Environmental Protection Amendment Regulations (No. 3) 1996 (WA)

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13 September 19961 GOVERNMENT GAZETTE, WA 4545
EP301

ENVIRONMENTAL PROTECTION ACT 1986

ENVIRONMENTAL PROTECTION AMENDMENT REGULATIONS

(No. 3) 1996

Made by His Excellency the Governor in Executive Council on the recommendation of the Environmental Protection Authority.

Citation

1. These regulations may be cited as the Environmental Protection

Amendment Regulations (No. 3) 1996.

Commencement

2.      These regulations come into operation on 1 October 1996.

Principal regulations

3.      In these regulations the Environmental Protection Regulations 1987* are

referred to as the principal regulations.

[* Reprinted as at 4 December 1995.1

Part headings inserted

4.      The principal regulations are amended -

(a) by inserting before regulation 1 the following Part heading -
" PART 1 -PRELIMINARY ";
(b) by inserting after regulation 2 the following Part heading -
" PART 2 - ADMINISTRATIVE MA'ITERS ";
(C) by inserting after regulation 3 the following Part heading -
" PART 3 - CONTROL OF POLLUTION GENERALLY ";
(d) by inserting before regulation 6 the following Part heading -
" PART 4 - AUDIBLE ALARMS ";
(e) by inserting after regulation 6 the following Part heading -
" PART 5 -APPEALS ";
(f) by inserting after regulation 9 the following Part heading -
" PART 6 -TYRES ";
(g) by inserting after regulation 15 the following Part heading -
" PART 7 - ANTI-FOULING PAINT "; and
(h) by inserting after regulation 16 the following Part heading -
" PART S - PETROL ".
4546 GOVERNMENT GAZETTE, WA E13 September 1996

Regulations 4 and 5 repealed and regulations substituted

5.      Regulations 4 and 5 of the principal regulations are repealed and the

following regulations are substituted -

L<

Interpretation

4. (1) In this Part, unless the contrary intention appears -

"categoryn means a category of premises specified in Schedule 1;
"licence" means a licence under Part V of the Act.

both the type of waste and the nature of its discharge into the (2) A reference in this Part to a kind of waste is a reference to

environment.

(3) A reference in this Part or a Schedule to a catego followed by
a designation is a reference to the category so designate in the first K
column of Schedule 1.
is a reference to the area defined in Schedule 1 to the Environmental (4) A reference in Part 3 of Schedule 4 to the Swan Coastal Plain

Protection (Swan Coastal Plain Lakes) Policy Approval Order 1992.

and 4 fee amounts are expressed in units or fractions of a unit, one unit (5) In this Part (other than regulation 5G) and in Schedules 3

being equivalent to $12.50.

Prescribed premises

5. The premises s in Schedule 1 are prescribed premises for

the purposes of Part

Occupier of certain prescribed premises may apply for registration

5A. (1) An occupier of remises specified in Part 2 of Schedule 1

may apply for registration o P those premises under regulation 5B.

section 56 of the Act in respect of those premises while the application (2) An occupier who so applies does not commit an offence under

is pending.

under regu ation 5B, section 56 of the Act does not apply to the occupier (3) If premises specified in Part 2 of Schedule 1 are registered
of those premises.

Registration of premises

5B. (1) An occupier of premises s ecified in Schedule 2 shall not o erate the premises for the purposes

a

escribed in that Schedule unless

t e premises are registered under this regulation. R
Penalty:  $200.
(2)  An application for registration is to be -
(a)  in a form approved by the Chief Executive Oficer;
(b)  on which the premises are situated and the layout of the

accompanied by a plan showing the boundaries of the land

premises; and

(C) accompanied by a fee of 24 units.
(3) The Chief Executive Officer is to ant an application made
under subregulation (2) and enter details o the registered premises in a register kept for that purpose. F
13 September 19961 GOVERNMENT GAZETTE, WA 4547
who does not - (4) A person who becomes the occupier of registered premises and

(a)

notify the Chief Executive Micer of that fact within 30 days of becoming the occupier; and

(b) include with the notification a recording fee of 2 units,

commits an offence.

Penalty: $200.

Chief Executive Officer is to make the necessary alterations to the (5) On receipt of a notification and fee under subregulation (4), the

register.

Environmental Protection Amendment Regulations (No. 3) 1996 was the holder of a licence in respect of premises to which subregulation (1)

(6) A person who immediately before the commencement of the

a plies is not required to apply for registration of those premises until
t R e expiry of that licence.

Works approval fee
5C. (1) The fee prescribed for the pu oses of section 54 (1) (b) of
the Act is the appro riate fee specified in B chedule 3 determined on the
basis of the cost o f t e works that are the subject of the application. R

(2) In determining the cost of works for the purposes of this

regulation, no account is to be taken of -

(a) the cost of land;
(b) the cost of buildings to be used for purposes unrelated to

the purposes in respect of which the premises are, or will

become, prescribed premises; or

consultancy fees paid or to be paid in relation to those

(c) works.

