Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 (Vic)

Environment Protection (Prescribed Waste)

(Amendment) Regulations 2000

S.R. No. 92/2000

TABLE OF PROVISIONS

Regulation Page

1.	Purpose	1
2.	Authorising provision	2
3.	Principal Regulations	2
4.	Commencement	2
5.	Change to purpose	2
6.	Substitution of regulation 2	2

2. Authorising provision 2

7.	Definitions	2
8.	Change to Divisional Headings	3
9.	Omit reference to "motor"	3
10.	Insertion of regulations 10−10J	3

10.	Application for a permit for the purposes of Part IXA	3
10A.	Conditions of permit	4
10B.	Annual fee for permit	6
10C.	Duration of permit	6
10D.	Application for transfer or amendment of permit	6
10E.	Authority may ask for more information	7
10F.	Authority-initiated amendment of permit	7
10G.	Surrender of permit	7
10H.	Suspension of permit	8
10I.	Revocation of permit	8
10J.	Procedure to be followed before revocation	9

11.	Minor changes concerning annual returns	10
12.	Changes concerning transport certificates	10
13.	Insertion of regulation 13A	10

13A. Information must be correct 11

14.	Change to accredited agents provision	11
15.	Changes to exemption provisions	11
16.	Insertion of regulation 16A	12

16A.	Matters to be considered by the Authority when granting
an exemption 12

17.	Changes to regulation 17	13
18.	Consequential change to regulation 18	15
19.	Introduction of an offence for contravening exemption
conditions.	15

i

Regulation Page

20. Insertion of regulation 20A 15

20A. Amendment of exemption 16

21.	Minor change to regulation 21	16
22.	Insertion of regulation 21A	16

21A.	Procedure to be followed before amendment or
revocation under this Part 17

23. Insertion of regulation 31 17

31. Delay before conditions apply to existing permits 17

24.	Insertion of Schedule 3	18
SCHEDULE 3—Additional vehicle requirements for certain

prescribed wastes	18
═══════════════

ENDNOTES 23

ii

STATUTORY RULES 2000

S.R. No. 92/2000

Environment Protection Act 1970

Environment Protection (Prescribed Waste)

(Amendment) Regulations 2000

The Governor in Council makes the following Regulations:
Dated: 26 September 2000

Responsible Minister:

SHERRYL GARBUTT

Minister for Environment and Conservation

HELEN DOYE

Clerk of the Executive Council

1. Purpose

The purpose of these Regulations is to amend the
Environment Protection (Prescribed Waste)

Regulations 1998—

(a) surrender, amendment, suspension and

to provide for the issue, operation, transfer, waste and prescribed industrial waste; and

(b)	to make changes concerning the granting of exemptions under those Regulations; and
(c)	to make various other amendments to those Regulations.

Environment Protection (Prescribed Waste) (Amendment)
Regulations 2000

r. 2 S.R. No. 92/2000

2. Authorising provisions

These Regulations are made under Part IXA and section 71 of the Environment Protection Act 1970.

3. Principal Regulations

In these Regulations the Environment Protection (Prescribed Waste) Regulations 19981 are called the Principal Regulations.

4. Commencement

These Regulations come into operation on

1 October 2000.

5. Change to purpose

For regulation 1(c) of the Principal Regulations
substitute—

"(c) provide for exempting persons from the

requirements of sections 19A(3A), 20(3A)
and 53A of the Act and Part 4 of these

Regulations.".

6. Substitution of regulation 2

For regulation 2 of the Principal Regulations
substitute—

"2. Authorising provisions

These Regulations are made under Part IXA
and section 71 of the Environment

Protection Act 1970.".

7. Definitions

In regulation 5 of the Principal Regulations, insert
the following definitions—

' "permit" means a permit to transport prescribed

waste or a permit to transport prescribed
industrial waste;

Environment Protection (Prescribed Waste) (Amendment)

Regulations 2000

S.R. No. 92/2000 r. 8

"prescribed fee" means the relevant fee

prescribed in the Environment Protection

(Fees) Regulations 19912;'.

