Clause 7

In this Part, unless the context otherwise requires —

In this Part, food waste has been treated if —

it has undergone a prescribed food waste treatment process; or

it has been treated using a prescribed food waste treatment system.Prescribed buildings25.—

The Minister may prescribe any building to be a prescribed building for the purposes of this Part.(2) A prescription under subsection (1) may be specific or by way of any class, type or description of buildings.Division 2 — Food waste segregationOccupiers of prescribed buildings to segregate food waste26.—

An occupier of a prescribed building, or a part of a prescribed building, must, as from and including the date prescribed for the building, in relation to any food waste generated by the occupier in the prescribed building or within the premises on which the prescribed building is situated —

segregate, in the prescribed building or within those premises, the food waste from any other type of waste; and

subject to section 27, dispose of the segregated food waste only at a facility mentioned in section 27A(1).(2) An occupier of a prescribed building, or a part of a prescribed building, must not dispose of any type of waste other than food waste at a facility mentioned in section 27A(1).(3) A person who, without reasonable excuse, contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.Approved alternative food waste disposal or treatment arrangements27.—

Despite section 26(1)(b), the occupier of a prescribed building or any part of a prescribed building may, with the written approval of the Agency —

treat the segregated food waste in the prescribed building or within the premises on which the prescribed building is situated; or

engage a licensed waste collector to send the segregated food waste for treatment at —

a licensed waste disposal facility; or

a public disposal facility.(2) An occupier who has obtained a written approval under subsection (1) must, for the period that the written approval is valid, treat the food waste or send the food waste for treatment in the manner approved.(3) The Agency may revoke an approval mentioned in subsection (1) granted to an occupier, after giving the occupier prior written notice within any period that may be prescribed, of the Agency’s intention to do so.(4) Where the Agency grants or revokes any written approval under subsection (1) or (3), the Agency must notify the building manager of the prescribed building concerned of the grant or revocation.(5) An occupier who, without reasonable excuse, contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and

in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.Provision of segregated waste disposal facilities27A.—

The building manager of a prescribed building must provide, in the prescribed building or within the premises on which the prescribed building is situated, one or more facilities to enable occupiers of the prescribed building or any part of the prescribed building to segregate and dispose of food waste separately from any other type of waste.(2) A building manager who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and

in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.(3) In a prosecution for an offence under subsection (2), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.(4) The offence under subsection (2) is a strict liability offence.Treatment of food waste27B.—

The building manager of a prescribed building must, in relation to any food waste disposed of at a facility mentioned in section 27A(1) —

where the prescribed building is erected pursuant to a relevant written permission — treat the food waste, or cause the food waste to be treated, in the prescribed building or within the premises on which the prescribed building is situated, unless the building manager obtains prior written permission from the Agency for the food waste to be treated at a licensed waste disposal facility or public disposal facility; and

where the prescribed building is not erected pursuant to a relevant written permission — treat the food waste, or cause the food waste to be treated, in the prescribed building or within the premises on which the prescribed building is situated, or at a licensed waste disposal facility or public disposal facility.(2) In determining whether a building manager should be granted permission under subsection (1)(a) to treat food waste at a licensed waste disposal facility or public disposal facility, the Agency is to have regard, and give such weight as the Agency considers appropriate, to such matters as may be prescribed for this subsection.(3) A building manager who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both.(4) In a prosecution for an offence under subsection (3), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.(5) The offence under subsection (3) is a strict liability offence.Division 3 — Food waste reportingReporting of food waste treated27C.—

A person must submit to the Agency, in relation to each year or part of a year for which the person is or was a building manager of a prescribed building (each such year or part of a year called in this section a reportable period of the building manager), a report containing the following information:

the amount of food waste treated pursuant to sections 27(1)(a) or (b) and 27B(1)(a) or (b) in that reportable period of the building manager;

of the amount of the food waste so treated in that period —

the amount that is treated in the prescribed building or within the premises on which the prescribed building is situated; and

the amount that is treated at a licensed waste disposal facility or public disposal facility;

any other prescribed information relating to the food waste so treated in that period.(2) A person given an approval under section 27(1) by the Agency must, in respect of the time during which the person is an occupier of the prescribed building or any part of the prescribed building, submit to the building manager a report containing the following information in relation to the food waste treated or caused to be treated by the person as such occupier under the approval:

the amount of food waste so treated;

of the amount of the food waste so treated in that period —

the amount that is treated in the prescribed building or within the premises on which the prescribed building is situated; and

the amount that is treated at a licensed waste disposal facility or public disposal facility;

any other prescribed information relating to the food waste so treated in that period.(3) A person who, without reasonable excuse, contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction —

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and

in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.Requirements for reports27D.—

A requirement to submit a report under this Part to the Agency or a building manager is a requirement to do so in accordance with any requirements prescribed under section 52 for the report, including its preparation and submission.(2) The Agency may, in respect of any incomplete or inaccurate report submitted by a person, in writing direct the person to do the following within the time period specified in the direction (or any longer time that the Agency may allow in any particular case):

rectify or re-compute any matter in the report as the Agency may require;

resubmit the report to the Agency,and the person must comply with the direction.(3) A person who fails to comply with a direction under subsection (2) shall be guilty of an offence and shall be liable —

on the first conviction to a fine not exceeding $5,000; and

on a second or subsequent conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after that second or subsequent conviction.(4) In a prosecution for an offence under subsection (3), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.(5) The offence under subsection (3) is a strict liability offence.Keeping of records27E.—

A person who is required under this Part to submit any report to the Agency or a building manager, must keep and maintain complete and accurate records containing such information and documents, and in accordance with such other requirements, as may be prescribed under section 52, relating to —

that report, including the preparation and submission of the report; and

monitoring and evaluation undertaken by the person to ensure compliance with this Act.(2) The person mentioned in subsection (1) must —

retain the records mentioned in subsection (1) for at least the prescribed period;

during the prescribed period mentioned in paragraph (a), make those records available for inspection by any authorised officer, when so requested by the authorised officer; and

submit to the Agency those records in the time specified by the Agency.(3) A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable —

on the first conviction to a fine not exceeding $5,000; and

on a second or subsequent conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after that second or subsequent conviction.(4) In a prosecution for an offence under subsection (3), it is not necessary for the prosecution to prove that the defendant intended to commit the offence.(5) The offence under subsection (3) is a strict liability offence.”.

where the prescribed building is occupied by only one person — the owner or occupier of the building; or

where the prescribed building is occupied by more than one person —

where the prescribed building is a subdivided building — the management corporation of the building; or

where the prescribed building is not a subdivided building — the owner of the building or an agent of the owner who is responsible for maintaining the building;