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PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SCHEDULE 1

SCHEDULE 1 – Scheduled activities

(Section 5)

Note : Parts 1 and 2 of this Schedule list the activities that are scheduled activities for the purposes of this Act (see sections 48 and 49). Part 3 defines various words and expressions that are used in Parts 1 and 2.

Part 1 - Premises-based activities

1 Application of Part

(1) For the purposes of section 48, any activity that is declared by this Part to be a scheduled activity is taken to be an activity for which a licence is required for the premises at which it is carried out (the activity is
"premises-based" ).
Note : Section 48 (2) provides that the occupier of premises at which such an activity is carried out is guilty of an offence unless he or she holds a licence that authorises the activity to be carried out at those premises.
(2) However, such an activity is not premises-based if it is carried out by means of mobile plant.
Note : But see clause 47 by operation of which activities carried out by means of mobile plant are declared for the purposes of section 49.

2 Agricultural processing

(1) This clause applies to the following activities:

"dairy processing" , meaning the processing of dairy produce as part of the production of milk, evaporated or condensed milk, buttermilk, cream, cheese, butter, ice-cream or similar products.

"general agricultural processing" , meaning the processing of agricultural produce (otherwise than as part of the manufacture of beer, wine, spirits, vinegar, acetic acid or similar products), but excluding:
(a) dairy processing and grape processing, and
(b) the processing of agricultural produce by means of mobile processing operations.

"grape processing" , meaning the processing of grapes (otherwise than by distilling) as part of the manufacture of wine, spirits, vinegar, acetic acid or similar products.
(2) Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.
(3) In this clause:

"agricultural produce" includes seeds, fruit, vegetables and other plant material, but excludes dairy produce and grapes.

"process" includes crush, juice, grind, gin, mill, separate, wash, sort, coat, roll, press, steam, flake, comb, homogenise and pasteurise.

Table

Column 1 Column 2
Activity Criteria
dairy processing capacity to process more than 30 megalitres of dairy produce per year
general agricultural processing capacity to process more than 30,000 tonnes of agricultural produce per year
grape processing capacity to process more than 30,000 tonnes of grapes per year

3 Aquaculture and mariculture

(1) This clause applies to
"aquaculture" and
"mariculture" , each meaning the commercial production of marine, estuarine or freshwater organisms, including aquatic animals and plants but excluding oysters, being an activity that involves:
(a) supplemental feeding in tanks or artificial waterbodies, and
(b) the discharge of effluent, liquid sludge or other waste water into natural waterbodies, including discharge by means of a pipe, drain, drainage depression, canal or other form of conveyance.
(2) Each activity to which this clause applies is declared to be a scheduled activity.
(3) In this clause,
"natural waterbody" includes any river, stream, lake, lagoon, swamp, wetland or watercourse (including any natural watercourse that has been artificially modified) or tidal waters (including the sea).

5 Brewing and distilling

(1) This clause applies to the activities of
"brewing" and
"distilling" , each meaning the production of alcohol or alcoholic products (otherwise than for the manufacture of wine, vinegar, acetic acid or similar products).
(2) Each activity to which this clause applies is declared to be a scheduled activity if it has a capacity to produce more than 30 tonnes of alcohol or alcoholic products per day or 10,000 tonnes of alcohol or alcoholic products per year.

6 Cement or lime works

(1) This clause applies to the following activities:

"cement or lime handling" , meaning the handling of cement, fly ash, powdered lime (other than agricultural lime) or any other similar dry cement products.

"cement or lime production" , meaning the production of cement or lime:
(a) by heating argillaceous or calcareous materials to produce cement clinkers, grinding clinkers or slags, or
(b) by hydrating quicklime.
(2) Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1 Column 2
Activity Criteria
cement or lime handling capacity to handle more than 150 tonnes of cement or lime per day or 30,000 tonnes of cement or lime per year
cement or lime production capacity to produce more than 150 tonnes of cement or lime per day or 30,000 tonnes of cement or lime per year

7 Ceramic works

(1) This clause applies to the following activities:

"ceramic waste generation" , meaning ceramics production or glass production that involves having on site any prescribed waste (that is, hazardous waste, restricted solid waste or liquid waste, or any combination of them).

"ceramics production" , meaning the production of ceramics (other than glass), including products such as bricks, tiles, pipes, pottery goods or refractories manufactured through a firing process.

"glass production" , meaning the production of glass by melting.
(2) Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1 Column 2
Activity Criteria
ceramic waste generation involves having on site at any time more than 5 tonnes of prescribed waste, not including excluded material (where 1,000 litres of liquid is taken to weigh 1 tonne)
ceramics production capacity to produce more than 150 tonnes of ceramics per day or 15,000 tonnes of ceramics per year
glass production capacity to produce more than 150 tonnes of glass per day or 15,000 tonnes of glass per year

8 Chemical production

(1) This clause applies to the following activities:

"agricultural fertiliser (inorganic) production" , meaning the commercial production of, or research into, inorganic (other than phosphate) plant fertilisers.

"agricultural fertiliser (phosphate) production" , meaning the commercial production of, or research into, phosphate plant fertilisers.

"ammonium nitrate production" , meaning the commercial production of, or research into, ammonium nitrate for any purpose, including fertilisers or explosives.

"battery production" , meaning the commercial production of, or research into, batteries containing acid or alkali and metal plates.

"carbon black production" , meaning the commercial production of, or research into, carbon black.

"chemical production waste generation" , meaning the commercial production of, or research into, any chemical substance that involves having on site any prescribed waste (that is, hazardous waste, restricted solid waste or liquid waste, or any combination of them).

"dangerous goods production" , meaning the commercial production, blending, recovering or using of, or research into, dangerous goods (other than toxic substances, explosives or radioactive substances).

"explosives production" , meaning the commercial production of, or research into, explosives for industrial, extractive and mining purposes or for the production of ammunition, fireworks or fuel propellants, but not including:
(a) ammonium nitrate production, or
(b) the production of explosives for mining purposes, when carried out at a mine.

"paints/polishes/adhesives production" , meaning the commercial production of, or research into, paints, paint solvents, pigments, dyes, printing inks, industrial polishes, adhesives or sealants.

"pesticides and related products production" , meaning the commercial production (otherwise than by simple blending) of, or research into, pesticides, fungicides, herbicides, rodenticides, nematocides, miticides, fumigants or related products.

"pesticides and related products (toxic substances) production" , meaning the commercial production (otherwise than by simple blending) of, or research into, pesticides, fungicides, herbicides, rodenticides, nematocides, miticides, fumigants or related products that are toxic substances.

"petrochemical production" , meaning the commercial production of, or research into, petrochemicals and petrochemical products.

"pharmaceutical and veterinary products production" , meaning the commercial production of, or research into, pharmaceutical or veterinary products that are toxic substances.

"plastic resins production" , meaning the commercial production of, or research into, synthetic plastic resins.

"plastics reprocessing" , meaning the reprocessing of plastics otherwise than by simple melting and reforming.

"rubber products/tyres production" , meaning the commercial production of, or research into, rubber products or rubber tyres (including tyre retreading).

"soap and detergents production" , meaning the commercial production (otherwise than by simple blending) of, or research into, soaps or detergents (including any domestic, institutional or industrial soaps or detergent activity).

"soap and detergents (toxic substances) production" , meaning the commercial production of, or research into, soaps or detergents that contain toxic substances (including any domestic, institutional or industrial soaps or detergent activity).

"synthetic rubber production" , meaning the commercial production of, or research into, synthetic rubber.