8. Change to Divisional Headings

In Part 3 of the Principal Regulations—

(a)	in the heading to Division 1, before "Prescribed Waste" insert "Permit to Transport";
(b)	in the heading to Division 2, after "Waste" insert "Requirements".

9. Omit reference to "motor"

In regulation 8 of the Principal Regulations omit

"motor" (wherever occurring).

10. Insertion of regulations 10−10J

For regulation 10 of the Principal Regulations
substitute—

"10. Application for a permit for the purposes of

Part IXA

(1) An application by a person for a permit

under section 53A of the Act must—

(a) be made to the Authority; and

(b)	be made in a form and manner required by the Authority; and
(c)	be accompanied by the prescribed fee for the permit.

(2) In addition to the other matters the Authority

must or may consider, in assessing an
application the Authority must have regard
to whether the person applying for the permit
has a relevant financial assurance in place.

Environment Protection (Prescribed Waste) (Amendment)
Regulations 2000

r. 10 S.R. No. 92/2000

(3) The Authority must issue, or refuse to issue, a permit within 21 days after receiving—

(a)	an application for the permit that complies with sub-regulation (1); or
(b)	any extra information asked for under regulation 10E—

whichever is the later.
10A. Conditions of permit

(1) In addition to any conditions specified on 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)	a legible copy of the permit must be carried in the cabin of each vehicle covered by the permit at all times;
(c)	in the case of a vehicle that is covered by the permit being towed, a legible copy of the permit must be carried in the cabin of the towing vehicle;
(d)	a legible copy of the permit must be produced to an authorized officer upon demand;
(e)	the permit holder must advise the Authority as soon as is practicable of any change in the information taken into consideration by the Authority in granting the permit;
(f)

the permit holder must ensure that used to transport prescribed waste—

Environment Protection (Prescribed Waste) (Amendment)
Regulations 2000

r. 10

S.

R. No. 92/2000

(i)	that the prescribed waste does not escape, spill or leak from the vehicle at any time;
(ii)	that prescribed wastes of different types are not transported together unless they are compatible with

each other;

(iii) compatible with the containers

that the prescribed waste is waste;

(iv)

that only drivers who have the Authority drive the vehicle;

(v)

that the vehicle meets any Schedule 3;

(g) the permit holder must ensure that a vehicle covered by the permit is not used to transport prescribed waste that

must be placarded in accordance with through—

(i)  any tunnel which forms a part of the City Link Road; or

(ii)  any carriageway that forms an entrance ramp to such a tunnel; or

(iii) carriageway of the West Gate

that part of the eastbound exit in South Melbourne; or

Environment Protection (Prescribed Waste) (Amendment)
Regulations 2000

r. 10	S.	R. No. 92/2000
(iv) carriageway of the Monash

that part of the westbound exit, Melbourne.

(2) The condition specified by sub-regulation

(1)(g) does not apply with respect to a
vehicle only transporting any of the
prescribed wastes listed in clause 5 of
Schedule 3.

10B. Annual fee for permit

The prescribed fee in respect of a permit (other than a temporary permit) is due and payable on the day on which it is issued and on each anniversary of that day.

10C. Duration of permit

A permit remains in force for the period specified in the permit or, if no period is specified in the permit, until it is revoked,

suspended or surrendered.

10D. Application for transfer or amendment of

permit

(1) A person may apply to the Authority for a permit to be transferred or amended.

(2) An application for a transfer or amendment of a permit must—

(a)	be made in a form and manner approved by the Authority; and
(b)	be accompanied by the prescribed fee for transfer or amendment, if any.

Environment Protection (Prescribed Waste) (Amendment)

Regulations 2000

S.R. No. 92/2000 r. 10

(3) The Authority must transfer or amend, or

refuse to transfer or amend, a permit within

21 days after receiving—

(a)

an application for the transfer or regulation (2); or

(b) any extra information asked for under regulation 10E—

whichever is the later.

10E. Authority may ask for more information

(1) The Authority may ask a person who has

made an application under regulation 10 or
10D for more information concerning the
application if the information is necessary to
enable the Authority to properly assess the
application.

