Victorian Numbered Regulations Victorian Numbered Regulations(1) For the purposes of regulation 63(a), a person in management or control of industrial waste and a person in management or control of a place or premises at which that industrial waste is to be received may make a declaration of use in relation to that place or premises for, or in relation to, any of the following purposes—
(a) the immediate use of—
(i) the waste for resource recovery, other than for application of the waste to land; or
(ii) the waste (other than soil) for use as a substitute for an input or raw material in a commercial, industrial, trade or laboratory activity, other than for application of the waste to land;
(b) the application of the following waste to land—
(i) commercial garden and landscaping organics that does not contain any physical or chemical contamination in column 3 of item 58 of the Table in Schedule 5;
(ii) untreated timber, including sawdust, in column 3 of item 60 of the Table in Schedule 5;
(iii) natural organic fibrous waste.
(2) For the purposes of regulation 63(a), a person in management or control of a place or premises at which industrial waste is to be received may make a declaration of use in relation to that place or premises in accordance with the specifications acceptable to the Authority set out in a determination made under regulation 5.
(3) A declaration of use must not be made—
(a) in relation to the receipt of reportable priority waste (transport) at the place or premises; or
(b) if receipt of the waste at the place or premises is a permission activity.
(4) A declaration of use must—
(a) be in the form and manner approved by the Authority; and
(b) in relation to a declaration of use made under subregulation (1) include—
(i) a declaration by the person in management or control of the industrial waste of—
(A) the type of waste; and
(B) any risks of harm to human health or the environment that exist in relation to using the waste and how to minimise those risks, so far as reasonably practicable; and
(ii) a declaration by the person in management or control of the place or premises at which the industrial waste is to be received that the place or premises at which the waste is to be received is suitable to use the waste;
(c) in relation to a declaration of use made under subregulation (2) include a declaration by the person in management or control of the place or premises at which the industrial waste is to be received that—
(i) the waste will only be used in accordance with the specifications acceptable to the Authority; and
(ii) the place or premises at which the waste is to be received is suitable to use the waste in accordance with the specifications acceptable to the Authority.
(5) A declaration of use may have effect—
(a) for a specific consignment of industrial waste; or
(b) for a period of time specified in the declaration of use up to a maximum of 12 months.
(6) A person who makes a declaration of use must retain a copy of the declaration of use for 2 years from the date on which the declaration was made.
Penalty: 20 penalty units for a natural person;
100 penalty units for a body corporate.
Note
An infringement notice may be served for an offence against this regulation—see regulation 169 and Schedule 10.
(7) If a person who made a declaration under subregulation (4)(b) becomes aware of any change of circumstances that materially affects a declaration of use so as to render it inaccurate, the person must, as soon as practicable after the person becomes aware of the change of circumstances, notify the person who made the corresponding declaration under subregulation (4)(b)(i) or (4)(b)(ii).
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(8) A declaration of use has no effect in relation to a person who is aware of any change of circumstances that materially affects the declaration so as to render it inaccurate or has been notified under subregulation (7), from the time the person is aware or has been notified of the change in circumstances.
(9) The Authority may cancel a declaration of use or impose conditions on a declaration of use by providing written notice to each person who made the declaration.
(10) A declaration of use has no effect from the time the Authority provides written notice of the cancellation in accordance with subregulation (9).
Division 2—Priority waste