Version No. 003
Environment Protection (Scheduled Premises and Exemptions) Regulations 1996
S.R. No. 66/1996
Version as at 25 May 2006
table of provisions
RegulationPage
1
RegulationPage
Part 1—Preliminary
1.Objectives
2.Authorising provision
3.Commencement
4.Definitions
Part 2—Scheduled Premises
5.Scheduled premises
6.How conflict to be resolved if premises falls into more than 1category
Part 3—Exemptions
7.Schedule three exemptions
8.Exemptions from licensing at scheduled premises
9.Exemptions from both works approval and licensing
Part 4—Transitional Provision
10.Certain premises to continue to be scheduled until next anniversary of the day the licence was issued
11.Revocation
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Table A—Scheduled Premises
Description of premises
1.Waste treatment, disposal and recycling
2.Primary industry and allied operations
3.Mining
4.Animal derived by-products and food
5.Textiles
6.Wood and wood derivatives
7.Chemicals including petroleum
8.Non-metallic minerals
9.Metals and engineering
10.Printing
11.Utilities
12.Other
Table B—Exemptions
1.Air
2.Noise
3.Land or Water
4.Wastes
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 003
Environment Protection (Scheduled Premises and Exemptions) Regulations 1996
S.R. No. 66/1996
Version as at 25 May 2006
1
Environment Protection (Scheduled Premises and Exemptions) Regulations 1996
S.R. No. 66/1996
Part 1—Preliminary
1.Objectives
The objectives of these Regulations are to prescribe scheduled premises, for the purposes of the Environment Protection Act 1970, and to provide for exemptions from provisions of the Act.
2.Authorising provision
These Regulations are made under section 71 of the Environment Protection Act 1970.
3.Commencement
(1)These Regulations (other than Regulation 7 and item 2 in Table B) come into operation on 25 July 1996.
(2)Regulation 7 and item 2 in Table B come into operation upon the coming into operation of section 19A(3AA) of the Act.
4.Definitions
In these Regulations—
"Act" means the Environment Protection Act1970;
"animal unit" means 1 head of cattle or 5 pigs or 5 of any other kind of mammal;
"chemical process" means any process where a chemical change occurs but does not include physical processes such as mixing or blending;
"decant" in respect of a schedule six premises means—
(a)to transfer an ozone-depleting substance from one container to another for use by a person other than the transferor; or
(b)to remove an ozone-depleting substance from a container for the purposes of producing goods intended for use by a person other than the remover;
r. 4
"prescribed industrial waste" means industrial waste which is prescribed by the Environment Protection (Prescribed Waste) Regulations 1987[1];
"reprocessing" in respect of a schedule six premises means the recovery of an
ozone-depleting substance from equipment for return to a producing plant and reformulation before being available for reuse;
"total organic compounds" means total compounds of carbon which contain at least one carbon to carbon bond, as well as methane, its derivatives and carbon tetrachloride.
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Part 2—Scheduled Premises
5.Scheduled premises
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(1)The premises listed in Table A are prescribed as schedule one, schedule two and schedule three premises for the purposes of the Act.
(2)In addition to being prescribed as schedule one premises, schedule two premises and schedule three premises as provided by sub-regulation (1)—
(a)if a paragraph in Table A states that a premises is also a schedule four premises, the premises is prescribed as a schedule four premises for the purposes of the Act;
(b)if a paragraph in Table A states that a premises is also a schedule five premises, the premises is prescribed as a schedule five premises for the purposes of the Act.
(3)For the purposes of the Act premisesused to decant at least 125 tonnes of an ozone-depleting substance in any 3 month period, except premises which decant any ozone-depleting substance solely for the purposes of recovery from equipment for the re-use, recycling, reprocessing or disposal of the substances are prescribed as schedule six premises.
6.How conflict to be resolved if premises falls into more than 1category
If a premises falls into 2 or more of the categories listed in Table A and the premises is exempt in relation to one category but is not exempt in relation to one or more of the other categories, the exemption in relation to the first category does not apply to the premises.
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Part 3—Exemptions
7.Schedule three exemptions
r. 7
If a works approval in relation to sections 19A(1) or (2) or (3A) of the Act is not required under the Regulations in respect of a premises in Table A then a works approval under section 19A(3AA) is not required in respect of the premises.