(2) The Authority may refuse the application if

the person does not give the Authority the
extra information asked for within a
reasonable time of being asked for the
information.

10F. Authority-initiated amendment of permit
(1) If the information taken into consideration

by the Authority in granting or transferring a permit has changed, the Authority may vary the permit to take account of the changed

circumstances.

(2) The Authority may make an administrative change to the content or format of a permit that does not alter the obligations of the

permit holder by giving the permit holder

written notice of the change.

10G. Surrender of permit

Environment Protection (Prescribed Waste) (Amendment)
Regulations 2000

r. 10 S.R. No. 92/2000

(1) A permit holder may surrender a permit by returning the permit to the Authority with a notice signed by the permit holder stating

that the permit holder surrenders the permit.
(2) If a permit is surrendered more than 30 days
before the date the next annual fee is due, the

Authority must refund to the person who held the permit the unexpired portion of the current annual fee, calculated to the nearest day.

10H. Suspension of permit

(1) The Authority may suspend a permit during

any time—

(a) the current business address of the permit holder is unknown; or

(b) the annual permit fee remains unpaid.
(2) The Authority may suspend a permit, for a

specified period of up to 30 days, if it has reasonable grounds for believing that the permit holder has not complied with any obligation imposed on the permit holder by

these Regulations or has not complied with a

condition specified in the permit.

10I. Revocation of permit

The Authority may revoke a permit if it is satisfied that—

(a)	any information supplied by the permit holder in applying for the permit was false or misleading; or
(b)	any other information taken into consideration by the Authority in issuing the permit has changed and the

continued use of the permit is likely to

Environment Protection (Prescribed Waste) (Amendment)

Regulations 2000

S.R. No. 92/2000	r. 10
result in an unacceptable risk of damage to the environment; or

(c)	the permit holder has not complied with any obligation imposed on the permit holder by these Regulations or has not complied with a condition specified in the permit; or
(d)	the permit holder has, since the permit was issued, been found guilty of one or more relevant offences (as defined in
section 20C(1) of the Act) and, as a result the person is, in the opinion of the Authority, no longer a fit and proper person to hold a permit.

10J. Procedure to be followed before revocation

(1) Before revoking a permit, the Authority—

(a) must give the holder of the permit a written notice—

(i)  that gives details of the action the Authority intends to take; and

(ii)  that gives the reasons why the Authority intends to take that action; and

(iii) comment on the Authority's
proposed course of action within

that invites the permit holder to and

(b) must consider any comments that are made by the permit holder within the time specified.

(2) The Authority must not specify a period of

less than 7 days under sub-regulation
(1)(a)(iii).".

Environment Protection (Prescribed Waste) (Amendment)
Regulations 2000

r. 11

r. 13 S.R. No. 92/2000

11. Minor changes concerning annual returns

For regulation 12(4) of the Principal Regulations
substitute—

"(4) A prescribed industrial waste producer who

is exempted under regulation 16(1)(b) must
lodge an annual return in accordance with
this regulation.

(5) Subject to sub-regulation (4), this regulation

does not apply to a prescribed industrial
waste producer who arranges for the removal
from the waste producer's premises, and the
transport, of 5 or less consignments of
prescribed industrial waste in the return
period.

(6) This regulation does not apply to a

prescribed industrial waste producer on
whose behalf an accredited agent authorised
under regulation 15(1)(e) has lodged an

annual return.".

12. Changes concerning transport certificates

(1) At the foot of regulation 13(1) of the Principal

Regulations insert—

"Penalty: 20 penalty units.".

(2) At the foot of regulation 13(2) of the Principal

Regulations insert—
"Penalty: 20 penalty units.".

(3) In regulation 13(6) of the Principal Regulations, for "8 penalty units" substitute "20 penalty units".

(4) In regulation 13(7) of the Principal Regulations, for "8 penalty units" substitute "20 penalty units".

13. Insertion of regulation 13A

Environment Protection (Prescribed Waste) (Amendment)

Regulations 2000 S.R. No. 92/2000

After regulation 13 of the Principal Regulations insert—

"13A. Information must be correct

A person who must comply with regulation
13(1), (2), (6) or (7) must ensure that any
information supplied on a transport
certificate under those provisions is correct.

