Western Australian Current Regulations

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ENVIRONMENTAL PROTECTION (CONTROLLED WASTE) REGULATIONS 2004 - REG 2

2 .         Terms used

                In these regulations, unless the contrary intention appears —

        apparatus for the treatment of sewage means any apparatus for the bacteriolytic or aerobic treatment of sewage or any other apparatus for the treatment of sewage approved by the Chief Health Officer under the Health (Miscellaneous Provisions) Act 1911 ;

        approved means approved in writing by the CEO;

        bulk controlled waste means a controlled waste that is transported in a tank;

        carrier means a person licensed as a carrier under these regulations;

        clinical waste means waste generated by medical, nursing, dental, veterinary, pharmaceutical or other related activity which is —

            (a)         poisonous or infectious; or

            (b)         likely to cause injury to public health; or

            (c)         contains human tissue or body parts;

        controlled waste means any matter that is —

            (a)         within the definition of waste in the NEPM for the Movement of Controlled Waste between States and Territories ; and

            (b)         listed in Schedule 1;

        controlled waste tracking form means an approved form —

            (a)         that has been issued by the Department in paper or electronic form to track the transportation of a type of controlled waste; and

            (b)         that has not ceased to be valid under regulation 36;

        controlled waste tracking number means the unique number recorded on a controlled waste tracking form under regulation 38;

        corresponding law means a law of another State or a Territory relating to the transportation or disposal of a controlled waste;

        interstate licence means a licence, authorisation, permit, notice, registration or approval in force in another State or a Territory under a corresponding law;

        licence means a licence under these regulations;

        packaged controlled waste means a controlled waste that is transported otherwise than as a bulk controlled waste;

        sewage means waste containing faecal matter or urine;

        solid means a substance that —

            (a)         has an angle of repose of greater than 5 degrees; and

            (b)         does not contain, or is not comprised of, any free liquids; and

            (c)         does not contain, or is not comprised of, any liquids that are capable of being released when the waste is transported; and

            (d)         does not become free flowing at or below 60°C or when it is transported; and

            (e)         is capable of being moved by a spade at normal temperatures;

        tank means an enclosed space that is on, attached to or part of a vehicle and used, or designed to be used, for the transportation of a liquid or gas in bulk;

        transit facility means a waste facility that may be used for the temporary storage of a controlled waste;

        vehicle means a self‑propelled vehicle operated on a road, or trailer or semi‑trailer when attached to such a self‑propelled vehicle;

        waste facility means —

            (a)         prescribed premises in respect of which a licence has been issued under Part V of the Act to store, treat, reuse or dispose of a controlled waste; or

            (b)         a facility licensed, registered or otherwise approved to store, treat, reuse or dispose of a controlled waste under a corresponding law; or

            (c)         a facility at which a controlled waste may be lawfully unloaded for transportation to another State or a Territory or overseas; or

            (d)         a dangerous goods site licensed under the Dangerous Goods Safety (Storage and Handling of Non‑explosives) Regulations 2007 Part 4; or

            (e)         a sewer of a licensee under the Water Services Act 2012 ; or

            (f)         premises registered under the Environmental Protection Regulations 1987 regulation 5B to store, treat, reuse or dispose of a controlled waste; or

            (g)         a site approved by the CEO as a waste facility; or

            (h)         a facility at which a controlled waste may be lawfully unloaded, stored, treated, reused or disposed of otherwise than as provided for in another paragraph of this definition;

        waste holder means a person —

            (a)         who is in possession or control of a controlled waste on premises; or

            (b)         whose apparatus or activities produce controlled waste.

        [Regulation 2 amended: Gazette 20 Jun 2008 p. 2684; 14 Nov 2013 p. 5039-40; 1 Aug 2014 p. 2787-90; 10 Jan 2017 p. 194.]



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