Protection of the Environment Operations Amendment (Scheduled Activities and Waste) Regulation 2008 (NSW)

2008 No 109

New South Wales

Protection of the Environment

Operations Amendment (Scheduled

Activities and Waste) Regulation 2008

under the

Protection of the Environment Operations Act 1997

The Administrator, with the advice of the Executive Council, has made the following

Regulation under the Protection of the Environment Operations Act 1997.

VERITY FIRTH, M.P.,

Minister for Climate Change and the Environment

Explanatory note
This Regulation:

(a)

replaces Schedule 1 to the Protection of the Environment Operations Act 1997 (the 1997 Act), which lists certain “scheduled activities” for which an environment protection licence is required (and, in the process omits some activities and includes others), and

(b)

amends the Protection of the Environment Operations (General) Regulation 1998 (the 1998 Regulation) so as:

(i)	to insert a provision to apply the definitions contained in Schedule 1 to the 1997 Act to the provisions of Schedule 1 to the 1998 Regulation, and
(ii)	to insert a transitional provision declaring the EPA to be the appropriate regulatory authority for certain existing waste activities, and
(iii)	to insert savings and transitional provisions with respect to the replacement of Schedule 1 to the 1997 Act, and
(iv)	to replace Schedule 1, which prescribes licence fees, as a consequence of the replacement of Schedule 1 to the 1997 Act, and
(v)	to make other minor amendments, and

(c)

amends the Protection of the Environment Operations (Waste) Regulation 2005 (the 2005 Regulation) in relation to waste so as:

(i) to prescribe the circumstances in which any processed, recycled, re-used or recovered substance produced wholly or partly from waste that is applied to land, or used as fuel, is within the definition of waste in the 1997 Act, and

Published in Gazette No 44 of 24 April 2008, page 2794

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2008 No 109

2008 No 109

Protection of the Environment Operations Amendment (Scheduled Activities and Waste)

Regulation 2008

Explanatory note

(ii)       to impose new requirements for the transportation, disposal, re-use or recycling of asbestos waste, and

(iii)      to impose new requirements in relation to clinical and related waste, and

(iv)       to enable certain kinds of waste to be granted an exemption from requirements of the 1997 Act and the 2005 Regulation, and

(v)        to reduce, from 60 to 56 days, the period within which occupiers of waste facilities must pay their contributions under section 88 of the 1997 Act, and

(vi)       to make other minor amendments.

This Regulation is made under the Protection of the Environment Operations Act 1997, including sections 5 (Scheduled activities) and 323 (the general regulation-making power), Schedule 2 and the definition of waste in the Dictionary.

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Protection of the Environment Operations Amendment

(Scheduled Activities and Waste) Regulation 2008

under the

Protection of the Environment Operations Act 1997

1      Name of Regulation

This Regulation is the Protection of the Environment Operations
Amendment (Scheduled Activities and Waste) Regulation 2008.

2      Commencement

This Regulation commences on 28 April 2008.

3 Amendment of Protection of the Environment Operations Act 1997 No 156

The Protection of the Environment Operations Act 1997 is amended as set out in Schedule 1.

4 Amendment of Protection of the Environment Operations (General) Regulation 1998

The Protection of the Environment Operations (General) Regulation
1998 is amended as set out in Schedule 2.

5 Amendment of Protection of the Environment Operations (Waste) Regulation 2005

The Protection of the Environment Operations (Waste) Regulation
2005 is amended as set out in Schedule 3.

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Schedule 1	Amendment of Protection of the Environment Operations Act 1997
Schedule 1	Amendment of Protection of the Environment Operations Act 1997

(Clause 3)

Schedule 1

Omit the Schedule. Insert instead:

Schedule 1 Scheduled activities

(Section 5)

Note. Parts 1 and 2 of this Schedule list the activities that are scheduled activities for the purposes of this Act (see sections 48 and 49). Part 3 defines various words and expressions that are used in Parts 1 and 2.

Part 1 Premises-based activities

1      Application of Part

(1) For the purposes of section 48, any activity that is declared by this Part to be a scheduled activity is taken to be an activity for which a licence is required for the premises at which it is carried out (the activity is premises-based).

Note. Section 48 (2) provides that the occupier of premises at which such an activity is carried out is guilty of an offence unless he or she holds a licence that authorises the activity to be carried out at those premises.