Penalty: 20 penalty units.".

14. Change to accredited agents provision

After regulation 15(1)(d) of the Principal
Regulations insert—

"(e) authorise an accredited agent to lodge an

aggregated annual return, for the purposes of
regulation 12, with the Authority on behalf
of all prescribed industrial waste producers
with which the accredited agent has an

agreement or arrangement.".

15. Changes to exemption provisions

(1) For regulation 16(1) of the Principal Regulations

substitute—
"(1) The Authority may—

(a)	exempt a person or class of persons from complying with section 19A(3A) or 20(3A) of the Act;
(b)	exempt a person or class of persons from complying with regulations 13 and 14;
(c)	exempt a person or class of persons from complying with section 53A of the Act.".

Environment Protection (Prescribed Waste) (Amendment)
Regulations 2000

r. 16 S.R. No. 92/2000

(2) For regulation 16(3) of the Principal Regulations

substitute—
"(3) If a person or class of persons is exempted

under sub-regulation (1)(b), a person who transports waste for that person or class of persons, or receives waste from that person or class of persons, or produces waste which
that person or class of persons transports or
disposes of, is exempted from complying
with regulations 13 and 14 with respect to

that waste.".

16. Insertion of regulation 16A

After regulation 16 of the Principal Regulations insert—

"16A. Matters to be considered by the Authority when granting an exemption

In considering whether to grant an exemption, the Authority must have regard to—

(a)	the likelihood of an unacceptable risk of damage to the environment;
(b)	any applicable waste minimisation plans or waste management plans;
(c)	any applicable national environment protection measure made by the National Environment Protection Council;
(d)	any applicable State environment protection policy or industrial waste management policy;
(e)	the potential for diversion of the type of waste to a higher value use;
(f)	any recognised specifications or standards for the prescribed industrial

Environment Protection (Prescribed Waste) (Amendment)

Regulations 2000

S.R. No. 92/2000	r. 17
waste used for, or the product or material resulting from, the reuse or recycling of the waste or the recovery of energy from the waste;

(g)

commonly or best available reuse or recycling of the waste or recovery of energy from the waste;

(h) current best practice environmental
management guidelines appropriate to
the particular waste or industry and
current best practice environmental
management for the type of waste;

(i)  the likelihood of the interests of any other person being adversely affected;

(j) any other information provided to the Authority.".

17. Changes to regulation 17

(1) In regulation 17(1) of the Principal Regulations,

after "exempted" insert ", or to have an exemption
amended,".

(2) In regulation 17(2) of the Principal Regulations—

(a) after "application" omit "must";

(b) in paragraph (a), before "be" insert "must";

(c) for paragraphs (b), (c) and (d) substitute— "(b) must be accompanied by—

(i)  a description of the prescribed industrial waste, including its contaminants and contaminant

concentrations and its physical
state;

(ii)  a description of any hazardous characteristics of the prescribed

Environment Protection (Prescribed Waste) (Amendment)
Regulations 2000

r. 17 S.R. No. 92/2000

industrial waste, including an
indication as to whether it is
explosive, flammable, oxidising,
poisonous, infectious, corrosive or
ecotoxic or contains organic
peroxides or is capable of
spontaneous combustion or
reactions which generate

hazardous substances;

(iii) storage, reuse, recycling, energy
recovery, reprocessing, treatment

details of the proposed form of industrial waste;

(iv)  details of the measures to be taken to ensure the applicant's proposal is not likely to result in an unacceptable risk of damage to the environment; and

(v) exemption under regulation
16(1)(a), details of the reuse,
recycling or energy recovery
operations, including the rate of

in the case of an application for the process and waste storage.".