"toxic substance production" , meaning the commercial production, blending, recovering or using of, or research into, toxic substances, but not including:
(a) pesticides and related products (toxic substances) production, or
(b) pharmaceutical and veterinary products production, or
(c) soap and detergents (toxic substances) production.
(2) Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1 Column 2
Activity Criteria
agricultural fertiliser (inorganic) production capacity to produce more than 20,000 tonnes of inorganic (other than phosphate) plant fertilisers per year
agricultural fertiliser (phosphate) production capacity to produce more than 20,000 tonnes of phosphate plant fertilisers per year
ammonium nitrate production capacity to produce more than 20,000 tonnes of ammonium nitrate per year
battery production capacity to produce more than 30 tonnes of batteries (calculated by the weight of their metal content) per year
carbon black production capacity to produce more than 5,000 tonnes of carbon black per year
chemical production waste generation involves having on site at any time more than 5 tonnes of prescribed waste, not including excluded material (where 1,000 litres of liquid is taken to weigh 1 tonne)
dangerous goods production capacity to produce, blend, recover or use more than 1,000 tonnes of dangerous goods per year
explosives production any capacity to produce explosives
paints/polishes/adhesives production capacity to produce more than 5,000 tonnes of paints, paint solvents, pigments, dyes, printing inks, industrial polishes, adhesives or sealants per year
pesticides and related products production capacity to produce more than 2,000 tonnes of pesticides and related products per year
pesticides and related products (toxic substances) production capacity to produce more than 1 tonne of pesticides and related products (toxic substances) per year
petrochemical production capacity to produce more than 2,000 tonnes of petrochemicals per year
pharmaceutical and veterinary products production capacity to produce more than 1 tonne of pharmaceutical and veterinary products per year
plastic resins production capacity to produce more than 2,000 tonnes of plastic resins per year
plastics reprocessing capacity to reprocess more than 5,000 tonnes of plastics per year
rubber products/tyres production capacity to produce more than 5,000 tonnes of rubber products or tyres per year
soap and detergents production capacity to produce more than 5,000 tonnes of soap and detergents per year
soap and detergents (toxic substances) production capacity to produce more than 100 tonnes of soap and detergents per year
synthetic rubber production capacity to produce more than 2,000 tonnes of synthetic rubber per year
toxic substance production capacity to produce, blend, recover or use more than 1 tonne of toxic substances per year

9 Chemical storage

(1) This clause applies to the following activities:

"general chemicals storage" , meaning the storage or packaging in containers, bulk storage facilities or stockpiles of any chemical substance classified as a dangerous good in the Transport of Dangerous Goods Code , other than the following:
(a) petroleum or petroleum products,
(b) radioactive substances within the meaning of the Radiation Control Act 1990 .

"on-site generated chemical waste storage" means the storage of any chemical substance produced on site that is prescribed waste (that is, hazardous waste, restricted solid waste or liquid waste, or any combination of them).

"petroleum products storage" , meaning the storage or packaging of petroleum or petroleum products in containers, bulk storage facilities or stockpiles.
(2) Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1 Column 2
Activity Criteria
general chemicals storage capacity to store more than 20 tonnes (pressurised gases), 200 tonnes (liquefied gases) or 2,000 tonnes (chemicals in any other form)
on-site generated chemical waste storage involves storing on site at any time more than 5 tonnes of any chemical substance produced on site that is prescribed waste, not including excluded material (where 1,000 litres of liquid is taken to weigh 1 tonne)
petroleum products storage capacity to store more than 200 tonnes (liquefied gases) or 2,000 tonnes (chemicals in any other form)

10 Coal works

(1) This clause applies to
"coal works" , meaning any activity (other than coke production) that involves storing, loading or handling coal (whether at any coal loader, conveyor, washery or reject dump or elsewhere) at an existing coal mine or on a separate coal industry site.
(2) The activity to which this clause applies is declared to be a scheduled activity if:
(a) it has a capacity to handle more than 500 tonnes per day of coal, or
(b) it has a capacity to store more than 5,000 tonnes of coal (not including storage within a closed container or building).

11 Coke production

(1) This clause applies to
"coke production" , meaning the production of coke from coal (including by quenching, cutting, crushing or grinding).
(2) The activity to which this clause applies is declared to be a scheduled activity if:
(a) it has a capacity to handle more than 500 tonnes per day of coke or coal, or
(b) it has a capacity to store more than 5,000 tonnes of coke or coal (not including storage within a closed container or building).

12 Composting

(1) This clause applies to
"composting" , meaning the aerobic or anaerobic biological conversion of organics into humus-like products:
(a) by methods such as bioconversion, biodigestion or vermiculture, or
(b) by size reduction of organics by shredding, chipping, mulching or grinding.
(2) The activity to which this clause applies is declared to be a scheduled activity if:
(a) where it takes place inside the regulated area, or takes place outside the regulated area but receives organics from inside the regulated area (whether or not it also receives organics from outside the regulated area):
(i) it has on site at any time more than 200 tonnes of organics received from off site, or
(ii) it receives from off site more than 5,000 tonnes per year of non-putrescible organics or more than 200 tonnes per year of putrescible organics, or
(b) where it takes place outside the regulated area and does not receive organics from inside the regulated area:
(i) it has on site at any time more than 2,000 tonnes of organics received from off site, or
(ii) it receives from off site more than 5,000 tonnes per year of non-putrescible organics or more than 200 tonnes per year of putrescible organics.
(3) For the purposes of this clause, 1 cubic metre of organics is taken to weigh 0.5 tonnes.

13 Concrete works

(1) This clause applies to
"concrete works" , meaning the production of concrete products, but does not include the production of pre-mixed concrete (concrete batching).
(2) The activity to which this clause applies is declared to be a scheduled activity if it has a capacity to produce more than 30,000 tonnes per year of concrete products.

14 Container reconditioning

(1) This clause applies to
"container reconditioning" , meaning:
(a) the receiving from off site of containers (including metal, plastic or glass drums, bottles, cylinders or intermediate bulk containers) previously used for the transport or storage of and containing residual quantities of:
(i) substances of Class 1, 3, 4, 5 or 8 within the meaning of the Transport of Dangerous Goods Code , or
(ii) substances to which Division 6.2 of the Transport of Dangerous Goods Code applies, and
(b) the reconditioning, recovering, treating or storing of such containers.
(2) The activity to which this clause applies is declared to be a scheduled activity if it involves having more than 100 such containers on site at any time.

15 Contaminated soil treatment

(1) This clause applies to
"contaminated soil treatment" , meaning the on site or off site treatment of contaminated soil (including, in either case, incineration or storage of contaminated soil but excluding excavation for treatment at another site).
(2) The activity to which this clause applies is declared to be a scheduled activity if:
(a) in any case, it has the capacity to treat more than 1,000 cubic metres per year of contaminated soil received from off site, or
(b) where it treats contaminated soil originating exclusively on site, it has a capacity:
(i) to incinerate more than 1,000 cubic metres per year of contaminated soil, or
(ii) to treat (otherwise than by incineration) and store more than 30,000 cubic metres of contaminated soil, or
(iii) to disturb more than an aggregate area of 3 hectares of contaminated soil.

15A Contaminated groundwater treatment

(1) This clause applies to
"contaminated groundwater treatment" meaning the treatment of contaminated water.
(2) The activity to which this clause applies is declared to be a scheduled activity if it has the capacity to treat more than 100 megalitres per year of contaminated water.

16 Crushing, grinding or separating

(1) This clause applies to
"crushing, grinding or separating" , meaning the processing of materials (including sand, gravel, rock or minerals, but not including waste of any description) by crushing, grinding or separating them into different sizes.
(2) The activity to which this clause applies is declared to be a scheduled activity if it has a capacity to process more than 150 tonnes of materials per day or 30,000 tonnes of materials per year.

17 Electricity generation

(1) This clause applies to the following activities:

"electricity works (wind farms)" , meaning the generation of electricity by means of wind turbines.

"general electricity works" , meaning the generation of electricity by means of electricity plant that, wherever situated, is based on, or uses, any energy source other than wind power or solar power.

"metropolitan electricity works (gas turbines)" , meaning the generation of electricity by means of electricity plant:
(a) that is based on, or uses, a gas turbine, and
(b) that is situated in the metropolitan area or in the local government area of Port Stephens, Maitland, Cessnock, Singleton, Wollondilly or Kiama.

"metropolitan electricity works (internal combustion engines)" , meaning the generation of electricity by means of electricity plant:
(a) that is based on, or uses, an internal combustion engine, and
(b) that is situated in the metropolitan area or in the local government area of Port Stephens, Maitland, Cessnock, Singleton, Wollondilly or Kiama.
(1A) However, this clause does not apply to the generation of electricity by means of electricity plant that is emergency stand-by plant operating for less than 200 hours per year.
(2) Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1 Column 2
Activity Criteria
electricity works (wind farms) is the subject of an approval granted under Part 3A of the Environmental Planning and Assessment Act 1979 before the repeal of that Part (or under that Part as continued on after that repeal by or under Schedule 6A to that Act), or is the subject of a development consent (being a consent that relates to State significant development) granted by the Minister under Part 4 of the Environmental Planning and Assessment Act 1979 (including by operation of clause 89 of Schedule 6 to that Act), or
Note : This criteria covers development consent granted before 1 August 2005 (before the commencement of Part 3A of the Environmental Planning and Assessment Act 1979 ) and development consent granted after 1 October 2011 (after the repeal of that Part).
was being carried out immediately before 1 December 2012 with a capacity to generate more than 30 megawatts of electrical power
general electricity works capacity to generate more than 30 megawatts of electrical power
metropolitan electricity works (gas turbines) capacity to burn more 20 megajoules of fuel per second
metropolitan electricity works (internal combustion engines) capacity to burn more than 3 megajoules of fuel per second

18 Energy recovery

(1) This clause applies to the following activities:

"energy recovery from general waste" , meaning the receiving from off site of, and the recovery of energy from, any waste (other than hazardous waste, restricted solid waste, liquid waste or special waste).

