Environmental Protection (Regulated Waste) Amendment Regulation 2018

1Short title

This regulation may be cited as the Environmental Protection (Regulated Waste) Amendment Regulation 2018.

2Commencement

This regulation commences on 4 February 2019.

3Regulation amended

This regulation amends the Environmental Protection Regulation 2008.

4Replacement of ch 5, pt 1 (Regulated waste)

Chapter 5, part 1—
omit, insert—

Part 1 Categorisation of commercial and industrial waste

Division 1 Regulated waste, category 1 regulated waste and category 2 regulated waste

64Meaning of regulated waste

(1)Regulated waste is waste that—

(a)is commercial or industrial waste; and

(b)is of a type, or contains a constituent of a type, mentioned in schedule 7, part 1, column 1.

(2)Waste prescribed under subsection (1) includes—

(a)for an element—any chemical compound containing the element; and

(b)anything that contains residues of the waste, including, for example, a container contaminated with the waste.

(3)However, waste is not regulated waste if the waste is of a type mentioned in schedule 7, part 3, division 1.

(4)Also, waste is not regulated waste if current test results for the waste state that—

(a)for each relevant attribute, the waste satisfies the requirement mentioned in—

(i)for solid waste—column 2 of the attribute table opposite the attribute; or

(ii)for liquid waste—column 3 of the attribute table opposite the attribute; and

(b)for each relevant substance, the concentration of the substance in the waste is less than the threshold mentioned in—

(i)for solid waste—column 2 of the substance table opposite the substance; or

(ii)for liquid waste—column 3 of the substance table opposite the substance.

64AMeaning of category 1 regulated waste and category 2 regulated waste

(1)Regulated waste is category 1 regulated waste if—

(a)the waste is either—

(i)liquid waste; or

(ii)solid waste that does not have current test results; and

(b)both of the following apply—

(i)the waste is of a type, or contains a constituent of a type, mentioned in schedule 7, part 1, column 1;

(ii)the category mentioned in schedule 7, part 1, column 2 opposite the type is category 1.

(2)Also, regulated waste is category 1 regulated waste if—

(a)the waste is solid waste; and

(b)current test results for the waste state that—

(i)the pH of the waste is less than 2 or more than 12.5; or

(ii)for a relevant substance, the concentration of the substance in the waste is more than the threshold mentioned in column 2 of the threshold table opposite the substance.

(3)Category 1 regulated waste includes anything that contains residues of the waste, including, for example, a container contaminated with the waste.

(4)Category 2 regulated waste is regulated waste other than category 1 regulated waste.

Division 2 Testing waste

64BPurpose of division

This division states requirements for sampling and testing commercial or industrial waste for working out whether the waste is—

(a)general waste; or

(b)category 1 regulated waste; or

(c)category 2 regulated waste.

64CTaking samples

A sample for the testing of commercial or industrial waste must be—

(a)taken by an appropriately qualified person; and

(b)taken under a protocol.

64DTesting samples

A sample of commercial or industrial waste must be tested—

(a)by an appropriately qualified person; and

(b)under a protocol; and

(c)for each relevant attribute; and

(d)for each relevant substance.

64ERetesting of waste

An authorised person may ask a person who generates waste to retest the waste under this division if the authorised person reasonably suspects—

(a)if the waste is general waste—the waste would, if retested under this division, become regulated waste; or

(b)if the waste is category 2 regulated waste—the waste would, if retested under this division, become category 1 regulated waste.

64FResults of testing

(1)The results (test results) of a test of commercial or industrial waste under section 64D are current for the waste from the date of the report for the test (the report date) until the earliest of the following—

(a)the end of 3 months after the report date;

(b)if an authorised person makes a request under section 64E—the date of the request;

(c)if the waste is retested under this division—the report date for the retest.

(2)Test results for waste generated by an activity continue to be current test results for further waste generated by the same activity until either of the following changes in a material way—

(a)the activity;

(b)the waste generated by the activity.

Examples of when waste generated by an activity changes in a material way—

1Materials of a different type or quality become involved in the generation of the waste.

2New or different processes become involved in the generation of the waste.

(3)In this section—

report, for a test, means a report, written by the person who conducted the test, stating the results of the test.