(2)	However, such an activity is not premises-based if it is carried out by means of mobile plant.
Note. But see clauses 46 and 47 by operation of which activities carried out by means of mobile plant are declared for the purposes of section 49.

2      Agricultural processing

(1)  This clause applies to the following activities:
dairy processing, meaning the processing of dairy produce as
part of the production of milk, evaporated or condensed milk,
buttermilk, cream, cheese, butter, ice-cream or similar products.
general agricultural processing, meaning the processing of
agricultural produce (otherwise than as part of the manufacture of
beer, wine, spirits, vinegar, acetic acid or similar products), but
excluding:

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(a)	dairy processing and grape processing, and
(b)	the processing of agricultural produce by means of mobile processing operations.

grape processing, meaning the processing of grapes (otherwise than by distilling) as part of the manufacture of wine, spirits, vinegar, acetic acid or similar products.

(2)

Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

(3)

In this clause:
agricultural produce includes seeds, fruit, vegetables and other
plant material, but excludes dairy produce and grapes.
process includes crush, juice, grind, gin, mill, separate, wash,
sort, coat, roll, press, steam, flake, comb, homogenise and
pasteurise.

Table

Column 1	Column 2
Activity	Criteria
dairy processing	capacity to process more than 30,000 megalitres of dairy produce per year
general agricultural processing	capacity to process more than 30,000 tonnes of agricultural produce per year
grape processing	capacity to process more than 30,000 tonnes of grapes per year

3      Aquaculture and mariculture

(1)  This clause applies to aquaculture and mariculture, each meaning the commercial production of marine, estuarine or freshwater organisms, including aquatic animals and plants but excluding oysters, being an activity that involves:

(a)	supplemental feeding in tanks or artificial waterbodies, and
(b)	the discharge of effluent, liquid sludge or other waste water into natural waterbodies, including discharge by means of a pipe, drain, drainage depression, canal or other form of conveyance.

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(2)	Each activity to which this clause applies is declared to be a scheduled activity.
(3)	In this clause, natural waterbody includes any river, stream, lake, lagoon, swamp, wetland or watercourse (including any natural watercourse that has been artificially modified) or tidal waters (including the sea).

4      Bitumen mixing

(1)	This clause applies to bitumen mixing, meaning the mixing of crushed or ground rock with bituminous materials.
(2)	The activity to which this clause applies is declared to be a scheduled activity if:

(a)	it has a capacity to produce more than 150 tonnes of bituminous mixture per day or 30,000 tonnes of bituminous mixture per year, and
(b)	it is carried out otherwise than on or adjacent to a construction site by means of temporary works used to provide bituminous mixture for that site (that is, works used for periods totalling no more than 12 months).

5      Brewing and distilling

(1)	This clause applies to the activities of brewing and distilling, each meaning the production of alcohol or alcoholic products (otherwise than for the manufacture of wine, vinegar, acetic acid or similar products).
(2)	Each activity to which this clause applies is declared to be a scheduled activity if it has a capacity to produce more than 30 tonnes of alcohol or alcoholic products per day or 10,000 tonnes of alcohol or alcoholic products per year.

6      Cement or lime works

(1)  This clause applies to the following activities:

cement or lime handling, meaning the handling of cement, fly ash, powdered lime (other than agricultural lime) or any other similar dry cement products.

cement or lime production, meaning the production of cement or
lime:

(a)	by heating argillaceous or calcareous materials to produce cement clinkers, grinding clinkers or slags, or
(b)	by hydrating quicklime.

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(2)

Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1	Column 2
Activity	Criteria
cement or lime handling	capacity to handle more than 150 tonnes of cement or lime per day or 30,000 tonnes of cement or

lime per year

cement or lime production capacity to produce more than
150 tonnes of cement or lime per
day or 30,000 tonnes of cement or
lime per year

7      Ceramic works

(1)

This clause applies to the following activities: ceramic waste generation, meaning ceramics production or glass production that involves having on site any prescribed waste (that is, hazardous waste, restricted solid waste or liquid waste, or any combination of them). ceramics production, meaning the production of ceramics (other than glass), including products such as bricks, tiles, pipes, pottery goods or refractories manufactured through a firing process. glass production, meaning the production of glass by melting.