"energy recovery from hazardous and other waste" , meaning the receiving from on site or off site of, and the recovery of energy from, hazardous waste, restricted solid waste, liquid waste or special waste.
(2) However, this clause does not apply to any of the following:
(a) the processing of contaminated soil,
(b) container reconditioning,
(c) the recovery of gases that are dangerous goods of Class 2 within the meaning of the Transport of Dangerous Goods Code .
(3) Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if:
(a) it meets the criteria set out in Column 2 of that Table, and
(b) an exemption granted under Part 9 of the Protection of the Environment Operations (Waste) Regulation 2014 exempts the person carrying out the activity from the requirements of section 48 (2) as they apply to waste disposal (thermal treatment).
(4) For the purposes of this clause, 1 litre of waste is taken to weigh 1 kilogram.

Table

Column 1 Column 2
Activity Criteria
energy recovery from general waste involves processing more than 200 tonnes per year of waste (other than hazardous waste, restricted solid waste, liquid waste or special waste)
energy recovery from hazardous and other waste involves having on site at any time more than 200 kilograms of hazardous waste, restricted solid waste, liquid waste or special waste

19 Extractive activities

(1) This clause applies to the following activities:

"land-based extractive activity" , meaning the extraction, processing or storage of extractive materials, either for sale or re-use, by means of excavation, blasting, tunnelling, quarrying or other such land-based methods.

"water-based extractive activity" , meaning the extraction of extractive materials, either for sale or re-use, by means of dredging or other such water-based methods.
(2) In this clause,
"extractive materials" means clay, sand, soil, stone, gravel, rock, sandstone or similar substances that are not minerals within the meaning of the Mining Act 1992 .
(3) Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1 Column 2
Activity Criteria
land-based extractive activity involves the extraction, processing or storage of more than 30,000 tonnes per year of extractive materials
water-based extractive activity involves the extraction of more than 30,000 cubic metres per year of extractive materials

20 Helicopter-related activities

(1) This clause applies to a
"helicopter-related activity" , meaning the landing, taking-off or parking of helicopters (including the use of terminals and the use of buildings for the parking, servicing or maintenance of helicopters), being an activity:
(a) that has an intended use of more than 30 flight movements per week (where take-off and landing are separate flight movements), and
(b) that is conducted within 1 kilometre of a dwelling not associated with the landing, taking-off or parking of helicopters,
but not including an activity that is carried out exclusively for the purposes of emergency aeromedical evacuation, retrieval or rescue.
(2) The activity to which this clause applies is declared to be a scheduled activity.

21 Irrigated agriculture

(1) This clause applies to
"irrigated agriculture" , meaning the irrigation activity of an irrigation corporation within the meaning of the Water Management Act 2000 , but not including the irrigation activity of individual irrigators in the area of operations of any such irrigation corporation.
(2) The activity to which this clause applies is declared to be a scheduled activity.

22 Livestock intensive activities

(1) This clause applies to the following activities:

"animal accommodation" , meaning the accommodation of animals for the purposes of sale, auction or exchange or for transportation by road, rail or ship.

"bird accommodation" , meaning the accommodation of birds for commercial production.

"cattle, sheep or horse accommodation" , meaning the accommodation of cattle, sheep or horses in a confinement area for rearing or fattening (wholly or substantially) on prepared or manufactured feed (excluding facilities for drought or similar emergency relief).

"dairy animal accommodation" , meaning the accommodation of animals for milk production.

"pig accommodation" , meaning the accommodation of pigs for commercial production.
(2) Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1 Column 2
Activity Criteria
animal accommodation capacity to handle more than 50,000 cattle or 200,000 animals of any type (including cattle) per year
bird accommodation capacity to accommodate more than 250,000 birds at any time
cattle, sheep or horse accommodation capacity to accommodate more than 1,000 head of cattle, 4,000 sheep or 400 horses at any time
dairy animal accommodation capacity to accommodate more than 800 animals at any time
pig accommodation capacity to accommodate more than 2,000 pigs or 200 breeding sows at any time

23 Livestock processing activities

(1) This clause applies to the following activities:

"general animal products production" , meaning the manufacture of products derived from the slaughter of animals occurring in plants producing products such as hides, adhesives, pet food, gelatine, fertiliser or meat products.

"greasy wool or fleece processing" , meaning the scouring, topping or carbonising of greasy wool or fleeces.

"rendering or fat extraction" , meaning the manufacture of products derived from the slaughter of animals occurring in rendering or fat extraction plants.

"slaughtering or processing animals" , meaning the slaughtering or processing of animals (including poultry and fish).

"tanneries or fellmongeries" , meaning the manufacture of products derived from the slaughter of animals occurring in tanneries or fellmongeries (that is, operations that process animal skins or other animal products to produce leather or other similar products).
(2) Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1 Column 2
Activity Criteria
general animal products production capacity to produce more than 5,000 tonnes of animal products per year
greasy wool or fleece processing capacity to process more than 200 tonnes of wool or fleece per year
rendering or fat extraction capacity to produce more than 200 tonnes of tallow, fat or their derivatives or proteinaceous matter per year
slaughtering or processing animals capacity to slaughter or process more than 750 tonnes live weight per year
tanneries or fellmongeries capacity to process more than 2 tonnes of skins or hides per year

24 Logging operations

(1) This clause applies to the following activities:

"access road construction" , meaning the construction of new access roads in connection with timber-getting in a compartment in a State forest or Crown timber land (within the meaning of the Forestry Act 2012 ).

"timber-getting" , meaning the cutting and removal of timber (being sawlogs or pulplogs) from a compartment in a State forest or Crown timber land (within the meaning of the Forestry Act 2012 ).
(2) Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.
(3) In this clause:

"land west of the Great Dividing Range" means the area shown on the map entitled “ Land west of the Great Dividing Range ”, published by the EPA and as in force from time to time, copies of which are held in the offices of the EPA.
Note : A copy of the map is available on the EPA’s website (www.epa.nsw.gov.au).

Table

Column 1 Column 2
Activity Criteria
access road construction when carried out otherwise than in a compartment in a timber plantation or on land west of the Great Dividing Range
timber-getting when carried out otherwise than in a compartment in a timber plantation or on land west of the Great Dividing Range where:(a) at least 20% of the compartment has a slope greater than 18 degrees above or below the horizontal, and(b) at least 30 timber stems (at least 40 centimetres in diameter at breast height) are removed from each hectare of the compartment when averaged over the net harvestable area of the compartment

25 Marinas and boat repairs

(1) This clause applies to the following activities:

"boat construction/maintenance (dry/floating docks)" , meaning the use of dry docks or floating docks for the construction, repair and maintenance of vessels.

"boat construction/maintenance (general)" , meaning the use of facilities (whether water-based or land-based) for the construction, repair and maintenance of vessels (other than dry docks, floating docks and facilities not having frontage to a waterway).

"boat mooring and storage" , meaning the use of pontoons, jetties, piers or other structures (whether water-based or land-based) designed or utilised to provide moorings or dry storage (other than swing moorings and facilities not having frontage to a waterway).
(2) Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.
(3) In this clause,
"waterway" means any river, stream, lake, lagoon, swamp, wetlands, unconfined surface water, natural or artificial watercourse, dam or tidal waters (including the sea).

Table

Column 1 Column 2
Activity Criteria
boat construction/maintenance (dry/floating docks) capacity to handle vessels 25 metres or longer
boat construction/maintenance (general) capacity to handle more than 5 vessels longer than 5 metres (excluding rowing boats, dinghies and other small craft) at any time
boat moorings and storage capacity to handle more than 80 vessels (excluding rowing boats, dinghies and other small craft) at any time

26 Metallurgical activities

(1) This clause applies to the following activities:

"aluminium production (alumina)" , meaning the refinement or processing of mainly alumina to produce aluminium products.

"aluminium production (scrap metal)" , meaning the refinement or processing of mainly scrap aluminium to produce aluminium products.