64GOffence relating to sampling and testing

A person must not wilfully—

(a)tamper with a sample of waste taken under section 64C; or

(b)interfere with the testing of a sample of waste under section 64D; or

(c)otherwise jeopardise the accuracy of test results for waste.

Maximum penalty—100 penalty units.

Division 3 Notification, reporting and record keeping

64HDefinitions for division

In this division—

generator, of tested waste, means the person who generates the waste.

prescribed information, for a load of tested waste transported to a receiver, means information about—

(a)whether the load is general waste or regulated waste; and

(b)if the load is regulated waste—whether the load is category 1 regulated waste or category 2 regulated waste; and

(c)the current test results for the waste.

receiver, of tested waste, means a person to whom the waste is transported.

tested waste means waste that has current test results.

64IGenerator must notify and report changes

(1)This section applies if—

(a)on the retesting of general waste under division 2, the waste becomes regulated waste; or

(b)on the retesting of category 2 regulated waste under division 2, the waste becomes category 1 regulated waste.

(2)The generator of the waste must notify the administering authority of the change within 24 hours after receiving the test results for the retesting.

Maximum penalty—20 penalty units.

(3)Within 10 business days after receiving the test results for the retesting of the waste, the generator of the waste must give the administering authority a written report stating—

(a)the test results for the retesting; and

(b)the results of testing last carried out for the waste under division 2 before the test results mentioned in paragraph (a) were received; and

(c)the results of any further testing of the waste to confirm the test results mentioned in paragraph (a); and

(d)if a load of the waste is being transported at the time of the change—details of the load, including the volume and destination of the load; and

(e)the action, if any, the generator proposes to take as a result of the change.

Maximum penalty—20 penalty units.

(4)A notice or report given by the generator under this section is not admissible in evidence against the generator in a prosecution for an offence against this Act.

(5)Subsection (4) does not prevent other evidence obtained because of the notice or report, or the giving of the notice or report, being admitted in any legal proceeding against the generator.

64JGenerator must keep records

(1)A generator of tested waste in the State must, for each load of the waste transported to a receiver, record the prescribed information for the load in the approved form.

Maximum penalty—20 penalty units.

(2)The generator must, before or when the load is given to a receiver, give the prescribed information for the load to the receiver.

(3)The generator must keep the record mentioned in subsection (1) for at least 5 years.

Maximum penalty—20 penalty units.

65Receiver must keep records

(1)This section applies if a receiver in the State is given a load of tested waste.

(2)The receiver must, before or when the receiver is given the load, make a record of the prescribed information for the load in the approved form.

Maximum penalty—20 penalty units.

(3)Within 24 hours of becoming aware of an omission or inaccuracy in the prescribed information, the receiver must give written notice of the omission or inaccuracy to the administering authority.

Maximum penalty—20 penalty units.

(4)The receiver must keep the record mentioned in subsection (2) for at least 5 years.

Maximum penalty—20 penalty units.

5Replacement of sch 7 (Regulated waste and waste that is not regulated waste)

Schedule 7—
omit, insert—

Schedule 7 Regulated waste and waste that is not regulated waste

sections 64 and 64A and schedule 12, part 2, definitions attribute table, substance table and threshold table

