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Waste Management Act.

Country
Type of law
Legislation
Date of original text
Source


Abstract
The purpose of the Act is to hinder harmful effects on human beings, animals, plants and their natural environment through the principles of waste prevention, waste processing and waste disposal. The principle of precaution leads careful resource management policy and the polluter-pays-principle imposes obligations on those people engaged in the production of waste. The Act is composed of 47 articles. The first Section (arts. 1-4) describes the scope of the Act and contains various definitions. Section II regulates the elaboration and content of a federal waste management plan. Section III (arts. 6–10) lays down the objectives of waste prevention, the obligations of the federal government, waste control and prevention measures, regulations concerning installation-related waste prevention and the authorization to enact regulations on the recycling and reuse of materials. Section IV (arts. 11–20) establishes the obligations of people engaged in waste collection, storage, transport or processing (e.g. the separate collection of dangerous waste and used oils, rules for their transport, duties of notification and record keeping, personal requirements for waste collectors, principles of recycling and waste processing, duties of municipalities and real estate owners). Section V (arts. 21–25) states special provisions concerning used oils, Section VI (arts. 26–31) contains provisions on the locations and installations for waste processing and on public collection points, safeguard of locations for dangerous waste processing, licensing of installations, Integrated Pollution Prevention and Control (IPPC), regulations for running waste disposal sites (arts. 30a-30g). Section VII (arts. 32 and 33) states the powers of the administrative authorities to impose the implementation of appropriate measures in case of infringement of the provisions regulating the deposit or processing of waste according to the Act and the rights of inspection. Section VIII (arts. 34–38(a)) contains rules on the importation, exportation and transit of waste, the scope of application and procedural rules. Section IX (arts. 39–47) contains final and interim provisions. Article 39 lays down penal provisions, article 39(a) gives the rules on prescription.
Long title of text
Federal Act on the prevention and treatment of waste.
Date of consolidation/reprint
Entry into force notes
The Act enters into force on 1 July 1990.
Notes
The present Act is consolidated as of 6 August 2002 (BGBl. I No. 114/2002).
Repealed
Yes
Source language

English

Legislation status
repealed
Legislation Amendment
No
Original title
Bundesgesetz vom 6. Juni 1990 über die Vermeidung und Behandlung von Abfällen (Abfallwirtschaftsgesetz).