New South Wales Consolidated Regulations

PROTECTION OF THE ENVIRONMENT OPERATIONS (WASTE) REGULATION 2005

- Made under the Protection of the Environment Operations Act 1997
- As at 11 November 2009
- Reg 497 of 2005

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   3A.     Additional substances prescribed as waste
   3B.     Definition of “waste”

   PART 2 - CONTRIBUTIONS BY OCCUPIERS OF SCHEDULED WASTE FACILITIES AND MONITORING REQUIREMENTS

   4.      Definitions
   4A.     Payment of contributions
   5.      Contributions payable in relation to scheduled waste facilities where adequate records kept
   6.      Contributions payable in relation to scheduled waste facilities where inadequate records kept
   7.      Payment of contributions by holder of supervisory licence
   8.      Interest on unpaid contributions
   9.      Exemption of certain occupiers from requirement to pay contributions
   10.     Certain types of waste exempted from calculation of contributions
   11.     Approval of operational purpose
   11A.    Deductions from contributions
   12.     Records to be kept by waste facilities
   13.     Waste contribution monthly reports
   14.     Volumetric surveys
   15.     Weighbridges
   16.     Video monitoring systems

   PART 3 - WASTE TRACKING REQUIREMENTS

           Division 1 - Preliminary

   17.     Definitions
   18.     Transportation of waste to which Part applies
   19.     Transportation of waste to which Part does not apply
   20.     Exemptions relating to other types of waste

           Division 2 - Obligations on consignor of waste

   21.     (Repealed)
   22.     Obligations on consignor of waste relating to transportation of waste
   23.     Copy of waste transport certificate to be given to occupier of waste facility

           Division 3 - Obligations on transporter of waste

   24.     Obligations on transporters of waste

           Division 4 - Obligations on receiver of waste

   25.     Obligations on receiver of waste relating to waste
   26.     Receiver of waste may accept or reject waste

           Division 5 - Authorised agents

   27.     Appointment of authorised agent
   28.     Approval of authorised agents

           Division 6 - Consignment authorisations

   29.     Issue of consignment authorisations
   30.     Approval of receivers of waste to issue consignment authorisations
   31.     Expired or revoked consignment authorisation

           Division 7 - Record keeping and returns

   32.     Record keeping requirements relating to occupiers of waste facilities
   33.     Record keeping requirements relating to consignors of waste
   34.     Record keeping requirements relating to transporters of waste
   35.     Record keeping requirements relating to receivers of waste
   36.     Returns by receivers of waste
   37.     Approved record-keeping systems

           Division 8 - Miscellaneous

   38.     Exemption relating to authorised interstate transporters of waste
   39.     Defences
   40.     Offences relating to false information about waste
   41.     Approved forms

   PART 4 - MANAGEMENT OF SPECIAL WASTES

   42.     Special requirements relating to asbestos waste
   43.     Special requirements relating to clinical and related waste

   PART 5 - PROHIBITION AGAINST USING CERTAIN WASTE FOR GROWING VEGETATION

   44.     Definitions
   45.     Residue waste not to be applied to certain land
   46.     Exemptions relating to residue waste

   PART 5A - WASTE AND SUSTAINABILITY IMPROVEMENT SCHEME

   46A.    Definitions
   46B.    Waste and sustainability improvement guidelines
   46C.    Application for waste and sustainability improvement payments
   46D.    Determination of application
   46E.    Calculation of amount of waste performance improvement payment
   46F.    Payment of waste and sustainability improvement payment

   PART 5B - RECYCLING OF CONSUMER PACKAGING

   46G.    Definitions
   46H.    Brand owners of products
   46I.    Application of Part
   46J.    EPA is to set targets for the recovery of materials
   46K.    Persons must recover, re-use and recycle waste materials etc
   46L.    Persons must prepare waste action plan
   46M.    Record keeping

   PART 6 - MISCELLANEOUS

   47.     Reporting requirements for non-paying landfills
   48.     Requirements relating to storage of waste generally
   49.     Requirements relating to transportation of waste generally
   49A.    Condition of licence for trackable waste
   50.     Immobilisation of contaminants in waste
   51.     General provisions relating to exemptions
   51A.    Exemptions relating to certain waste
   51B.    Exemptions relating to transportation of waste
   52.     Offence of providing false information
   53.     Savings and transitional provisions
   54.     Interim regulatory provisions
   55.     Amendment of Protection of the Environment Operations (Penalty Notices) Regulation 2004
           SCHEDULE 1
           SCHEDULE 2