Part 1 Types of regulated waste and default categorisation

	Column 1	Column 2
	Type	Category
1	acidic solutions and acids in solid form	2
2	animal effluent and residues, including abattoir effluent and poultry and fish processing wastes	2
3	antimony and antimony compounds	1
4	arsenic and arsenic compounds	1
5	asbestos	2
6	barium compounds, other than barium sulfate	1
7	basic (alkaline) solutions and bases (alkalis) in solid form	2
8	beryllium and beryllium compounds	1
9	boron compounds	1
10	cadmium and cadmium compounds	1
11	chemical waste arising from a research and development or teaching activity, including new or unidentified material and material whose effects on human health or the environment are not known	1
12	chlorates	1
13	chromium compounds (hexavalent and trivalent)	1
14	clinical and related waste	1
15	copper compounds	1
16	cyanides (inorganic)	1
17	cyanides (organic)	1
18	encapsulated, chemically-fixed, solidified or polymerised wastes	2
19	ethers	1
20	filter cake, other than filter cake waste generated from the treatment of raw water for the supply of drinking water	1
21	fire debris and fire washwaters	1
22	fluorinated organic compounds (total)	1
23	fly ash	1
24	food processing waste (other than liquid food processing waste)	2
25	grease trap waste	2
26	halogenated organic solvents	1
27	highly odorous organic chemicals, including mercaptans and acrylates	1
28	inorganic fluorine compounds, other than calcium fluoride	1
29	inorganic sulfides	2
30	isocyanate compounds	1
31	lead and lead compounds	1
32	lead acid batteries (intact)	2
33	liquid food processing waste	2
34	material containing polychlorinated biphenyls (PCBs), polychlorinated napthalenes (PCNs), polychlorinated terphenyls (PCTs) or polybrominated biphenyls (PBBs)	1
35	mercury and mercury compounds	1
36	metal carbonyls	1
37	mineral oils	2
38	nickel compounds	1
39	non-toxic salts, including, for example, saline effluent	2
40	oil and water mixtures or emulsions, or hydrocarbons and water mixtures or emulsions	2
41	organic phosphorous compounds	1
42	organic solvents, other than halogenated solvents, including, for example, ethanol	1
43	organohalogen compounds, other than another substance stated in this schedule	1
44	oxidising agents	1
45	per- and poly-fluoroalkyl substances	1
46	perchlorates	1
47	pesticides, including organochlorine	1
48	pharmaceuticals, drugs and medicines	1
49	phenols and phenol compounds, including chlorophenols	1
50	phosphorus compounds, other than mineral phosphates	2
51	polychlorinated dibenzo-furan (any congener)	1
52	polychlorinated dibenzo-p-dioxin (any congener)	1
53	quarantine waste	1
54	residues from industrial waste treatment or disposal operations	1
55	selenium and selenium compounds	1
56	sewage sludge and residues, including nightsoil and septic tank sludge	2
57	surface active agents (surfactants) containing principally organic constituents, whether or not also containing metals and other inorganic materials	2
58	tannery wastes, including leather dust, ash, sludges and flours	1
59	tarry residues arising from refining, distillation or any pyrolytic treatment	1
60	tellurium and tellurium compounds	2
61	thallium and thallium compounds	2
62	triethylamine catalysts for setting foundry sands	2
63	tyres	2
64	vanadium compounds	1
65	vegetable oils	2
66	waste containing peroxides other than hydrogen peroxide	2
67	waste from a heat treatment or tempering operation that uses cyanides	1
68	waste from surface treatment of metals or plastics	2
69	waste from the manufacture, formulation or use of biocides or phytopharmaceuticals	1
70	waste from the manufacture, formulation or use of inks, dyes, pigments, paints, lacquers or varnish	2
71	waste from the manufacture, formulation or use of organic solvents	1
72	waste from the manufacture, formulation or use of photographic chemicals or processing materials	2
73	waste from the manufacture, formulation or use of resins, latex, plasticisers, glues or other adhesives	1
74	waste from the manufacture, formulation or use of wood-preserving chemicals	1
75	waste from the manufacture or preparation of pharmaceutical products	1
76	waste of an explosive nature, other than an explosive within the meaning of the Explosives Act 1999	1
77	wool scouring wastes	2
78	zinc compounds	1