"iron or steel production (iron ore)" , meaning the refinement or processing of mainly iron ore to produce iron or steel products.

"iron or steel production (scrap metal)" , meaning the refinement or processing of mainly scrap iron or steel to produce iron or steel products.

"metal coating" , meaning the coating of metal by any method (including spray painting, powder coating, enamelling, electroplating, anodising and galvanising, but not the coating of metal on vehicles or vessels).

"metal processing" , meaning the processing of metals by heating, rolling, melting or casting metal otherwise than in the course of some other activity to which this clause applies.

"metal waste generation" , meaning any activity that involves:
(a) the refinement, processing or coating of metal, and
(b) having on site any prescribed waste (that is, hazardous waste, restricted solid waste or liquid waste, or any combination of them).

"non-ferrous metal production (ore concentrates)" , meaning the refinement or processing of mainly ore concentrates (including copper, zinc and lead ores, but not iron ore or alumina) to produce non-ferrous metal products.

"non-ferrous metal production (scrap metal)" , meaning the refinement or processing of mainly scrap metal (including copper, zinc and lead, but not iron, steel or aluminium) to produce non-ferrous metal products.

"scrap metal processing" , meaning the crushing, grinding, shredding or sorting (but not smelting) of scrap metal of any kind.
(2) Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1 Column 2
Activity Criteria
aluminium production (alumina) capacity to process more than 10,000 tonnes of alumina per year
aluminium production (scrap metal) capacity to process more than 10,000 tonnes of scrap metal per year
iron or steel production (iron ore) capacity to process more than 10,000 tonnes of iron ore per year
iron or steel production (scrap metal) capacity to process more than 10,000 tonnes of scrap metal per year
metal coating capacity to process more than 10,000 tonnes of metal per year
metal processing capacity to process more than 10,000 tonnes of metal per year
metal waste generation involves having on site at any time more than 5 tonnes of prescribed waste, not including excluded material (where 1,000 litres of liquid is taken to weigh 1 tonne)
non-ferrous metal production (ore concentrates) capacity to process more than 10,000 tonnes of ore concentrates per year
non-ferrous metal production (scrap metal) capacity to process more than 10,000 tonnes of scrap metal per year
scrap metal processing capacity to process more than 150 tonnes of scrap metal per day or 30,000 tonnes per year (if not carried out wholly indoors) or 50,000 tonnes per year (if carried out wholly indoors)

27 Mineral processing

(1) This clause applies to the following activities:

"mineral processing" , meaning the processing, or the commercial production or extraction, of ores (using methods including chemical, electrical, magnetic, gravity or physical-chemical).

"mineral waste generation" , meaning mineral processing that involves having on site any prescribed waste (that is, hazardous waste, restricted solid waste or liquid waste, or any combination of them).
(2) Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1 Column 2
Activity Criteria
mineral processing capacity to process more than 150 tonnes of ore per day
mineral waste generation involves having on site at any time more than 5 tonnes of prescribed waste, not including excluded material (where 1,000 litres of liquid is taken to weigh 1 tonne)

28 Mining for coal

(1) This clause applies to
"mining for coal" , meaning the mining, processing or handling of coal (including tailings and chitter) at underground mines or open cut mines.
(2) The activity to which this clause applies is declared to be a scheduled activity if:
(a) it has a capacity to produce more than 500 tonnes of coal per day, or
(b) it has disturbed, is disturbing or will disturb a total surface area of more than 4 hectares of land by:
(i) clearing or excavating, or
(ii) constructing dams, ponds, drains, roads, railways or conveyors, or
(iii) storing or depositing overburden or coal (including tailings and chitter).

29 Mining for minerals

(1) This clause applies to
"mining for minerals" , meaning the mining, processing or handling of minerals (within the meaning of the Mining Act 1992 ), other than coal, at mines.
(2) The activity to which this clause applies is declared to be a scheduled activity if it has disturbed, is disturbing or will disturb a total surface area of more than 4 hectares of land (or, in the case of a gold mine, more than 1 hectare of land) by:
(a) clearing or excavating, or
(b) constructing dams, ponds, drains, roads, railways or conveyors, or
(c) storing or depositing overburden, ore or its products or tailings.

30 Paper or pulp production

(1) This clause applies to the following activities:

"paper or pulp production" , meaning the manufacturing of paper, paper pulp or pulp products.

"paper or pulp waste generation" , meaning a paper or pulp activity that involves having on site any prescribed waste (that is, hazardous waste, restricted solid waste or liquid waste, or any combination of them).
(2) Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1 Column 2
Activity Criteria
paper or pulp production capacity to produce more than 30,000 tonnes per year (or, where 90% or more of the raw material used is recycled material and no bleaching or de-inking occurs, 70,000 tonnes per year) of paper, paper pulp or pulp products
paper or pulp waste generation involves having on site at any time more than 5 tonnes of prescribed waste, not including excluded material (where 1,000 litres of liquid is taken to weigh 1 tonne)

31 Petroleum exploration, assessment and production

(1) This clause applies to
"petroleum exploration, assessment and production" , meaning the following:
(a) exploratory activities to identify petroleum reserves,
(b) any testing or sampling carried out in relation to that exploration,
(c) the production of petroleum.
(2) However, this clause does not apply to any of the following activities if the activity is carried out on land other than land in an environmentally sensitive area of State significance:
(a) geological mapping and airborne surveying,
(b) sampling and coring using hand-held equipment,
(c) geophysical (including seismic) surveying and downhole logging,
(d) accessing of areas by vehicle that does not involve the construction of an access way such as a track or road,
(e) soil sampling by machinery,
(f) constructing, maintaining or using equipment to monitor subsidence, noise, groundwater or the weather,
(g) constructing, maintaining or using roads consistent with best practice industry standards as outlined in the document entitled Managing urban stormwater: Soils and construction (Volume 2C: Unsealed roads) , published by the Department of Environment and Climate Change, dated January 2008,
(h) recovering, obtaining or removing coal seam gas in the course of coal mining.
(3) The activity to which this clause applies is declared to be a scheduled activity.
(4) In this clause:

"environmentally sensitive area of State significance" has the same meaning as in State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 .

"petroleum" has the same meaning as in the Petroleum (Onshore) Act 1991 .

31A Petroleum products and fuel production

(1) This clause applies to
"petroleum products and fuel production" , meaning the production of petroleum products (including aviation fuel, petrol, kerosene, mineral turpentine, fuel oils, lubricants, wax, bitumen, liquefied gas and the precursors to petrochemicals, such as acetylene, ethylene, toluene and xylene) by any means including by refining, fermentation, esterification or blending.
Note : Refining may occur in the processing of crude petroleum or shale oil, fermentation in the production of ethanol, esterification in the production of biodiesel and blending in the production of lubricants and fuels.
(2) However, this clause does not apply to the activity of blending a fuel with ethanol or biodiesel if that activity is carried on at a petroleum fuel storage terminal, and the occupier of those premises is, at the time that activity is carried on, the holder of an environment protection licence that authorises the activity of petroleum products storage (within the meaning of clause 9 of this Schedule).
(3) The activity to which this clause applies is declared to be a scheduled activity if there is capacity to produce more than 100 tonnes of petroleum products per year.

32 Printing, packaging and visual communications

(1) This clause applies to
"printing, packaging and visual communications waste generation" , meaning any printing, packaging or visual communications activity that involves having on site any prescribed waste (that is, hazardous waste, restricted solid waste or liquid waste, or any combination of them).
(2) The activity to which this clause applies is declared to be a scheduled activity if it involves having on site at any time more than 5 tonnes of prescribed waste, not including excluded material (where 1,000 litres of liquid is taken to weigh 1 tonne).

33 Railway systems activities

(1) This clause applies to
"railway systems activities" , meaning:
(a) the installation, on site repair, on site maintenance or on site upgrading of track, including the construction or significant alteration of any ancillary works, or
(b) the operation of rolling stock on track.
(2) However, this clause does not apply to any of the following:
(a) an activity in a railway workshop (including the use of fuel burning equipment),
(b) re-fuelling of rolling stock,
(c) an activity at a railway fuel depot,
(d) repair, maintenance or upgrading of track away from the track site,
(e) an activity at a railway station building (including platforms and offices),
(f) loading of freight into or onto, and unloading of freight from, rolling stock,
(g) an activity at a freight depot or centre,
(h) operation of signalling, communication or train control systems.
(3) The activity to which this clause applies is declared to be a scheduled activity.
(4) For the purposes of subclause (1) (b), rolling stock that is operated on track is taken to be operated by the occupier of the land on which the track is situated.
Note : Consequently, it is the occupier of that land, not the person having control of the rolling stock, that is required to be licensed under section 48 in respect of the operation of the rolling stock.
(5) In this clause:

"ancillary works" means any of the following:
(a) over track structures,
(b) earthworks,
(c) cuttings,
(d) drainage works,
(e) track support,
(f) fencing,
(g) tunnels,
(h) bridges,
(i) level crossings.

