General powers of entry)
	359 Amendment of ch 2C, pt 2, div 2, hdg (Entry to take trade waste compliance action)
	360 Amendment of s 53CN (Power to enter)
	361 Amendment of s 53CO (Power to enter place subject to approved inspection program)
	362 Amendment of s 53CP (Approving an inspection program)
	363 Amendment of s 53CR (Application for warrant)
	364 Amendment of s 53CS (Issue of warrant)
	365 Amendment of s 53CT (Application by electronic communication and duplicate warrant)
	366 Amendment of s 53CV (Entry with consent)
	367 Amendment of s 53CW (Entry under warrant)
	368 Amendment of s 53CX (Other entries)
	369 Amendment of s 53CY (Application of div 6)
	370 Amendment of s 53CZ (General powers after entry)
	371 Amendment of s 53DA (Failure to help trade waste officer)
	372 Amendment of s 53DB (Application of div 7)
	373 Amendment of s 53DC (Power to require name and residential address)
	374 Amendment of s 53DD (Power to require evidence of name or residential address)
	375 Amendment of s 53DE (Exception if trade waste offence not proved)
	376 Amendment of s 53DF (Duty to avoid damage)
	377 Amendment of s 53DG (Notice of damage)
	378 Amendment of s 53DH (Content of notice of damage)
	379 Amendment of ch 2C, pt 3, hdg (Trade waste compliance notices)
	380 Amendment of s 53DJ (Who may give a trade waste compliance notice)
	381 Amendment of s 53DK (Requirements for trade waste compliance notice)
	382 Amendment of s 53DL (Offence to contravene trade waste compliance notice)
	383 Amendment of s 53DM (Action distributor-retailer may take if trade waste compliance notice contravened)
	384 Amendment of s 53DN (Recovery of costs of trade waste compliance action)
	385 Amendment of s 100D (Application of Water Supply Act internal and external review provisions for decisions under Act)
	386 Insertion of new ch 6, pt 5
	387 Amendment of schedule (Dictionary)
Part 9 Amendment of Water Act 2000
	388 Act amended
	389 Insertion of new ch 8, pt 3, div 1, hdg
	390 Amendment of s 984 (Definitions for pt 3)
	391 Insertion of new ch 8, part 3, div 2, hdg
	392 Amendment of s 986 (Compensation for reduced value of entitlement to water)
	393 Insertion of new ch 8, pt 3, div 3
Part 10 Amendment of Water Supply (Safety and Reliability) Act 2008
	394 Act amended
	395 Insertion of new ch 3, pt 9A, div 4A
	396 Amendment of sch 3 (Dictionary)
	397 Amendment of ch 2, pt 6, hdg (Trade waste)
	398 Replacement of s 180 (Trade waste approvals)
	399 Amendment of s 181 (Approval may be conditional)
	400 Amendment of s 182 (Criteria for suspending or cancelling trade waste approval)
	401 Amendment of s 183 (Suspending or cancelling trade waste approval)
	402 Amendment of s 184 (Immediate suspension or cancellation)
	403 Amendment of s 185 (Amending trade waste approval)
	404 Amendment of s 193 (Discharging particular materials)
	405 Amendment of s 330 (Notice to sewerage service provider)
	406 Amendment of s 331 (Report about compliance with notice)
	407 Amendment of sch 1 (Prohibited substances)
	408 Amendment of sch 3 (Dictionary)
Dictionary
                        
Document Text Contents
Page 1

Queensland

Waste Reduction and
Recycling Act 2011

Act No. 31 of 2011

Page 154

[s 178]

Waste Reduction and Recycling Act 2011
Chapter 9 Reviews
Part 1 Internal reviews
178 Internal review

(1) The chief executive must, within 20 days after receiving an
internal review application made under section 176—

(a) conduct an internal review of the decision the subject of
the application (the original decision); and

(b) make a decision (the internal review decision) to—

(i) confirm the original decision; or

(ii) amend the original decision; or

(iii) substitute another decision for the original
decision.

