VersionNo. 004
Environment Protection (Industrial Waste Resource) Regulations2009
S.R. No. 77/2009
Version incorporating amendments as at
7 December 2016
table of provisions
RegulationPage
1
RegulationPage
Part 1—Preliminary
1Objectives
2Authorising provisions
3Commencement
4Revocation
5Definitions
Part 2—Assessing, categorising and classifying industrial waste and prescribedindustrial waste
6Producer to assess and categorise prescribed industrial waste
7Avoidance or reduction opportunity
8Reuse or recycling opportunity
9Treatment or reprocessing opportunity
10Hazard categorisation
11Determining management option and classification by hazard
Part 3—Transport and management of waste
12Display of permit identification label
13Transporting industrial waste
14Application for a permit to transport prescribed industrial waste for the purpose of PartIXA
15Conditions of permit
16Duration of permit and expiry
17Notice of renewal of permit
18Renewal of permit
19Application for transfer or amendment of permit
20Authority may ask for more information
21Authority-initiated amendment of permit
22Surrender of permit
23Suspension of permit
24Cancellation of permit
25Procedure to be followed before cancellation
26Transporting prescribed industrial waste
27Waste container
28Exemption from section 53A and Part 4
29Authority may grant class exemptions of its own motion
30Power of Authority to suspend, amend or revoke exemptions
31Conditions that may be imposed on an exemption
32Compliance required with conditions on an exemption
Part 4—Prescribed industrial waste
33Transport certificates
34Information must be correct
35Records to be retained
36Accredited agents
37Procedure to be followed before cancellation
Part 5—Exempt material where established secondary beneficial reuse
38AADefinition
38Exemption for secondary beneficial reuse
39Establishing a secondary beneficial reuse
40Matters to be declared in notification
41Authorising notification
42Advising authorisation
43Conditions for secondary beneficial reuse
44Amendment of notification
45Revocation of notification
46Procedure to be followed before amendment or revocation under this Part
Part 6—Administration
47Certificates, records, applications etc.
Part 7—Transitional
48Savings for certain existing permit conditions and accreditations
Schedules
Schedule 1—Industrial wastes
Schedule 2—Hazard categories
Schedule 3—Transport information
Schedule 4—Additional vehicle requirements for certain industrial wastes
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Endnotes
1General information
2Table of Amendments
3Amendments Not in Operation
4Explanatory details
1
VersionNo. 004
Environment Protection (Industrial Waste Resource) Regulations2009
S.R. No. 77/2009
Version incorporating amendments as at
7 December 2016
1
Part 1—Preliminary
Environment Protection (Industrial Waste Resource) Regulations2009
S.R. No. 77/2009
Part 1—Preliminary
1Objectives
The objectives of these Regulations are to—
(a)assist industry to implement the principle of wastes hierarchy as set out in section 1I of the Environment Protection Act 1970;
(b)prescribe requirements for assessing, categorisingand classifying industrial waste and prescribed industrial waste for the purposes of the Environment Protection Act 1970;
(c)encourage industry to utilise industrial waste as a resource through exempting material from categorisation as prescribed industrial waste where a secondary beneficial reuse is established;
(d)prescribe requirements for the transport and management of prescribed industrial waste including requirements for the tracking of prescribed industrial waste.
Note
The purposes of the Act include the creation of a legislative framework for the protection of the environment in Victoria having regard to the principles of environment protection. One of the principles of environment protection is the principle of wastes hierarchy set out in section 1I of the Act, which provides that the most preferable management option is avoiding waste production, and the least preferable management option is disposal.
2Authorising provisions
These Regulations are made under Part IXA and section 71 of the Environment Protection Act1970.
3Commencement
These Regulations come into operation on 1 July 2009.
4Revocation
(1)The Environment Protection (Prescribed Waste) Regulations 1998[1] are revoked.
(2)The Environment Protection (Prescribed Waste) (Amendment) Regulations 2000[2] are revoked.
(3)The Environment Protection (Prescribed Waste) (Amendment) Regulations 2007[3] are revoked.
