Environmental Protection (Waste Management) Amendment Regulation (No. 1) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 295 Environmental Protection Act 1994 ENVIRONMENTAL PROTECTION (WASTE MANAGEMENT) AMENDMENT REGULATION (No. 1) 2002 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 38 (Consignment numbers for waste transported into Queensland). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Replacement of s 51 (Clinical waste to be removed within 7 days) . . . . . . . 3 51 Storage of clinical or related waste . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Insertion of new pt 6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 6A—APPROVAL OF RESOURCE FOR BENEFICIAL USE Division 1—Preliminary 66A Definitions for pt 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 2—Application for approval 66B Application for approval of a resource or stated type of resource—Act, s 13 .............................. 4 66C Administering authority may require additional information . . . . . . 5 Division 3—Deciding application 66D Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 66E Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 66F Grant of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 66G Refusal of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2 Environmental Protection (Waste Management) Amendment Regulation (No. 1) 2002 No. 295, 2002 Division 4—Amendment, cancellation or suspension of particular approvals 66H Transfer of benefit of approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 66I Amendment of approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 66J Cancellation or suspension of an approval . . . . . . . . . . . . . . . . . . . . 9 66K Procedure for amendment, cancellation, or suspension of approval . 10 Division 5—Conditions of approvals 66L Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 66M Conditions of approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 66N Failure to comply with condition of approval . . . . . . . . . . . . . . . . . . 13 6 Insertion of new pt 7, divs 3 and 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 3—Review of decisions and appeal 68C Review and appeal decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 68D Dissatisfied persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 4—Registers 68E Register of approvals of a resource or type of resource. . . . . . . . . . . 14 68F Other registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 15 MINOR AMENDMENTS

s1 3 s5 Environmental Protection (Waste Management) No. 295, 2002 Amendment Regulation (No. 1) 2002 1 Short title This regulation may be cited as the Environmental Protection (Waste Management) Amendment Regulation (No. 1) 2002 . 2 Regulation amended This regulation amends the EnvironmentalProtection(WasteManagement) Regulation 2000. 3 Amendment of s 38 (Consignment numbers for waste transported into Queensland) Section 38(8), definition “due day”, paragraph (a), ‘fifth’— omit, insert — ‘tenth’. 4 Replacement of s 51 (Clinical waste to be removed within 7 days) Section 51— omit, insert — ‘51 Storage of clinical or related waste ‘A person who operates premises at which clinical or related waste is generated and stored must ensure the waste does not create an environmental nuisance after it is generated. Maximum penalty—40 penalty units.’. 5 Insertion of new pt 6A After part 6— insert —

s5 4 s5 Environmental Protection (Waste Management) No. 295, 2002 Amendment Regulation (No. 1) 2002 ‘PART 6A—APPROVAL OF RESOURCE FOR BENEFICIAL USE ‘Division 1—Preliminary ‘66A Definitions for pt 6A ‘In this part— “approval” means a general or specific approval. “general approval” means an approval of a resource, or a stated type of resource, of which everyone has the benefit. “holder” , of a specific approval, means the person who has the benefit of the approval. “specific approval” means an approval of a resource, or stated type of resource, of which only a stated person has the benefit. ‘Division 2—Application for approval ‘66B Application for approval of a resource or stated type of resource—Act, s 13 ‘ (1) A person may apply to the administering authority to approve a resource, or a stated type of resource, under section 13(4) 1 of the Act only if— (a) the person possesses the resource, or a resource of that type, when the application is made; or (b) the person has consent to make the application from the person who, when the application is made, has possession of the resource, or a resource of that type. ‘ (2) The application must— (a) be written and include the following information about the resource, or type of resource— 1 Section 13 (Waste) of the Act

s5 5 s5 Environmental Protection (Waste Management) No. 295, 2002 Amendment Regulation (No. 1) 2002 (i) a description of it, including, for example, its physical state and its components and their concentrations; (ii) details of any of its environmentally significant characteristics; (iii) details of its origin, including, for example, its place of production and the type of activity resulting in its production; (iv) details of the form of transportation, storage, re-use, recycling, energy recovery, reprocessing or other use proposed for it; (v) details of the benefits, and any end product, of its proposed use; (vi) the quantity of it proposed to be used; (vii) details of any relevant waste minimisation, waste management plan prepared or code of practice; and (b) state details of the proposed measures to ensure the applicant’s proposed use of the resource, or stated type of resource, is not likely to result in material environmental harm, serious environmental harm, or environmental nuisance; and (c) be accompanied by the fee that— (i) the administering authority considers to be reasonable; and (ii) is not more than the reasonable cost of deciding the application. ‘66C Administering authority may require additional information ‘ (1) The administering authority may, by written notice, ask the applicant to give the authority further reasonable information or documents about the application by a reasonable date stated in the notice. ‘ (2) The notice must be accompanied by, or include, an information notice about the decision to require further information. ‘ (3) The administering authority may refuse the application if the applicant does not give the chief executive the further information or documents by the stated day, without reasonable excuse.