Part 2 Categorisation thresholds for solid tested waste

	Column 1	Column 2
	Substance	Threshold (mg/kg)
1	aldrin and dieldrin (total)	40
2	antimony	36
3	arsenic	1,200
4	barium	18,000
5	benzene	20
6	benzo(a)pyrene	12
7	beryllium	360
8	boron	80,000
9	cadmium	360
10	carbon tetrachloride	8
11	chlorobenzene	336
12	chloroform	4
13	chromium (hexavalent)	1,200
14	copper	880
15	cresol (total)	16,000
16	cyanide	960
17	dichlorobenzene (1,2-dichlorobenzene)	2,160
18	dichlorobenzene (1,4-dichlorobenzene)	32
19	dichloroethane (1,2-dichloroethane)	6
20	dichloroethylene (1,1-dichloroethylene)	276
21	dichloromethane (methylene chloride)	420
22	dichlorophenoxyacetic acid (2,4-dichlorophenoxyacetic acid)	840
23	dieldrin and aldrin (total)	40
24	dinitrotoluene (2,4-dinitrotoluene)	20
25	ethylbenzene	68
26	fluoride	3,720
27	lead	1,200
28	mercury	320
29	methyl ethyl ketone	32,400
30	molybdenum	468
31	nickel	4,800
32	nitrobenzene	60
33	organochlorine pesticides (total)	200
34	organophosphate pesticides (total)	1,000
35	per- and poly-fluoroalkyl substances (PFAS)	0
36	persistent organic pollutant (other)	200
37	petroleum hydrocarbons (C6 to C9)	3,800
38	petroleum hydrocarbons (C10 to C36)	21,200
39	phenols (total)	160,000
40	polychlorinated biphenyls (PCBs)	50
41	polycyclic aromatic hydrocarbons (total)	1,200
42	selenium	2,800
43	styrene (vinyl benzene)	7,200
44	silver	468
45	tetrachloroethane (1,1,1,2-tetrachloroethane)	24
46	tetrachloroethane (1,1,2,2-tetrachloroethane)	24
47	tetrachloroethylene	96
48	trichloroethane (1,1,1-trichloroethane)	9,720
49	trichloroethane (1,1,2-trichloroethane)	1.8
50	trichloroethylene	5
51	trichlorophenol (2,4,5-trichlorophenol)	7,560
52	trichlorophenol (2,4,6-trichlorophenol)	76
53	toluene	5,880
54	vanadium	468
55	vinyl chloride	0.72
56	xylenes (total)	696
57	zinc	1,600

Part 3 Waste that is not regulated waste

Division 1 Types of waste

1intact or partly disassembled televisions

2intact or partly disassembled electronic equipment designed to be used with a television

Examples—

video players, DVD players, games units, set-top boxes

3intact or partly disassembled computers

Examples—

desktop computers, notebook computers, laptop computers, tablets

4intact or partly disassembled equipment designed to be used with computers

Examples—

keyboards, mouses, hard drives, scanners, printers, multi-function devices, speakers, web cameras

5intact or partly disassembled internal computer components

Examples—

network or graphics cards, motherboards, optical drives

6intact or partly disassembled automotive equipment

Examples—

vehicles, engines, transmissions, differentials

7mobile phones

8mobile phone accessories

Example—

mobile phone chargers

9batteries typically used in small electronic devices or handheld devices

Examples of handheld devices—

mobile phones, digital cameras, keyboards, toys and torches

10whitegoods

11treated timber, other than sawdust or shavings

12groundwater or treated groundwater necessarily or unavoidably brought to the surface of the earth as part of an industrial process, if the groundwater—

(a)has a pH of at least 6 but not more than 10.5; and

(b)has an electrical conductivity of less than 15,000µS/cm

13waste architectural and decorative paints collected, stored and transported in accordance with a product stewardship, unless the paint—

•is a bagged render

•is texture coating

•contains isocyanates

•is paint stripper

•is an industrial paint

•is anti-fouling paint

14containers of waste architectural and decorative paints mentioned in item 13 that are collected, stored and transported in accordance with a product stewardship, unless the paint is in a spray pack

15tallow

16treated clinical waste

17related waste that has been treated to render it non-infectious

Division 2 Non-regulated thresholds for tested waste

Table 1—Attribute table
	Column 1	Column 2	Column 3
	Attribute	Solid waste requirement	Liquid waste requirement
1	pH	from pH 6.5 to pH 9	from pH 6.5 to pH 10.5
2	conductivity (electrical)	-	less than 1,200µS
3	biological oxygen demand	-	less than 15mg/L
4	flashpoint, for waste that is less than 24% alcohol (v/v)	-	less than 60°C
5	peroxides (other than hydrogen peroxide) more than 0.01% (v/v)	-	not present
6	asbestos more than 0.01% (w/w)	not present	not present