5Definitions
(1)In these Regulations—
Asbestos—Transport and Disposalmeans the part titled "Asbestos—Transport and Disposal" of the Industrial Waste Guidelines;
Reg. 5(1) def. of beneficial reuse
inserted by S.R. No. 136/2016 reg.5(1).
beneficial reuse means use as a substitute for aninput or raw material in a commercial, industrial, trade or laboratory activity wherethe substitute—
(a)has one or more similar hazard properties to the input or raw material; and
(b)would not require any environmental risk management controls other than the controls required for the input or raw material;
category A waste means the type of prescribed industrial waste referred to in clause 1 of Schedule 2;
category B waste means the type of prescribed industrial waste referred to in clause 2 of Schedule 2;
category C waste means the type of prescribed industrial waste referred to in clause 3 of Schedule 2;
Reg. 5(1) def. of direct beneficial reuse
substituted by S.R. No. 136/2016 reg.5(2).
direct beneficial reuse means a beneficial reuse without prior treatment or reprocessing of the input or raw material substitute;
energy recovery means generating heat energy from prescribed industrial waste;
exempt materialmeans any industrial waste or mixture containing industrial waste—
(a)for which a secondary beneficial reuse is established in accordance with Part 5; or
(b)which is classified as non-prescribed industrial waste by the Authority in accordance with Part 2;
Reg. 5(1) def. of hazard category inserted by S.R. No. 136/2016 reg.5(1).
hazard category means the type of prescribed industrial waste referred to in Schedule 2, being category A waste, category B waste orcategory C waste;
Industrial Waste Guidelines means the"Industrial Waste Guidelines" published in Special Gazette No.S177 on 9June 2009 and as in force from time to time;
permit means a permit to transport prescribed industrial waste;
practicably accessible means that having regard to the location of the premises and the scale of the business conducted by the prescribed industrial waste producer and the financial viability of that business, the technology and facilities are reasonably available and reasonably affordable;
Reg. 5(1) def. of prescribed feeamended by S.R. No. 136/2016 reg.5(3).
prescribed fee means the relevant fee prescribed in the Environment Protection (Fees) Regulations 2012[4];
prescribed industrial waste means any industrial waste or mixture containing industrial waste other than industrial waste or a mixture containing industrial waste that—
(a)is aSchedule 1 industrial waste; or
(b)has a direct beneficial reuse and has been consigned for use; or
(c)is exempt material; or
(d)is not category A waste, category B waste or category C waste;
prescribed industrial waste producer means an occupier of premises from which prescribed industrial waste is produced and—
(a)disposed of on the premises; or
(b)transported from the premises, other than through a sewer;
principle of wastes hierarchy means the principle of environment protection set out in section1I of the Act;
reprocessing does not include reusing or recycling prescribed industrial waste or energy recovery from prescribed industrial waste;
Schedule 1 industrial waste means a waste or mixture of wastes listed in Schedule 1;
Reg. 5(1) def. of secondary beneficial reuse
substituted by S.R. No. 136/2016 reg.5(4).
secondary beneficial reuse means a beneficial reuse following any form of treatment or reprocessing of the input or raw material substitute;
Soil Thresholds meansthe table titled "Soil Hazard Categorisation Thresholds" of the Industrial Waste Guidelines;
Solid Industrial Waste Thresholds means thetable titled "Solid Industrial Waste Hazard Categorisation Thresholds" of the Industrial Waste Guidelines;
the Act means the Environment Protection Act1970;
Reg. 5(1) def. of trade wastesubstituted by S.R. No. 136/2016 reg.5(5).
trade waste has the same meaning as in regulation5 of the Water (Trade Waste) Regulations 2014[5];
treatment means any form of physical or chemical alteration other than reprocessing, including but not limited to composting, energy recovery and applying to land;
waste receiver means an occupier of premises licensed by the Authority, or premises exempt from licensing requirements, who disposes of, treats, stores or reprocesses prescribed industrial waste;
waste transporter means a person who transports prescribed industrial waste on a highway.
Note
For the purposes of these Regulations, industrial waste is defined in section 4(1) of the Act as meaning—
(a)any waste arising from commercial, industrial or trade activities or from laboratories; or
(b)any waste containing substances or materials which are potentially harmful to human beings or equipment.
(2)For the purposes of the Environment Protection Act 1970,these Regulations prescribe industrial waste to be—
(a)category A waste;
(b)category B waste;
(c)category C waste;
(d)Schedule 1 industrial waste.
Part 2—Assessing, categorising and classifying industrial waste and prescribedindustrial waste
6Producer to assess and categorise prescribed industrial waste
A prescribed industrial waste producer must—
(a)assess and categorise prescribed industrial waste in accordance with this Part; and
(b)manage prescribed industrial waste in accordance with any relevant classification under this Part.
