Resource Sustainability Act 2019 · 2020 Revised Edition · Part 5 · Food Waste
27B. Treatment of food waste
Feedback & supportLast amended by an amending law of 2023.
The building manager of a prescribed building must, in relation to any food waste disposed of at a facility mentioned in section 27A(1) —
building manager
“building manager”, in relation to a prescribed building, means —(a)where the prescribed building is occupied by only one person — the owner or occupier of the building; or(b)where the prescribed building is occupied by more than one person —(i)where the prescribed building is a subdivided building — the management corporation of the building; or(ii)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;
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.
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.
waste
“waste” includes any discarded, rejected, unwanted, surplus or abandoned substance, and a substance is not precluded from being waste for the purposes of this Act merely because it is or may be processed, recycled or recovered.
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.
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.
The offence under subsection (3) is a strict liability offence.