"track" means railway track that forms part of, or consists of, a network of more than 30 kilometres of track, other than railway track that is used solely by railway vehicles that are themselves used solely for heritage purposes.

34 Resource recovery

(1) This clause applies to the following activities:

"recovery of general waste" , meaning the receiving of waste (other than hazardous waste, restricted solid waste, liquid waste or special waste) from off site and its processing, otherwise than for the recovery of energy.

"recovery of hazardous and other waste" , meaning the receiving of hazardous waste, restricted solid waste or special waste (other than asbestos waste or waste tyres) from off site and its processing, otherwise than for the recovery of energy.

"recovery of waste oil" , meaning the receiving of waste oil from off site and its processing, otherwise than for the recovery of energy.

"recovery of waste tyres" , meaning the receiving of waste tyres from off site and their processing, otherwise than for the recovery of energy.
(2) However, this clause does not apply to the recovery of stormwater or the processing of any of the following:
(a) contaminated soil,
(b) contaminated groundwater,
(c) sewage within a sewage treatment system (whether or not that system is licensed).
(2A) This clause also does not apply to the receiving of waste at premises from off site and its processing if:
(a) the waste is to be sold or supplied from those premises as landscaping material (that is, as lawful soil amendments or for landscape gardening) and nothing else occurs in respect of the waste at the premises other than blending, mixing, packaging or storage of the waste for the purpose of that sale or supply, and
(b) the waste is virgin excavated natural material or meets all of the conditions of a resource recovery order (made under clause 93 of the Protection of the Environment Operations (Waste) Regulation 2014 ) at the time it is received, and
(c) the waste does not include any liquid waste or biosolids that are not general solid waste (non-putrescible), and
(d) no other activity is carried out at the premises that would result in the premises being a scheduled waste facility within the meaning of the Protection of the Environment Operations (Waste) Regulation 2014 .
(3) Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if:
(a) it meets the criteria set out in Column 2 of that Table, and
(b) either:
(i) less than 50% by weight of the waste received in any year requires disposal after processing, or
(ii) an exemption granted under Part 9 of the Protection of the Environment Operations (Waste) Regulation 2014 exempts the person carrying out the activity from the requirements of section 48 (2) as they apply to waste disposal (application to land), waste disposal (thermal treatment), waste processing (non-thermal treatment) and waste storage.

Table

Column 1 Column 2
Activity Criteria
recovery of general waste if the premises are in the regulated area:(a) involves having on site at any time more than 1,000 tonnes or 1,000 cubic metres of waste, or(b) involves processing more than 6,000 tonnes of waste per yearif the premises are outside the regulated area:(a) involves having on site at any time more than 2,500 tonnes or 2,500 cubic metres of waste, or(b) involves processing more than 12,000 tonnes of waste per year
recovery of hazardous and other waste involves having on site at any time more than 200 kilograms of waste
recovery of waste oil involves processing more than 20 tonnes of waste oil per year or having on site at any time more than 2,000 litres of waste oil
recovery of waste tyres involves having on site at any time (other than in or on a vehicle used to transport the tyres to or from the premises) more than 5 tonnes of waste tyres or 500 waste tyres, or
involves processing more than 5,000 tonnes of waste tyres per year

35 Road construction

(1) This clause applies to
"road construction" , meaning the construction, widening or re-routing of roads, but does not apply to the maintenance or operation of any such road.
(2) The activity to which this clause applies is declared to be a scheduled activity if it results in the existence of 4 or more traffic lanes (other than bicycle lanes or lanes used for entry or exit) for at least:
(a) where the road is classified, or proposed to be classified, as a freeway or tollway under the Roads Act 1993 :
(i) 1 kilometre of their length in the metropolitan area, or
(ii) 5 kilometres of their length in any other area, or
(b) where the road is classified, or proposed to be classified, as a main road (but not a freeway or tollway) under the Roads Act 1993 :
(i) 3 kilometres of their length in the metropolitan area, or
(ii) 5 kilometres of their length in any other area.

36 Sewage treatment

(1) This clause applies to
"sewage treatment" , meaning the operation of sewage treatment systems (including the treatment works, pumping stations, sewage overflow structures and the reticulation system) that involve the discharge or likely discharge of wastes or by-products to land or waters.
(2) The activity to which this clause applies is declared to be a scheduled activity if it has a processing capacity that exceeds:
(a) 2,500 persons equivalent, as determined in accordance with guidelines established by an EPA Gazettal notice, or
(b) 750 kilolitres per day,
whichever is the greater.

37 Shipping in bulk

(1) This clause applies to
"shipping in bulk" , meaning the operation of wharves and associated facilities for the bulk loading or unloading of agricultural crop products, rock, ores, minerals or chemicals into or from vessels (except where they are contained in shipping containers).
(2) The activity to which this clause applies is declared to be a scheduled activity if the facilities have a capacity to handle:
(a) more than 500 tonnes of agricultural crop products, rock, ores, minerals or chemicals per day, or
(b) more than 50,000 tonnes of agricultural crop products, rock, ores, minerals or chemicals per year.

38 Sterilisation activities

(1) This clause applies to
"sterilisation activities" , meaning the sterilisation of products or equipment by means that include the use of ethylene oxide.
(2) The activity to which this clause applies is declared to be a scheduled activity if it involves the use of more than one tonne of ethylene oxide per year.

39 Waste disposal (application to land)

(1) This clause applies to
"waste disposal by application to land" , meaning the application to land of waste received from off site, including (but not limited to) application by any of the following methods:
(a) spraying, spreading or depositing on the land,
(b) ploughing, injecting or mixing into the land,
(c) filling, raising, reclaiming or contouring the land.
(2) However, this clause does not apply to an activity that involves any of the following:
(a) sites inside the regulated area that, over any period of time, receive from off site a total of no more than 200 tonnes of the following waste (and no other waste):
(i) building and demolition waste only,
(ii) building and demolition waste mixed with virgin excavated natural material,
(b) sites outside the regulated area that, over any period of time, receive from off site a total of no more than 200 tonnes of the following waste (and no other waste):
(i) building and demolition waste only,
(ii) building and demolition waste mixed with virgin excavated natural material,
being waste generated inside the regulated area,
(c) sites outside the regulated area that, over any period of time, receive from off site a total of no more than 20,000 tonnes of the following waste (and no other waste):
(i) building and demolition waste only,
(ii) building and demolition waste mixed with virgin excavated natural material,
being waste generated outside the regulated area,
(d) sites that receive from off site no more than 5 tonnes of waste tyres per year or 500 waste tyres in total over any period (and no other waste),
(e) sites where only virgin excavated natural material is received from off site and applied to land,
(f) sites that are outside the regulated area, but only if:
(i) the site is owned by and operated by or on behalf of a local council, and
(ii) the site was in existence immediately before 28 April 2008 and was not required to be licensed before that date, and
(iii) details required under clause 47 of the Protection of the Environment Operations (Waste) Regulation 2005 were provided, in relation to the site, before 28 April 2008, and
(iv) the site receives from off site less than 5,000 tonnes per year of waste, and
(v) that waste has been generated outside the regulated area and consists only of general solid waste (putrescible), general solid waste (non-putrescible), clinical and related waste, asbestos waste, grease trap waste or waste tyres (or any combination of them).
(3) The activity to which this clause applies is declared to be a scheduled activity.
(4) For the purposes of this clause, 1 litre of waste is taken to weigh 1 kilogram.

40 Waste disposal (thermal treatment)

(1) This clause applies to the following activities:

"thermal treatment of general waste" , meaning the receiving of waste (other than hazardous waste, restricted solid waste, liquid waste or special waste) from off site and its processing by thermal treatment.

"thermal treatment of hazardous and other waste" , meaning the receiving of hazardous waste, restricted solid waste, liquid waste or special waste from off site and its processing by thermal treatment.
(2) However, this clause does not apply to the treatment of any of the following:
(a) contaminated soil,
(b) contaminated groundwater,
(c) sewage within a sewage treatment system (whether or not that system is licensed).
(3) Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.
(4) For the purposes of this clause, 1 litre of waste is taken to weigh 1 kilogram.

