Environmental Management and Pollution Control (Waste Management) Regulations 2000

Environmental Management and Pollution Control (Waste Management) Regulations 2000

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 .

11 December 2000

G. S. M. GREEN

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Primary Industries, Water and Environment

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Environmental Management and Pollution Control (Waste Management) Regulations 2000 .

2.   Commencement

These regulations take effect on 1 January 2001.

3.   Interpretation

In these regulations –

Act means the Environmental Management and Pollution Control Act 1994 ;

approved means approved –

(a) [Regulation 3 Amended by S.R. 2005, No. 45, Applied:01 Jun 2005]

(b) under a permit issued under the Land Use Planning and Approvals Act 1993 for a level 1 or level 2 activity; or

(c) under an environment protection notice issued by –

(i) the Director under section 27 or section 44 of the Act; or

(ii) a council officer under section 44 of the Act; or

(d) [Regulation 3 Amended by S.R. 2005, No. 45, Applied:01 Jun 2005] in accordance with either any national agreement to which Tasmania is a signatory or any national environment protection measure;

[Regulation 3 Amended by S.R. 2005, No. 45, Applied:01 Jun 2005]

[Regulation 3 Amended by S.R. 2005, No. 45, Applied:01 Jun 2005] approved management method means a management method approved under regulation 12A ;

contravene includes fail to comply with;

environmental approval means an environmental approval issued under regulation 12 ;

[Regulation 3 Amended by S.R. 2005, No. 45, Applied:01 Jun 2005] environmentally significant characteristic means a characteristic specified in List 2 of the Interstate Waste Movement NEPM, as amended from time to time;

[Regulation 3 Amended by S.R. 2005, No. 45, Applied:01 Jun 2005] facility means a facility where waste is received for the purpose of transfer, storage, reuse, reprocessing, treatment or disposal of waste, and includes a waste depot within the meaning of Schedule 2 to the Act;

facility operator means a person who is in charge of a facility;

general waste means waste other than controlled waste;

[Regulation 3 Amended by S.R. 2005, No. 45, Applied:01 Jun 2005] 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;

[Regulation 3 Amended by S.R. 2005, No. 45, Applied:01 Jun 2005] 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;

National Management Plan means a plan –

(a) in respect of a material or waste; and

(b) prepared under the National Strategy for the Management of Scheduled Wastes (1993) by the Australian and New Zealand Environment Conservation Council (ANZECC);

[Regulation 3 Amended by S.R. 2005, No. 45, Applied:01 Jun 2005]

receiving waters means waters into which a waste is released or disposed;

[Regulation 3 Amended by S.R. 2005, No. 45, Applied:01 Jun 2005]

[Regulation 3 Amended by S.R. 2005, No. 45, Applied:01 Jun 2005] waste producer means a person who needs a waste to be disposed of, whether that person has produced the waste, is the occupier of premises which have received the waste from someone else, or has responsibility for waste arising from an historic activity;

waste transporter means a person who collects and transports controlled waste.

4.   Application

(1)  [Regulation 4 Subregulation (1) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] The Director may, by notice published in the Gazette, direct that any or all of the provisions of these regulations do not apply according to the terms of the notice in respect of a specified controlled waste or specified controlled wastes –

(a) on a single occasion; or

(b) for a specified time period; or

(c) for an indefinite time period.

(2)  A notice may be subject to such conditions as the Director specifies in the notice.

(3)  [Regulation 4 Subregulation (3) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] These regulations do not apply to anything referred to in clause 8(d), (e), (f), (g) or (h) of the Interstate Waste Movement NEPM.

(4)  It is a defence to a charge of contravening these regulations for a person to prove that the act or omission was carried out or happened –

(a) in the exercise of a power under section 34 of the Act; or

(b) under an instruction or direction issued by the Director.

(5)  These regulations do not derogate from the Dangerous Goods Act 1998 or any regulations made under that Act.

PART 2 - Management of controlled waste

5.   Controlled wastes

For the purposes of the definition of "controlled waste" in section 3 of the Act, a waste is prescribed as a controlled waste if it exhibits an environmentally significant characteristic and is one of the following:

(a) derived or arising from agricultural produce or veterinary chemical products within the meaning of the Agricultural and Veterinary Chemicals (Control of Use) Act 1995 ;

(b) a dangerous good within the meaning of the Dangerous Goods Act 1998 ;

(c) derived or arising from poisons within the meaning of the Poisons Act 1971 ;

(d) a waste within the meaning of the Quarantine Regulations 2000 of the Commonwealth, as amended;

(e) [Regulation 5 Amended by S.R. 2005, No. 45, Applied:01 Jun 2005] a scheduled waste within the meaning of a National Management Plan.