Licence fee

5D. (1) Subject to re lation 5G, the fee prescribed for the

purposes of sect~on 57 (1) ( r o f the Act comprises -
(a) the amount specified in the third column of Part 1 of Schedule 4 corresponding to the relevant category, and, where applicable, the relevant production or design ca acity, of the remises specified in the first and second
CO umns of that art; f 3
(b) in respect of premises within category 5, 6, 7, 8, 9, 12, 44, 46, 53, 70 or 80, where the operation of the premises

involves the discharge of waste consisting of h l i n g s or

fl ash, the amount specified in the second column of Part 2

waste specified in the first column of that Part that is o ?' Schedule 4 corresponding to the relevant quantity of such
permitted to be discharged from the premises; and
(C) the appro riate amount under Part 3 of Schedule 4, as be discharged from the premises. determine t; under regulation 5E, for each kind of waste to
If any premises occupied b the same person, as determined by the Chief Executive Officer, fall wit in more than one category specified K in the first column of Part 1 of Schedule 4, the amount payable in
respect of those premises under subregulation (1) (a) is that appropriate
to the category in respect of which the higher or highest amount is
payable.

(2)

4548 GOVERNMENT GAZETTE, WA [ l3 September 1996

Determination of amount under Part 3 of Schedule 4

5E. (1) Subject to this regulation, the amount payable under Part 3 of Schedule 4 in respect of a particular kind of waste is to be
determined on the basis of the quantity of such waste that is permitted to be dischar ed from the premises during the period to which the
application re k ates averaged over that period.
Officer is satisfied that the quantity of a particular kind of waste (2) If, in respect of an application for a licence, the Chief Executive
discharged from the premises in the year immediately preceding the period to which the ap lication relates has been accurately measured, the amount payable un P er Part 3 of Schedule 4 in respect of such waste may a t the discretion of the Chief Executive Oficer, be determined on
the basis of the quantity so measured averaged over a period of one
year.
Officer is satisfie P that - (3) If, in res ect of an application for a licence, the Chief Executive

the applicant has put in place appropriate procedures for

(a) the accurate measurement of the quantity of a particular

kind of waste to be discharged from the premises; and

(b) the quantity of such waste to be discharged from the

remises during the period to which the application relates

Ras been accurately calculated,

the amount payable under Part 3 of Schedule 4 in respect of such waste may, a t the discretion of the Chief Executive Officer, be determined on the basis of the quantity so calculated.

particular kind of waste an i those standards apply to premises which (4) If an approved polic specifies standards for the discharge of a are the subject of an a plication for a licence, the amount payable

under Part 3 of Schedu e 4 in res ect of such waste, as determined P

under subregulation (l) , (2) or (37, is increased by 50% for those

premises.
Amount payable for harmless discharge onto land
5F. (1) Despite regulation 5D (1) (c), an amount of 25 units may be paid in respect of waste to be discharged onto land instead of the

a propriate amount specified in Table 2 of Part 3 of Schedule 4, if the &ief Executive OEcer is satisfied that the method of discharge renders the waste harmless to the environment.

mentioned in subregulation (1) is to be regarded as an amount payable (2) For the purposes of regulation 5G, the amount of 25 units under Part 3 of Schedule 4.

Maximum fee
5G. The maximum fee payable in respect of a licence is -
(a) if the total amount otherwise ayable under Part 3 of Schedule 4 is predominantly attrigutable to the discharge of waste into air or onto land -
(i) increase specified in regulation 5E (4); or component of that total amount is subject to the waste into waters, $200 009 or $165 000, in a case where that total amount or a
(ii) $110 000, in any other case;
(b) if the total amount otherwise ayable under Part 3 of

Schedule 4 is predominant1 attri utable to the discharge of g

(C)

if the total amount otherwise payable under Part 3 of Schedule 4 is e ually attributable to the discharge of waste into air or onto and and the discharge of waste into waters, 9

.. . $200 000.
13 September 19961 GOVERNMENT GAZETTE, WA 4549

Refunds

5H. (1) If an application for a licence is refused, the Chief

Executive Wicer is to -

(a) deduct from the fee which accom anied the a plication such
to meet the administrative costs associated with amount as the Chief Executive 8 fficer consi d) ers reasonable

determining the application; and

(b) refund the balance of the fee to the applicant.
(a) a fee paid in respect of a licence comprised an amount

determined under regulation 5E (2) or (3); and

(b) the Chief Executive Officer is satisfied that the quantity of

waste discharged from the premises durin the term of the

licence ("the actual discharge") is less t an the quantity used as the basis for determining that amount,

the Chief Executive Oficer is to refund to the licensee the difference between the fee that would have been payable if the amount under Part 3 of Schedule 4 had been determined on the basis of the actual discharge and the fee paid.

Certain matters to be determined by Chief Executive Officer

51. For the purposes of determining the amount of a fee under this Part, any question relating to the cost of works, the production or design capacity of premises, or the kind or quantity of waste discharged or to be discharged from premises is to be determined by the Chief Executive Oficer.

