Environmental Management and Pollution Control (Waste Management) Amendment Regulations 2005

Environmental Management and Pollution Control (Waste Management) Amendment Regulations 2005

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Environmental Management and Pollution Control Act 1994 .

W. J. E. COX

Governor

By His Excellency's Command,

JUDY JACKSON

Minister for Environment and Planning

1.   Short title

These regulations may be cited as the Environmental Management and Pollution Control (Waste Management) Amendment Regulations 2005 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Environmental Management and Pollution Control (Waste Management) Regulations 2000 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3 of the Principal Regulations is amended as follows:

(a) by omitting paragraph (a) from the definition of approved ;

(b) by omitting paragraph (d) from the definition of approved and substituting the following paragraph:

(d) in accordance with either any national agreement to which Tasmania is a signatory or any national environment protection measure;

(c) by omitting the definition of approved method and substituting the following definition:

approved management method means a management method approved under regulation 12A ;

(d) by omitting "NEPM" from the definition of environmentally significant characteristic and substituting "Interstate Waste Movement NEPM";

(e) by omitting "place" from the definition of facility and substituting "facility";

(f) by inserting the following definitions after the definition of general waste :

Interstate Waste Movement NEPM means the National Environment Protection (Movement of Controlled Waste between States and Territories) Measure, as amended from time to time, made by the National Environment Protection Council on 26 June 1998, under the National Environment Protection Council Act 1994 of the Commonwealth;

national environment protection measure means a national environment protection measure made and in force under section 14 of the National Environment Protection Council Act 1994 of the Commonwealth;

(g) by omitting the definition of NEPM ;

(h) by omitting the definition of store ;

(i) by omitting "requires" from the definition of waste producer and substituting "needs".

5.    Regulation 4 amended (Application)

Regulation 4 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) "controlled waste" and substituting "specified controlled waste or specified controlled wastes";

(b) by omitting from subregulation (3) "NEPM" and substituting "Interstate Waste Movement NEPM".

6.    Regulation 5 amended (Controlled wastes)

Regulation 5 of the Principal Regulations is amended as follows:

(a) by omitting from paragraph (e) "National Management Plan;" and substituting "National Management Plan.";

(b) by omitting paragraph (f) .

7.    Regulation 6 amended (General responsibilities)

Regulation 6 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (1) and substituting the following subregulations:

(1)  Subject to subregulation (1A) , a person must not remove from a site, arrange for the removal from a site, receive, store, reuse, recycle, reprocess, salvage, incinerate, treat, dispose of or use for energy recovery a controlled waste otherwise than –

(a) as approved; or

(b) in accordance with –

(i) an environmental approval; or

(ii) an approved management method.

Penalty:  Fine not exceeding 50 penalty units.

(1A)  A person may arrange for an approved waste transporter to remove a controlled waste from a site to a facility approved for receiving the controlled waste.

(b) by omitting from subregulation (2) "made under the National Environment Protection Council Act 1994 of the Commonwealth";

(c) by omitting subregulation (3) and substituting the following subregulations:

(3)  A person must not arrange for the removal from a site of a waste that may reasonably be suspected to be a controlled waste unless that person –

(a) treats that waste as a controlled waste; or

(b) ensures that waste is analysed in accordance with subregulation (4) to determine whether it is a controlled waste.

Penalty:  Fine not exceeding 20 penalty units.

(4)  An analysis of a waste referred to in subregulation (3) is to be carried out at a laboratory that is –

(a) registered with the National Association of Testing Authorities of Australia for the type of analysis required; or

(b) approved, in writing, by the Director for the type of analysis required.

(5)  This regulation does not apply to –

(a) controlled wastes removed, arranged to be removed, handled, produced, received, stored, reused, recycled, reprocessed, salvaged, incinerated, treated, disposed of or used for energy recovery on domestic premises for usual domestic purposes; or

(b) waste stored for any period –

(i) at the place at which the waste is produced while it is awaiting transportation to another place in accordance with these regulations; or

(ii) at a waste transfer station.