s5 6 s5 Environmental Protection (Waste Management) No. 295, 2002 Amendment Regulation (No. 1) 2002 ‘ (4) The applicant may, before the stated day, apply to the administering authority to extend the time for providing the further information. ‘Division 3—Deciding application ‘66D Deciding application ‘ (1) The administering authority must decide either to grant or refuse the approval within 40 business days after the later of the following days— (a) the day the administering authority receives the application; (b) if additional information is requested under section 66C—the day the administering authority receives the information. ‘ (2) However, the administering authority may fix a later day for making a decision under subsection (1) by giving the applicant, within 40 business days after the later of the days mentioned in subsection (1)(a) and (b), a written notice that it has fixed the later day. ‘ (3) The later day fixed under subsection (2) must not be more than 60 business days after the later of the days mentioned in subsection (1)(a) and (b). ‘ (4) A failure to make a decision under this section is taken to be a decision by the authority to refuse the application. 2 ‘66E Criteria for decision ‘ (1) In deciding whether to grant or refuse an approval, the administering authority must consider the following— (a) the standard criteria; (b) the best practice environmental management for the particular use of the resource, or type of resource; (c) the likelihood of any material environmental harm, serious environmental harm, or environmental nuisance; (d) the benefit and sustainability of the proposed use of the resource, or type of resource; 2 See also division 5 (Conditions of approvals).

s5 7 s5 Environmental Protection (Waste Management) No. 295, 2002 Amendment Regulation (No. 1) 2002 (e) any alternative use of the resource, or type of resource. ‘ (2) Also, the administering authority may consider the following— (a) the applicant’s environmental record; (b) the applicant’s ability to comply with any proposed conditions of the proposed approval; (c) whether a disqualifying event has happened in relation to— (i) if the applicant is an individual—the applicant or another person who is the applicant’s partner; or (ii) if the applicant is a corporation—any of the corporation’s executive officers, or another corporation of which any of the corporation’s executive officers is, or has been, an executive officer. ‘66F Grant of approval ‘ (1) If the administering authority grants an approval, it must, within 10 business days, give the applicant a notice stating the following— (a) the approval has been granted; (b) whether the approval is a general or specific approval; (c) if the approval is a specific approval—the person who has the benefit of the approval; (d) the period of the approval; (e) any conditions imposed under section 66M. ‘ (2) Also, if, under section 66M, the administering authority decides to impose a condition on a specific approval, the administering authority must, within 10 business days, give the holder of the approval an information notice about the decision. ‘ (3) However, subsection (2) does not apply to a condition that is the same, or substantially the same, as a condition agreed to or requested by the holder.

s5 8 s5 Environmental Protection (Waste Management) No. 295, 2002 Amendment Regulation (No. 1) 2002 ‘66G Refusal of approval ‘If the administering authority decides to refuse the approval, it must, within 10 business days, give the applicant an information notice about the decision. 3 ‘Division 4—Amendment, cancellation or suspension of particular approvals ‘66H Transfer of benefit of approval ‘ (1) The holder of a specific approval granted under section 66F may apply to the administering authority to transfer the benefit of the approval. ‘ (2) The application must be— (a) written; and (b) made by the holder of the approval and the proposed transferee; and (c) be accompanied by the fee that— (i) the administering authority considers to be reasonable; and (ii) is not more than the reasonable cost of deciding the application. ‘ (3) In deciding whether to transfer— (a) the authority may consider the criteria under section 66E; and (b) a reference to the applicant in the criteria is taken to be a reference to the proposed transferee. ‘ (4) The authority must decide to either approve or refuse the transfer within 40 business days after the day it receives the application. ‘ (5) If the authority decides to transfer, it must, within 10 business days, give each applicant a notice stating— (a) it has decided to make the transfer; and (b) the day the transfer takes effect. 3 For reviews or appeals from a refusal to grant an approval, see the Act, section 520 (Dissatisfied person) and schedule 1 (Original decisions).

