Environmental Protection (Liquid Waste) Regulations 1996 (WA)
Western Australia
Environmental Protection Act 1986
These regulations were repealed by the
Western Australia
Western Australia
Environmental Protection Act 1986Environmental Protection Act 1986
These regulations may be cited as the
In these regulations, unless the contrary intention appears —
(d) an apparatus for the treatment of sewage;
[(a) deleted] (b) discharged under a disposal licence under section 47 of the
Waterways Conservation Act 1976 or a permit to discharge industrial waste under theMetropolitan Water Supply, Sewerage and Drainage By‑laws 1981 (unless it is a condition of the licence or permit that the discharge of the waste is to be subject to these regulations);(c) stormwater that is not contaminated with material likely to be harmful to health or the environment; or
(d) re‑used under a permit issued under regulation 45;
(1) Subject to subregulation (2), these regulations apply in respect of liquid waste produced, collected, stored, or disposed of, in —
(a) the region described in the Third Schedule to the
Metropolitan Region Town Planning Scheme Act 1959 ; and(b) a local government district that the Chief Executive Officer has, by order published in the
Gazette , directed is one in which these regulations apply.
(1a) An order made under subregulation (1)(b) may be revoked or varied by a subsequent order.
(2) The Chief Executive Officer may, by order published in the
Gazette , direct that all or any of the provisions of these regulations do not apply according to the order —(a) in respect of liquid waste produced, collected, stored, or disposed of, in a municipality of a local government district specified in an order made under subregulation (1)(b); or
(b) in respect of liquid waste of a class or type specified in the order.
(3) An order made under subregulation (2) may be —
(a) subject to such conditions as the Chief Executive Officer specifies in the order; and
(b) revoked or varied by a subsequent order.
(1) An application for a licence is to be —
(a) made in the approved manner and form; and
(b) accompanied by the appropriate fee specified in Schedule 3.
(2) The Chief Executive Officer may, before determining an application for a licence, require the applicant to provide the Chief Executive Officer with such further information as the Chief Executive Officer requires in any particular case.
(1) Subject to subregulation (2), the Chief Executive Officer is to grant an application made under regulation 4 and issue to the applicant a licence.
(2) The Chief Executive Officer may refuse an application for a licence made under regulation 4 on the grounds that —
(a) the applicant, or where the applicant is a body corporate, an individual concerned with the control and management of the body corporate, has been convicted of an offence against the Act, these regulations or the repealed regulations or any other offence that relates to the collection, storage or disposal of liquid waste;
(b) the applicant, or where the applicant is a body corporate, an individual concerned with the control and management of the body corporate, is not of good character and repute and fit to be involved in the business in respect of which the application is made;
(c) the applicant’s licence is suspended;
(ca) any fees that the applicant is or has been required to pay under these regulations have not been paid;
(d) the applicant, or where the applicant is a body corporate, an individual concerned with the control and management of the body corporate, has previously been licensed under these regulations or the repealed regulations and that licence has been cancelled or refused renewal;
(e) the application contains or is accompanied by information that is false or misleading to a significant extent; or
(f) the applicant is already the holder of a licence, or where the applicant is a body corporate, an individual concerned with the control and management of the body corporate, is already the holder of a licence or is concerned with the control and management of a body corporate that is already the holder of a licence.
(1) The Chief Executive Officer may issue or renew a licence subject to such conditions as the Chief Executive Officer thinks fit.
(2) The Chief Executive Officer may at any time by written notice —
(a) impose conditions upon a licence that has been granted;
(b) add to, change or remove conditions already imposed; and
(c) in the case of a licence issued in respect of premises, add or remove a category of waste specified in the licence.
(3) If the Chief Executive Officer decides to act under subregulation (2) —
(a) the Chief Executive Officer is to give written notice of the decision to the holder of the licence; and
(b) the decision does not take effect until 7 days after the notice is given, or such later time as is set out in the notice.
(4) A person who holds a licence and who contravenes a condition to which that licence is subject commits an offence.