Transitional provision (reduced fees)
55. Despite regulation 5D, the fee prescribed for the purposes of

section 57 (1) (b) of the Act -

(a) first year after the commencement of the Environmental in respect of an application for a licence made within the
Protection Amendment Regulations (No. 3) 1996 is two fifths of the fee that would otherwise apply under this Part;

and

(b) in res ect of an a plication for a licence made within the
secon year after t e commencement of the Environmental d) %
Protection Amendment Regulations (No. 3) 1996, is two thirds of the fee that would otherwise apply under this
Part. 9,

Schedules 1,2 and 3 repealed and Schedules substituted

6.      Schedules 1 2 and 3 to the rincipal regulations are repealed and the

following schedules are substituted)-

<<

SCHEDULE 1 - PRESCRIBED PREMISES

[regulation 51

PART 1

Category Description of Production or
number category design capacity
1 Cattle feedlot: premises on which 500 animals or
the watering and feeding of cattle more
occurs, being premises -

situated less than 100 metres

(a) from a watercourse; and
GOVERNMENT GAZETTE, WA [l3 September 1996
Category Description of Production or
number category. design capacity
on which the number of cattle Intensive piggery: premises on l 000 animals or
(b) per hectare exceeds 50.

which pigs are fed, watered and more

housed in pens.

Aquaculture (ponds or tanks): Biomass l 000

premises on which - k i l o g r a m s o r
more
(a) m a r i n e , e s t u a r i n e o r freshwater fish or prawns are propagated or reared; and
(b)
s u p p l e m e n t a r y f e e d i n g

occurs,

in ponds or tanks that discharge

waste into waters or onto land.

Aquaculture (natural waters): Not applicable

premises on which -

(a)

m a r i n e , e s t u a r i n e o r freshwater fish or prawns are propagated or reared; and

(b)
s u p p l e m e n t a r y f e e d i n g
occurs, . -

in enclosures in naturally occumng

waters.

Processing or beneficiation of 50 000 tonnes or
metallic or non-metallic ore: more per year
premises (other than premises
withln category 6 or 7) on which
the crushing, grindin milling or
processing of meta lk or non-
metallic ore or the reprocessing of

tailings occurs.

Mine dewatering, tailings or 50 000 tonnes or

residue disposal:  premises on more per year
which - 

(a)

water is extracted and d i s c h a r g e d i n t o t h e

environment to allow mining
of ore; or
(b) mining or processing of ore

occurs and tailings or residue

a r e d i s c h a r ~ d into a
containment ce or dam.
Vat or in situ leaching of metal:  5 000 tonnes or

premises on which metal is more per year
extracted from ore with a chemical

solution.

M i n e r a l s a n d s m i n i n g o r 5000 tonnes or
processing:  remises on which more per year
mineral san 2 S ore is mined,  screened, separated or otherwise
processed.
Coal mining: premises on which -  5 000 tonnes or

more per year

(a)

water is extracted and d i s c h a r g e d i n t o t h e environment to allow coal mining; or

13 September 19961 GOVERNMENT GAZETTE, WA 4551
Category Description of Production or
number category design capacity

(b)

coal minin or processing occurs an$ tailings are discharged.

10 Oil or gas production from wells: 5 000 tonnes or
premises, whether on land or more per year
offshore, on which crude oil, natural
b as or condensate is extracted from elow the surface of the land or the seabed as the case requires, and is

treated or separated to produce stabilized crude oil purified natural gas or liquefied hydrocarbon gases.

Oil or gas production (other): 5 000 tonnes or
premises (other than remises more per year
within category 10) on W ich the R commercial production of oil or gas
occurs (includin the reforming of
hydrocarbon gas!?
12 Screening, etc. of material: 50 000 tonnes or
premises (other than premises more per year

within category 5 or 8) on which material extracted from the ground is screened, washed, crushed, ground, milled, sized or separated.

Crushing of building material: 1000 tonnes or
premises on which waste building more per year

or demolition material (for example, bricks, stones or concrete) is crushed or cleaned.

Solar salt manufacturing:  remises Not applicable
on which salt is produced y solar %
evaporation.
Abattoir:  premises on which 1000 tonnes or
animals are slaughtered. more per year
Rendering operations: premises on 100 tonnes or

which substances from animal more per year

material are processed or extracted.

Milk processing: premises on 100 tonnes or
which - more per year
(a) mi lk i s s e a r a t e d o r
evaporated (ot er than a \
farm); or
(b) eva orated or condensed
mil , butter , ice cream, R cheese or any other dairy

product is manufactured,

and from which liquid waste is or is to be discharged onto land or into waters.

Food processing: premises (other 200 tonnes or

t h a n p r e m i s e s w i t h i n moreperyear

category 24) -

(a)

on which vegetables are, or fruit or meat is, preserved cooked, dried, canned, bottled or processed; and

4552 GOVERNMENT GAZETTE, WA [ l3 September 1996
Category Description of Production or
number category design capacity
(b) from which liquid waste is or

is to be discharged onto land

or into waters.

19 Edible oil or fat processing: 200 tonnes or
premises on which vegetable oil or more per year

oil seed or animal fat is processed and from which liquid waste is or is to be discharged onto land or into waters.

20 Starch manufacturing: premises on 200 tonnes or
which s tarch or gluten i s more per year

manufactured and from which liquid waste is or is to be discharged onto land or into waters.

