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Publication 1756 September 20193639185-1209040Contents TOC \o "1-3" \h \z \u About this summary PAGEREF _Toc17887456 \h 1Definitions PAGEREF _Toc17887457 \h 1Overview of the new laws PAGEREF _Toc17887458 \h 1Waste in Victoria PAGEREF _Toc17887459 \h 1Victoria’s changing environment laws PAGEREF _Toc17887460 \h 1Duties under the Act PAGEREF _Toc17887461 \h 2Proposed waste regulations PAGEREF _Toc17887462 \h 2Quick guide of the Act and proposed Regulations PAGEREF _Toc17887463 \h 31.Classification PAGEREF _Toc17887464 \h 42.Transport PAGEREF _Toc17887465 \h 63.Lawful place PAGEREF _Toc17887466 \h 7Next steps PAGEREF _Toc17887467 \h 9About this summary This summary explains the waste framework in the proposed Environment Protection Regulations. For more information about what is in these proposed Regulations, please see the Guide to the proposed Environment Protection Regulations (EPA Publication 1753).DefinitionsCategory: waste destined for landfill and contaminated soils fall into several categories. These are based on their hazard characteristics and type of contamination. These categories inform appropriate management and disposal. Sometimes the process of applying a category is called categorisation.Classification: the process of investigating waste so it can be identified and appropriately managed. This is outlined in the proposed regulations. A classified waste may be assigned a waste code and placed in a category.Waste code: a code which is applied to waste for the purpose of identification and management. Lawful place: a place which is lawfully authorised to receive industrial waste. A lawful place will usually require an Environment Protection Authority Victoria (EPA) permission or a Declaration of Use.Overview of the new lawsWaste in VictoriaManaging waste is a complex and challenging task. Waste can cause great harm to human health and the environment. A high level of technical knowledge is often required to understand it. Poor waste management also comes at a great financial cost. It is estimated that Victoria spends $193 million every year on: stockpile firesclean-up of abandoned waste illegal waste siteslost revenue.Waste is a complex area with many risks – so it is important to have effective regulations to prevent harm and support safe waste management.Victoria’s changing environment lawsNew EP legislation (the Environment Protection Act 2017 as amended by the Environment Protection Amendment Act 2018) is intended to commence on 1 July 2020. The new EP legislation introduces a new approach to environmental issues for Victoria, focusing on preventing waste and pollution impacts rather than managing those impacts after they have occurred. For an overview of the new EP legislation, see Factsheet: Environment Protection Amendment Act.The new EP legislation aims to create a framework that prevents harm, with minimum burden on industry, protecting the health of the environment and all Victorians.Duties under the ActThe cornerstone of the new EP legislation is the general environmental duty (GED). The GED requires Victorians to understand and minimise their risks of harm to human health and the environment, from pollution and waste. For more information on the GED, see Industry guidance: supporting you to comply with the general environmental duty (EPA publication 1741). The new EP legislation also introduces specific waste duties to address the risks and complexities of waste. These duties apply to businesses that generate, transport or receive industrial waste, i.e. duty holders. These duties are listed below in Table 1. Proposed waste regulationsThe proposed waste Regulations set out how the duties in the new EP legislation are to be met by duty holders. They add to the new EP legislation and convert these duties into actions to follow. The aims of the proposed waste Regulations are to:manage risks to human health and the environment support and encourage waste resource recovery and reuse.The three steps to managing industrial waste under the legislation and the proposed Regulations are:Classification: what is the waste? Industrial waste must be properly identified and classified. This makes it clear what duties apply to the management of the waste. Transportation: how should waste be transported safely? Waste must be safely contained during transportation. Some waste types have specific containment and isolation requirements.Lawful place: where must the waste go to? Industrial waste may only go somewhere lawfully able to receive it, such as a place with an EPA permission. center27178000These three steps assist with compliance with the GED. See Figure 1, below.Figure 1. Overview of the waste frameworkQuick guide of the Act and proposed RegulationsTables 1 and 2 list duties in the new EP legislation, key areas of the proposed Regulations, and indicate which duty holders they apply to. Table 1. Duties in the new EP legislation The new EP legislationDutiesSectionGeneral environmental duty25Duties of persons depositing industrial waste133Duties of persons receiving industrial waste (‘lawful place’)134 and 3(1)** Duty of persons involved in transporting industrial waste135Duties of persons managing priority waste139Duty to investigate alternatives to waste disposal140Duty to notify of transaction in reportable priority waste142Duty of persons transporting reportable priority waste143** In s.3(1), see the definition of ‘authorised to receive industrial waste’.Table 2. Key areas of the proposed RegulationsProposed RegulationsKey areaProposed RegulationClassification61, 62, 66-70, Schedule 5Transport71-85Lawful place63Waste Categories62, 67, 68, Schedule 6Declaration of Use64PermissionsSchedule 1Designations86, 87Accredited Consigners88, 89ClassificationThe proposed Regulations aim to make classification easier and more accurate. The framework places a strong emphasis on pre-classifying wastes to reduce the need for sampling, and costly and