(5) A person who holds a licence may apply to the Chief Executive Officer for a condition of the licence to be changed or removed by application —
(a) made in the approved form; and
(b) accompanied by the appropriate fee specified in Schedule 3.
A full or partial refund of the fee accompanying an application for a licence may be made at the discretion of the Chief Executive Officer to the applicant or licensee if —
(a) the application is not granted or the licence is granted for a period of less than one year; or
(b) the applicant is or a licensee becomes a participant in an approved waste management programme,
but no refund is demandable.
Subject to these regulations —
(a) a licence expires on 30 June after it is granted.
(1) Upon application made before 31 July in the year of renewal of a licence accompanied by the appropriate fee specified in Schedule 3, the Chief Executive Officer may renew the licence.
(2) An applicant for renewal of a licence in respect of premises may apply to renew the licence for a period of one year and subject to these regulations the renewal, if granted, is to have effect for that period.
[(3) repealed] (4) A renewal of a licence takes effect on the day immediately succeeding the day on which the previous licence expired or will expire.
(1) Subject to this regulation, the Chief Executive Officer may cancel, suspend for a fixed period or refuse to renew a licence on the grounds that —
(a) the holder has been convicted of an offence against the Act, these regulations or the repealed regulations or any other offence that relates to the collection, storage or disposal of liquid waste;
(ab) any fee that the holder is or has been required to pay under these regulations is unpaid;
(b) the Chief Executive Officer is of the opinion that there has been a breach of a condition to which the licence is subject; or
(c) the licence was obtained by fraud or misrepresentation.
(1a) If the holder of a licence has been charged with an offence under the Act relating to the disposal of liquid waste or an offence under these regulations, the Chief Executive Officer may suspend the licence until the charge in respect of the offence has been finally dealt with or determined according to law.
(2) Unless otherwise provided in these regulations, if the Chief Executive Officer proposes to cancel, suspend or refuse to renew a licence, the Chief Executive Officer is to give to the holder of the licence written notice of the proposal and the reasons for the proposal.
(3) A notice given under subregulation (2) is to state that within 14 days after the notice is given, the person to whom it is given may make written representations to the Chief Executive Officer concerning the matter, and the Chief Executive Officer is not to determine the matter without considering any representations received within that period of 14 days.
(4) If the Chief Executive Officer cancels, suspends, or refuses to renew, a licence the Chief Executive Officer is to give to the holder of the licence written notice of the cancellation, suspension or refusal to renew.
(1) The Chief Executive Officer may require the holder of a licence to return the licence to the Chief Executive Officer where —
(a) the licence has been cancelled or suspended or has not been renewed; or
(b) conditions or further details are to be endorsed on the licence.
(2) A person who fails to comply, within 21 days of receiving notice of the requirement, with a requirement made of that person by the Chief Executive Officer under subregulation (1), commits an offence.
(3) It is a defence to a prosecution for an offence against subregulation (2) if the defendant satisfies the court that the failure to surrender the licence was due to its loss or destruction.
(1) In this regulation —
(a) that is discharged under a licence under Part V of the Act; or
(b) from an apparatus for the treatment of sewage.
(2) An occupier of premises on which a liquid waste is produced as a result of a process the purpose of which is to make a profit or gain must not cause or permit liquid waste to be removed from the premises unless —
(a) the premises are licensed and the category of liquid waste removed is specified in the relevant licence; or
(b) the liquid waste is removed from the premises in accordance with a valid permit issued under the
Environmental Protection (Controlled Waste) Regulations 2001 .
(3) Subregulation (2) does not apply if liquid waste from more than one premises owned by the same person is discharged into the same collection tank but the occupier of each premises must not cause or permit liquid waste to be discharged into the tank unless the premises have been licensed by the owner or managing agent of the premises.
(4) If liquid waste is discharged into a collection tank in accordance with subregulation (3), the owner or managing agent of the premises must not cause or permit liquid waste to be removed from the premises unless —
(a) the premises are licensed and the category of liquid waste removed is specified in the relevant licence; or
(b) the liquid waste is removed from the premises in accordance with a valid permit issued under the
Environmental Protection (Controlled Waste) Regulations 2001 .