Table

Column 1 Column 2
Activity Criteria
thermal treatment of general waste involves processing more than 200 tonnes of waste per year
thermal treatment of hazardous and other waste involves having on site at any time more than 200 kilograms of waste (other than clinical and related waste), or
involves having on site at any time any quantity of clinical and related waste

41 Waste processing (non-thermal treatment)

(1) This clause applies to the following activities:

"non-thermal treatment of general waste" , meaning the receiving of waste (other than hazardous waste, restricted solid waste, liquid waste or special waste) from off site and its processing otherwise than by thermal treatment.

"non-thermal treatment of hazardous and other waste" , meaning the receiving of hazardous waste, restricted solid waste or special waste (other than asbestos waste or waste tyres) from off site and its processing otherwise than by thermal treatment.

"non-thermal treatment of liquid waste" , meaning the receiving of liquid waste (other than waste oil) from off site and its processing otherwise than by thermal treatment.

"non-thermal treatment of waste oil" , meaning the receiving of waste oil from off site and its processing otherwise than by thermal treatment.

"non-thermal treatment of waste tyres" , meaning the receiving of waste tyres from off site and their processing otherwise than by thermal treatment.
(2) However this clause does not apply to the processing of any of the following:
(a) stormwater,
(b) contaminated soil,
(c) contaminated groundwater,
(d) sewage within a sewage treatment system (whether or not that system is licensed).
(2AA) This clause also does not apply to the receiving of waste at premises from off site and its processing if:
(a) the waste is to be sold or supplied from those premises as landscaping material (that is, as lawful soil amendments or for landscape gardening) and nothing else occurs in respect of the waste at the premises other than blending, mixing, packaging or storage of the waste for the purpose of that sale or supply, and
(b) the waste is virgin excavated natural material or meets all of the conditions of a resource recovery order (made under clause 93 of the Protection of the Environment Operations (Waste) Regulation 2014 ) at the time it is received, and
(c) the waste does not include any liquid waste or biosolids that are not general solid waste (non-putrescible), and
(d) no other activity is carried out at the premises that would result in the premises being a scheduled waste facility within the meaning of the Protection of the Environment Operations (Waste) Regulation 2014 .
(2A) The activity of non-thermal treatment of liquid waste is declared to be a scheduled activity if it meets the criteria for that activity set out in Column 2 of the Table to this clause.
(3) Each other activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if:
(a) it meets the criteria set out in Column 2 of that Table, and
(b) 50% or more by weight of the total amount of waste received per year requires disposal after processing.
(4) For the purposes of this clause, 1 litre of waste is taken to weigh 1 kilogram.

Table

Column 1 Column 2
Activity Criteria
non-thermal treatment of general waste if the premises are in the regulated area:(a) involves having on site at any time more than 1,000 tonnes or 1,000 cubic metres of waste, or(b) involves processing more than 6,000 tonnes of waste per yearif the premises are outside the regulated area:(a) involves having on site at any time more than 2,500 tonnes or 2,500 cubic metres of waste, or(b) involves processing more than 12,000 tonnes of waste per year
non-thermal treatment of hazardous and other waste involves having on site at any time more than 200 kilograms of waste (other than clinical and related waste), or
involves having on site at any time any quantity of clinical and related waste
non-thermal treatment of liquid waste involves having on site at any time more than 200 kilograms of liquid waste (other than clinical and related waste), or
involves having on site at any time any quantity of liquid waste that is clinical and related waste
non-thermal treatment of waste oil involves having on site at any time more than 2,000 litres of waste oil, or
involves processing more than 20 tonnes of waste oil per year
non-thermal treatment of waste tyres involves having on site at any time (other than in or on a vehicle used to transport the tyres to or from the premises) more than 5 tonnes of waste tyres or 500 waste tyres, or
involves processing more than 5,000 tonnes of waste tyres per year

42 Waste storage

(1) This clause applies to
"waste storage" , meaning the receiving from off site and storing (including storage for transfer) of waste.
(2) However, this clause does not apply to any of the following:
(a) the storage of stormwater,
(b) the storage of up to 60 tonnes at any time of any of the following kinds of waste (but not when accompanied by any other kind of waste):
(i) drilling mud,
(ii) grease trap waste,
(iii) waste lead acid batteries,
(iv) waste oil,
(c) the storage of sewage within a sewage treatment system,
(d) the storage and transfer of liquid waste that is generated and treated on site prior to sewer discharge, or lawful discharge to waters.
(2A) This clause also does not apply to the receiving of waste from off site and its storage if:
(a) the waste is to be sold or supplied from those premises as landscaping material (that is, as lawful soil amendments or for landscape gardening) and nothing else occurs in respect of the waste at the premises other than storage of the waste for the purpose of that sale or supply, and
(b) the waste is virgin excavated natural material or meets all of the conditions of a resource recovery order (made under clause 93 of the Protection of the Environment Operations (Waste) Regulation 2014 ) at the time it is received, and
(c) the waste does not include any liquid waste or biosolids that are not general solid waste (non-putrescible), and
(d) no other activity is carried out at the premises that would result in the premises being a scheduled waste facility within the meaning of the Protection of the Environment Operations (Waste) Regulation 2014 .
(2B) This clause also does not apply to the receiving of virgin excavated natural material from off site and its storage if the only waste received is virgin excavated natural material.
(3) The activity to which this clause applies is declared to be a scheduled activity if:
(a) more than 5 tonnes of hazardous waste, restricted solid waste, liquid waste or special waste (other than waste tyres) is stored on the premises at any time, or
(b) more than 5 tonnes of waste tyres or 500 waste tyres is stored on the premises at any time (other than in or on a vehicle used to transport the tyres to or from the premises), or
(c) more than the following amounts of waste (other than waste referred to in paragraph (a) or (b)) are stored on the premises at any time:
(i) in the case of premises in the regulated area-more than 1,000 tonnes or 1,000 cubic metres,
(ii) in the case of premises outside the regulated area-more than 2,500 tonnes or 2,500 cubic metres, or
(d) more than the following amounts of waste (other than waste referred to in paragraph (a) or (b)) is received per year from off site:
(i) in the case of premises in the regulated area-6,000 tonnes,
(ii) in the case of premises outside the regulated area-12,000 tonnes.
(4) For the purposes of this clause, 1 litre of waste is taken to weigh 1 kilogram.

43 Wood or timber milling or processing

(1) This clause applies to
"wood or timber milling or processing" , meaning the sawing, machining, milling, chipping, pulping or compressing of timber or wood (otherwise than at a joinery, builders’ supply yard or home improvement centre).
(2) The activity to which this clause applies is declared to be a scheduled activity if:
(a) in the case of an activity that burns waste (otherwise than as fuel), it has a capacity to process more than 6,000 cubic metres of timber (or timber products) per year, or
(b) in any other case, it has a capacity to process more than 50,000 cubic metres of timber (or timber products) per year.

44 Wood preservation

(1) This clause applies to
"wood preservation" , meaning the treating or preserving timber with pesticides (within the meaning of the Pesticides Act 1999 ).
(2) The activity to which this clause applies is declared to be a scheduled activity if it has a capacity to process more than 10,000 cubic metres of timber per year.

Part 2 - Activities not premises-based

45 Application of Part

For the purposes of section 49, any activity that is declared by this Part to be a scheduled activity is taken to be an activity for which a licence is required, but where no licence is required for the premises at which it is carried out (the activity is
"not premises-based" ).

Note : Section 49 (2) provides that a person who carries on such an activity is guilty of an offence unless he or she holds a licence that authorises him or her to carry on that activity.

47 Mobile waste processing

(1) This clause applies to
"mobile waste processing" , meaning an activity:
(a) that involves the processing of hazardous waste, liquid waste or restricted solid waste (or any combination of them), and
(b) that is carried out, for business or commercial purposes, by means of mobile plant.
(2) The activity to which this clause applies is declared to be a scheduled activity.

48 Transportation of trackable waste

(1) This clause applies to the following activities:
(a)
"transportation of category 1 trackable waste" , meaning the transportation of category 1 trackable waste within New South Wales,
Note : This activity covers any transportation of category 1 trackable waste within New South Wales, whether or not the transportation of the waste is confined to New South Wales.
(b)
"transportation of category 2 trackable waste" , meaning the transportation of category 2 trackable waste from New South Wales to a participating State, into New South Wales from a participating State or through New South Wales from one participating State to another.
(2) However, this clause does not apply to the transportation of waste that is excluded from the application of Part 4 of the Protection of the Environment Operations (Waste) Regulation 2014 (
"the Waste Regulation" ) by clause 41 of that Regulation.
(3) Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.
(4) In this clause:

"category 1 trackable waste" and
"category 2 trackable waste" have the same meanings as in the Waste Regulation.