time-consuming analysis.Industrial, priority and reportable priority wasteUnder the Act, waste can be either industrial waste or both industrial and priority waste. Some priority wastes are also reportable priority wastes. Industrial waste is the broad category covering all waste. This includes household waste once it is gathered at a waste facility (e.g. transfer station, landfill).Priority waste is industrial waste which require additional controls due to their higher level of hazard, potential to be mismanaged or to encourage resource recovery or efficiency.Reportable priority waste is a subset of priority waste and carries the highest level of controls. It is reserved for waste types with the highest levels of risk. Controls for this type of waste include transportation only by permitted vehicles and mandatory reporting to EPA each time the waste is exchanged. The duties and obligations associated with these waste categories accumulate. For example, reportable priority waste must be managed in accordance with the industrial, priority and reportable priority waste duties. The proposed framework allows for controls to be proportionate to the level of risk. This is unlike the current regulations and Environment Protection Act 1970 framework which use a one-size-fits-all approach. Figure 2. Types of industrial wasteClassifying wasteAll waste needs to be classified to determine what type of industrial waste it is and how it should be managed.In the proposed regulations, there is a reduced need for sampling waste through a three-tiered process:First, check the pre-classified list. Most waste types are covered here. In many cases this is all that will be required to classify waste.If the waste isn’t in the pre-classified list check the Waste classification assessment protocol. This protocol explains how to classify wastes which are not on the pre-classified list, as well as mirror codes (see below). If the waste cannot be classified using the first 2 steps, conduct sampling and testing, or seek an EPA designation. Designation is explained below. For contaminated soils, and where a priority waste is destined for landfill, it must be further categorised as Category A, B, C, D or soil containing asbestos only. This is explained further below in ‘contaminated soil’.Pre-classified listUnder the proposed Regulations, EPA will pre-classify most commonly generated wastes into industrial, priority or reportable priority waste categories, with a small selection covered by mirror codes (see below). These are listed under Schedule 5 of the proposed Regulations. Mirror codesSome wastes are potentially hazardous in some circumstances, but not in others. For example, drilling muds may be hazardous when contaminated with hydraulic fluids. They are non-hazardous if the mud is not contaminated. For these wastes, a mirror code is proposed. A mirror code would be like other waste codes except it would have two variations: hazardous (code ending in -H) or non-hazardous (code ending in -NH). A hazardous variant of a mirror code would have additional controls and requirements to the non-hazardous variant. Contaminated soilContaminated soils must be categorised as either Category A, B, C, D, ‘Soil containing asbestos only’ or ‘Fill material’.For information about the thresholds which determine these categories, see Waste disposal categories – characteristics and thresholds.Categories A, B and C These are like the existing categories in the current Environment Protection (Industrial Waste Resource) Regulations 2009 (IWRR) framework. For general information on the IWRR framework see ‘Prescribed industrial waste classifications’ on the EPA website. The thresholds which determine these categories are outlined in Waste disposal categories – characteristics and thresholds. Category A, B and C soils are considered reportable priority waste.Category DThe proposed Regulations include a new proposed category, that allows for alternative uses. It covers soil with lower levels of contamination than Category C. Category D soils can be safely contained at the same project site where the soil was unearthed. This option allows Category D soils to be safely diverted from hazardous-waste landfills. Containment of the Category D soils on the unearthing site will be subject to a 5-year permit and site management orders, including an appropriate container. Alternatively, Category D soil may go to lower grade landfills, subject to standing statutory planning requirements. This soil is considered reportable priority waste.Soil containing asbestos onlyThis is soil where the only contaminant is asbestos. It is considered reportable priority waste. Fill material This is soil which is safe for direct application to land. Contamination levels could not exceed the minimum Category D thresholds specified in EPA guidance. Fill material would be subject to the Declaration of Use tool explained below. Fill material is considered industrial waste.DesignationSometimes strictly applying the instructions of the classification process may not be appropriate, and an exception is needed. In these cases, EPA could re-classify a waste through a designation. A designation doesn’t enable a waste to be excluded from the classification framework. Accredited consignersThese are approved professionals, appointed by EPA, with knowledge of how to lawfully manage specific types of waste. Accredited consigners could assist duty holders to classify their waste, ensure the waste reaches a lawful place and that all duties have been met. It is optional for a waste producer to work with an accredited consigner.TransportWaste must be transported safely and lawfully at all times. Under the new EP legislation, there are specific duties that apply for 'the person in management or control' of waste. It is proposed that accredited consigners could assist with classification, transport and lawful place requirements. These are discussed above.Waste tracking EPA must be informed every time a