(5) The requirements prescribed by subregulation (2) and (3) are prescribed standards for the purpose of section 51 of the Act.
(6) A person who fails to comply with a requirement under subregulation (4) commits an offence.
(1) The Chief Executive Officer is to specify in a licence issued under these regulations in respect of premises on which liquid waste is produced —
(a) the categories of liquid waste that may be removed from the licensed premises;
(b) the number of collection tanks that may be situated on the premises, the places where those collection tanks are to be situated, bunding that may be required around collection tanks, and the liquid waste that may be placed in those collection tanks;
(c) if an organic solvent is used on the premises, that a report is to be made to the Chief Executive Officer by a date specified in the licence setting out the quantity of the solvent taken on to the premises, recycled on the premises, and removed from the premises during such period as is specified in the licence; and
(d) the manner in which, and the intervals at which, a grease trap or oil interceptor on the premises is to be serviced.
(2) The holder of a licence issued in respect of premises on which liquid waste is produced who fails to notify the Chief Executive Officer immediately if liquid waste of a category other than a category specified in the licence is produced on the premises commits an offence.
(3) The Chief Executive Officer is to specify in a licence issued under these regulations in respect of premises on which a collection tank is located but on which a liquid waste is not produced the categories of liquid waste that may be discharged into the tank.
(4) An owner of premises referred to in subregulation (3) who fails to notify the Chief Executive Officer in writing immediately if liquid waste of a category other than a category specified in the licence for the premises is discharged into the tank commits an offence.
(1) An owner of premises must not allow or permit a collection tank to be located on the premises unless the premises have been licensed by the owner or the occupier of the premises.
(2) A person who contravenes subregulation (1) commits an offence.
(1) The Chief Executive Officer may issue an identification plate in respect of an individual collection tank or a group of collection tanks used for the same category of liquid waste.
(2) The holder of a licence issued in respect of premises on which liquid waste is produced must ensure that each collection tank on the premises —
(a) has an identification plate, or is part of a group of collection tanks with an identification plate, issued by the Chief Executive Officer and endorsed with a number allocated to it or to the group by the Chief Executive Officer; and
(b) has attached to it, or in close proximity to it, in a place that has been specified in writing by the Chief Executive Officer, or, if no place has been so specified, in a place that is clearly visible, the identification plate issued for that collection tank or group of tanks.
(3) The requirements prescribed by subregulation (2) are prescribed standards for the purposes of section 51 of the Act.
(1) Before an application for a licence or renewal of a licence of premises is determined, the Chief Executive Officer is to inspect the premises including a collection tank on the premises and may, if considered necessary, direct that the premises or a collection tank on the premises is to be tested as specified in the direction.
(2) A licence is not to be issued or renewed in respect of premises on which a collection tank is situated unless the Chief Executive Officer is satisfied that the collection tank is —
(a) sealable so as to prevent escape of odour;
(b) calibrated at 500 litre intervals using a dipstick or other approved system so that the volume of the contents can be quickly and accurately measured;
(c) impervious; and
(d) appropriately designed to avoid spillage and contain spilled material and odour.
(3) The applicant for a licence or a renewal of a licence is liable to pay the fee specified in Schedule 3 for the inspection of the premises.
(1) An occupier of licensed premises on which a grease trap or oil interceptor is situated must give written notice to the Chief Executive Officer not later than 14 days after —
(a) ceasing to occupy those premises; or
(b) there ceases to be a grease trap or oil interceptor on the premises.
(2) A person who contravenes subregulation (1) commits an offence.
(3) The Chief Executive Officer may cancel the licence of premises in relation to which a notice has been given under subregulation (1).
The Chief Executive Officer may —
(a) collect moneys payable under conditions of a licence for premises from occupiers of the premises;
(b) pay moneys collected under paragraph (a) for the treatment of liquid waste to disposal site operators;
(c) issue treatment vouchers to occupiers of licensed premises who have paid moneys to the Chief Executive Officer for the treatment of liquid waste from a grease trap or oil interceptor; and
(d) refund moneys collected under paragraph (a) for the treatment of liquid waste to an occupier of licensed premises if the occupier ceases to occupy the premises on which there is a grease trap or oil interceptor or if there ceases to be a grease trap or oil interceptor on the premises.
