Environmental Protection Amendment Regulations (No. 3) 2000 (WA)

15 August 20001 GOVERNMENT GAZETTE, WA 4711

-PART I

ENVIRONMENTAL PROTECTION

EP3O1*

Environmental Protection Act 1986

Environmental Protection Amendment

Regulations (No. 3) 2000

Made by the Administrator in Executive Council on the recommendation of the Environmental Protection Authority.

1.            Citation

These regulations may be cited as the Environmental Protection
Amendment Regulations (No. 3) 2000.

2.            The regulations amended

The amendments in these regulations are to the Environmental
Protection Regulations 1987*.
[* Reprinted as at 2 April 1999.

For amendments to 10 July 2000 see 1999 Index to

Legislation of Western Australia, Table 4, p.	70 and Gazette
7 July 2000.1

or

3.            Regulation 5A amended

After regulation 5A(3) the following subregulations are inserted -

(4) If premises specified in Schedule 1 Part 2 are registered under regulation 5B and the Chief Executive Officer is satisfied that the occupier of the premises -

(a) has been convicted in any court of an

offence -

(i)     against the Act or regulations made under the Act; and

(ii)     that relates to the premises;

4712 GOVERNMENT GAZETTE, WA [15 August 2000

(b) has operated, conducted, managed, or

controlled the premises in a manner which is

detrimental to the environment,

the Chief Executive Officer may, by notice in writing
served on the occupier of the premises, cancel the

registration of the premises.

(5) If the registration of premises is cancelled under
subregulation (4), the occupier of the premises may
apply to the Chief Executive Officer in writing in a
form approved by the Chief Executive Officer for
reinstatement of the registration.

(6) The Chief Executive Officer may reinstate the

registration if the occupier satisfies the Chief Executive

Officer that the occupier will not -

(a)	contravene a provision of the Act or regulations made under the Act that relate to the premises; or
(b)	operate, conduct, manage, or control the premises in a manner which is detrimental to the environment.

(7) If the registration of the premises is reinstated under

subregulation (6), section 56 of the Act does not apply
to the occupier of those premises.

4.            Regulation 5B amended

Regulation 513(2) is amended as follows:

(a) after paragraph (a) by inserting the following paragraph -

(ab) made by the occupier of the premises; ";

(b)	in paragraph (c) after "units" by inserting -	unless the occupier of the premises holds a
license in respect of the premises

5. Regulation 5C amended
After regulation 5C(2) the following subregulation is inserted -

(3) For the purpose of section 64(1)(b) of the Act the fee

prescribed for the transfer of a works approval is
2 units.

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6.            Regulation 5CA inserted

After regulation 5C the following regulation is inserted -

SCA. Waiver of fee for works approval where best

practice criteria met

If, in respect of an application for a works approval under section 54 of the Act, the Chief Executive Officer is satisfied that the environmental performance and management of the premises to which the application relates conform to best practice criteria, the Chief Executive Officer may waive any amount otherwise payable under regulation 5C(l) in respect of the works approval.

7.            Regulation SD amended

(1) Regulation 51)(1) is amended as follows:

(a) by deleting "subregulation (3)" and inserting instead -

subregulations (3) and (4) ";

(b) in paragraph (b) after "bitterns" by inserting - " , water to allow mining of ore ".

(2) After regulation 51)(3) the following subregulations are

inserted -

"

(4)	No amount is payable under subregulation (1)(c) in respect of water discharge from category 6 premises.
(5)	For the purpose of section 64(1)(b) of the Act the fee prescribed for the transfer of a licence is 2 units.

8.            Regulation 5EB inserted

After regulation SEA the following regulation is inserted -

5EB.	Waiver of fee where it would be unreasonable to impose it
Executive Officer is satisfied that the production or design capacity of the premises is so small that it would be unreasonable to impose a fee, the Chief Executive If in respect of an application for a licence, the Chief under regulation SD in respect of the licence.

9.            Regulation 5H amended

Regulation 5H(2) is amended as follows:

(a) after paragraph (a) by deleting "and";

4714 GOVERNMENT GAZETTE, WA [15 August 2000

(b) after paragraph (b) by deleting the comma and inserting

46 instead -

and

(c) an application for a refund is made in writing in a form approved by the Chief Executive Officer by the person who is the licensee at the end of

the term of the licence -

(i)     on an application for another licence in respect of the same premises made within 3 months of the end of the term of the expired licence; or

(ii)     within 3 months of the end of the term of the licence,

,,

10.         Regulations 5M, 5N, and 50 inserted

After regulation 5L the following regulations are inserted

M.

SM. Notification of changes in information provided for
registration or the grant of a works approval or a
licence

(1) If the occupier of premises registered under

regulation 5B becomes aware -

(a)	of a change in a material particular in the information provided in the application for the registration; or
(b)	that the operation of the registered premises has changed in a material manner after the registration was granted,

the occupier must promptly notify the Department of the change in a form approved by the Chief Executive

Officer.

(2) If a person to whom a works approval has been granted under section 54 of the Act becomes aware of a change in a material particular in the information provided to

the Department in the application for the works
approval, or in the course of the processing of the
application for the works approval, then the occupier
must promptly notify the Department of the change in a
form approved by the Chief Executive Officer.

(3) If a person to whom a licence has been granted under section 57 of the Act becomes aware of a change in a material particular in the information provided to the Department in the application for the licence, or in the

course of the processing of the application for the
licence, then the occupier must promptly notify the
Department of the change in a form approved by the
Chief Executive Officer.

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(4) A person who contravenes subregulation (1), (2), or (3)

commits an offence.
Penalty: $5 000.