reportable priority waste is exchanged. EPA is developing a new electronic waste tracker tool to support compliance with this duty. Duty holders may use the EPA waste tracker or provide data from their own tracking tools using an Application Program Interface. Transport permissions The new EP legislation states transportation of reportable priority waste must be done in accordance with the appropriate EPA permission (e.g. vehicle permit). Schedule 1 of the proposed Regulations sets out which waste activities require a permission.Lawful placeA key requirement of the Act is that all industrial waste reaches a site that is lawfully able to receive it. This is referred to as a lawful place. A lawful place might also be authorised to engage in activities such as resource recovery or landfill disposal. The Act requires persons depositing, transporting or receiving industrial waste to take all reasonable steps to ensure it arrives at such a location.The lawful place framework is designed to be:a comprehensive framework which covers all industrial activities and wastes. This ensures that there are no loopholes or gaps that could result in harm.Allowing risk management controls which are:proportionate for the level of risktailored for different circumstances; andflexible, to allow for industry to do what’s best for their circumstance.170561078613000The proposed Regulations outline how a receiver of industrial waste could be considered a lawful place. Duty holders could obtain one of three EPA permissions: licence, permit or registration. In some instances, the Declaration of Use tool could also be used. These permissions and tools have different levels of requirements based on risk. This is indicated in Figure 3, below. Figure 3. Different permission types and tools by risk and requirements to complyFor information about which activities would require licences, permits and registrations see Schedule 1 of the proposed regulations.Licence Licences are proposed to be required for the most complex waste management activities which pose the greatest risk.Permit Permits are proposed to be required for waste activities which pose a moderate level of risk or for higher risk waste activities that are less complex. Permits may be appropriate for some larger volume waste management activities that are prone to mismanagement, fire or abandonment. Registration Registrations are proposed to be required for some low-moderate risk waste activities where standard controls can be used. They may also be appropriate for instances when there are emerging risks which are not well understood and a ‘precautionary approach’ is warranted. Registration will be a low burden way for some waste activities to be considered a ‘lawful place’.Declaration of UseDeclaration of Use (DoU) is the proposed tool to support safe storage, reuse and recovery of material derived from different types of lower risk wastes. Storage, reuse and recovery of higher risk wastes will require an EPA permission. DoU will involve a self-assessment for the duty holder to complete, which will describe the waste, assess its risks and identify legitimate use. Proposed regulation 64 sets out the circumstances in which a DoU will be able to be used.Under the new EP legislation, the duty to deposit waste at a lawful place will apply to all industrial wastes, including those that are intended for reuse or recovery. A DoU will enable this duty to be met easily and will allow risks to be managed and encourage information sharing in the reuse and recovery market. DoUs will not need to be submitted to EPA, but in order to establish that a site is a ‘lawful place’, an authorised EPA officer may ask to see the DoU.Which wastes may a DoU cover?A DoU will be able to be used for certain types of industrial waste or priority waste. A DoU will not be available for reportable priority wastes ; related activities will instead require a permission. When may a DoU be used?A DoU will generally be able to be used for the activities such as the following (where they do not require an EPA permission):immediate use of waste for resource recoveryapplication to land of certain processed organic wastes on-site treatment or containment of fill materialoff-site storage of fill material for a period of no more than 60 days. When will a DoU not apply?A DoU will not be appropriate when:the activity requires an EPA permissiona waste requires further processing or storage it is a high risk or reportable priority wastea waste is not intended for reuse.What form will a DoU take?The DoU will be a short statement or checklist. It will usually be only a couple of pages in length. EPA intends to enable industry to develop and improve the DoU over time. Guidance will be provided to support industry on the required manner and form of a DoU.How long will a DoU remain valid?DoUs will be valid for up to 12 months, or until the waste’s form changes. A new DoU will not be needed every time the same kind of waste is received.Next stepsEPA and DELWP have now released the following documents for public comment:proposed Regulations, proposed Transitional Regulations and a related Regulatory Impact Statement (RIS)proposed Environment Reference Standard (ERS) and a related Impact Assessment (IA).These documents and the information on methods to provide comments can be accessed through Engage Victoria: engage..au.? We invite you to read these documents and provide your comments on the content by 31 October 2019.Please contact EPA on 1300 372 842 (1300 EPA VIC) or email sublegreform@epa..au if you require more information. DisclaimerThe information in this publication is for general guidance only. It does not constitute legal or other professional advice and should not be relied on as a statement of the law. As it is intended only as a general guide, it may contain generalisations. You should obtain professional advice for your specific circumstances. ................
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