(2)

Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1	Column 2
Activity	Criteria
ceramic waste generation	involves having on site at any time more than 5 tonnes of prescribed waste, not including excluded material (where 1,000 litres of liquid is taken to weigh 1 tonne)

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Column 1	Column 2
Activity	Criteria
ceramics production	capacity to produce more than 150 tonnes of ceramics per day or 15,000 tonnes of ceramics per year
glass production	capacity to produce more than 150 tonnes of glass per day or 15,000 tonnes of glass per year

8      Chemical production

(1)  This clause applies to the following activities:
agricultural fertiliser (inorganic) production, meaning the
commercial production of, or research into, inorganic (other than
phosphate) plant fertilisers.
agricultural fertiliser (phosphate) production, meaning the
commercial production of, or research into, phosphate plant
fertilisers.
ammonium nitrate production, meaning the commercial
production of, or research into, ammonium nitrate for any
purpose, including fertilisers or explosives.
battery production, meaning the commercial production of, or
research into, batteries containing acid or alkali and metal plates.
carbon black production, meaning the commercial production
of, or research into, carbon black.
chemical production waste generation, meaning the commercial
production of, or research into, any chemical substance that
involves having on site any prescribed waste (that is, hazardous
waste, restricted solid waste or liquid waste, or any combination
of them).
dangerous goods production, meaning the commercial
production of, or blending, recovering, using or research into,
dangerous goods (other than toxic substances, explosives or
radioactive substances).
explosives production, meaning the commercial production of,
or research into, explosives for industrial, extractive and mining
purposes or for the production of ammunition, fireworks or fuel
propellants, but not including:

(a)	ammonium nitrate production, or
(b)	the production of explosives for mining purposes, when carried out at a mine.

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paints/polishes/adhesives production, meaning the commercial production of, or research into, paints, paint solvents, pigments, dyes, printing inks, industrial polishes, adhesives or sealants.

pesticides and related products production, meaning the commercial production (otherwise than by simple blending) of, or research into, pesticides, fungicides, herbicides, rodenticides, nematocides, miticides, fumigants or related products.
pesticides and related products (toxic substances) production, meaning the commercial production (otherwise than by simple blending) of, or research into, pesticides, fungicides, herbicides, rodenticides, nematocides, miticides, fumigants or related products that are toxic substances.
petrochemical production, meaning the commercial production of, or research into, petrochemicals and petrochemical products. pharmaceutical and veterinary products production, meaning the commercial production of, or research into, pharmaceutical or veterinary products that are toxic substances.
plastic resins production, meaning the commercial production
of, or research into, synthetic plastic resins.
plastics reprocessing, meaning the reprocessing of plastics
otherwise than by simple melting and reforming.
rubber products/tyres production, meaning the commercial
production of, or research into, rubber products or rubber tyres
(including tyre retreading).
soap and detergents production, meaning the commercial
production (otherwise than by simple blending) of, or research
into, soaps or detergents (including any domestic, institutional or
industrial soaps or detergent activity).
soap and detergents (toxic substances) production, meaning the
commercial production of, or research into, soaps or detergents
that contain toxic substances (including any domestic,
institutional or industrial soaps or detergent activity).
synthetic rubber production, meaning the commercial
production of, or research into, synthetic rubber.
toxic substance production, meaning the commercial production

of, or research into, toxic substances, but not including:

(a)	pesticides and related products (toxic substances) production, or
(b)	pharmaceutical and veterinary products production, or
(c)	soap and detergents (toxic substances) production.

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(2)

Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1	Column 2
Activity	Criteria
agricultural fertiliser (inorganic)	capacity to produce more than
production	20,000 tonnes of inorganic (other than phosphate) plant fertilisers per year
agricultural fertiliser (phosphate)	capacity to produce more than
production	20,000 tonnes of phosphate plant fertilisers per year
ammonium nitrate production	capacity to produce more than 20,000 tonnes of ammonium nitrate per year
battery production	capacity to produce more than 30 tonnes of batteries (calculated by the weight of their metal content) per year
carbon black production	capacity to produce more than 5,000 tonnes of carbon black per year
chemical production waste	involves having on site at any
generation	time more than 5 tonnes of prescribed waste, not including excluded material (where 1,000 litres of liquid is taken to weigh 1 tonne)
dangerous goods production	capacity to produce more than 1,000 tonnes of dangerous goods per year
explosives production	any capacity to produce explosives
paints/polishes/adhesives	capacity to produce more than
production	5,000 tonnes of paints, paint solvents, pigments, dyes, printing inks, industrial polishes, adhesives or sealants per year
pesticides and related products	capacity to produce more than
production	2,000 tonnes of pesticides and related products per year