21 Sugar milling or refining: premises
l 0 0 0 tonnes or
on which sugar cane is crushed or more per year
sugar is refined.
22 Seafood processin : premises (other 200 tonnes or
than a fish who 7 esaler) on which more per year

fish or other seafood is processed and from which liquid waste is or is to be discharged onto land or into waters.

23 Animal feed manufacturing: 1000 tonnes or
premises (other than premises within cate ory 15 or 16) on which
more per year
animal foo% is manufactured or
processed.
24 N o n - a l c o h o l i c b e v e r a g e 200 kilolitres or
manufacturin premises on which more per year
manufactured and froam which a non-alco olic beverage i s i?

liquid waste is or is to be discharged onto land or into waters.

25 Alcoholic bevera e manufacturing: 50 kilolitres or
remises on W ich an alcoholic E more per year
E which ?iquid waste is or is to be
evera e is manufactured and from
discharged onto land or into waters.
26 Textile operations: premises on 1000 tonnes or
which - more per year
(a) carpet is manufactured;
(b) cotton ginning or milling
occurs; or
(C) textiles are bleached, dyed or
finished.
27 Woolscouring: premises on which l 0 0 0 tonnes or
wool is scoured or cleaned. more per year
28 Wood board manufactur ing: 500 tonnes or
premises on which particleboard or more per year
chipboard i s fabr ica ted or
manufactured.
29 Timber preserving: premises on Not applicable

which timber is preserved for commercial purposes by the use of chemicals.

13 September l9961 GOVERNMENT GAZETTE, WA 4553
Category Description of Production or
number category design capacity
30 Pulp, paper or paperboard 5 000 tonnes or
rnanufactunng: premises on which more per year
aper pulp, wood pulp kraft paper,
R r a ~ pa erboard, cardboard, gaper
or paper g oard is manufacture
Chemical manufacturing: premises 100 tonnes or
(other than premises within more per year

cate ory 32) on which chemical prodkts are manufactured by a chemical process.

32 Pesticides manufacturing: premises Not applicable

on which herbicides, insecticides or pesticides are manufactured by a chemical process.

33 Chemical blendin or mixing: 500 tonnes or
premises on whicf chemicals or more per year

chemical products are mixed, blended or packa ed in a manner

that causes or is 5 ikely to cause a discharge of waste into the
environment.
34 Oil or gas refining: premises on Not applicable
which crude oil, condensate or gas
is refined or processed.
35 Asphalt manufacturing: premises Not applicable

on which hot or cold mix asphalt is produced using crushed or ground rock aggregates mixed with bituminous or asphaltic materials for use at places or premises other than those premises.

Bitumen manufacturing: premises Not applicable

on which bitumen is mixed or prepared for use at places or premises other than those premises.

Char manufacturing: premises on 10 tonnes or more
which wood, carbon material or coal per year

is charred to produce a fuel or material of a carbonaceous nature

or of enriched carbon content.
Coke production:  premises on 100 tonnes or
which coke is produced quenched,  more per year
cut, crushed or graded from coal or
petroleum.
Chemical or oil recycling: premises  Not applicable
on which waste liquid hydrocarbons or chemicals are refined, purified, reformed, separated or processed.
Glass or glass fibre manufacturing:  200 tonnes or
remises on which glass or glass  more per year
Ebre is manufactured.
Clay bricks or ceramic products  1000 tonnes or
manufacturing: premises on which  more per year
refractory products, tiles, pipes or
pottery are manufactured.
Mineral wool or ceramic fibre  Not applicable
manufacturing: premises on which mineral wool or ceramic fibre 1s manufactured.
4554 GOVERNMENT GAZETTE, WA [l3 September 1996
Category Description of Production or
number category design capacity

43                Cement or lime manufacturing: Not applicable premises on which -

(a) clay, limesand or limestone material is used in a furnace or kiln in the production of cement clinker or lime; or
(b) c e m e n t c l i n k e r , c l ay limestone or similar materiai is ground.

44                 Metal smeltin or refining: l000 tonnes or

premises on whic g metal ore, metal more per year

ore concentrate or metal waste is smelted, fused, roasted, refined or processed.

45                 Metal melting or casting: premises 100 tonnes or

on which metal or scrap metal is more per year

melted in furnaces or cast.

46                 Bauxite refining: premises (other Not applicable than premises within aragraph (b)

6) on whic alumina is ?l
produced eatego? rom bauxite refining.
47 100
(other than premises within more per year

Scrap metal recovery: premises tonnes or is fragmented or melted includin

remises on which lead acia

gatteries are reprocessed.

48
Metal finishing:  premises (other Not applicable

than remises within category 44)

cleaned or metals, plastics or metal on W ich metals are chemically e

or plastic products are plated, electroplated, anodized, coloured or othemse coated or finished.

49 Boat buildin and maintenance: Not applicable
premises on W ich - 5,
(a) vessels are commercially built
or maintained; and
(b) organotin compounds are used or removed from vessels.

50                Tannery: premises on which animal l 000 skins or skins or hides are tanned, dressed, hides or more per

finished or dyed and from which year

liquid waste is or is to be discharged onto land or into waters.