(f) [Regulation 5 Amended by S.R. 2005, No. 45, Applied:01 Jun 2005] .  .  .  .  .  .  .  .  

6.   General responsibilities

(1)  [Regulation 6 Subregulation (1) substituted by S.R. 2005, No. 45, Applied:01 Jun 2005] 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)  [Regulation 6 Subregulation (1A) inserted by S.R. 2005, No. 45, Applied:01 Jun 2005] 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.

(2)  [Regulation 6 Subregulation (2) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] If a controlled waste is subject to the provisions of a National Management Plan or a national environment protection measure, the waste is to be managed in accordance with that Plan or measure.

Penalty:  [Regulation 6 Subregulation (2) amended by S.R. 2001, No. 111, Applied:03 Oct 2001] Fine not exceeding 20 penalty units.

(3)  [Regulation 6 Subregulation (3) substituted by S.R. 2005, No. 45, Applied:01 Jun 2005] 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)  [Regulation 6 Subregulation (4) inserted by S.R. 2005, No. 45, Applied:01 Jun 2005] 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)  [Regulation 6 Subregulation (5) inserted by S.R. 2005, No. 45, Applied:01 Jun 2005] 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.

7.   Production, storage and treatment of controlled waste

(1)  [Regulation 7 Subregulation (1) substituted by S.R. 2005, No. 45, Applied:01 Jun 2005] 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)  [Regulation 7 Subregulation (2) substituted by S.R. 2005, No. 45, Applied:01 Jun 2005] 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.

(3)  [Regulation 7 Subregulation (3) omitted by S.R. 2005, No. 45, Applied:01 Jun 2005] .  .  .  .  .  .  .  .  

(4)  [Regulation 7 Subregulation (4) omitted by S.R. 2005, No. 45, Applied:01 Jun 2005] .  .  .  .  .  .  .  .  

(5)  [Regulation 7 Subregulation (5) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] A person must not contravene a notice under subregulation (2) .

Penalty:  Fine not exceeding 50 penalty units.

8.   Disposal of controlled waste

(1)  A person must not deposit at any place a controlled waste in a manner that –

(a) directly or indirectly causes, or is likely to cause, environmental harm; or

(b) [Regulation 8 Subregulation (1) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] [Regulation 8 Subregulation (1) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] gives rise, or is likely to give rise, to any harmful concentration of any substance in any plant, animal, organism or soil above natural concentrations; or

(c) [Regulation 8 Subregulation (1) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] adversely affects, or is likely to adversely affect, the use or value of receiving waters for recreational, commercial, domestic, agricultural or industrial purposes; or

(d) contains sufficient heat, or is likely to generate sufficient heat by itself or in combination with other matter, to ignite or cause fire; or

(e) gives rise, or is likely to give rise, to undesirable, abnormal or harmful growth of a plant, animal, virus or organism.

Penalty:  Fine not exceeding 50 penalty units.

(2)  [Regulation 8 Subregulation (2) substituted by S.R. 2005, No. 45, Applied:01 Jun 2005] 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.

9.   

[Regulation 9 Rescinded by S.R. 2005, No. 45, Applied:01 Jun 2005] .  .  .  .  .  .  .  .  

PART 3 - Management of General Waste

10.   Disposal of general waste

(1)  [Regulation 10 Subregulation (1) substituted by S.R. 2005, No. 45, Applied:01 Jun 2005] 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.

(2)  Subregulation (1) does not apply to –

(a) [Regulation 10 Subregulation (2) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] [Regulation 10 Subregulation (2) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] the deposit of soil, rock, concrete, bituminised pavement or similar non-putrescible and non-water-soluble material that –

(i) [Regulation 10 Subregulation (2) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] is not contaminated by wastes other than materials referred to in paragraph (a) ; and

(ii) does not contain contaminant levels exceeding limits set by the Director; or

(b) [Regulation 10 Subregulation (2) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] the domestic composting of green and organic waste; or

(c) [Regulation 10 Subregulation (2) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] 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 .

(3)  For the purposes of subregulation (2)(b) , the following are green and organic waste:

(a) [Regulation 10 Subregulation (3) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] wood sawdust, shavings and chips from untreated and uncontaminated timber;

(b) [Regulation 10 Subregulation (3) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] untreated and uncontaminated timber;

(c) [Regulation 10 Subregulation (3) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] .  .  .  .  .  .  .  .  

