Environment Protection (Prescribed Waste) (Amendment) Regulations 2007 (Vic)

Environment Protection (Prescribed Waste) (Amendment) Regulations 2007

S.R. No. 76/2007

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definitions

5Transport certificates

6Amendment of Schedule 1—Types of prescribed industrial waste

Types of Prescribed Industrial Waste

1Category A waste

2Category B waste

3Category C waste

7Amendment of Schedule 2

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ENDNOTES

STATUTORY RULES 2007

S.R. No. 76/2007

Environment Protection Act 1970

Environment Protection (Prescribed Waste) (Amendment) Regulations 2007

The Governor in Council on the recommendation of the Authority makes the following Regulations:

Dated: 26 June 2007

Responsible Minister:

JOHN THWAITES
Minister for Water, Environment and Climate Change

RUTH LEACH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Environment Protection (Prescribed Waste) Regulations 1998, as a consequence of the passage of the Environment Protection (Amendment) Act 2006, to insert definitions of prescribed industrial waste.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 July 2007.

4Definitions

In regulation 5 of the Environment Protection (Prescribed Waste) Regulations 1998[1] insert the following definitions—

'ASLP₁ thresholds means the leachable concentration thresholds specified in Appendix 3 to Publication 996;

ASLP₂ thresholds means the leachable concentration thresholds specified in Appendix 3 to Publication 996;

category A waste means the type of prescribed industrial waste referred to in clause 1 of Part C in Schedule 1;

category B waste means the type of prescribed industrial waste referred to in clause 2 of Part C in Schedule 1;

category C waste means the type of prescribed industrial waste referred to in clause 3 of Part C in Schedule 1;

Industrial Waste Management Policy (Prescribed Industrial Waste) means the Environment Protection Act 1970: Industrial Waste Management Policy (Prescribed Industrial Waste) published in the Victoria Government Gazette No. S183 on 5 December 2000, as amended from time to time;

Publication 364 means the publication titled "The Transport and Disposal of Waste Asbestos" published by the Authority in November 2004 and as amended from time to time or republished by the Authority;

Publication 448 means the publication titled "Classification of Wastes" published by the Authority in 2007 and as amended from time to time or republished by the Authority;

Publication 996 means the publication titled "Guidelines for Hazard Classification of Solid Prescribed Industrial Wastes" published by the Authority in June 2005 and as amended from time to time or republished by the Authority;

TC₁ thresholds means the total contaminant concentration thresholds specified in Appendix 3 to Publication 996;

TC₂ thresholds means the total contaminant concentration thresholds specified in Appendix 3 to Publication 996;'.

5Transport certificates

In regulation 13(1) of the Environment Protection (Prescribed Waste) Regulations 1998 for "A prescribed" substitute "Unless otherwise specified in writing by the Authority, a prescribed".

6Amendment of Schedule 1—Types of prescribed industrial waste

(1)In Part B of Schedule 1 to the Environment Protection (Prescribed Waste) Regulations 1998—

(a)for the item commencing "Contaminated soils (low level)" and ending "by the Authority" substitute—

"Contaminated soil that is either category A waste, category B waste or category C waste";

(b)the item commencing "Contaminated soils with contaminant concentrations" and ending "by the Authority" is revoked.

(2)After Part B of Schedule 1 to the Environment Protection (Prescribed Waste) Regulations 1998 insert—

'Part C

Types of Prescribed Industrial Waste

1Category A waste

Category A waste is prescribed industrial waste—

(a)that can be classified as dangerous goods under the Road Transport (Dangerous Goods) Act 1995 and falls within one or more of the following classes under that Act—

(i)Class 1;

(ii)Class 4.1;

(iii)Class 4.2;

(iv)Class 4.3;

(v)Class 5.1;

(vi)Class 5.2;

(vii)Class 6.2;

(viii)Class 8; or

(b)that generates gases when it comes into contact with air or water that can be classified as Class 2.3 dangerous goods under the Road Transport (Dangerous Goods) Act 1995; or