51                Foam products manufacturing: l tonne or more

premises on which resin is used to per year
repare or manufacture plastic
foam or lastic foam roducts using
MD1 ( iphen lmet ane di-iso- i/ R cyanate) or TD (toluene-2, 4-di-iso-
cyanate).
13 September 19961 GOVERNMENT GAZETTE, WA 4555
Category Description of Production or
number category design capacity

52                 Elec t r i c power g e n e r a t i o n : 20 megawatts or premises (other than premises more in aggregate within category 53 or an emer ency (using na tura l

or standb power generating p ant) gas) 4

on whict electrical power is

generated using a fuel. 10 megawatts or more in aggre ate (using a fuel o t h e r t h a n natural gas)
53
Flyash disposal: premises on which l 000 tonnes or
flyash is disposed of. more per year
54
Sewage t r e a t m e n t fac i l i ty : 100 cubic metres
premises - or more per day
(a) on which sewage is treated (excluding septic tanks); and
(b) from which treated sewage is

discharged onto land or into

waters.

55 Livestock sale ard or holdin pen: 10 000 animals or
remises on W ich live anima s are K 5 more per year

Reld pending their sale, shipment

or slaughter.

56 Used tyre storage (tyre fittin 500 tyres or more
business): premises on which use 2 tyres are stored in connection with
a tyre fitting business.
57 Used tyre (general): 100 tyres or more

premises (other t an premises within category 56) on which used tyres are stored.

58                 Bulk material loading or unloadin : 100 tonnes or

premises on which clinker, coa , more per day S

ore ore concentrate or any other bulk granular material is loaded onto or unloaded from vessels by an open materials loading system.

Biomedical waste incineration: Not applicable
premises on which -
(a) infectious or potentially infectious waste produced by health care establishments, or by pathology, dental, or veterinary practices, or by laboratories, is incinerated;
(b) q u a r a n t i n e w a s t e i s

incinerated; or

(C) cytotoxic waste is destroyed,
but not includin remises on
which there are on y acilities used K P exclusively for human or animal
cremation.
Incineration: premises (other than 100 kilograms or
premises within category 59) on more per hour
which waste, excluding clean paper
and cardboard, is incinerated.
GOVERNMENT GAZETTE. WA r13 Se~tember 1996
Category Description of Production or
number category design capacity
Waste treatment facility: premises 100 tonnes or
(other than premises within more per year
category 54) -

(a)

on which liquid waste produced on other premises is stored, reprocessed, treated or irrigated; or

(b)

from which waste, including septage or sewage treatment plant sludge, is discharged onto land.

Waste depot: premises on which 500 tonnes or
waste is stored, or sorted, pending more per year
final disposal or re-use.
Inert landfill site:  premises on Not applicable

which only inert waste (as determined by reference to the specifications set out in the document entitled "Landfill Waste C l a s s i f i c a t i o n a n d W a s t e Definitions 1996", published b the Chief Executive Officer an8 as amended from time to time) is accepted for burial.

Putrescible landfill site: premises Not applicable
(other than premises within
63) on which only one or
following kinds of waste
(in each case as determined by
reference to the specifications
referred to in category 63) is or are
accepted for burial -
(a) inert waste;
(b) putrescible waste;
(C) low hazard waste (type 1);
(d) special waste (type 1).
Secure landfill site: premises on Not applicable
which either or both of the

following types of waste (in each case as determined by reference to the specifications referred to in category 63) is or are accepted for burial -

(a) low hazard waste (type 2);
(b) special waste (type 2).
Intractable landfill site: premises Not applicable
on which on1 intractable waste (as
determined iy reference to the specifications referred to in
category 63) is accepted for burial.
Fuel burning: premises on which I n

a g g r e g a t e ( f u e l w i t h a sulphur content of 0.25% or more)

gaseous, liquid or solid fuel is burnt 500 kilograms or
In a boiler for the supply of steam more per hour
or in power generation equipment.
13 September 19961 GOVERNMENT GAZETTE, WA 4557
Category Description of Production or
number category design capacity
I n a g r e g a t e
2 000 &lograms

or more per hour

( f u e l w i t h a sulphur content
of l e s s t h a n
0.25%)

PART 2

Category Description of Production or
number category design capacity
68 Cattle feedlot: premises on which 500 animals or
the watering and feeding of cattle more
occurs, being premises -

situated 100 metres or more

(a) from a watercourse; and
on which the number of cattle Intensive piggery: premises on More than 500
(b) per hectare exceeds 50.
which pigs are fed, watered and but less than
housed in pens.
1 000 animals
Screening, etc. of material:  More than 5 000
premises on which material  but less than
extracted from the ground is  50 000 tonnes per
screened, washed, crushed, ground,  year
milled, sized or separated. 
Compost manufacturing: premises  1000 tonnes or
on which organic mater ia l  more per year

(excluding silage) or waste is commercially stored, processed, mixed, dried or composted.

Chemical manufacturing: premises  Not more than
on which chemical products are  100 tonnes per
manufactured by a chemical  year
process. 
Bulk storage of chemicals, etc:  1 0 0 0 c u b i c
premises on which acids, alkalis or  m e t r e s i n
chemicals that -  aggregate
(a) contain a t least one carbon to

carbon bond; and

(b)
temperature and pressure), are liquid a t STP (standard

are stored.