(1) Subject to subregulation (2), a person who places in a collection tank on licensed premises liquid waste of a category other than a category specified in the licence of those premises commits an offence.
(2) Subregulation (1) does not apply if the Chief Executive Officer has, by written notice, approved the storage of that category of liquid waste in the collection tank.
(1) The Chief Executive Officer may give written approval to a person to re‑use liquid waste.
(2) The approval is to specify —
(a) the type of liquid waste that may be reused under the approval;
(b) directions as to the manner in which the liquid waste is to be re‑used; and
(c) the period for which the approval is of effect.
(3) The Chief Executive Officer may by written notice revoke or vary an approval given under subregulation (1).
(4) A person must not re‑use liquid waste unless —
(a) the person has an approval under subregulation (1); and
(b) the liquid waste is re‑used in accordance with the directions specified in the approval.
(5) A person who contravenes subregulation (4) commits an offence.
For the purposes of section 62(1)(h) of the Act the Chief Executive Officer may specify as a condition of a licence under Part V of the Act held by an occupier of a sewage or waste water treatment plant that the occupier must —
(a) ensure that liquid waste is discharged at the treatment plant in an approved manner;
(b) record in an approved manner and form information on the discharge of liquid waste, and the persons discharging liquid waste, under these regulations at that plant; and
(c) report that information to the Chief Executive Officer in an approved manner and form.
For the purposes of section 62(1)(h) of the Act the Chief Executive Officer may specify as a condition of a licence under Part V of the Act held by an occupier of premises from which liquid waste is discharged that the occupier must ensure that —
(a) the liquid waste is discharged in a condition that is suitable for transport and disposal, and for that purpose must ensure that —
(i) hexavalent chromium is converted to trivalent chromium (with a total hexavalent chromium in the discharged waste not exceeding 100 milligrams per litre);
(ii) the liquid waste is neutralized to within the pH range 2.5 to 12; and
(iii) free cyanide is oxidized to a level not greater than 5 milligrams per litre.
(b) waste oils and solvents are collected separately for re‑use;
(c) the disposal of the liquid waste from the premises at a disposal site is booked, in advance, with the operator of the disposal site;
[(d) deleted] (e) the Chief Executive Officer is notified immediately if liquid waste of a category other than a category specified in the licence is discharged from the premises;
(f) each collection tank on the premises —
(i) has an identification plate, or is part of a group of collection tanks with an identification plate, issued by the Chief Executive Officer and endorsed with a number allocated to it or to the groups by the Chief Executive Officer; and
(ii) has attached to it, or in close proximity to it in a place that is clearly visible, the identification plate issued for that collection tank or group of tanks;
(g) liquid waste is not placed in a collection tank on the premises if the liquid waste is of a category other than a category specified in the licence (unless the Chief Executive Officer has otherwise approved)
(1) The Chief Executive Officer may by written notice exempt a person from compliance with any of the regulations in Parts 2 and 3 if the Chief Executive Officer is satisfied that —
(a) the circumstances in which the exemption is requested are exceptional; and
(b) the exemption will not adversely affect the operation of these regulations.
(2) The Chief Executive Officer may by further written notice revoke or vary an exemption made under subregulation (1).
(1) The Chief Executive Officer may by written notice exempt a person from compliance with a specified condition of a licence for premises or any of these regulations if the person is a participant in an approved waste management programme for waste produced on those premises.
(2) The Chief Executive Officer may by further written notice revoke or vary an exemption made under subregulation (1).
A person required to hold a licence or permit under these regulations who, when required to do so by an inspector, fails to produce for inspection the licence or permit commits an offence.
(1) The Chief Executive Officer may by written notice require a person who is the holder of a licence under these regulations to attend at a meeting with the Chief Executive Officer at a time and place specified in the notice.
(2) A person who fails to comply with a requirement under subregulation (1) commits an offence.