8.Exemptions from licensing at scheduled premises
(1)If a paragraph in Table A states that a premises is exempt from licensing, section 20 of the Act does not apply to the occupier of the premises to the extent stated in the paragraph.
(2)If a paragraph in Table A states that a premises is exempt from licensing for discharges or emissions to the atmosphere, section 20(1) of the Act does not apply to the occupier of the premises to the extent stated in the paragraph.
(3)If a paragraph in Table A states that a premises is exempt from licensing for discharges or deposits to land, or discharges or deposits to water, section 20(2) of the Act does not apply to the occupier of the premises to the extent stated in the paragraph.
9.Exemptions from both works approval and licensing
In respect of any item in Table B, sections 19A and 20 of the Act do not apply to the extent stated in the item.
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Part 4—Transitional Provision
10.Certain premises to continue to be scheduled until next anniversary of the day the licence was issued
r. 10
Despite anything to the contrary in these Regulations, if a premises was prescribed as a schedule one premises, a schedule two premises or a schedule four premises immediately before these Regulations came into operation, the premises is deemed to continue to be so prescribed as a schedule one premises, a schedule two premises or a schedule four premises until the next anniversary of the day the licence in respect of the premises was issued.
11.Revocation
The Environment Protection (Scheduled Premises and Exemptions) Regulations 1995[2] are revoked.
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Table A—Scheduled Premises
Description of premises
1.Waste treatment, disposal and recycling
Table A
(a)Storage, treatment, reprocessing or disposal facilities handling any prescribed industrial waste not generated at the premises.
These premises are also schedule four premises.
(b)Storage, treatment, reprocessing or disposal facilities handling any waste generated at the premises and which consists of cadmium, cadmium compounds, mercury, mercury compounds, polychlorinated biphenyls or any mixture containing polychlorinated biphenyls, organochlorine pesticides or germicides, arsenic or arsenic compounds except for the following premises
(i)a laboratory, dental clinic or pharmacy; or
(ii)those premises, with solely land discharges or deposits, used for the discharge or deposit of mining wastes, in accordance with the Extractive Industries Development Act 1995 or the Mineral Resources Development Act 1990.
All category 1(b) premises are also schedule four premises.
(c)Waste treatment works engaged in the immobilisation, incineration or other treatment of waste.
(d)Premises on or from which sewage (including sullage) effluent, exceeding a design or actual flow rate of 5000 Litres per day, is discharged or deposited;
(e)Landfills used for the discharge or deposit of solid wastes onto land being
(i)municipal landfill facilities serving 500 or more people; or
(ii)land disposal facilities for solid wastes (including solid industrial wastes) except premises, with solely land discharges or deposits, used only for the discharge or deposit of mining wastes and in accordance with the Extractive Industries Development Act 1995 or the Mineral Resources Development Act 1990.
Table A
Municipal landfill premises serving less than 5000people are exempt from licensing.
All category 1(e) premises are also schedule five premises.
(f)Land disposal facilities for the disposal of nightsoil, septic tank sludge or sewage treatment plant sludge.
(g)Facilities for treatment of waste by aerobic or anaerobic composting or vermiculture, which are designed to produce more than 10 tonnes per day of compost.
These premises are exempt from licensing.
2.Primary industry and allied operations
(a)Intensive animal industry, being premises upon which are situated piggeries or cattle feedlots and the like, where more than 5,000 animals are confined for the purposes of agricultural production.
Premises discharging or depositing waste solely to land are exempt from licensing.
(b)Livestock sale yards or holding pens which are designed to have a throughput of at least 10,000 animal units per year.
Premises discharging or depositing waste solely to land are exempt from licensing.
(c)Fish farms or other facilities for the cultivation of edible aquatic organisms with a design water flow rate of 02 or more megalitres per day.
Premises discharging or depositing waste solely to land are exempt from licensing.
3.Mining
Table A
(a)Extractive industry including mining and quarrying but excluding eductor dredging; except premises with solely land discharges or deposits used only for the discharge or deposit of mining wastes and that are in accordance with the Extractive Industries Development Act 1995or the Mineral Resources Development Act 1990.
4.Animal derived by-products and food
(a)Abattoirs, knackeries or poultry processing works which are designed to have a throughput of more than 200 tonnes per year.