(2) The application must not be dealt with by—

(a) the person who made the original decision; or

(b) a person in a less senior office than the person who
made the original decision.

(3) Subsection (2)—

(a) applies despite the Acts Interpretation Act 1954, section
27A; and

(b) does not apply to an original decision made personally
by the chief executive.

(4) If the internal review decision confirms the original decision,
for the purpose of an external review, the original decision is
taken to be the internal review decision.

(5) If the internal review decision amends the original decision,
for the purpose of an external review, the original decision as
amended is taken to be the internal review decision.

179 Notice of internal review decision

(1) The chief executive must, within 10 days after making an
internal review decision, give the applicant notice of the
decision.
Page 152 2011 Act No. 31

Page 155

[s 180]

Waste Reduction and Recycling Act 2011
Chapter 10 Authorised persons

Part 1 Preliminary
(2) If the internal review decision is not the decision sought by the
applicant, the notice must be accompanied by a QCAT
information notice for the decision.

(3) If the chief executive does not give the notice within the 10
days, the chief executive is taken to have made an internal
review decision confirming the original decision.

(4) In this section—

QCAT information notice means a notice complying with the
QCAT Act, section 157(2).

Part 2 External reviews by QCAT

180 Who may apply for external review

A person given, or entitled to be given, a QCAT information
notice under section 179 for an internal review decision may
apply, as provided under the QCAT Act, to QCAT for an
external review of the decision.

Chapter 10 Authorised persons

Part 1 Preliminary

181 Definitions for ch 10

In this chapter—

disposal order see section 231(2).

document certification requirement see section 234(6).
2011 Act No. 31 Page 153

Page 308

Schedule

Waste Reduction and Recycling Act 2011
waste audit, for chapter 12, see section 253(1).

waste data return see section 52(1).

waste facility—

1 A waste facility is a facility for the recycling,
reprocessing, treatment, storage, incineration,
conversion to energy, sorting, consolidation or disposal
(including by disposal to landfill) of waste.

2 However, a waste facility does not include a facility that
is lawfully operated for the sole purpose of disposing of
waste generated by an environmentally relevant activity
carried out under the Environmental Protection Act (the
relevant activity), if—

(a) the waste is generated only by, and its generation is
ancillary to, the operation of the relevant activity;
and

(b) the relevant activity is not a waste management
ERA; and

(c) the facility is operated by, for, or in direct
association with, the entity carrying out the
relevant activity.

waste levy see section 37.

waste levy amount see section 26.

waste levy instalment agreement see section 55(1).

waste levy zone see section 26.

waste management ERA means any of the following
activities to the extent the activity is prescribed under the
Environmental Protection Act as an environmentally relevant
activity—

(a) metal recovery;

(b) crushing, milling, grinding or screening of materials;

(c) battery recycling;

(d) composting and soil conditioner manufacturing;

(e) drum and container reconditioning;
Page 306 2011 Act No. 31

Page 309

Schedule

Waste Reduction and Recycling Act 2011
(f) regulated waste recycling or reprocessing;

(g) regulated waste storage;

(h) regulated waste transport;

(i) regulated waste treatment;

(j) tyre recycling;

(k) waste disposal;

(l) waste incineration and thermal treatment;

(m) operation of a waste transfer station.

waste management strategy, for the State, means the State’s
waste management strategy under this Act.

waste reduction and recycling plan see section 120.

waste reduction and recycling plan obligation—

(a) for a local government, means the local government’s
obligation under section 123; and

(b) for a planning entity, means the planning entity’s
obligation under section 141; and

(c) for a State entity, means the State entity’s obligation
under section 133.

waste report, for chapter 12, see section 253(1).

weighbridge requirement provision means section 43.

WMS business plan see section 23(1).

© State of Queensland 2011
2011 Act No. 31 Page 307

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