7Avoidance or reduction opportunity
(1)A prescribed industrial waste producer must assessprocesses undertaken or proposed to be undertaken at the producer's premises that produce or have the potential to produce prescribed industrial waste against the following tests of whether there is an opportunity for avoidance or reduction—
(a)Available: Technology and facilities are practicably accessible for altering or augmenting the processes or proposed processes to avoid the production of, or if that is not possible, to reduce the production or potential production of such waste;
(b)Not available: Technology and facilities arenot practicably accessible for altering or augmenting the processes or proposed processes to avoid the production of, or if that is not possible, to reduce the production or potential production of such waste.
(2)Where an avoidance or reduction opportunity is assessed as—
(a)available under regulation 7(1)(a) it must be implemented;
(b)not available under regulation 7(1)(b), prescribed industrial waste produced must be assessed in accordance with regulation 8.
8Reuse or recycling opportunity
(1)A prescribed industrial waste producer must assess prescribed industrial waste against the following tests of potential for reuse or recycling where required to do so by regulation 7(2)(b)—
(a)Available: The prescribed industrial waste has potential for reuse or recycling and technology and facilities necessary to realise this potential are practicably accessible;
(b)Not available: The prescribed industrial waste does not have potential for reuse or recycling or technology and facilities necessary to realise this potential are not practicably accessible.
(2)Prescribed industrial waste assessed as satisfying—
(a)regulation 8(1)(a) must be reused or recycled;
(b)regulation 8(1)(b) must be assessed in accordance with regulation 9.
9Treatment or reprocessing opportunity
(1)A prescribed industrial waste producer must assess prescribed industrial waste against the following tests of potential for treatment or reprocessing where required to do so by regulation8(2)(b)—
(a)Available: The prescribed industrial waste can be treated or reprocessed to reduce the requirement for residual management, and technology and facilities necessary to realise this potential are practicably accessible;
(b)Not available: The prescribed industrial waste cannot be treated or reprocessed to reduce the requirement for residual management, or technology and facilities necessary to realise this potential are not practicably accessible.
(2)Subject to subregulation (3), prescribed industrial waste assessed as satisfying—
(a)regulation 9(1)(a) must be treated or reprocessed and then assessed in accordance with regulation 8;
(b)regulation 9(1)(b) must be categorised in accordance with regulation 10.
(3)Despite anything to the contrary in these Regulations, prescribed industrial waste must not be diluted, mixed or otherwise treated where this would reduce—
(a)the potential for reusing or recycling; or
(b)the hazard category of the waste for the purposes of disposal—
unless the treatment is necessary to obtain a better environmental outcome.
10Hazard categorisation
Where regulation 9(2)(b) requires a prescribed industrial waste producer to categorise prescribed industrial waste in accordance with this regulation, the prescribed industrial waste must be categorised in terms of hazard posed in accordance with Schedule 2.
11Determining management option and classification by hazard
(1)The Authority may—
(a)classify any industrial waste as prescribed industrial waste; or
(b) classify any industrial waste as non-prescribed industrial waste; or
(c) further classify any industrial waste or prescribed industrial waste in accordance with this Part.
(2)The Authority may specify conditions and limitations that apply to a classification under subregulation (1).
(3)A classification issued by the Authority under this Part may—
(a)determine a management option for industrial waste or prescribed industrial waste in accordance with this Part; or
(b)classify industrial waste or prescribedindustrial waste according to hazard.
(4)A classification issued by the Authority under this Part may be of general or specific application.
(5)If a classification issued by the Authority under this Part—
(a)is of general application, it must be published in the Government Gazette; and
(b)is of specific application, the Authority may publish a summary of the classification on the Internet on a website maintained by the Authority.
(6)A waste producer must manage industrial waste or prescribed industrial waste in accordance with any relevant classification issued by the Authority.
(7)The Authority may issuea classification of its own motion or on application from a waste producer wherethe Authority is satisfied that the classification is consistent with—
(a) the principles of environment protection set out in sections 1B to 1L of the Act; and
(b)any applicable national environment protection measure made by the National Environment Protection Council; and
(c)any applicable State environment protection policy or waste management policy.
(8)A classification issued under clause 11 of the Industrial Waste Management Policy (Prescribed Industrial Waste) 2000 No. S183, published on 5December 2000,as in force immediately before the commencement of these Regulations, continues to have effect as a classification for the purposes of this Part.
Part 3—Transport and management of waste
12Display of permit identification label
A person holding a permit under section 53F of the Act must display the current permit identification label supplied by the Authority on every vehicle in respect of which the person holds a permit.
