New South Wales Consolidated Regulations

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     (Repealed)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)