(c)with any contaminant concentration greater than the TC₂ thresholds specified in Appendix 3 to Publication 996 except for prescribed industrial waste that is contaminated soil; or

(d)with any leachable concentration greater than the ASLP₂ thresholds specified in the table in Appendix 3 to Publication 996 except for prescribed industrial waste that is contaminated soil; or

(e)that is contaminated soil with—

(i)any contaminant concentration greater than the contaminant concentrations specified in Table 4 of Publication 448; or

(ii)any leachable concentration greater than the leachable concentrations specified in Table 4 of Publication 448; or

(f)that the Authority has classified as Category A waste in accordance with Clause 11 of the Industrial Waste Management Policy (Prescribed Industrial Waste).

2Category B waste

(1)Subject to subclause (2) category B waste is prescribed industrial waste—

(a)with—

(i)any contaminant concentration greater than the TC₁ but not exceeding the TC₂ thresholds specified in Appendix 3 to Publication 996 except for prescribed industrial waste that is contaminated soil; or

(ii)any leachable concentration greater than the ASLP₁ but not exceeding the ASLP₂ thresholds specified in Appendix 3 to Publication 996 except for prescribed industrial waste that is contaminated soil; or

(b)that is contaminated soil with—

(i)any contaminant concentration greater than those specified in Table 3, but not exceeding those specified in Table 4 of Publication 448; or

(ii)any leachable concentration greater than those specified in Table 3, but not exceeding those specified in Table 4 of Publication 448; or

(c)that the Authority has classified as Category B waste in accordance with Clause 11 of the Industrial Waste Management Policy (Prescribed Industrial Waste).

(2)This clause does not apply to prescribed industrial waste that is category A waste under clause 1.

3Category C waste

(1)Subject to subclause (2) category C waste is prescribed industrial waste—

(a)with—

(i)all contaminant concentrations not exceeding the TC₁ thresholds specified in Appendix 3 to Publication 996 except for prescribed industrial waste that is contaminated soil; and

(ii)all leachable concentrations not exceeding the ASLP₁ thresholds specified in Appendix 3 to Publication 996 except for prescribed industrial waste that is contaminated soil; or

(b)that is contaminated soil with—

(i)any contaminant concentrations greater than those specified in Table 2, but not exceeding those specified in Table 3 of Publication 448; or

(ii)any leachable concentrations not exceeding those specified in Table 3 of Publication 448; or

(c)that is waste asbestos that has been packaged in accordance with Publication 364 and in particular the section headed "Packaging of Waste Asbestos"; or

(d)that the Authority has classified as Category C waste in accordance with clause 11 of the Industrial Waste Management Policy (Prescribed Industrial Waste).

(2)This clause does not apply to prescribed industrial waste that is category A waste under clause 1 or category B waste under clause 2.'.

7Amendment of Schedule 2

In Part A of Schedule 2 to the Environment Protection (Prescribed Waste) Regulations 1998, under the item "Waste codes" insert "Hazard category".

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ENDNOTES

[1] Reg. 4: S.R. No. 95/1998.  Reprint No. 1 as at 1 October 2000.  Reprinted to S.R. No. 92/2000.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Statutory Rule Provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulations 4 and 6(2).	Publication 996 titled "Guidelines for Hazard Classification of Solid Prescribed Industrial Wastes" published by the Authority in June 2005 and as amended from time to time or republished by the Authority.	Appendix 3
Regulations 4 and 6(2).	Industrial Waste Management Policy (Prescribed Industrial Waste) published in the Victoria Government Gazette No. S183 on 5 December 2000 and as amended from time to time.	Clause 11
Regulations 4 and 6(2).	Publication 364 titled "The Transport and Disposal of Waste Asbestos" published by the Authority in November 2004 and as amended from time to time or republished by the Authority.	Pages 3 and 4

Statutory Rule Provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulations 4 and 6(2).	Publication 448 titled "Classification of Wastes" published by the Authority in 2007 and as amended from time to time or republished by the Authority.	Tables 2, 3 and 4