Penalty:20penalty units.
13Transporting industrial waste
A waste transporter transporting industrial waste listed in clause 2 of Schedule 4 must meet any relevant vehicle requirements under Schedule 4.
14Application for a permit to transport prescribed industrial waste for the purpose of PartIXA
(1)The owner of a vehiclemay apply for a permit to transport prescribed industrial waste under section53F of the Act bysubmitting to the Authority—
(a)an application for a permit; and
(b)a declaration that the vehicle to which the permit will apply is fit for the purpose of transporting the prescribed industrial waste specified in the application; and
(c)the prescribed fee for the permit.
(2)The Authority must issue, or refuse to issue, a permit within 21 days after receiving—
(a)an application for the permit that complies with subregulation (1); or
(b)any other information requested by the Authority in accordance with regulation20—
whichever is the later.
15Conditions of permit
In addition to any conditions specified in a permit by the Authority, a permit is subject to the following conditions—
(a)no wastes other than those listed in the permit are to be transported under the permit;
(b)the permit holder must advise the Authority as soon as is practicable of any change in the information provided to the Authority in the application for the permit;
(c)the permit holder must ensure that when a vehicle to which the permit applies is used to transport prescribed industrial waste—
(i)the prescribed industrial waste does not escape, spill or leak from the vehicle at any time;
(ii)prescribed industrial wastes of different types are not transported together unless they are compatible with each other;
(iii)the containers used to contain the prescribed industrial waste are compatible with the prescribed industrial waste;
(iv)only drivers who have undertaken training approved by the Authority drive the vehicle;
(v)the vehicle meets any relevant requirements under Schedule 4;
(d)where a vehicle to which the permit applies is used to transport waste requiring placarding in accordance with Schedule 4, the permit holder must ensure that the vehicle complies with any determinations with regard to prohibited routes made under the Dangerous Goods Act 1985;
(e)the permit holder must ensure that any spillage, leak, escape or other loss is reported to the Authority immediately;
(f)the permit holder must ensure that where a declaration has been made by the permit holder to the Authority that the vehicle to which the permit applies is fit for the purpose of transporting the prescribed industrial waste as specified in the permit in accordance with regulation 14 or 19, the vehicle and associated insurance and approvals are maintained in accordance with that declaration whenever the vehicle is transporting prescribed industrial waste.
16Duration of permit and expiry
(1)If the Authority issues a permit it must record in the permit the expiry date of the permit.
(2)A permit expires at the end of the day recorded as the permit expiry date unless it is earlier revoked, suspended or surrendered.
17Notice of renewal of permit
(1)The Authority must send a permit holder a notice to renew stating thatthe permit will expire if it is not renewed on or before a specified date.
(2)If the Authority fails to send a notice of renewal, the permit expires on the date specified in the permit.
(3)When the Authority sends a notice to renew under subregulation (1), the Authority must require a permit holder to provide a declaration that the vehicle to which the permit applies is fit for the purpose of transporting the prescribed industrial waste as specified in the permit.
18Renewal of permit
A permit holder may apply for renewal of the permit by submitting to the Authority—
(a)an application for renewal of the permit; and
(b)payment of the prescribed permit fee for renewal of the permit for the relevant period; and
(c)a declaration by the applicant that the vehicle to which the permit will apply is fit for the purpose of transporting the prescribed industrial waste as specified in the application.
19Application for transfer or amendment of permit
(1)The owner of a vehicle may apply to the Authority for a permit in respect of the vehicle to be transferred or amendedby submitting to the Authority—
(a)an application for transfer or amendment of the permit; and
(b)a declaration by the applicant that the vehicle to which the permit will apply is fit for the purpose of transporting the prescribed industrial waste as specified in the application; and
(c)the prescribed fee for transfer or amendment.
(2)The Authority must transfer or amend, or refuse to transfer or amend, a permit within 21 days after receiving—
(a)an application for transfer or amendment of the permit that complies with subregulation(1); or
(b)any other information requested by the Authority in accordance with regulation20—
whichever is the later.
20Authority may ask for more information
(1)The Authority may require by notice in writing a person who has made an application under regulation 14 or 19 to provide to the Authority within a reasonable time specified in the notice any additional information concerning the application that the Authority considers necessary to enable the Authority to properly assess the application.
(2)The Authority may refuse the application if the person does not provide the Authority with the additional information requested within the time specified in the notice.