(b)Seafood processingworks with a processing capacity of more than 200 tonnes per year of seafood.
These premises are exempt from licensing.
(c)Rendering works, being works for the manufacture or extraction of non-edible substances derived from animals.
(d)Animal skin tanning, curing and finishing works.
(e)Pet food processing or pet food manufacturing works, which are designed to produce at least 200tonnes per year of pet food.
(f)Food processing works, being a works in which food is preserved, canned, bottled, or dried by means of fuel fired plant, and which are designed to produce at least 200 tonnes per year of food.
(g)Milk processing or dairy product manufacturing works, which are designed to produce at least 200tonnes per year of product(s).
These premises are exempt from licensing for discharges or emissions to the atmosphere.
(h)Edible oil or fat processing works, where either solvent extraction or edible oil or fat deodorising takes place, which are designed to produce at least 200 tonnes per year of product(s).
Table A
(i)Beveragemanufacturing or processing works; except wineries processing less than 300 tonnes per year of grapes and retaining all wastes on site.
Premises discharging or depositing waste solely to land are exempt from licensing.
5.Textiles
(a)Textilemanufacturing and processing works including carpet manufacturing, wool scouring, textile bleaching, textile dyeing and textile finishing works.
Premises other than those engaged in both dyeing and finishing are exempt from licensing for discharges or emissions to the atmosphere.
6.Wood and wood derivatives
(a)Timber preserving works.
(b)Fibreboard, chip board, or particle board works, being a works in which wood, wood products or other cellulose materials are processed to form fibreboard, chip board or particle board.
(c)Pulp or paper mills, being works in which wood, wood products, waste paper or other cellulose materials are processed to form pulp, paper or cardboard.
Premises employing processes other than Kraft or Neutral Sulphite Semi Chemical processes are exempt from licensing for discharges to the atmosphere.
7.Chemicals including petroleum
(a)Chemical works
(i)where products are manufactured by any chemical process, and which are designed to produce at least 2000 tonnes per year of chemical products; or
Table A
(ii)where acrylic compounds, herbicides, insecticides or pesticides are manufactured by any chemical process.
(b)Coal processing works, being works in which coal is converted to gaseous, liquid or solid products.
(c)Oil or gas refinery works, being works in which crude oil or gas is refined or hydrocarbon fractions are produced.
(d)Bulk storage facilities whichhave a total design capacity of more than 10 megalitres (in tanks exceeding 10 000 L capacity) and which store compounds of carbon (including petroleum products or oil) which
(i)contain at least one carbon to carbon bond, as well as derivatives of methane; and
(ii)are liquid at Standard Temperature and Pressure.
These premises are also schedule five premises.
8.Non-metallic minerals
(a)Cement works in which
(i)clays or limestone materials are used in either a furnace or a kiln in the production of cement clinker; or
(ii)cement clinker or clays or limestone or like materials are ground.
(b)Concrete or bitumen batching works which are designed to have a throughput of at least 100tonnes per week.
These premises are exempt from licensing.
(c)Ceramic works, being works in which bricks, tiles, pipes, pottery goods or refractories are processed in dryers or kilns, which are designed to produce at least 10,000 tonnes per year of ceramic product(s).
(d)Mineral wool or ceramic fibre works.
Table A
(e)Glass works, being works manufacturing glass by the melting of raw materials.
9.Metals and engineering
(a)Primary metallurgicalworks, being works in which ores or ore concentrates are processed or smelted to produce metal.
(b)Metal melting works, being works in which any metal melting is performed in furnaces, having a total design rate of at least 10 tonnes per hour forferrous foundries, or 2 tonnes per hour for non-ferrous foundries.
(c)Metal galvanisingworks which are designed to have a throughput of at least 5000 tonnes per year of steel.
(d)Metal finishingworks, including electroplating of metal or plastic, anodising, electroforming or printed circuit board manufacturing.
These premises are exempt from licensing for discharges or emissions to the atmosphere.
(e)Can and drum coating works, in which surface coating is applied to metal before or after the metal is formed into cans, closures, coils or drums.
Premises which discharge or emit to the atmosphere less than 100 kilograms per day of total organic compounds are exempt from licensing.
