New South Wales Consolidated Regulations
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PROTECTION OF THE ENVIRONMENT OPERATIONS (WASTE) REGULATION 2014
- Made under the Protection of the Environment Operations Act 1997
- As at 3 April 2024
- Reg 666 of 2014
TABLE OF PROVISIONS
PART 1 - PRELIMINARY
1. Name of Regulation
2. Commencement
3. Interpretation
4. Meaning of "trackable liquid waste"
5. Liquid waste--conversion of volume to weight
6. Definition of "waste"--prescribed circumstances and substances
PART 2 - CONTRIBUTIONS BY OCCUPIERS OF SCHEDULED WASTE FACILITIES
Note
Division 1 - Interpretation
7. Definitions
8. Tonnes to be rounded in calculations
Division 2 - How and when contributions are to be paid
9. How contributions are to be paid
10. When contributions are to be paid for trackable liquid waste
10A. When contributions are to be paid by disposal facilities (except for trackable liquid waste)
10B. When contributions are to be paid by waste facilities that are not disposal facilities (except for trackable liquid waste)
Division 3 - Calculation of contributions--general
11. Determination of rate
12. Calculation of contributions
13. Presumptions and estimates if inadequate records kept
Division 4 - Deductions from contributions
14. Operational purpose deduction
15. Approval of operational purpose
16. Transported waste deduction other than for trackable liquid waste
17. Transported trackable liquid waste deduction
18. Provisions applicable in relation to all deductions
Division 5 - Exemptions from requirement to pay contribution
19. (Repealed)
20. Exemption of certain other occupiers from requirement to pay contributions
21. Certain types of waste exempted from calculation of contributions
21A. Mixed waste organic outputs exempted from calculation of contributions
Division 6 - Reports and surveys
22. Waste contribution monthly reports
23. Periodic volumetric surveys of scheduled waste facilities
24. EPA may require topographical survey of scheduled waste facility
24A. Surveys to be carried out in accordance with Waste Levy Guidelines
Division 7 - Other
25. Interest on unpaid contributions
25A. EPA may estimate amount of waste
25B. Rebate of contribution
PART 3 - RECORDS, MEASUREMENT OF WASTE AND MONITORING AT SCHEDULED WASTE FACILITIES
Division 1 - Record keeping
None
26. "Waste types" and "waste streams"
27. Waste and other material received at facility
28. Waste and other materials transported from facility for use, recovery, recycling, processing or disposal
29. Other records relating to vehicles
30. Waste used for operational purpose at facility if occupier required to pay contribution
31. Waste and other material stockpiled at facility if occupier required to pay contribution
32. Records on measuring of waste by method other than weighbridge
33. Keeping, retention and availability of records
34. Provision of records relating to trackable liquid waste
35. Exemptions
Division 2 - Measurement of waste
36. Weighbridges at facilities whose occupiers are required to pay waste contributions
37. Measuring and recording of waste at facilities whose occupiers are not required to pay waste contributions
38. Exemptions
Division 3 - Monitoring
39. EPA may require video monitoring system
PART 4 - TRACKING OF CERTAIN WASTE TRANSPORTED WITHIN, OUT OF AND INTO NSW
Division 1 - Preliminary
40. Definitions
41. Transportation of waste to which this Part does and does not apply
42. Exemptions from provisions of this Part
Division 2 - Obligations on consignor of waste
43. Obligations on consignor of waste relating to transportation of waste
44. Copy of waste transport certificate to be given to occupier of waste facility
Division 3 - Obligations on transporter of waste
45. Obligations on transporter of waste
Division 4 - Obligations on receiver of waste
46. Obligations on receiver of waste relating to waste
47. Other consequences if receiver accepts or rejects waste
Division 5 - Authorisation of agents as consignors
48. Appointment of authorised agent
49. Approval of transporters or receivers as authorised agents
Division 6 - Consignment authorisations
50. Issue of consignment authorisations
51. Approval of receivers of waste to issue consignment authorisations
52. Expired or revoked consignment authorisation