Chemical blending or mixing More than 50 but
causing discharge:  premises on less than 500
which chemicals or chemical tonnes per year

products are mixed, blended or packa ed in a manner that causes or is &kely to cause a discharge of waste into the environment.

Chemical blending or mixing not 5 000 tonnes or
causing discharge:  premises on more per year

which chemicals or chemical products are mixed, blended or packaged in a manner that does not cause or is not likely to cause a discharge of waste into the environment.

4558 GOVERNMENT GAZETTE, WA 113 September 1996
Category Description of Production or
number category design capacity

76                 Ceramic goods manufacturing: 200 tonnes or

' premises on which ceramic kitchen more per year

or table ware or other non- refractory ceramic products are manufactured.

77                Concrete batching or cement 100 tonnes or

products manufacturing:  premises more per year

on which cement products or concrete are manufactured for use at places or premises other than those premises.

78                 Plaster manufacturin : premises 500 tonnes or

on which plaster, p aster board, f more per year

gyprock or o ther products comprised wholly or primarily of gypsum are manufactured.

79
Carbon stripping:  premises on 100 tonnes or
which carbon granules from a gold  more per year

extraction process located a t another place or on other premises are reprocessed.

80

premises on which non-metallic more per year

Non-metallic mineral processing: 100 tonnes or milled or separated.

81
Metal coating:  remises on which l 000 litres or

metal products 8xcluding vehicles) more

are spray painted, powder coated or (paint or pow er) per diear

enamelled.

82
Boat buildin and maintenance: Not applicable
premises on W % ich -
(a) vessels are commercially built
or maintained; and

(b)

organotin compounds are not used or removed from vessels.

83                Fellmongering: premises on which l 000 skins or animal skins or hides are dried, hides or more per

cured or stored. year
84
E lec t r i c power g e n e r a t i o n : More than 10 but
premises (other than premises l e s s t h a n 20
within category 53 or an emergency m e g a W a t t s i n
or standb power generating plant) aggregate
on whicK electrical power is
commercially enerated using

natural gas as a F uel.

85
Sewage t r e a t m e n t fac i l i ty : More than 20 but

premises -

less than 100 cubic metres per

- - day
(a) on which sewage is treated (excluding septic tanks); or
(b) from which treated sewage is

discharged onto land or into

waters.

13 September 19961 GOVERNMENT GAZETTE, WA 4559
Category Description of Production or
number category design capacity
86 Bulk material loading or unloadin : 1 0 0 t o n n e S o r
premises on which clinker, coa , more per day K

ore ore concentrate or any other bulk granular material is loaded onto or unloaded from vessels by a closed materials loading system.

87                Fuel burning: premises on which More than 500 gaseous, liquid or solid fuel with a but less than sulphur content of less than 0.25% 2 000 kilograms

is burnt in a boiler for the supply of p e r h o U r i n
steam or in power generation aggregate
equipment.
SCHEDULE 2 - PREMISES SUBJECT TO REGISTRATION

[regulation 5Bl

Description of premises Production or design capacity
1. Abattoir: premises on More than 100 but less than
which a n i m a l s a r e 1 000 tonnes per year

slaughtered.

2. Smoking, drying or curing More than 200 tonnes per year
operations: premises
butcher sho or chicken (other than a retail
outlet) on W R ich meat or other edible roducts are
smoked, drieBor cured.
3. Fibreglass reinforced More than 1 tonne per year

plastic manufacturing: premises on which resin is used to prepare or manufacture reinforced plastics or reinforced plastic products.

4. Water treatment facility: More than 1 megalitre per day

premises on which water is treated for domestic use.

5. A b r a s i v e b l a s t i n g Not applicable
o erations: remises on
material is cleaned or w 'ch metaf or other R

abraded by blastin with any abrasive b&sting material or abrasive blasting equipment.

SCHEDULE 3 - WORKS APPROVAL FEE

[regulation 5Cl

Cost of works Fee units
Not more than $10 000 15
More than $10 000 but not 15 plus 5 for every $10 000
more than $50 000 above $10 000
More than $50 000 but not 35 plus 10 for every $50 000
more than $500 000 above $50 000
4560 GOVERNMENT GAZETTE, WA [ l3 September 1996
Cost of works Fee units
More than $500 000 but not 125 plus 20 for every $500 000
more than $5 000 000 above $500 000
More than $5 000 000 but not 305 plus 100 for every
more than $25 000 000 $5 000 000 above $5 000 000
More than $25 000 000 but not
705 p lus 50 for every
more than $100 000 000 $5 000 000 above $25 000 000
More than $100 000 000 1405
SCHEDULE 4 - LICENCE FEE

[regulation 5D]

PART 1 - PWMISES COMPONENT
Category Production or Fee units
design capacity
Categories 1 and 2 Less than 2 000 animals 50
2 000 animals or more 100
Categories 3 and 4 Not applicable 20
Categories 5, 7, 8, 9, Not more than 50 000
12, 13, and 14 tonnes per year 50