8.    Regulation 7 amended (Production, storage and treatment of controlled waste)

Regulation 7 of the Principal Regulations is amended as follows:

(a) by omitting subregulations (1) and (2) and substituting the following subregulations:

(1)  A person must not cause or permit a controlled waste to be produced, received, stored, reused, recycled, reprocessed, salvaged, incinerated, treated, disposed of or used for energy recovery in such a manner that it is reasonably likely that the controlled waste will –

(a) leak, spill or escape into the environment; or

(b) cause serious environmental harm, material environmental harm or environmental nuisance.

Penalty:  Fine not exceeding 100 penalty units.

(2)  If the Director considers that the aggregate quantity of a class or type of a controlled waste produced or stored on premises causes, or is likely to cause, environmental harm, the Director may give the waste producer or occupier of the premises written notice to do either or both of the following:

(a) submit information in respect of –

(i) the class or type, quantity and concentration of the controlled waste produced or stored on the premises; and

(ii) the location on the premises of the controlled waste;

(b) ensure that the controlled waste is removed to a facility approved for receiving it.

(b) by omitting subregulations (3) and (4) ;

(c) by omitting from subregulation (5) " subregulation (4) " and substituting " subregulation (2) ".

9.    Regulation 8 amended (Disposal of controlled waste)

Regulation 8 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1)(b) "the abnormal" and substituting "any harmful";

(b) by omitting from subregulation (1)(b) "or organism" and substituting ", organism or soil";

(c) by omitting from subregulation (1)(c) "the" second occurring;

(d) by omitting subregulation (2) and substituting the following subregulation:

(2)  A person must not dilute a controlled waste with any other waste or any other substance for the purpose of lowering the concentration of contaminants to a level where it is not a controlled waste requiring regulation, otherwise than –

(a) as approved; or

(b) in accordance with –

(i) an environmental approval; or

(ii) an approved management method.

Penalty:  Fine not exceeding 50 penalty units.

10.    Regulation 9 rescinded

Regulation 9 of the Principal Regulations is rescinded.

11.    Regulation 10 amended (Disposal of general waste)

Regulation 10 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (1) and substituting the following subregulation:

(1)  Subject to subregulation (2) , a person must not use land, or cause land to be used, for the disposal of general waste otherwise than –

(a) as approved; or

(b) in accordance with –

(i) an environmental approval; or

(ii) an approved management method.

Penalty:  Fine not exceeding 50 penalty units.

(b) by omitting from subregulation (2)(a) "bitumen" and substituting "bituminised pavement";

(c) by inserting in subregulation (2)(a) "and non-water-soluble" after "non-putrescible";

(d) by omitting from subregulation (2)(a)(i) "other waste" and substituting "wastes other than materials referred to in paragraph (a) ";

(e) by omitting from subregulation (2)(b) "waste." and substituting "waste; or";

(f) by inserting the following paragraph after paragraph (b) in subregulation (2) :

(c) the disposal of sewage as defined in the Plumbing Regulations 2004 to –

(i) a sewerage system as defined in the Plumbing Regulations 2004 ; or

(ii) an approved disposal system as defined in the Plumbing Regulations 2004 ; or

(iii) an on-site waste water management system as defined in the Building Act 2000 .

(g) by inserting in subregulation (3)(a) "from untreated and uncontaminated timber" after "chips";

(h) by omitting paragraph (b) from subregulation (3) and substituting the following paragraph:

(b) untreated and uncontaminated timber;

(i) by omitting paragraph (c) from subregulation (3) ;

(j) by inserting in subregulation (3)(e) "of vegetative origin" after "materials";

(k) by inserting in subregulation (3)(f) "of vegetative origin" after "materials";

(l) by inserting the following subregulation after subregulation (3) :

(4)  For the purpose of this regulation –

disposal does not include the burning or incineration of general wastes.

