Environmental Protection Amendment Regulations (No. 6) 1996 (WA)

6876 GOVERNMENT GAZETTE, WA [10 December 1996

ENVIRONMENTAL PROTECTION

EP301

ENVIRONMENTAL PROTECTION ACT 1986

ENVIRONMENTAL PROTECTION AMENDMENT

REGULATIONS (No. 6) 1996

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

Citation

1. These regulations may be cited as the Environmental Protection

Amendment Regulations (No. 6) 1996.

Principal regulations

" , bitterns ";

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

referred to as the principal regulations.

[* Reprinted as at 4 December 1995.

For amendments to 26 November 1996 see Gazettes 13 September,

11 October and 12 November 1996.]

Regulation 5D amended

3. Regulation 5D of the principal regulations is amended —

(a) in subregulation (1) by inserting after "Subject to" the
following —

" subregulation (3) and ";

(b)

in subregulation (1) (b) —

(i)	by inserting after "12," the following — " 14,
(ii)	by inserting after "tailings" the following —

10 December 19961 GOVERNMENT GAZETTE, WA 6877

and

(c) by inserting after subregulation (2) the following

subregulation -

"

(3) No amount is payable under subregulation (1) (c) in respect of bitterns discharges or discharges from category 14 premises.

Regulation 5J amended

4.     Regulation 5J to the principal regulations is amended -

(a) by inserting after the regulation designation "5J." the

subregulation designation "(1)";

(b) by inserting after "regulation SD" the following -

and subject to subregulation (2) "; and

(c) by inserting the following subregulation -

"

Subreulation (1) does not apply to an application for a licence in respect of category 62, 63, 64, 65 or 66 premises. ,,

(2)

Regulation 11 amended

5.     Regulation 11 (1) of the principal regulations is amended in the

definition of "Tyre Landfill Exclusion Zone" by deleting "Schedule 4" and

substituting the following -

" Schedule 5
Schedule 1 amended

6.    (1) Part 1 of Schedule 1 to the principal regulations is amended -

in column 2 of category 47 by deleting "44" and substituting the

(a) following -

tt 45 "; and

(b) by inserting after category 67 the following category -

"

67A	Compost manufacturing	1 000 tonnes or
and soil blending: premises on which organic material (excluding silage) or waste is stored pending processing, mixing, drying or composting to produce commercial quantities of compost or blended soils.	more per year

"

(2) Part 2 of Schedule 1 is amended by deleting item 71.

Schedule 4 (Tyre Landfill Exclusion Zone) repealed

7.     Schedule 4 to theprincipal regulations immediately following Schedule 3

and entitled "Tyre Landfill Exclusion Zone" is repealed.

6878 GOVERNMENT GAZETTE, WA [10 December 1996

Schedule 4 (Licence Fees) amended

8.    (1) Schedule 4 to the principal regulations entitled "Licence Fees" is

amended in Part 1 by deleting the item "Categories 10, 11 and 34" and

substituting the following item -

a

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 250
More than 500 000 but not more than 2 000 000
tonnes per year 400
More than 2 000 000 tonnes per year 600 it

amended in Part 1 by deleting the item "Category 64" and substituting the (2) Schedule 4 to the principal regulations entitled "Licence Fees" is

following item -

a

Categories 64 and 67A	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 100 000 tonnes
per year 320
More than 100 000 tonnes
per year 640

it

amended in Part 2 by inserting after "TAILINGS" the following -	(3)	Schedule 4 to the principal regulations entitled "Licence Fees" is
is

BITTERNS ".

amended in Table 2 in Part 3 by deleting item 1 and substituting the (4) Schedule 4 to the principal regulations entitled "Licence Fees" is

following item -

a

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

(a) biochemical oxygen demand (in the

absence of chemical oxygen demand limit) 0.5

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

10 December 19961 GOVERNMENT GAZETTE, WA 6879

Schedule 5 added

9.   After Schedule 4 to the principal regulations the following Schedule is

added —

a

SCHEDULE 5— TYRE LANDFILL EXCLUSION ZONE

[regulation 11 (1)1

PART 1— METROPOLITAN

Armadale	Fremantle	Rockingham
Bassendean	Gosnells	Serpentine-
Bayswater	Kalamunda	Jarrahdale
Belmont	Kwinana	South Perth
Cambridge	Melville	Stirling
Canning	Mosman Park	Subiaco
Claremont	Mundaring	Swan
Cockburn	Nedlands	Victoria Park
Cottesloe	Peppermint Grove	Vincent
East Fremantle	Perth	Wanneroo

PART 2— COUNTRY

Beverley	Gingin	Northam (Shire)
Boddington	Mandurah	Toodyay
Brookton	Murray	Wandering
Chittering	Northam (Town)	York

Regulation 7 of Environmental Protection Amendment Regulations
(No. 3) 1996 amended

10.   Regulation 7 of the Environmental Protection Amendment Regulations

(No. 3) 1996* is amended by inserting after subregulation (2) the following

subregulation —

d4

(3) This regulation does not operate so as to prevent —

(a)	an occupier of an existing landfill site from applying for a licence in respect of those premises within the period of 6 months after the commencement of these regulations as if the principal regulations as amended by these regulations applied to that site; or
(b)	the granting of a licence under the Act, within the period of 6 months after the commencement of these regulations, in respect of those premises as if the principal regulations as amended by these regulations applied to that site,

and such an application or licence is to have the same effect as if the	principal regulations as amended by these regulations applied to that
site at the time the application was made or the licence was granted.
[* Published in Gazette 13 September 1996, pp. 4545-67.]

Recommended by the Environmental Protection Authority.

R. K. STEEDMAN.

By His Excellency's Command,

J. PRITCHARD, Clerk of the Council.