9. Other enforcement powers

Licenced waste operators

9.1 Where a licence holder does not comply with the terms and conditions of a waste operator licence, the council may take one or more of the following steps:

1. Issue a written warning to the licence holder, which may be treated as evidence of a prior breach of a licence condition during any subsequent review of the licence;
2. Review the licence, which may result in: 
   1. amendment of the licence; or
   2. suspension of the licence; or
   3. withdrawal of the licence.
3. Have recourse to any bond where the council has incurred any cost as a result of the breach of the licence condition, including where the council has itself performed or arranged for the performance of any licensed activity on the default of the licence holder;
4. Review the amount and nature of the performance bond or security, which may result in: 
   1. an increase of the amount of the performance bond or security;
   2. a change to the nature of the security that has been provided.
5. Enforce any offence that may have been committed under the Litter Act 1979; and
6. Enforce any breach of this bylaw, as provided for in the Health Act 1956, the Local Government Act 2002 and the Waste Minimisation Act 2008.

9.2 Where a person does not comply with any of clauses 7.14 to 7.18 the waste collector may:

1. Reject (i.e. not collect) the contents of any approved container left out by that person for collection from a public place, if the contents or placement of the container is non-compliant;
2. Remove the contents of any approved container left out for collection from a public place, where the contents or placement of the container is non-compliant, subject to payment of the costs of removal, administrative costs and an additional penalty equivalent to the amount payable for the collection of the largest available size of approved container of refuse from that premises;
3. Withdraw or suspend the collection service provided by the waste collector to that person.

9.3 Where a person does not comply with a control made by the council under clauses 7.20 and 7.21 the council may:

1. Suspend that person's use of any service provided by the council at any or every waste collection service;
2. Enforce any offence that may have been committed under the Litter Act 1979;
3. Enforce any breach of this bylaw, as provided for in the Health Act 1956, the Local Government Act 2002 and the Waste Minimisation Act 2008.

9.4 Where a person does not comply with any of clauses 7.14 to 7.18 the council may:

1. Enforce any offence that may have been committed under the Litter Act 1979;
2. Enforce breach of this bylaw, as provided for in the Health Act 1956, the Local Government Act 2002 and the Waste Minimisation Act 2008.

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