5N.	Transitional provision (reduced fees)
If a fee prescribed under this Part is paid by a person ("the payer") on or after 1 October 1998 but before the Environmental Protection Amendment Regulations
(No. 3) 2000 come into force, the Chief Executive that exceeds the fee payable under this Part had those regulations come into force on 1 October 1998.
50.	Reduction, waiver, or refund of fees
The Chief Executive Officer may reduce, waive, or refund, in whole or part, any fee referred to in these regulations relating to a works approval, licence, or registration.

11.          Schedule 1 amended

(1) Schedule 1 Part 1 is amended as follows:

(a)	in category 25 by deleting "50" and inserting instead - " 350 ";
(b)	in category 26(a) after "carpet" by inserting - " or yarn ";
(c)	in category 48 by deleting "(other than premises within category 44)";
(d)	after category 48 by inserting -
48A	Metal finishing: premises on which iron Not applicable

or steel is galvanized.

(e)	in category 54 by deleting "treatment";
(f)	54

in category after paragraph (a) by deleting "and" and " or ";

(g) by deleting the item "Category 61" and inserting the following categories instead -

61          Liquid waste facility: premises on which 100 tonnes or

liquid waste produced on other	more per
premises (other than sewerage waste) is stored, reprocessed, treated or irrigated.	year

4716 GOVERNMENT GAZETTE, WA [15 August 2000

61A	Solid waste facility: premises (other than 1000 tonnes premises within category 67A) on which or more per solid waste produced on other premises year
is stored, reprocessed, treated, or discharged onto land.
(h)
in category 62 by deleting "Waste" and inserting " Solid waste ";

(i)     by deleting items "Category 63", "Category 64", "Category 65", and "Category 66" and inserting the following categories instead -

63	Class I inert landfill site: premises on which waste (as determined by reference to the waste type set out in the document entitled "Landfill Waste Classification and Waste Definitions 1996" published by the Chief Executive Officer and as amended from time to time) is accepted for burial.	500 tonnes or
more per year
64	Class II or III putrescible landfill site: premises on which waste (as determined by reference to the waste type set out in the document entitled "Landfill Waste Classification and Waste Definitions 1996" published by the Chief Executive Officer and as amended from time to time) is accepted for burial.	Not applicable
65	Class IV secure landfill site: premises on which waste (as determined by reference to the waste type set out in the document entitled "Landfill Waste	Not applicable

Classification and Waste Definitions

1996" published by the Chief from time to time) is accepted for burial.

66 Class V intractable landfill site:
premises on which waste (as
determined by reference to the waste
type set out in the document entitled
"Landfill Waste Classification and
Waste Definitions 1996" published by
the Chief Executive Officer and as
amended from time to time) is
accepted for burial. Not applicable

(2) Schedule 1 Part 2 is amended as follows:

(a) in category 85 by deleting "treatment";

15 August 20001 GOVERNMENT GAZETTE, WA 4717

(b)	after category 85 by inserting -
85A	Sewage pumping station: premises on Not applicable which sewage is pumped (other than to or from septic tanks) and where a discharge of waste from the station may enter the Swan River or the Canning River.
(c)	after category 87 by inserting -

88         Metal finishing: premises on which - Not applicable

(a) metals are chemically cleaned or metals, plastics or metal or plastic products are plated,

electroplated, anodised,
coloured or otherwise coated or

finished; and

(b) from which liquid waste is discharged into a sewer.

12.          Schedule 4 amended

(1) Schedule 4 Part us amended as follows:

(a)	by deleting the item "Categories 1 and 2" and inserting instead -
Categories Not more than 2 000 animals 1 and 2	25

More than 2 000 animals but not more

than 5 000 animals	50
More than 5 000 animals	100 ,,.

(b) in "Categories 33, 35, 36, 37, 38 and 39" by deleting ", 38 and 39" and inserting instead -

44

and 38 ";

(c)	after the item "Categories 33, 35, 36, 37, 38 and 39' by inserting -
Category Not more than 500 tonnes per year 39	20

More than 500 tonnes but not more than

2 000 tonnes per year	50
More than 2 000 but not more than
10000 tonnes per year	100
More than 10 000 but not more than
50 000 tonnes per year	200
More than 50 000 tonnes per year	300

4718 GOVERNMENT GAZETTE, WA [15 August 2000

(d)	by deleting the item "Category 48" and inserting instead -
Category Not more than 100 tonnes per year 48	25

More than 100 tonnes but not more than

1 000 tonnes per year	50
More than 1 000 tonnes but not more
than 20 000 tonnes per year	100
More than 20 000 tonnes per year	200

Category Not more than 1 000 tonnes per year
48A 50

More than 1 000 tonnes but not more

than l0000 tonnes per year	100
More than 10 000 tonnes per year	200

(e) by deleting the item "Category 55" and inserting instead -

33

Category Not more than 50 000 animals per year
55 20

More than 50 000 animals per year 50

(1) in category 61 by deleting "Category 61" and inserting

instead -

Categories 61 and 61A

(g) in "Categories 68 to 87" by deleting "87" and inserting

instead -

" 88

(2) The heading to Schedule 4 Part 2 is amended after bitterns' by
inserting -

46 , water to allow mining of ore, ".

(3) Schedule 4 Part 3 Table 2 is amended as follows:

(a)	Item 4(a) is amended by deleting "manganese,";
(b)	after Item 4(c) the following paragraph is inserted -
" (d) manganese 10 ".

13.          Schedule 6 amended

Schedule 6 under the heading "Environmental Protection following item -

46

IA. regulation 5M(4) 250 500

15 August 20001 GOVERNMENT GAZETTE, WA 4719

Recommended by the Environmental Protection Authority,

B. BOWEN, Chairman.

By Command of the Administrator,

ROD SPENCER, Clerk of the Executive Council.