Environmental Management and Pollution Control (Waste Management) Amendment Regulations 2010
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Environmental Management and Pollution Control Act 1994 .11 February 2010
PETER G. UNDERWOOD
Governor
By His Excellency’s Command,
MICHELLE O’BYRNE
Minister for Environment, Parks and Heritage
1Short titleThese regulations may be cited as the Environmental Management and Pollution Control (Waste Management) Amendment Regulations 2010 . 2CommencementThese regulations take effect on 12 April 2010. 3Principal RegulationsIn these regulations, the Environmental Management and Pollution Control (Waste Management) Regulations 2000 are referred to as the Principal Regulations. 4Regulation 3 amended (Interpretation) Regulation 3 of the Principal Regulations is amended as follows: (a) by inserting the following paragraph after paragraph (c) in the definition of approved : (ca) in accordance with – (i) a controlled waste tracking certificate as defined in the Environmental Management and Pollution Control (Controlled Waste Tracking) Regulations 2010 ; or (ii) an exemption granted in accordance with Part 5 of those regulations; or (b) by omitting the definitions of waste producer and waste transporter and substituting the following definition: waste producer means a person who has produced, received or has responsibility for controlled waste and who requires the waste to be recovered, recycled, incinerated, transferred, stored, reused, reprocessed, treated or disposed of. 5Regulation 5 substituted Regulation 5 of the Principal Regulations is rescinded and the following regulation is substituted: 5Controlled wastes For the purpose of the definition of "controlled waste" in section 3 of the Act, a waste is prescribed as a controlled waste if the waste – (a) exhibits an environmentally significant characteristic and is derived or arises from – (i) an agvet chemical as defined in the Dangerous Substances (Safe Handling) Act 2005 ; or (ii) dangerous goods as defined in the Dangerous Goods (Safe Transport) Act 1998 ; or (iii) a poison as defined in the Poisons Act 1971 ; or (iv) a scheduled waste within the meaning of a National Management Plan; or (b) is a waste within the meaning of the Quarantine Regulations 2000 of the Commonwealth, as amended. 6Regulation 6 amended (General responsibilities) Regulation 6 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1) "Subject to subregulation (1A) , a person" and substituting "A person"; (b) by omitting subregulation (1A) . Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 17 February 2010
These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.
EXPLANATORY NOTE
(This note is not part of the regulation) These regulations amend the
(a) prescribing the characteristics of controlled waste for the purposes of the definition of "controlled waste" in section 3 of the Environmental Management and Pollution Control Act 1994 ; and (b) updating certain provisions to ensure that persons transporting controlled waste comply with the Environmental Management and Pollution Control (Controlled Waste Tracking) Regulations 2010 .