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Column 1	Column 2
Activity	Criteria
pesticides and related products	capacity to produce more than
(toxic substances) production	1 tonne of pesticides and related products (toxic substances) per year
petrochemical production	capacity to produce more than 2,000 tonnes of petrochemicals per year
pharmaceutical and veterinary	capacity to produce more than
products production	1 tonne of pharmaceutical and veterinary products per year
plastic resins production	capacity to produce more than 2,000 tonnes of plastic resins per year
plastics reprocessing	capacity to reprocess more than 5,000 tonnes of plastics per year
rubber products/tyres production	capacity to produce more than 5,000 tonnes of rubber products or tyres per year
soap and detergents production	capacity to produce more than 5,000 tonnes of soap and detergents per year
soap and detergents (toxic	capacity to produce more than
substances) production	100 tonnes of soap and detergents per year
synthetic rubber production	capacity to produce more than 2,000 tonnes of synthetic rubber per year
toxic substance production	capacity to produce more than 1 tonne of toxic substances per year

9      Chemical storage

(1) This clause applies to the following activities:
chemical storage waste generation, meaning chemical
substances storage that involves having on site any prescribed
waste (that is, hazardous waste, restricted solid waste or liquid
waste, or any combination of them).

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general chemicals storage, meaning the storage or packaging of chemical substances (other than petroleum or petroleum products) in containers, bulk storage facilities or stockpiles.

petroleum products storage, meaning the storage or packaging of petroleum or petroleum products in containers, bulk storage facilities or stockpiles.

(2)

Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1	Column 2
Activity	Criteria

chemical storage waste generation involves having on site at any

time more than 5 tonnes of
prescribed waste, not including
excluded material (where 1,000
litres of liquid is taken to weigh

1 tonne)

general chemicals storage	capacity to store more than 20 tonnes (pressurised gases), 200 tonnes (liquefied gases) or 2,000 tonnes (chemicals in any other form)
petroleum products storage	capacity to store more than 200 tonnes (liquefied gases) or 2,000 tonnes (chemicals in any other form)

10      Coal works

(1)	This clause applies to coal works, meaning any activity (other than coke production) that involves storing, loading or handling coal (whether at any coal loader, conveyor, washery or reject dump or elsewhere) at an existing coal mine or on a separate coal industry site.
(2)	The activity to which this clause applies is declared to be a scheduled activity if:

(a)	it has a capacity to handle more than 500 tonnes per day of coal, or
(b)	it has a capacity to store more than 5,000 tonnes of coal (not including storage within a closed container or building).

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11      Coke production

(1)	This clause applies to coke production, meaning the production of coke from coal (including by quenching, cutting, crushing or grinding).
(2)	The activity to which this clause applies is declared to be a scheduled activity if:

(a)	it has a capacity to handle more than 500 tonnes per day of coke or coal, or
(b)	it has a capacity to store more than 5,000 tonnes of coke or coal (not including storage within a closed container or building).

12      Composting

(1)  This clause applies to composting, meaning the aerobic or anaerobic biological conversion of organics into humus-like products:

(a)	by methods such as bioconversion, biodigestion or vermiculture, or
(b)	by size reduction of organics by shredding, chipping, mulching or grinding.
(2)	The activity to which this clause applies is declared to be a scheduled activity if:
(a) where it takes place inside the regulated area, or takes place outside the regulated area but receives organics from inside the regulated area (whether or not it also receives organics from outside the regulated area):

(i)      it has on site at any time more than 200 tonnes of organics received from off site, or

(ii)      it receives from off site more than 5,000 tonnes per year of non-putrescible organics or more than 200 tonnes per year of putrescible organics, or

(b)

where it takes place outside the regulated area and does not receive organics from inside the regulated area:

(i)	it has on site at any time more than 2,000 tonnes of organics received from off site, or
(ii)	it receives from off site more than 5,000 tonnes per year of non-putrescible organics or more than 200 tonnes per year of putrescible organics.

(3)

For the purposes of this clause, 1 cubic metre of organics is taken
to weigh 0.5 tonnes.

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13      Concrete works

(1)	This clause applies to concrete works, meaning the production of pre-mixed concrete or concrete products (for example, concrete batching plants).
(2)	The activity to which this clause applies is declared to be a scheduled activity if it has a capacity to produce more than 30,000 tonnes per year of concrete or concrete products.

