Western Australian Numbered Acts

WASTE AVOIDANCE AND RESOURCE RECOVERY ACT 2007 (NO. 36 OF 2007) - SECT 80

80 .         Application of moneys in the WARR Account

        (1)         Moneys held in the WARR Account may be applied by the Waste Authority, in a manner that is consistent with the current business plan or is approved by the Minister —

            (a)         to fund programmes relating to the management, reduction, reuse, recycling, monitoring or measurement of waste; and

            (b)         to fund the preparation, review and amendment of the waste strategy, waste plans under Part 4 and extended producer responsibility schemes and the implementation of that strategy and those plans and schemes; and

            (c)         in payment of the costs of administering the WARR Account (including the costs of collecting levies and penalties and support and evaluation services).

        (2)         The Waste Authority must —

            (a)         seek the advice of such other entities as the Waste Authority thinks fit as to the setting and variation of a levy; and

            (b)         from time to time develop and publish a statement of the objectives to be achieved by programmes funded under this section.

        (3)         Moneys held in the WARR Account may be paid to an entity by the Waste Authority for the purposes of subsection (1)(a) on such terms and conditions as the Waste Authority thinks fit.

        (4)         An entity to whom moneys are paid under subsection (1)(a) who fails to ensure that —

            (a)         the moneys are only expended for the purposes of the programme and in accordance with any terms or conditions imposed by the Waste Authority; or

            (b)         a performance evaluation in respect of the programme for which the moneys are paid is carried out in accordance with any written direction of the Waste Authority; or

            (c)         at such time or times as are prescribed by the regulations, a special purpose audit is carried out by a registered company auditor of the allocation and expenditure of the moneys; or

            (d)         a report on the audit is prepared by the auditor and a copy of the report is provided to the Waste Authority as soon as is practicable after it is prepared,

                commits an offence.

        Penalty: a fine of $10 000.

        (5)         The annual report of the Department prepared for the purposes of the Financial Management Act 2006 Part 5 must include a summary of any written performance evaluation carried out pursuant to a direction of the Waste Authority by an entity to whom moneys are paid under subsection (3).