Table 2—Substance table
	Column 1	Column 2	Column 3
	Substance	Solid waste threshold (mg/kg)	Liquid waste threshold (μg/L)
1	aldrin and dieldrin (total)	10	6
2	antimony	9	60
3	arsenic	300	200
4	barium	4,500	40,000
5	benzene	5	20
6	benzo(a)pyrene	3	0.2
7	beryllium	90	1,200
8	boron	20,000	3,700
9	cadmium	90	2
10	carbon tetrachloride	2	60
11	chlorobenzene	84	6,000
12	chloroform	1	4
13	chromium (hexavalent)	300	10
14	copper	220	14
15	cresol (total)	4,000	3,000
16	cyanide	240	70
17	dichlorobenzene (1,2-dichlorobenzene)	540	30,000
18	dichlorobenzene (1,4-dichlorobenzene)	8	800
19	dichloroethane (1,2-dichloroethane)	1	60
20	dichloroethylene (1,1-dichloroethylene)	69	500
21	dichloromethane (methylene chloride)	105	220
22	dichlorophenoxyacetic acid (2,4-dichlorophenoxyacetic acid)	210	600
23	dieldrin and aldrin (total)	10	6
24	dinitrotoluene (2,4-dinitrotoluene)	5	5
25	ethylbenzene	17	6,000
26	fluoride	930	30,000
27	lead	300	34
28	mercury	80	6
29	methyl ethyl ketone	8,100	11,200
30	molybdenum	117	1,000
31	nickel	1,200	110
32	nitrobenzene	15	3
33	organochlorine pesticides (total)	50	0.00011
34	organophosphate pesticides (total)	250	0.035
35	per- and poly-fluoroalkyl substances (PFAS)	0	0
36	persistent organic pollutant (other)	50	0
37	petroleum hydrocarbons (C6 to C9)	950	-
38	petroleum hydrocarbons (C10 to C36)	5,300	-
39	petroleum hydrocarbons (total)	-	6,000
40	phenols (total)	40,000	11,600
41	polychlorinated biphenyls (PCBs)	2	0.00074
42	polycyclic aromatic hydrocarbons (total)	300	0.2
43	selenium	700	110
44	styrene (vinyl benzene)	1,800	600
45	silver	117	1
46	tetrachloroethane (1,1,1,2-tetrachloroethane)	6	11
47	tetrachloroethane (1,1,2,2-tetrachloroethane)	6	2
48	tetrachloroethylene	24	82
49	trichloroethane (1,1,1-trichloroethane)	2,430	16,000
50	trichloroethane (1,1,2-trichloroethane)	0.45	0.82
51	trichloroethylene	1	6
52	trichlorophenol (2,4,5-trichlorophenol)	1,890	2,400
53	trichlorophenol (2,4,6-trichlorophenol)	19	200
54	toluene	1,470	16,000
55	vanadium	117	172
56	vinyl chloride	0.18	6
57	xylenes (total)	174	12,000
58	zinc	400	30

6Amendment of sch 12 (Dictionary)

(1)Schedule 12, part 1—
insert—

3AMeaning of organochlorine pesticide

Each of the following is an organochlorine pesticide—

•aldrin

•chlordane

•dichlorodiphenyldichloroethane

•dichlorodiphenyldichloroethylene

•dichlorodiphenyltrichloroethane

•dieldrin

•endrin

•endrin aldehyde

•heptachlor

•heptachlor epoxide

•hexachlorobenzene

•α-hexachlorocyclohexane

•β-hexachlorocyclohexane

•δ-hexachlorocyclohexane

•γ-hexachlorocyclohexane (lindane)

•methoxychlor

•endosulfan I

•endosulfan II

•endosulfan sulphate.

3BMeaning of organophosphate pesticide

Each of the following is an organophosphate pesticide—

•acephate

•azamethiphos

•azinphos-methy

•cadusafos

•carbofuran

•chlorfenvinphos

•chlorpyrifos

•chlorpyrifos-methyl

•coumaphos

•cythioate

•diazinon

•dichlorvos

•dimethoate

•disulfoton

•ethion

•fenamiphos

•fenitrothion

•fenthion

•maldison (malathion)

•methamidophos

•methidathion

•mevinphos

•naled

•naphthalophos

•omethoate

•oxydemeton-methyl

•parathion

•parathion-methyl

•phorate

•phosmet

•pirimiphos-methyl

•profenofos

•propetamphos

•prothiofos

•temephos

•terbufos

•tetrachlorvinphos

•thiometon

•trichlorfon.