14      Container reconditioning

(1)  This clause applies to container reconditioning, meaning:

(a)

the receiving from off site of containers (including metal, plastic or glass drums, bottles, cylinders or intermediate bulk containers) previously used for the transport or storage of and containing residual quantities of:

(i)	substances of Class 1, 3, 4, 5 or 8 within the meaning of the Transport of Dangerous Goods Code, or
(ii)	substances to which Division 6.2 of the Transport of Dangerous Goods Code applies, and

(b)

the reconditioning, recovering, treating or storing of such containers.

(2)

The activity to which this clause applies is declared to be a scheduled activity if it involves having more than 100 such containers on site at any time.

15      Contaminated soil treatment

(1)	This clause applies to contaminated soil treatment, meaning the on site or off site treatment of contaminated soil (including, in either case, incineration or storage of contaminated soil but excluding excavation for treatment at another site).
(2)	The activity to which this clause applies is declared to be a scheduled activity if:

(a)	in any case, it has the capacity to treat more than 1,000 cubic metres per year of contaminated soil received from off site, or
(b)	where it treats contaminated soil originating exclusively on site, it has a capacity:
(i) to incinerate more than 1,000 cubic metres per year of contaminated soil, or

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(ii)      to treat (otherwise than by incineration) and store more than 30,000 cubic metres of contaminated soil, or

(iii)      to disturb more than an aggregate area of 3 hectares of contaminated soil.

16      Crushing, grinding or separating

(1)	This clause applies to crushing, grinding or separating, meaning the processing of materials (including sand, gravel, rock or minerals, but not including waste of any description) by crushing, grinding or separating them into different sizes.
(2)	The activity to which this clause applies is declared to be a scheduled activity if it has a capacity to process more than 150 tonnes of materials per day or 30,000 tonnes of materials per year.

17      Electricity generation

(1)  This clause applies to the following activities:
general electricity works, meaning the generation of electricity
by means of electricity plant that, wherever situated, is based on,
or uses, any energy source other than wind power or solar power.
metropolitan electricity works (gas turbines), meaning the
generation of electricity by means of electricity plant:

(a)	that is based on, or uses, a gas turbine, and
(b)	that is situated in the metropolitan area or in the local government area of Port Stephens, Maitland, Cessnock, Singleton, Wollondilly or Kiama,

not being emergency stand-by plant that operates for less than
200 hours per year.
metropolitan electricity works (internal combustion engines), meaning the generation of electricity by means of electricity plant:

(a)	that is based on, or uses, an internal combustion engine, and
(b)	that is situated in the metropolitan area or in the local government area of Port Stephens, Maitland, Cessnock, Singleton, Wollondilly or Kiama,

not being emergency stand-by plant that operates for less than
200 hours per year.

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(2)

Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1	Column 2
Activity	Criteria
general electricity works	capacity to generate more than 30 megawatts of electrical power
metropolitan electricity works	capacity to burn more
(gas turbines)	20 megajoules of fuel per second
metropolitan electricity works	capacity to burn more than
(internal combustion engines)	3 megajoules of fuel per second

18      Energy recovery

(1)

This clause applies to the following activities: energy recovery from general waste, meaning the receiving from off site of, and the recovery of energy from, any waste (other than hazardous waste, restricted solid waste, liquid waste or special waste). energy recovery from hazardous and other waste, meaning the receiving from on site or off site of, and the recovery of energy from, hazardous waste, restricted solid waste, liquid waste or special waste.

(2)

However, this clause does not apply to any of the following:

(a)

the processing of contaminated soil,

(b)

container reconditioning,

(c)

the recovery of gases that are dangerous goods of Class 2 within the meaning of the Transport of Dangerous Goods Code.

(3)

Each activity referred to in Column 1 of the Table to this clause
is declared to be a scheduled activity if:

(a)	it meets the criteria set out in Column 2 of that Table, and
(b)	the regulations under section 286 exempt the person carrying out the activity from the requirements of section 48 (2) as they apply to waste disposal (thermal treatment).

(4)

For the purposes of this clause, 1 litre of waste is taken to weigh
1 kilogram.