(1) Subject to these regulations, the holder of a licence must retain any forms or vouchers given to that person under these regulations and any receipts or other records (however compiled, recorded or stored) of the discharge or collection of liquid waste for a period of not less than 2 years from the date on which they were made.
(2) A person who fails to comply with subregulation (1) commits an offence.
(1) A person who is aggrieved by a decision of the Chief Executive Officer under regulation 5(2), 6(1), 6(5), 10, 13(3), or 48 may within 21 days after the day on which the person is notified of the decision lodge with the Minister an appeal in writing setting out the grounds of the appeal.
(2) An appeal lodged under subregulation (1) is to be treated as if it were an appeal under section 102 of the Act, and for that purpose sections 106 to 110 of the Act apply as if the appeal were an appeal under section 102.
A person who commits an offence against these regulations is liable to a penalty of $5 000.
[Regulation 2]
1. | Animal waste | Processing waste from meat, dairy foods and smallgoods; tallow |
2. | Waste from an apparatus for the treatment of sewage | Septic tank waste, leach drains, french drains, soak wells, holding tanks |
3. | Grease waste | Waste resulting from food preparation processes |
4. | Vegetable oils and derivatives and organic waste other than waste referred to in categories 1, 2 and 3 | Vegetable and fruit processing wastes, starch wastes |
5. | Paints and resins | |
6. | (a) Oil interceptor waste (b) Oils and emulsions | |
7. | Solvents | |
8. | Organic chemicals other than organic chemicals referred to in categories 5 to 7 | |
9. | Acids | |
10. | Alkalis | |
11. | Chromium waste | |
12. | Cyanide | |
13. | Inorganic chemicals other than inorganic chemicals referred to in categories 9 to 12 | |
14. | Low strength waste water | Pond water, cooling tower water, wash waters |
1. | Issue of licence in respect of premises (r. 4(1)) | 226 | 226 | 275 |
2. | Application for change or removal of a condition of a licence (r. 6(5)) | 96 | 98 | 100 |
3. | Renewal of licence in respect of premises (r. 9(1)) | 70 | 160 | 215 |
4. | Inspection fee (r. 15(1)) | 96 | 98 | 100 |
7 Jun 1996 p. 2335‑70 | 7 Jun 1996 | |
2 Sep 1997 p. 4967‑72 | 2 Sep 1997 | |
11 Dec 1998 p. 6597-614 | 8 Jan 1999 (see r. 2) | |
9 Jul 1999 p. 3089‑90 | 1 Sep 1999 (see r. 2) | |
30 Mar 2001 p. 1811‑30 | 1 Apr 2001 (see r. 2) | |
“
Schedule 1 has effect with respect to transitional and savings arrangements.
”.
Schedule 1 reads as follows:
“
[r. 33]
In this Schedule —
A licence of premises issued under the regulations and in force immediately before the commencement of these regulations, on and after the commencement of these regulations is to be taken —
(a) if the licence is for one year, to expire on 30 June 2002;
(b) if the licence is for 3 years, to expire on 30 June 2004.
A licence as a carrier issued under the regulations and in force immediately before the commencement of these regulations, on and after the commencement of these regulations has effect as if the licence were a licence as a carrier issued under the
(a) if the licence is for one year, to expire on 30 June 2002;
(b) if the licence is for 3 years, to expire on 30 June 2004.
A licence as a driver issued under the regulations and in force immediately before the commencement of these regulations, on and after the commencement of these regulations has effect as if the licence were a licence as an operator issued under the
A registration of vehicle under the regulations and in force immediately before the commencement of these regulations, on and after the commencement of these regulations has effect as if the registration of the vehicle were a licence for the vehicle issued under the
”.
apparatus for the treatment of sewage.......................................................................... 2
approved............................................................................................................................ 2
category............................................................................................................................. 2
collection tank................................................................................................................... 2
disposal site....................................................................................................................... 2
grease trap......................................................................................................................... 2
licence................................................................................................................................. 2
liquid waste............................................................................................................. 2, 12(1)
oil interceptor.................................................................................................................... 2
repealed regulations......................................................................................................... 2
waste management programme....................................................................................... 2
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