s5 9 s5 Environmental Protection (Waste Management) No. 295, 2002 Amendment Regulation (No. 1) 2002 ‘ (6) If the authority decides to refuse to transfer, it must, within 10 business days, give each applicant an information notice about the decision. ‘66I Amendment of approval ‘ (1) The administering authority may, at any time, by giving written notice, amend an approval granted under section 66F, if— (a) the amendment corrects a clerical or formal error and does not adversely affect the interests of any person who has the benefit of the approval; or (b) if the approval is a specific approval— (i) the amendment is at the request, or with the written consent, of the holder of the approval; or (ii) the administering authority has complied with section 66K. ‘ (2) In this section— “amend” , an approval, includes— (a) amending a condition imposed on the approval; and (b) removing a condition imposed on the approval; and (c) imposing a new condition on the approval. ‘66J Cancellation or suspension of an approval ‘ (1) The administering authority may cancel or suspend an approval granted under section 66F if— (a) an event mentioned in subsection (2) has happened; and (b) the authority complies with section 66K. ‘ (2) For subsection (1)(a), the event is each of the following— (a) the approval was granted because of a materially false or misleading representation or declaration; (b) the approval was granted on the basis of certain matters or information that have changed and the change is likely to result

s 5 10 s 5 Environmental Protection (Waste Management) No. 295, 2002 Amendment Regulation (No. 1) 2002 in material environmental harm, serious environmental harm or environmental nuisance; (c) a condition imposed on the approval has not been complied with. ‘66K Procedure for amendment, cancellation, or suspension of approval ‘ (1) This section applies if the administering authority proposes— (a) to, under section 66I(1)(b)(ii), amend a specific approval; or (b) to, under section 66J, cancel or suspend an approval. ‘ (2) The administering authority must— (a) for a general approval—publish a notice in 2 newspapers circulating generally throughout the State; or (b) for a specific approval—give a written notice to the holder of the approval. ‘ (3) The notice must state each of the following— (a) the action the administrating authority proposes to take; (b) if the proposed action is an amendment—the proposed amendment; (c) if the proposed action is suspension—the proposed suspension period; (d) the grounds for the proposed action; (e) the facts and circumstances that form the basis for the grounds; (f) that the relevant person for the approval may make, within a stated period (the “show cause period” ), written representations to show why the proposed action should not be taken. ‘ (4) The show cause period must end at least 20 business days after— (a) for a general approval—the notice is published; or (b) for a specific approval—the holder of the approval is given the notice. ‘ (5) The administering authority must consider any representations made within the show cause period.

s 5 11 s 5 Environmental Protection (Waste Management) No. 295, 2002 Amendment Regulation (No. 1) 2002 ‘ (6) If the administering authority decides to take the proposed action, it must, within 10 business days after making the decision— (a) for a general approval—publish an information notice in 2 newspapers circulating generally throughout the State; or (b) for a specific approval—give the holder of the approval, or the former holder of the approval, an information notice about the decision. ‘ (7) The decision takes effect when the information notice is published or given. ‘ (8) In this section— “relevant person” — (a) for a general approval, means the person who has performed one of the following acts to form the basis of the grounds for the proposed action— (i) made a materially false or misleading representation or declaration; (ii) not complied with a condition imposed on the approval; or (b) for a specific approval, means the holder of the approval. ‘Division 5—Conditions of approvals ‘66L Application of div 5 ‘This division applies to an approval of a resource, or stated type of resource under section 13(4) of the Act granted— (a) under section 66F; or (b) on the administering authority’s own initiative. ‘66M Conditions of approvals ‘ (1) The administering authority may impose relevant conditions on an approval it considers are necessary or desirable. ‘ (2) Without limiting subsection (1), the conditions may— (a) require that the resource, or type of resource must—

s 5 12 s 5 Environmental Protection (Waste Management) No. 295, 2002 Amendment Regulation (No. 1) 2002 (i) have a particular characteristic, including, for example, a particular form or contaminant concentration; or (ii) be produced or received only by a stated industry; or (iii) if the approval is a specific approval—be produced or received only at stated premises; or (b) require that a particular quantity of the resource, or type of resource, be used over a stated period; or (c) require a relevant person to carry out— (i) any sampling, analysis, monitoring or reporting; or (ii) any measures to ensure that the management of the resource, or type of resource, is not likely to result in material environmental harm, serious environmental harm or environmental nuisance; or (iii) any action to ensure that the approval is not likely to result in material environmental harm, serious environmental harm or environmental nuisance; or (d) if the approval is a specific approval—require the holder of the approval to give written notice to the administering authority of any change in the matters or information relating to the approval. ‘ (3) In this section— “general approval” includes an approval by the administering authority on its own initiative. “relevant person” means— (a) for a general approval—the producer, receiver, re-user, recycler or energy recoverer of the resource, or type of resource; or (b) for a specific approval—the holder of the approval. 4 4 For reviews or appeals from an imposition of a condition, see the Act, section 520 (Dissatisfied person) and schedule 1 (Original decisions).