(d) paper;

(e) [Regulation 10 Subregulation (3) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] agricultural materials of vegetative origin;

(f) [Regulation 10 Subregulation (3) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] silvicultural materials of vegetative origin;

(g) tree debris and stumps;

(h) diseased trees;

(i) grass;

(j) weeds;

(k) any other waste declared by the Director by notice published in the Gazette to be green and organic waste.

(4)  [Regulation 10 Subregulation (4) inserted by S.R. 2005, No. 45, Applied:01 Jun 2005] For the purpose of this regulation –

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

11.   

[Regulation 11 Subregulation (3) amended by S.R. 2001, No. 111, Applied:03 Oct 2001] [Regulation 11 Rescinded by S.R. 2005, No. 45, Applied:01 Jun 2005] .  .  .  .  .  .  .  .  

PART 4 - Miscellaneous

12.   Environmental approvals

(1)  [Regulation 12 Subregulation (1) substituted by S.R. 2005, No. 45, Applied:01 Jun 2005] 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.

(2)  A person may apply in writing to the Director for an environmental approval under this Part.

(3)  An application is to include the following details:

(a) a description of the waste;

(b) the physical state of the waste;

(c) any hazardous characteristics of the waste;

(d) any known contaminants in the waste and their concentration;

(e) any contaminants that may reasonably be suspected to be in the waste;

(f) any containment or packaging of the waste;

(g) the amount of waste;

(h) the origin of the waste, including –

(i) the name and address of the waste producer; and

(ii) the place of production of the waste; and

(iii) the nature of the activity by which the waste is generated;

(i) the period to which the application relates;

(j) any proposed form of storage, disposal, reprocessing, reuse, recycling or energy recovery of the waste, including the rate of waste input;

(k) any waste minimisation or management plans prepared by, or for, the applicant;

(l) any risk management and environmental management measures to be undertaken;

(m) any alternative options for reuse, reprocessing or recycling of the waste;

(n) any monitoring measures, management process or sampling or analysis proposed to prevent, or minimise the risk of, environmental harm;

(o) any other information the Director requires to determine the application.

(4)  An environmental approval may –

(a) specify –

(i) [Regulation 12 Subregulation (4) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] the quantity and class or type of waste or individual consignment of waste that may be dealt with under the approval; and

(ii) any other relevant characteristics of the waste to which the approval relates; and

(b) [Regulation 12 Subregulation (4) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] give directions as to the manner in which the waste is to be managed to prevent or minimise the risk of environmental harm; and

(c) specify the period for which the approval is in effect; and

(d) include any other requirements the Director considers necessary or desirable to prevent or minimise the risk of environmental harm.

(5)  The Director may refuse an application under subregulation (2) if –

(a) [Regulation 12 Subregulation (5) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] the applicant has been convicted of an offence against the Act or these regulations, or any other offence that relates to dealing with waste; or

(b) [Regulation 12 Subregulation (5) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] the Director reasonably believes the application contains, or is accompanied by, information that is false or misleading to a significant extent; or

(c) [Regulation 12 Subregulation (5) amended by S.R. 2005, No. 45, Applied:01 Jun 2005] the Director considers that environmental harm may occur if the application is approved.

(6)  [Regulation 12 Subregulation (6) substituted by S.R. 2005, No. 45, Applied:01 Jun 2005] 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)  [Regulation 12 Subregulation (6A) inserted by S.R. 2005, No. 45, Applied:01 Jun 2005] 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.

(7)  An environmental approval issued under this regulation does not affect a requirement under the Act or any other Act.

(8)  [Regulation 12 Subregulation (8) omitted by S.R. 2005, No. 45, Applied:01 Jun 2005] .  .  .  .  .  .  .  .  

12A.   Approved management method

[Regulation 12A Inserted by S.R. 2005, No. 45, Applied:01 Jun 2005]

(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

[Regulation 12B Inserted by S.R. 2005, No. 45, Applied:01 Jun 2005]

(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.

13.   Rescission of Environment Protection (Waste Disposal) Regulations 1974 and amendments

The Environment Protection (Waste Disposal) Regulations 1974 and subsequent amendments to those regulations are rescinded.

14.   

[Regulation 14 Rescinded by S.R. 2005, No. 45, Applied:01 Jun 2005] .  .  .  .  .  .  .  .  

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

Notified in the Gazette on 20 December 2000

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