(f)Vehicle assembly or sub-assembly works which are designed to produce at least 2000 units per year.
10.Printing
Table A
(a)Printing works using more than 100 kilograms per day of organic compounds that have a boiling range between 50 Celsius and 260 Celsius.
Premises using heat set web offset lithographic (HSWOL) printing plant are exempt from licensing for discharges or emissions to the atmosphere with respect to HSWOL printing plant.
11.Utilities
(a)Power stations which generate electrical power from the consumption of a fuel at a rated capacity of at least 5 Megawatt electrical power.
(b)Potable water treatmentplants which are designed to have a throughput of more than 1megalitre per day.
These premises are exempt from licensing.
12.Other
(a)Premises which discharge or emit, or from which it is proposed to discharge or emit, to the atmosphere any of the following—
(i)at least 100 kilograms per day of—
total organic compounds,
particulate matter,
sulphur oxides,
nitrogen oxides, or
other acid gases (excluding carbon dioxide);
(ii)at least 500 kilograms per day of carbon monoxide;
Table A
(iii)any quantity of the following substances from industrial plant or fuel burning equipment
asbestos (except from brake debonding works),
benzene,
mercury,
vinyl chloride monomer,
toluene-2, 4 di-isocyanate (TDI), or
diphenylmethane di-isocyanate (MDI).
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Table B—Exemptions
1.Air
Table B
Works approval under section 19A(1) and a licence under section 20(1) are not required with respect to discharges or emissions to air from
(a)a source, other than an incinerator or an afterburner, discharging or emitting less than each of the following
(i)100 kg per day Oxides of Nitrogen; and
(ii)10 kg per day Oxides of Sulphur; and
(iii)10 kg per day Carbon Monoxide; and
(iv)10 kg per day Particulates (except asbestos and heavy metals); and
(v)5 kg per day total organic compounds except for the emissions of odorous compounds or those referred to in
sub-paragraph (vi); and
(vi)01 gram per minute total organic compounds listed in category 12(a)(iii) of Table A.
(b)an incinerator used to burn wood, paper or cardboard only;
(c)a standby engine;
(d)fire fighting training activities;
(e)a spray booth, extractor vent system or fume cupboard used in product development or in a laboratory;
(f)a safety relief valve or rupture disc;
(g)a vent on a wastewater treatment system except at a sewage treatment plant;
(h)a general room or building ventilation point;
(i)a food cooker or a kitchen range;
(j)an acid or alkali tank;
(k)vents on fuel storage tanks which meet technology specifications acceptable to the Authority;
(l)hand-held or other portable cleaning, maintenance and construction equipment.
2.Noise
Works approval under section 19A(3AA) is not required with respect to emissions of noise from
activities at premises which have fixed plant with a total capacity of less than 200 kilowatts of mechanical power.
Table B
3.Land or Water
Works approval under section 19A(2) and a licence under section 20(2) are not required with respect to discharges or deposits to land or water from
(a)an enclosed drain connected to sewer;
(b)a municipal stormwater drainage system, except a modified or common effluent drainage system;
(c)an emergency relief structure or other installations in the sewers of a sewerage authority;
(d)an effluent reuse scheme or activity which meets discharge, deposit and operating specifications acceptable to the Authority.
4.Wastes
Works approval under section 19A(3A) and a licence under section 20(4) are not required with respect to
(a)storage of 40 cubic metres or less of any biomedical waste by a municipal council, a hospital, an ambulance service or any organisation appointed by the State Coordinator of DISPLAN;
Table B
(b)a temporary plant for the onsite treatment of waste where the activity meets technology, deposit, discharge and emission specifications acceptable to the Authority and which is limited to a maximum cumulative operating time of 6 months within any 3 year period.
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ENDNOTES
Endnotes
1.General Information
The Environment Protection (Scheduled Premises and Exemptions) Regulations 1996, S.R.No.66/1996 were made on 16 July 1996 by the Governor in Council, on the recommendation of the Environment Protection Authority, under section 71 of the Environment Protection Act 1970, No.8056/1970 and came into operation as follows:
Regulations 1–6, 8–11, Table A, Table B items 1, 3 and 4 on 25 July 1996: regulation 3(1).
Regulation 7 and Table B item 2 on 1 November 2001: regulation 3(2).