s 6 13 s 6 Environmental Protection (Waste Management) No. 295, 2002 Amendment Regulation (No. 1) 2002 ‘66N Failure to comply with condition of approval ‘A person to whom a condition imposed on an approval under section 66M applies must not fail to comply with the condition. Maximum penalty—165 penalty units.’. 6 Insertion of new pt 7, divs 3 and 4 Part 7— insert — ‘Division 3—Review of decisions and appeal ‘68C Review and appeal decisions ‘Chapter 11, part 3 5 of the Act applies to the following decisions as if the decision were a decision mentioned in schedule 1, part 2 6 of the Act— (a) the following decisions of the administering executive— (i) a decision, under section 37, to refuse a way of giving information; (ii) a decision, under section 38, to refuse an application for a consignment number for the transportion of trackable waste; (b) the following decisions of the administering authority— (i) a decision, under section 39, to refuse an application for an exemption for the transportation of particular trackable waste; (ii) a decision, under section 64, to refuse an application for an exemption for the use of equipment containing concentrated PCB material; (iii) a decision, under section 66C, to ask for further information; (iv) a decision, under section 66H, to refuse to transfer the benefit of an approval; 5 Chapter 11, part 3 (Review of decisions and appeals) of the Act 6 Schedule 1, part 2 (Original decisions for Court appeals) of the Act

s 6 14 s 6 Environmental Protection (Waste Management) No. 295, 2002 Amendment Regulation (No. 1) 2002 (v) a decision, under section 66I, to amend an approval; (vi) a decision, under section 66J, to cancel or suspend an approval. ‘68D Dissatisfied persons ‘For section 68C, the dissatisfied person is— (a) for a decision mentioned in section 68C(a) and (b)(i) to (iv)—the applicant; and (b) for a decision mentioned in section 68C(b)(v) and (vi)—a person who has the benefit of the approval. ‘Division 4—Registers ‘68E Register of approvals of a resource or type of resource ‘ (1) This section applies to— (a) an approval of a resource, or type of resource, under section 13(4) of the Act, granted under section 66F or on the administering authority’s own initiative; and (b) a refusal of an approval of a resource, or type of resource, under section 66G. ‘ (2) The administering authority must keep a register of the approvals and refusals. ‘ (3) The register must include details of any conditions imposed under section 66M on an approval. ‘68F Other registers ‘ (1) The administering executive must keep a register of approvals, under section 37, of a way of giving information to the administering authority. ‘ (2) The administering authority must keep a register of the following— (a) an exemption granted under section 39 or 64; (b) information notified under section 61.’.

15 Environmental Protection (Waste Management) Amendment Regulation (No. 1) 2002 No. 295, 2002 SCHEDULE MINOR AMENDMENTS section 2 1 Section 13(b), ‘ Fire and Rescue Authority Act 1990 ’— omit, insert — ‘ Fire and Rescue Service Act 1990 ’. 2 Sections 37(8) and (9), 38(7), 39(6) and (7), 61(3) and 64(9) and (10)— omit . 3 Sections 37(10) and (11)— renumber as sections 37(8) and (9). 4 Section 38(8)— renumber as section 38(7). 5 Section 39(8)— renumber as section 39(6). 6 Section 39(8), definitions, “environmentally significant characteristic” and “NEPM”— relocate to schedule 9. 7 Section 61(4)— renumber as section 61(3).

16 Environmental Protection (Waste Management) Amendment Regulation (No. 1) 2002 No. 295, 2002 7 Section 64(11)— renumber as section 64(9). 8 Schedule 3, heading, ‘section 39(8)’— omit, insert — ‘schedule 9’. ENDNOTES 1. Made by the Governor in Council on 7 November 2002. 2. Notified in the gazette on 8 November 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Environmental Protection Agency. © State of Queensland 2002