Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 101]
1 . Terms used in this Schedule
In this
Schedule —
commencement day means the day on which
section 101 comes into operation.
2 . Application of the
Interpretation Act 1984
(1) The provisions of
the Interpretation Act 1984 (for example sections 36 and 38) about
the repeal of written laws and the substitution of other written laws for
those so repealed apply to the repeal of the
Environmental Protection (Landfill) Levy Act 1998 and its substitution by
the Waste Avoidance and Resource Recovery Levy Act 2007 as if the repeal
and substitution were effected under this Act.
(2) The other
provisions of this Schedule are additional to the provisions applied by
subclause (1).
3 . Local laws under Health Act 1911
continued
(1) Any local law made
by a local government under the Health Act 1911 section 112A or
134(20), (21), (22), (23), (24), (29) (in relation to waste services) or (30)
and of effect on the commencement day continues to be of effect as if it were
made under this Act and may be amended or repealed accordingly.
(2) For the purposes
of the Local Government Act 1995 section 3.16(1) a local law
referred to in subclause (1) and made after the coming into operation of
the Local Government Act 1995 is to be regarded as having commenced on
the day on which it was made under the Health Act 1911.
4 . Fees and charges fixed under
Health Act 1911 continued
(1) Any charge fixed
under the Health Act 1911 section 106 that is imposed per waste
receptacle continues to be of effect as if it were a charge imposed under
section 67.
(2) Any fee or charge
for the removal of refuse fixed by resolution by a local government under the
Health Act 1911 section 344C and of effect on the commencement day
continues to be of effect as if it were a fee or charge prescribed by local
law under this Act.
The regulations made
for the purposes of the Environmental Protection Act 1986 Part VIIA or
the Environmental Protection (Landfill) Levy Act 1998 section 4
that were in force immediately before the commencement day continue in force
as if they were regulations made under this Act and may be amended or repealed
accordingly.
6 . Waste Management and Recycling Fund
(1) In this
section —
former fund means the Waste Management and
Recycling Fund established under the EP Act section 110H.
(2) On the
commencement day any moneys standing to the credit of the former fund are to
be credited to the WARR Account to be applied —
(a) in
the payment of any liabilities of the former fund which arose before the
commencement day; and
(b) for
the purposes set out in section 80,
and the former account
is then to be closed.
(3) The WARR Account
is to be credited with any moneys that became payable to the former fund
before the commencement day and that is paid after that day.
7 . Waste Management (WA): devolution of assets
and liabilities
(1) In this
clause —
assets means —
(a)
property of every kind whether tangible or intangible, real or personal,
corporeal or incorporeal; and
(b)
without limiting paragraph (a) includes choses in action, goodwill,
rights, interests and claims of every kind in or to property, whether arising
from, accruing under, created or evidenced by or the subject of, an instrument
or otherwise and whether liquidated or unliquidated, actual, contingent or
prospective;
liability means any liability, duty or obligation
whether actual, contingent or prospective, liquidated or unliquidated, or
whether owned alone or jointly or jointly and severally with any other person;
right means any right, power, privilege or
immunity whether actual, prospective or contingent;
Waste Management (WA) means the body established
under the EP Act section 110L.
(2) On and after the
commencement day —
(a) the
assets and rights of Waste Management (WA) that were immediately before that
day vested in Waste Management (WA) vest in the State by force of this clause;
and
(b) the
liabilities of Waste Management (WA) (including a share of a liability)
immediately before that day become, by force of this clause, the liabilities
of the State; and
(c) any
proceeding or remedy that immediately before that day might have been brought
or continued by or available against or to Waste Management (WA), may be
brought or continued and are available, by or against or to the State; and
(d) all
records and data of Waste Management (WA) pass to the State.
(3) Any agreement or
instrument subsisting immediately before the commencement day —
(a) to
which Waste Management (WA) was a party; or
(b)
which contains a reference to Waste Management (WA),
has effect on and
after the commencement day as if —
(c) the
State were substituted for Waste Management (WA) as a party to the agreement
or instrument; and
(d) any
reference in the agreement or instrument to Waste Management (WA) were (unless
the context otherwise requires) amended to be or include a reference to the
State.
(1) If there is no
sufficient provision in this Act for dealing with a transitional matter,
regulations under this Act may prescribe all matters that are required or
necessary or convenient to be prescribed for dealing with the matter.
(2) In
subclause (1) —
transitional matter means a matter that needs to
be dealt with for the purpose of —
(a)
effecting the transition from the provisions repealed by this Act to the
provisions of this Act; or
(b)
effecting the transition from the provisions of an Act amended by a provision
of this Act (the amending provision ) as in force before the commencement day
to the provisions of that Act as in force after the commencement day.
(3) Regulations made
under subclause (1) may provide that specified provisions of this Act as
in force on or after the commencement day, or of subsidiary legislation made
under this Act, or of an Act amended by this Act —
(a) do
not apply; or
(b)
apply with specified modifications,
to or in relation to
any matter.
(4) If regulations
made under subclause (1) provide that a specified state of affairs is to
be taken to have existed, or not to have existed, on and from a day that is
earlier than the day on which the regulations are published in the Gazette but
not earlier than the commencement day, the regulations have effect according
to their terms.
(5) In
subclauses (3) and (4) —
specified means specified or described in the
regulations.
(6) If regulations
contain a provision referred to in subclause (4), the provision does not
operate so as to —
(a)
affect in a manner prejudicial to any person (other than the State, an
authority of the State or a local government), the rights of that person
existing before the day of publication of those regulations; or
(b)
impose liabilities on any person (other than the State, an authority of the
State or a local government) in respect of anything done or omitted to be done
before the day of publication of those regulations.