"participating State" has the same meaning as in Part 4 of the Waste Regulation.

Table

Column 1 Column 2
Activity Criteria
transportation of category 1 trackable waste involves the transportation of more than 200 kilograms of category 1 trackable waste in any load
transportation of category 2 trackable waste (other than tyres) involves the transportation of more than 200 kilograms of category 2 trackable waste in any load

Part 3 - Definitions

Division 1 - Waste classifications

49 Definitions of waste classifications

(1) In this Schedule:

"general solid waste (non-putrescible)" means waste (other than special waste, hazardous waste, restricted solid waste, general solid waste (putrescible) or liquid waste) that includes any of the following:
(a) glass, plastic, rubber, plasterboard, ceramics, bricks, concrete or metal,
(b) paper or cardboard,
(c) household waste from municipal clean-up that does not contain food waste,
(d) waste collected by or on behalf of local councils from street sweeping,
(e) grit, sediment, litter and gross pollutants collected in, and removed from, stormwater treatment devices or stormwater management systems, that has been dewatered so that it does not contain free liquids,
(f) grit and screenings from potable water and water reticulation plants that has been dewatered so that it does not contain free liquids,
(g) garden waste,
(h) wood waste,
(i) waste contaminated with lead (including lead paint waste) from residential premises or educational or child care institutions,
(j) containers, having previously contained dangerous goods, from which residues have been removed by washing or vacuuming,
(k) drained oil filters (mechanically crushed), rags and oil absorbent materials that only contain non-volatile petroleum hydrocarbons and do not contain free liquids,
(l) drained motor oil containers that do not contain free liquids,
(m) non-putrescible vegetative waste from agriculture, silviculture or horticulture,
(n) building cavity dust waste removed from residential premises, or educational or child care institutions, being waste that is packaged securely to prevent dust emissions and direct contact,
(o) synthetic fibre waste (from materials such as fibreglass, polyesters and other plastics) being waste that is packaged securely to prevent dust emissions, but excluding asbestos waste,
(p) virgin excavated natural material,
(q) building and demolition waste,
(r) asphalt waste (including asphalt resulting from road construction and waterproofing works),
(s) biosolids categorised as unrestricted use, or as restricted use 1, 2 or 3, in accordance with the criteria set out in the Biosolids Guidelines ,
(t) cured concrete waste from a batch plant,
(u) fully cured and set thermosetting polymers and fibre reinforcing resins,
(v) fully cured and dried residues of resins, glues, paints, coatings and inks,
(w) anything that is classified as general solid waste (non-putrescible) pursuant to an EPA Gazettal notice,
(x) anything that is classified as general solid waste (non-putrescible) pursuant to the Waste Classification Guidelines,
(y) any mixture of anything referred to in paragraphs (a)-(x).

"general solid waste (putrescible)" means waste (other than special waste, hazardous waste, restricted solid waste or liquid waste) that includes any of the following:
(a) household waste containing putrescible organics,
(b) waste from litter bins collected by or on behalf of local councils,
(c) manure and nightsoil,
(d) disposable nappies, incontinence pads or sanitary napkins,
(e) food waste,
(f) animal waste,
(g) grit or screenings from sewage treatment systems that have been dewatered so that the grit or screenings do not contain free liquids,
(h) anything that is classified as general solid waste (putrescible) pursuant to an EPA Gazettal notice,
(i) anything that is classified as general solid waste (putrescible) pursuant to the Waste Classification Guidelines,
(j) a mixture of anything referred to in paragraphs (a)-(i).

"hazardous waste" means waste (other than special waste or liquid waste) that includes any of the following:
(a) anything that is classified as:
(i) a substance of Class 1, 2, 5 or 8 within the meaning of the Transport of Dangerous Goods Code , or
(ii) a substance to which Division 4.1, 4.2, 4.3 or 6.1 of the Transport of Dangerous Goods Code applies,
(b) containers, having previously contained:
(i) a substance of Class 1, 3, 4, 5 or 8 within the meaning of the Transport of Dangerous Goods Code , or
(ii) a substance to which Division 6.1 of the Transport of Dangerous Goods Code applies,
from which residues have not been removed by washing or vacuuming,
(c) coal tar or coal tar pitch waste (being the tarry residue from the heating, processing or burning of coal or coke) comprising more than 1% (by weight) of coal tar or coal tar pitch waste,
(d) lead-acid or nickel-cadmium batteries (being waste generated or separately collected by activities carried out for business, commercial or community services purposes),
(e) lead paint waste arising otherwise than from residential premises or educational or child care institutions,
(f) anything that is classified as hazardous waste pursuant to an EPA Gazettal notice,
(g) anything that is classified as hazardous waste pursuant to the Waste Classification Guidelines,
(h) a mixture of anything referred to in paragraphs (a)-(g).

"liquid waste" means any waste (other than special waste) that includes any of the following:
(a) anything that:
(i) has an angle of repose of less than 5 degrees above horizontal, or
(ii) becomes free-flowing at or below 60°C or when it is transported, or
(iii) is generally not capable of being picked up by a spade or shovel,
(b) anything that is classified as liquid waste pursuant to an EPA Gazettal notice.

"restricted solid waste" means any waste (other than special waste, hazardous waste or liquid waste) that includes any of the following:
(a) anything that is classified as restricted solid waste pursuant to the Waste Classification Guidelines,
(b) anything that is classified as restricted solid waste pursuant to an EPA Gazettal notice.

"special waste" means any of the following:
(a) clinical and related waste,
(b) asbestos waste,
(c) waste tyres,
(d) anything that is classified as special waste pursuant to an EPA Gazettal notice.
(2) Despite subclause (1), in this Schedule, any waste that is classified as one of the following classes of waste, in accordance with an immobilised contaminants approval granted under Part 10 of the Protection of the Environment Operations (Waste) Regulation 2014 , is taken to be waste of that class:
(a) general solid waste (non-putrescible),
(b) general solid waste (putrescible),
(c) hazardous waste,
(d) restricted solid waste,
(e) special waste.

Division 2 - Other definitions

50 Other definitions

(1) In this Schedule:

"animal waste" includes dead animals and animal parts and any mixture of dead animals and animal parts.

"asbestos" means the fibrous form of those mineral silicates that belong to the serpentine or amphibole groups of rock-forming minerals, including actinolite, amosite (brown asbestos), anthophyllite, chrysotile (white asbestos), crocidolite (blue asbestos) and tremolite.

"asbestos waste" means any waste that contains asbestos.

"Australian Explosives Code" means the document entitled Australian Code for the Transport of Explosives by Road and Rail , published by the Commonwealth Department of Infrastructure, Transport, Regional Development and Local Government and as in force from time to time.

"biosolids" means the organic product that results from sewage treatment processes (sometimes referred to as sewage sludge).

"Biosolids Guidelines" means the document entitled Environmental Guidelines: Use and Disposal of Biosolids Products , published by the EPA and as in force from time to time, copies of which are held in the offices of the EPA.
Note : A copy of the guidelines is available on the EPA’s website (www.epa.nsw.gov.au).

"building and demolition waste" means unsegregated material (other than material containing asbestos waste or liquid waste) that results from:
(a) the demolition, erection, construction, refurbishment or alteration of buildings other than:
(i) chemical works, or
(ii) mineral processing works, or
(iii) container reconditioning works, or
(iv) waste treatment facilities, or
(b) the construction, replacement, repair or alteration of infrastructure development such as roads, tunnels, sewage, water, electricity, telecommunications and airports,
and includes materials such as:
(c) bricks, concrete, paper, plastics, glass and metal, and
(d) timber, including unsegregated timber, that may contain timber treated with chemicals such as copper chrome arsenate (CCA), high temperature creosote (HTC), pigmented emulsified creosote (PEC) and light organic solvent preservative (LOSP),
but does not include excavated soil (for example, soil excavated to level off a site prior to construction or to enable foundations to be laid or infrastructure to be constructed).

"clinical and related waste" means:
(a) clinical waste, or
(b) cytotoxic waste, or
(c) pharmaceutical, drug or medicine waste, or
(d) sharps waste.