Division 7 - Record keeping and receivers' returns
53. Record keeping requirements relating to occupiers of waste facilities
54. Record keeping requirements relating to consignors of waste
55. Record keeping requirements relating to transporters of waste
56. Record keeping requirements relating to receivers of waste
57. Returns by receivers of waste
58. Records to be made available for inspection and copying by authorised officer
59. Approved record keeping systems
Division 8 - Miscellaneous
60. Exemption relating to authorised interstate transporters of waste
61. Defences
62. Offence relating to false information about waste
63. Approved forms
PART 5 - REPORTING ON WASTE FROM METROPOLITAN LEVY AREA TRANSPORTED OUT OF NSW
64. Definitions
65. Transportation of waste to which this Part does and does not apply
66. Exemptions from provisions of this Part
67. Consignor to arrange transportation only to lawful interstate waste facility
68. Information to be provided to EPA
PART 6 - OTHER PROVISIONS RELATING TO TRANSPORTATION OF WASTE
69. Interpretation--waste transported by councils
70. Avoiding escape of waste during transportation
71. Application of proximity principle to transportation in course of business
72. Other requirements applying to transportation in course of business
73. Requirement applying to vehicles transporting waste to which Part 4 applies
74. Condition of licence for transportation of liquid category 1 and category 2 trackable waste
75. Exemptions for certain licensees from transportation requirements relating to liquid waste
76. Reporting on transportation of waste tyres solely within New South Wales
PART 7 - TRANSPORTATION AND MANAGEMENT OF ASBESTOS WASTE
Note
77. Definitions
78. General requirements applying to transportation of asbestos waste
79. Reporting on transportation of asbestos waste solely within New South Wales
80. Disposal of asbestos waste
81. (Repealed)
PART 8 - RECYCLING OF CONSUMER PACKAGING
None
82. Definitions
83. Brand owners of products
84. Application of this Part
85. Packaging for which brand owners and retailers responsible
86. EPA is to set targets for recovery of materials and review of packaging design
87. Requirements to recover, re-use and recycle materials and review packaging design in accordance with targets
88. Requirement to prepare waste action plan
89. Record keeping
90. EPA may approve alternative to Sustainable Packaging Guidelines
PART 8A - CONSTRUCTION AND DEMOLITION WASTE FACILITIES
90A. Definitions
90B. Construction and demolition waste facility
90C. Compliance with standards
90D. Exemptions
PART 9 - EXEMPTIONS FROM PROVISIONS OF ACT AND REGULATION
91. General provisions relating to exemptions
92. Exemptions relating to resource recovery
93. Supply of waste to which resource recovery exemptions apply
94. Record keeping
95. Requirement to provide test results under resource recovery exemption or order
96. (Repealed)
PART 10 - CLASSIFICATION OF WASTE CONTAINING IMMOBILISED CONTAMINANTS
97. Definitions
98. General effect of immobilised contaminants approval
99. Approval may be granted on application or on EPA's initiative
100. Content of immobilised contaminants approval
101. How and when approval takes effect
102. Variation or revocation of approval
103. Duration of approval
104. Compliance with immobilised contaminants approval
105. Record keeping
106. Provision of certificates to occupiers of waste facilities
107. Disposing of, storing or using designated waste
108. Other requirements applying to receivers of designated waste
PART 11 - MISCELLANEOUS
109. Reporting requirements for non-paying waste facilities and landfill sites outside MLA and RLA
110. EPA to be notified of newly established landfill sites where licence not required
110A. Offence to exhume waste from landfill site
111. Defence to offence of polluting land at unlicensed landfill site
112. Requirement relating to storage of waste generally
113. Special requirements relating to clinical and related waste
114. Residue waste not to be applied to land used for growing vegetation
114A. Exemption of certain occupiers from licensing requirement for disposal of mixed waste organic outputs
115. Repeal and savings
SCHEDULE 1
SCHEDULE 1A
Schedule 3 (Repealed)
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