More than 50 000 but not more than 100 000 tonnes per year

100

More than 100 000 but not more than 500 000 tonnes per year

200

More than 500 000 but not more than 5 000 000 tonnes per year

300

More than 5 000 000
tonnes per year 450
Categories 6 and 53 Not more than 100 000
tonnes per year 30

More than 100 000 but not more than 500 000 tonnes per year

50

More than 500 000 tonnes
per year 100
Categories 10, 11 Not more than 50 000

and 34

tonnes per year 75

More than 50 000 but not more than 100 000 tonnes per year

150

More than 100 000 but not more than 500 000 tonnes per year

More than 500 000 but not
more than 2 000 000 250
tonnes per year
13 September 19961
GOVERNMENT GAZETTE, WA 4561
Category Production or Fee units
design capacity

More than 2 000 000 tonnes per year

Category 15 Not more than 5 000
tonnes per year

More than 5 000 but not more than 50 000 tonnes per year

50 000 tonnes or more per
year
Category 16 Not more than 2 000
tonnes per year

More than 2 000 but not more than 10 000 tonnes per year

More than 10 000 tonnes
per year

Categories 17, 18, 19, Not more than 2 000
20, 22, 23, 24, 25 tonnes per year
and 27

More than 2 000 but not more than 10 000 tonnes per year

More than 10 000 but not more than 100 000 tonnes per year

More than 100 000 tonnes

per year

Category 21 Not more than 10 000
tonnes per year

More than 10 000 but not more than 100 000 tonnes

per year
per year More than 100 000 tonnes
Category 26 Not more than 10 000
tonnes per year

More than 10 000 but not more than 100 000 tonnes per year

More than 100 000 tonnes
per year
Categories 28 and 29 Not more than 5 000
tonnes per year

More than 5 000 but not more than 50 000 tonnes per year

More than 50 000 tonnes
per year
4562 GOVERNMENT GAZETTE. WA [ l 3 September 1996
Category Production or Fee units
design capacity
Category 30 Not more than 50 000
tonnes per year

More than 50 000 but not more than 250 000 tonnes per year

More than 250 000 but not
more t h a n l 000 000
tonnes per year

More than 1 000 000 tonnes per year

Categories 31 and 32
Not more than 2 000
tonnes per year

More than 2 000 but not more than 10 000 tonnes per year

More than 10 000 but not more than 50 000 tonnes per year

More than 50 000 but not more than 100 000 tonnes per year

More than 100 000 tonnes
per year

Categories 33, 35, 36, Not more than 2 000

37,38 and 39 tonnes per year

More than 2 000 but not more than 10 000 tonnes per year

More than 10 000 but not more than 50 000 tonnes per year

More than 50 000 tonnes
per year
Categories 40, 42 Not more than 10 000
and 43 tonnes per year

More than 10 000 but not more than 100 000 tonnes per year

More than 100 000 tonnes
per year
Category 41 Not more than 5 000
tonnes per year

More than 5 000 but not more than 50 000 tonnes per year

More than 50 000 but not more than 500 000 tonnes per year

More than 500 000 tonnes
per year
13 September 19961 GOVERNMENT GAZETTE, WA 4563
Category Production or Fee units
design capacity
Category 44 Not more than 10 000
tonnes per year 75

More than 10 000 but not more than 50 000 tonnes per year

150

More than 50 000 but not more than 500 000 tonnes per year

300

More than 500 000 tonnes
per year 600
Category 45
Not more than l 0 0 0
tonnes per year 50

More than l 0 0 0 but not more than 10 000 tonnes per year

100

More than 10 000 but not more than 100 000 tonnes per year

200

More than 100 000 tonnes
per year 400
Category 46 Not more than 1 000 000
tonnes per year 250
More than 1 000 000
tonnes per year 600
Category 47 Not more than 2 000
tonnes per year 20

More than 2 000 but not more than 10 000 tonnes per year

50

More than 10 000 tonnes
per year 100
Category 48 Not more than 10 000
tonnes per year 100
More than 10 000 tonnes 200
per year
Category 49 Not applicable 50
Categories 50 and 51 Not applicable 50
Category 52 N o t m o r e t h a n 2 0
megawatts 50
More than 20 but not more
than 100 megawatts 100
More than 100 but not
more than 200 megawatts 200
More than 200 megawatts 500
Category 54 Not more than 200 cubic
metres per day 20

More than 200 but not more than 2 000 cubic metres per day

50

4564 GOVERNMENT GAZETTE, WA 113 September 1996
Category Production or Fee units
design capacity

More than 2 000 cubic

metres per day

Category 55 Not applicable
Categories 56 and 57 Not applicable
Category 58 Not more than 5 000
tonnes per day

More than 5 000 but not more than 10 000 tonnes per day

More than 10 000 but not more than 50 000 tonnes per day

More than 50 000 tonnes
per day
Category 59
Not more t h a n 100
kilograms per hour
More than 100 kilograms
per hour
Category 60
Not more t h a n 500
kilograms per hour
More than 500 kilograms
per hour
Category 61 Not more than 100 tonnes
per year