12.    Regulation 11 rescinded

Regulation 11 of the Principal Regulations is rescinded.

13.    Regulation 12 amended (Environmental approvals)

Regulation 12 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (1) and substituting the following subregulation:

(1)  The Director may issue an environmental approval for the handling, production, receipt, storage, reuse, recycling, reprocessing, salvage, incineration, treatment, disposal or use for energy recovery of specified wastes or classes of waste.

(b) by omitting from subregulation (4)(a)(i) "controlled" twice occurring;

(c) by omitting from subregulation (4)(b) "controlled";

(d) by omitting from subregulation (5)(a) "a controlled";

(e) by omitting from subregulation (5)(b) "extent." and substituting "extent; or";

(f) by inserting the following paragraph after paragraph (b) in subregulation (5) :

(c) the Director considers that environmental harm may occur if the application is approved.

(g) by omitting subregulation (6) and substituting the following subregulations:

(6)  The Director may amend, suspend or cancel an environmental approval if the Director considers that it is –

(a) necessary or desirable to prevent, or to minimise the risk of, environmental harm; or

(b) otherwise appropriate to do so.

(6A)  If the Director refuses an application under subregulation (5) or amends, suspends or cancels an environmental approval under subregulation (6), the Director is to notify in writing the applicant or the holder of the environmental approval of that refusal, amendment, suspension or cancellation.

(h) by omitting subregulation (8) .

14.    Regulations 12A and 12B inserted

After regulation 12 of the Principal Regulations , the following regulations are inserted in Part 4:

12A.   Approved management method

(1)  The Director may approve a management method for the management of a waste.

(2)  An approved management method is to specify the requirements for the management of the waste, including any one or more of the following:

(a) handling;

(b) production;

(c) receipt;

(d) storage;

(e) reuse;

(f) recycling;

(g) reprocessing;

(h) salvage;

(i) incineration;

(j) treatment;

(k) disposal;

(l) use for energy recovery.

(3)  If the Director approves a management method, he or she is to publish notice of that approval in the Gazette.

(4)  An approved management method has effect from the day of publication of the notice under subregulation (3) .

(5)  The Director may, by notice published in the Gazette, revoke or amend an approved management method.

(6)  The revocation or amendment of an approved management method has effect from the day of publication of the notice under subregulation (5) .

12B.   Prohibited activities at facilities

(1)  A facility operator must not receive any of the following waste at a facility:

(a) liquid or semi-liquid waste;

(b) hot ash;

(c) material that is burning or smouldering;

(d) material that is likely to combust spontaneously;

(e) an explosive;

(f) live ammunition.

Penalty:  Fine not exceeding 50 penalty units.

(2)  Subregulation (1) does not apply –

(a) in respect of a facility approved for receiving the relevant waste; or

(b) if the wastes are received in accordance with –

(i) an environmental approval; or

(ii) an approved management method.

(3)  A person must not set fire to, or burn, waste at a facility otherwise than with –

(a) the written approval of the Director; and

(b) any approval that is required under the Fire Service Act 1979 .

Penalty:  Fine not exceeding 50 penalty units.

(4)  A person must not, without the approval of the owner of the facility, the facility operator or the Director –

(a) enter a facility for any purpose otherwise than to deposit waste; or

(b) remain on a facility after depositing waste; or

(c) interfere with, or remove waste from, a facility.

Penalty:  Fine not exceeding 20 penalty units.

15.    Regulation 14 rescinded

Regulation 14 of the Principal Regulations is rescinded.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 1 June 2005

These regulations are administered in the Department of Primary Industries, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) updating and revising certain definitions; and

(b) amending certain provisions in respect of –

(i) controlled waste; and

(ii) the disposal of general waste; and

(iii) environmental approvals; and

(iv) approved management methods; and

(v) prohibited activities at facilities; and

(c) rescinding the provision for the expiry of those regulations on 30 June 2005.