3CMeaning of persistent organic pollutant (other)

Each of the following is a persistent organic pollutant (other)—

•chlordecone

•dioxins

•furans

•heptabromodiphenyl ether

•hexabromobiphenyl

•hexabromodiphenyl ether

•mirex

•pentabromodiphenyl ether

•pentachlorobenzene

•perfluorooctane sulfonic acid and its salts

•perfluorooctane sulfonyl fluoride (PFOS)

•tetrabromodiphenyl ether

•toxaphene.

3DMeaning of polycyclic aromatic hydrocarbon

Each of the following is a polycyclic aromatic hydrocarbon—

•acenaphthene

•acenaphthylene

•anthracene

•benzo(a)anthracene

•benzo(a)pyrene

•benzo(b)fluoranthene

•benzo(ghi)perylene

•benzo(k)fluoranthene

•chrysene

•dibenzo(ah)anthracene

•fluorene

•fluoranthene

•indeno(1,2,3-cd)pyrene

•naphthalene

•phenanthrene

•pyrene.

(2)Schedule 12, part 2, definitions general waste, both mentions, generator, prescribed information and receiver—
omit.

(3)Schedule 12, part 2—
insert—

attribute table means schedule 7, part 3, division 2, table 1.

category 1 regulated waste see section 64A(1) to (3).

category 2 regulated waste see section 64A(4).

cresol means pure cresol and its chemical derivatives, including, for example, the following—

•2-methylphenol (o-cresol)

•3-methylphenol (m-cresol)

•4-methylphenol (p-cresol).

current test results, for waste, means test results—

(a)for the tests mentioned in section 64D for the waste; and

(b)that are current for the waste under section 64F.

general waste means—

(a)for chapter 5A, part 2—any of the following—

(i)commercial waste other than regulated waste;

(ii)domestic waste;

(iii)recyclable waste; or

(b)otherwise—waste other than regulated waste.

generator—

(a)for chapter 5, part 1, division 3, see section 64H; or

(b)for chapter 5, part 9, see section 81D(1)(a).

liquid waste means waste that—

(a)has an angle of repose of less than 5 degrees above horizontal; or

(b)becomes free-flowing—

(i)at or below 60 degrees Celsius; or

(ii)when it is transported; or

(c)is generally not capable of being picked up by a spade or shovel.

phenol means pure phenol and its chemical derivatives, including, for example, the following—

•2-cyclohexyl-4,6-dinitrophenol

•2,4-dimethylphenol

•2.4-dinitrophenol

•2-methyl-4,6-dinitrophenol

•2-nitrophenol

•4-nitrophenol.

prescribed information—

(a)for chapter 5, part 1, division 3, see section 64H; or

(b)for chapter 5, part 9, see section 81E.

receiver—

(a)for chapter 5, part 1, division 3, see section 64H; or

(b)for chapter 5, part 9, see section 81D(1)(c).

relevant attribute, in relation to waste, means—

(a)if the waste is liquid waste—any of the attributes mentioned in column 1, items 1 to 6 of the attribute table; or

(b)if the waste is solid waste—an attribute mentioned in column 1, item 1 or 6 of the attribute table.

relevant substance, in relation to waste, means a substance mentioned in the substance table, column 1 or the threshold table, column 1 that could reasonably be expected to be present in the waste having regard to—

(a)the source, type and quality of materials involved in the generation of the waste; and

(b)the way in which the waste was generated.

solid waste means waste other than liquid waste.

substance table means schedule 7, part 3, division 2, table 2.

tested waste, for chapter 5, part 1, division 3, see section 64H.

test results see section 64F(1).

threshold table means schedule 7, part 2.

(4)Schedule 12, part 2, definition limited regulated waste, paragraphs (f) and (g)—
omit, insert—

(f)tyres.

(5)Schedule 12, part 2, definition regulated waste, ‘section 65’—
omit, insert—

section 64