(3) After regulation 17(2) of the Principal Regulations

insert—

"(2A) The Authority may request the applicant to provide the following information—

(a)	the quantity of prescribed industrial waste expected to be dealt with over a 12 month period;
(b)	the origin of the prescribed industrial waste expected to be dealt with over the

Environment Protection (Prescribed Waste) (Amendment)
Regulations 2000

r. 18
r. 20

S.R. No. 92/2000

period of the exemption, including, if
known, the name and address of the
prescribed industrial waste producer,
the place of production and the type of

activity resulting in its generation;

(c)	any waste minimisation plans or waste management plans prepared by or for the applicant; and
(d)	exemption under regulation 16(1)(b), the names and addresses of the proposed waste receivers, waste

in the case of an application for of energy.".

(4) In regulation 17(3) of the Principal Regulations,

for "The" substitute "In addition to any

information requested under sub-regulation (2A),
the".

18. Consequential change to regulation 18

In regulation 18 of the Principal Regulations—

(a) in sub-regulation (1) omit "(1)";
(b) sub-regulation (2) is revoked.

19.  Introduction of an offence for contravening exemption conditions

At the end of regulation 20 of the Principal
Regulations insert—

"(2) A person must not contravene any condition

imposed in relation to an exemption granted
under this Part.

Penalty: 20 penalty units.".

20. Insertion of regulation 20A

Environment Protection (Prescribed Waste) (Amendment)
Regulations 2000

r. 22 S.R. No. 92/2000

After regulation 20 of the Principal Regulations insert—

"20A. Amendment of exemption

(1) The Authority may amend any exemption granted under this Part if it is satisfied that—

(a)	the amendment is necessary or desirable in the light of changes to the circumstances that existed at the time the Authority granted the exemption; and
(b)	amending the exemption will not result in an unacceptable risk of damage to the environment.

(2) If the Authority amends an exemption it

must—

(a) Government Gazette and in a

publish the amended exemption in the throughout Victoria; and

(b) notify the person whose exemption was amended within 7 days after the amendment.".

21. Minor change to regulation 21

After regulation 21(1)(c) of the Principal

Regulations insert—

"; or

(d) the activities in respect of which the exemption was granted have ceased.".

22. Insertion of regulation 21A

Environment Protection (Prescribed Waste) (Amendment)

Regulations 2000 S.R. No. 92/2000

After regulation 21 of the Principal Regulations insert—

"21A. Procedure to be followed before

amendment or revocation under this Part

(1) Before amending or revoking an exemption granted under this Part, the Authority—

(a) must give the holder of the exemption a written notice—

(i)  that gives details of the action the Authority intends to take; and

(ii)  that gives the reasons why the Authority intends to take that action; and

(iii) exemption to comment on the
Authority's proposed course of

that invites the holder of the the notice; and

(b) must consider any comments that are made by the holder of the exemption within the time specified.

(2) The Authority must not specify a period of

less than 7 days under sub-regulation
(1)(a)(iii).".

23. Insertion of regulation 31

After regulation 30 of the Principal Regulations
insert—

"31. Delay before conditions apply to existing

permits

(1) This regulation applies to any permit that

was in force on the day regulation 10 of the Environment Protection (Prescribed Waste)

Environment Protection (Prescribed Waste) (Amendment)
Regulations 2000

r. 24 S.R. No. 92/2000

(Amendment) Regulations 2000 came into

operation.

(2) If the permit was not, immediately before

that day, subject to any particular condition
listed in regulation 10A, the holder of the
permit need not comply with that condition

before 1 April 2001.

(3) If the permit was, immediately before that

day, subject to any particular condition that was directed at the same subject matter as a condition listed in regulation 10A, the holder
of the permit need not comply before 1 April
2001 with the condition imposed by

regulation 10A.

(4) Sub-regulation (3) ceases to apply with

respect to a condition if the Authority

removes the condition from the permit.".

24. Insertion of Schedule 3

After Schedule 2 to the Principal Regulations insert—

"SCHEDULE 3

Regulation 10A

ADDITIONAL VEHICLE REQUIREMENTS FOR CERTAIN

PRESCRIBED WASTES

PART A

1. Vehicles must be placarded

(1) A vehicle transporting prescribed waste, in a quantity of

1000 litres or kilograms or more, which can also be
classified as dangerous goods under the Road Transport
(Dangerous Goods) Act 1995 must have a class label and
Emergency Information Panel fixed on it in accordance with
the requirements of the Road Transport (Dangerous
Goods) Act 1995 or as depicted in Part B of this Schedule.