More than 100 but not more than 10 000 tonnes per year

More than 10 000 but not more than 100 000 tonnes per year

More than 100 000 tonnes
per year

Category 62

More than 500 but not more than 5 000 tonnes per year

8

More than 5 000 tonnes
per year 40
Category 63 Not more than 500 tonnes
per year Nil

More than 500 but not more than 5 000 tonnes per year

More than 5 000 but not more than 50 000 tonnes per year

More than 50 000 but not more than 500 000 tonnes per year

More than 500 000 tonnes
per year
13 September 19961 GOVERNMENT GAZETTE, WA 4565
Category Production or Fee units
design capacity
Category 64 Not more than 500 tonnes
per year Nil

More than 500 but not more than 5 000 tonnes per year

40

More than 5 000 but not more than 50 000 tonnes per year

160

More than 50 000 but not more than 500 000 tonnes per year

320

More than 500 000 tonnes
per year 640
Category 65
Not applicable 655
Category 66
Not applicable 655
Category 67
Not applicable 15
Categories 68 to 87
Not applicable 24
PART 2 - TAILINGS OR F'LYASH COMPONENT
Discharge quantity Fee units
Not more than 10 000 tonnes per year 30
More than 10 000 but not more than
100 000 tonnes per year
More than 100 000 but not more than
500 000 tonnes per year 150
More than 500 000 but not more than
1 000 000 tonnes per year 200
More than 1 000 000 tonnes per year 400
PART 3 - DISCHARGE COMPONENT
Table 1 - Discharges into air
Kind of waste Fee units
(for each gram per minute)
1. Carbon monoxide 0.01
2. Oxides of nitrogen, sulphur oxides and
particulates 0.1

3.

Volatile organic compounds (being compounds not specified elsewhere in this Table that participate in atmospheric photochemical reactions) -

(b) discharged from premises in any other
part of the State 0.1
4566 GOVERNMENT GAZETTE, WA [l3 September 1996
Kind of waste Fee units
(for each gram per minute)
Inorganic fluoride 2.5
Pesticides 2.5

Aluminium, arsenic, chromium, cobalt, cop er, lead, manganese, molybdenum, nic el, R vanadium and zinc

2.5

Vinyl chloride, h drogen sul hide, benzene carbon oxysulphi e, carbon %sulphide and d acrylates

10

Beryllium, cadmium, mercury, TDI (toluene-2, 4-di-iso-cyanate), MD1 (diphenyl-methane di- iso-cyanate)

100

Other waste 1
Table 2 - Discharges onto land or into waters
Kind of waste Fee units

Liquid waste that can potentially deprive receiving waters of oxygen (for each kdogram discharged per day) -

(a) biochemical oxygen demand (in the absence of chemical oxygen demand limit)

0.5

(b) chemical oxygen demand (in the absence 1
of total organlc carbon limit)
0.5
(c) total organic carbon

Biostimulants (for each kilogram discharged per day) -

(a) phosphorus -
(i) Swan Coastal Plain 10
(ii) elsewhere 2
(b) total nitrogen -
(i) Swan Coastal Plain 10
(ii) elsewhere 2

Liquid waste that hysically alters the characteristics of natura P ly occurring waters -

(a) total suspended solids (for each kilogram
discharged per day) 0.5
(b) surfactants (for each kilogram discharged
per day) 10

(C)

colour alteration (for each platinum cobalt unit of colour above the ambient colour of the waters in each megalitre discharged per day)

0.05

(d)

temperature alteration (for each 1°C above the ambient temperature of the waters in each megalitre discharged per day) -

(i) in the sea south of the Tropic of
Capricorn 0.05
13 September 19961 GOVERNMENT GAZETTE, WA
Kind of waste Fee units
(ii) in other waters 0.25

4.        Waste that can potentially accumulate in the environment or living tissue (for each kilogram discharged per day) -

(a) aluminium, arsenic, cadmium, chromium, cobalt, copper, lead manganese, mercury, molybdenum, nickei, vanadium and zinc
(b) pesticides
(c) fish tainting wastes

5.        E coli bacteria as indicator species (in each megalitre discharged per day) -

(a) l 000 to 5 000 organisms per 100 m1
(b) 5 000 to 20 000 organisms per 100 m1
(C) more than 20 000 organisms per 100 m1

6.        Other waste (per kilogram discharged per day) -

(a) oil and grease
(b) total dissolved solids
(C) fluoride
(d) iron
(e) total residual chlorine
(fl other

Transitional

7.    (1) The princi a1 re lations as amended by these regulations do not

a ply to an existing f andfil gU site until the expiration of the period of 6 months
&r the commencement of these regulations.
(2) In this regulation -

"existing landfill site" means a landfill site that, immediately before

the commencement of these regulations, was operated as -

(a) by a local government with the consent of the Governor

under section 119 of the Health Act 1911; or

(b) by reference to the specifications set out in the document as a landfill site a t which only inert waste (as determined

entitled "Landfill Waste Classification and Waste Definitions 1996" published by the Chief Executive Oficer and as amended from time to time) was accepted for burial.

Recommended by the Environmental Protection Authority.

R. K. STEEDMAN, Chairman.

By His Excellency's Command,

J. PRITCHARD, Clerk of the Council.

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