"clinical waste" means any waste resulting from medical, nursing, dental, pharmaceutical, skin penetration or other related clinical activity, being waste that has the potential to cause injury, infection or offence, and includes waste containing any of the following:
(a) human tissue (other than hair, teeth and nails),
(b) bulk body fluids or blood,
(c) visibly blood-stained body fluids, materials or equipment,
(d) laboratory specimens or cultures,
(e) animal tissue, carcasses or other waste from animals used for medical research,
but does not include any such waste that has been treated by a method approved in writing by the Director-General of the Department of Health.

"coal" includes any other carbonaceous material.

"coal seam gas" means petroleum that:
(a) consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane, and
(b) is in a gaseous state at standard temperature and pressure, and
(c) is extracted from coal beds.

"contaminated soil" means soil that contains a substance at a concentration above the concentration at which the substance is normally present in soil from the same locality, being a presence that presents a risk of harm to human health or any other aspect of the environment, where
"harm to the environment" includes any direct or indirect alteration of the environment that has the effect of degrading the environment.

"cytotoxic waste" means any substance contaminated with any residues or preparations that contain materials that are toxic to cells principally through their action on cell reproduction.

"dangerous goods" has the same meaning as it has in the Transport of Dangerous Goods Code .

"effluent" means:
(a) waste water from sewage collection or treatment plants, or
(b) waste water from collection or treatment systems that are ancillary to processing industries involving livestock, agriculture, wood, paper or food, being waste water that is conveyed from the place of generation by means of a pipe, canal or conventional method used in irrigation (but not by means of a tanker or truck), or
(c) waste water from collection or treatment systems that are ancillary to intensive livestock, aquaculture or mariculture, being waste water that is released by means of a pipe, canal or other conventional method used in irrigation as part of day to day farming operations.

"electricity plant" includes all associated water storage, ash recovery and waste management facilities.

"EPA Gazettal notice" means a notice that has been published in the Gazette by the EPA, copies of which are held in the offices of the EPA.
Note : A copy of each EPA Gazettal notice is available on the EPA’s website (www.epa.nsw.gov.au).

"excluded material" means contaminated soil, grease trap waste, waste stored prior to its lawful discharge to a sewer or waters, septic tank waste, stormwater or recoverable oil or oil and water mixture.

"explosives" has the same meaning as it has in the Australian Explosives Code .

"food waste" means waste from the manufacture, preparation, sale or consumption of food but does not include grease trap waste.

"garden waste" means waste that consists of branches, grass, leaves, plants, loppings, tree trunks, tree stumps and similar materials, and includes any mixture of those materials.

"grease trap waste" means any grease, oil, solids, water or other matter:
(a) that results from the preparation or manufacturing of food, and
(b) that is collected in a grease trap in the usual course of the operation of the grease trap.

"manure" includes any mixture of manure and biodegradable animal bedding (such as straw).

"metropolitan area" means the area of Sydney, Newcastle, Central Coast and Wollongong bounded by and including the local government areas of Newcastle, Lake Macquarie, Wyong, Gosford, Hawkesbury, Blue Mountains, Penrith, Liverpool, Camden, Campbelltown, Wollongong and Shellharbour.

"mobile plant" means any equipment or machinery that:
(a) is capable of carrying on any one or more of the activities referred to in Part 1 of this Schedule, and
(b) is capable of moving under its own motive power or being transported, and
(c) is operated at a particular site on a temporary basis only (that is, for a total period of not more than 6 months in any 12-month period),
but does not include rolling stock.

"natural organic fibrous materials" means bagasse, peat, seed hulls and husks, straw and the like, and includes any mixture of those materials.

"on site" -see subclause (2).

"organics" means natural organic fibrous materials of waste and non-waste origin, including:
(a) putrescible organics (such as meat, fish, poultry, fruit, vegetable and their cooked or processed products, biosolids and animal materials), and
(b) non-putrescible organics (such as timber, garden trimmings, agricultural, forestry and crop materials, and natural fibrous organic and vegetative materials),
but does not include:
(c) human-made organic chemicals (such as solvents, industrial, agricultural, mining, household chemical cleaning agents and personal care products), or
(d) naturally occurring organic chemicals that have been refined and concentrated by human activity (such as oil, petrol, diesel and coal tar).

"pharmaceutical, drug or medicine waste" means waste:
(a) that has been generated by activities carried out for business or commercial purposes, and
(b) that consists of pharmaceutical or other chemical substances specified in the Poisons List made under section 8 of the Poisons and Therapeutic Goods Act 1966 .

"regulated area" means the area comprising the local government areas of Ashfield, City of Auburn, Ballina, Bankstown City, Bellingen, Blacktown City, Blue Mountains City, Botany Bay City, Burwood, Byron, Camden, Campbelltown City, Canada Bay, Canterbury City, Cessnock City, Clarence Valley, Coffs Harbour City, Dungog, Fairfield City, Gloucester, Gosford City, Great Lakes, Greater Taree City, Hawkesbury City, Holroyd City, Hornsby, Hunter’s Hill, Hurstville City, Kempsey, Kiama, City of Kogarah, Ku-ring-gai, Kyogle, Lake Macquarie City, Lane Cove, Leichhardt, Lismore City, Liverpool City, Maitland City, Manly, Marrickville, Mosman, Muswellbrook, Nambucca, Newcastle City, North Sydney, Parramatta City, Penrith City, Pittwater, Port Macquarie-Hastings, Port Stephens, Randwick City, Richmond Valley, Rockdale City, Ryde City, Shellharbour City, Shoalhaven City, Singleton, Strathfield, Sutherland Shire, City of Sydney, The Hills Shire, Tweed, Upper Hunter Shire, Warringah, Waverley, Willoughby City, Wingecarribee, Wollondilly, Wollongong City, Woollahra and Wyong.

"rolling stock" means:
(a) railway vehicles used or intended to be used to transport passengers or freight for reward, or
(b) railway vehicles used or intended to be used to maintain railway track and equipment (whether or not for reward),
but does not include railway vehicles that are used solely for heritage purposes.

"sharps" means those things:
(a) that have sharp points or edges capable of cutting, piercing or penetrating the skin (such as needles, syringes with needles or surgical instruments), and
(b) that are designed for the purpose of cutting, piercing or penetrating the skin, and
(c) that have the potential to cause injury or infection.

"sharps waste" means any waste collected from designated sharps waste containers used in the course of business, commercial or community service activities, being waste resulting from the use of sharps for any of the following purposes:
(a) human health care by health professionals and other health care providers,
(b) medical research or work on cadavers,
(c) veterinary care or veterinary research,
(d) skin penetration or the injection of drugs or other substances for medical or non-medical reasons,
but does not include waste that has been treated on the site where it was generated (and to a standard specified in an EPA Gazettal notice) or waste that has been treated by a method approved in writing by the Secretary of the Ministry of Health.

"thermal treatment" means the processing of wastes by burning, incineration, thermal oxidation, gasification, pyrolysis, plasma or other thermal treatment processes.

"toxic substance" has the same meaning as it has in the Transport of Dangerous Goods Code .

"Transport of Dangerous Goods Code" means the document called the Australian Code for the Transport of Dangerous Goods by Road and Rail (7th edition) approved by the Ministerial Council for Road Transport and published by the Commonwealth Government from time to time.

"virgin excavated natural material" means natural material (such as clay, gravel, sand, soil or rock fines):
(a) that has been excavated or quarried from areas that are not contaminated with manufactured chemicals, or with process residues, as a result of industrial, commercial, mining or agricultural activities, and
(b) that does not contain any sulfidic ores or soils or any other waste,
and includes excavated natural material that meets such criteria for virgin excavated natural material as may be approved for the time being pursuant to an EPA Gazettal notice.

"Waste Classification Guidelines" means the document entitled Waste Classification Guidelines , published by the EPA and as in force from time to time, copies of which are held in the offices of the EPA.
Note : A copy of the guidelines is available on the EPA’s website (www.epa.nsw.gov.au).

"waste tyres" means used, rejected or unwanted tyres, including casings, seconds, shredded tyres or tyre pieces.

"wood waste" means sawdust, timber offcuts, wooden crates, wooden packaging, wooden pallets, wood shavings and similar materials, and includes any mixture of those materials, but does not include wood treated with chemicals such as copper chrome arsenate (CCA), high temperature creosote (HTC), pigmented emulsified creosote (PEC) and light organic solvent preservative (LOSP).
(2) A reference to something being done in relation to waste
"on site" is a reference to that thing being done only on the premises on which the waste was generated.



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