Environment Protection (Prescribed Waste) (Amendment)

Regulations 2000

S.R. No. 92/2000 r. 24

(2) Despite sub-clause (1), a vehicle transporting any volume of

pharmaceutical products which can also be classified as
Class 6.1 dangerous goods under the Road Transport
(Dangerous Goods) Act 1995 must have a class label fixed
on it in accordance with the requirements of the Road

wastes from the production, preparation and use of an Emergency Information Panel fixed on it.

(3) A vehicle transporting any volume of wastes from the

production, preparation and use of pharmaceutical products
that are also cytotoxic wastes must also display the
cytotoxic symbol depicted in Figure 1 in white on a purple

background—

Figure 1.

2. Transporting Prescribed Waste in Bulk

(1) A vehicle transporting bulk prescribed waste must be

placarded in accordance with the requirements of the Road goods in bulk.

(2) For the purpose of this clause, bulk prescribed waste is

prescribed waste that is being transported in a tipper, tanker
or container with a capacity of 1000 litres or kilograms or

more of prescribed waste.

3. Packaged Prescribed Waste

(1) A vehicle transporting packaged prescribed waste of an

aggregate net quantity of 1000 litres or kilograms or more must be placarded in accordance with the requirements of the Road Transport (Dangerous Goods) Act 1995 for
packaged dangerous goods.

(2) For the purpose of this clause, packaged prescribed waste is prescribed waste that is being transported in packages or in containers with a capacity less than 1000 litres or kilograms.

Environment Protection (Prescribed Waste) (Amendment)
Regulations 2000

r. 24 S.R. No. 92/2000

(3) When prescribed waste is being transported, the packages or combination of packages must be marked and packaged in a manner approved by the Authority.

4. Requirements for emergency situations

(1) A vehicle transporting prescribed waste must comply with the safety equipment requirements of the Road Transport (Dangerous Goods) Act 1995.

(2) A vehicle transporting prescribed waste must comply with

the emergency information requirements of the Road
Transport (Dangerous Goods) Act 1995.

PART B

5.  Prescribed Wastes displaying 30XY Emergency Information Panel

(1) A vehicle transporting the following prescribed wastes in

bulk must display the 30XY Emergency Information Panel
depicted in Figure 2—

(a) animal and vegetable oils and derivatives;

(b) animal effluent and residues including abattoir effluent and poultry and fish processing wastes;

(c) grease interceptor trap effluent;
(d) inert sludges or slurries;
(e) non-toxic salts;

(f) vegetable, fruit, food processing effluent;

(g)	vehicle, machinery and industrial plant washwaters with or without detergents;
(h)	waste oil and mixtures or emulsions and hydrocarbon and water mixtures or emulsions;

(i) waste oils unfit for their original intended use.

(Clause 5(1) of Sch. 3).

Figure 2.

Environment Protection (Prescribed Waste) (Amendment)
Regulations 2000

r. 24 r. 24

S.R. No. 92/2000

(2) Class labels are not to be displayed when a 30XY

Emergency Information Panel is displayed in accordance with sub-clause (1).

(3) The 30XY Emergency Information Panel must comply with the dimensions (in millimetres) specified in Figure 2.

(4) This clause only applies to prescribed wastes listed in sub- clause (1) to which Part A does not apply.

PART C

6. Clinical and related wastes

(1) A vehicle transporting any volume of clinical and related

wastes must have the class label depicted in Figure 3 in
black on a yellow background fixed on the front and rear of
the vehicle.

Figure 3.

(2) When clinical and related wastes are being transported, the packages or combination of packages must be marked and packaged in a manner approved by the Authority.".

Environment Protection (Prescribed Waste) (Amendment)

Regulations 2000 S.R. No. 92/2000

═══════════════

Environment Protection (Prescribed Waste) (Amendment)
Regulations 2000

Endnotes

S. R. No. 92/2000

ENDNOTES

1 Reg. 3: S.R. No. 95/1998.

2 Reg. 7 def. of "prescribed waste": S.R. No. 228/1991.