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Table

Column 1	Column 2
Activity	Criteria
energy recovery from general	involves processing more than
waste	200 tonnes per year of waste (other than hazardous waste, restricted solid waste, liquid waste or special waste)
energy recovery from hazardous	involves having on site at any
and other waste	time more than 200 kilograms of hazardous waste, restricted solid waste, liquid waste or special
waste

19      Extractive activities

(1)	This clause applies to the following activities: land-based extractive activity, meaning the extraction, processing or storage of extractive materials, either for sale or re-use, by means of excavation, blasting, tunnelling, quarrying or other such land-based methods. water-based extractive activity, meaning the extraction of extractive materials, either for sale or re-use, by means of dredging or other such water-based methods.
(2)	In this clause, extractive materials means clay, sand, soil, stone, gravel, rock, sandstone or similar substances that are not minerals within the meaning of the Mining Act 1992.
(3)	Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1	Column 2
Activity	Criteria
land-based extractive activity	involves the extraction, processing or storage of more than 30,000 tonnes per year of extractive materials
water-based extractive activity	involves the extraction of more than 30,000 cubic metres per year of extractive materials

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20      Helicopter-related activities

(1)  This clause applies to a helicopter-related activity, meaning the landing, taking-off or parking of helicopters (including the use of terminals and the use of buildings for the parking, servicing or maintenance of helicopters), being an activity:

(a)	that has an intended use of more than 30 flight movements per week (where take-off and landing are separate flight movements), and
(b)	that is conducted within 1 kilometre of a dwelling not associated with the landing, taking-off or parking of helicopters,

but not including an activity that is carried out exclusively for the purposes of emergency aeromedical evacuation, retrieval or rescue.

(2) The activity to which this clause applies is declared to be a
scheduled activity.

21      Irrigated agriculture

(1)	This clause applies to irrigated agriculture, meaning the irrigation activity of an irrigation corporation within the meaning of the Water Management Act 2000, but not including the irrigation activity of individual irrigators in the area of operations of any such irrigation corporation.
(2)	The activity to which this clause applies is declared to be a scheduled activity.

22      Livestock intensive activities

(1) This clause applies to the following activities:
animal accommodation, meaning the accommodation of
animals for the purposes of sale, auction or exchange or for
transportation by road, rail or ship.
bird accommodation, meaning the accommodation of birds for
commercial production.
cattle, sheep or horse accommodation, meaning the
accommodation of cattle, sheep or horses in a confinement area
for rearing or fattening (wholly or substantially) on prepared or
manufactured feed (excluding facilities for drought or similar
emergency relief).
dairy animal accommodation, meaning the accommodation of
animals for milk production.

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pig accommodation, meaning the accommodation of pigs for

commercial production.

(2)

Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1	Column 2
Activity	Criteria
animal accommodation	capacity to handle more than 50,000 cattle or 200,000 animals of any type (including cattle) per year
bird accommodation	capacity to accommodate more than 250,000 birds at any time
cattle, sheep or horse	capacity to accommodate more
accommodation	than 1,000 head of cattle, 4,000 sheep or 400 horses at any time
dairy animal accommodation	capacity to accommodate more than 800 animals at any time
pig accommodation	capacity to accommodate more than 2,000 pigs or 200 breeding sows at any time

23      Livestock processing activities

(1) This clause applies to the following activities:
general animal products production, meaning the manufacture
of products derived from the slaughter of animals occurring in
plants producing products such as hides, adhesives, pet food,
gelatine, fertiliser or meat products.
greasy wool or fleece processing, meaning the scouring, topping
or carbonising of greasy wool or fleeces.
rendering or fat extraction, meaning the manufacture of
products derived from the slaughter of animals occurring in
rendering or fat extraction plants.
slaughtering or processing animals, meaning the slaughtering or
processing of animals (including poultry and fish).

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tanneries or fellmongeries, meaning the manufacture of products derived from the slaughter of animals occurring in tanneries or fellmongeries (that is, operations that process animal skins or other animal products to produce leather or other similar products).

(2)

Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1	Column 2
Activity	Criteria
general animal products	capacity to produce more than
production	5,000 tonnes of animal products per year
greasy wool or fleece processing	capacity to process more than 200 tonnes of wool or fleece per year
rendering or fat extraction	capacity to produce more than 200 tonnes of tallow, fat or their derivatives or proteinaceous matter per year
slaughtering or processing	capacity to slaughter or process
animals	more than 750 tonnes live weight per year
tanneries or fellmongeries	capacity to process more than 2 tonnes of skins or hides per year

24      Logging operations

(1)

This clause applies to the following activities: access road construction, meaning the construction of new access roads in connection with timber-getting in a compartment in a State forest or Crown timber land (within the meaning of the Forestry Act 1916). timber-getting, meaning the cutting and removal of timber (being sawlogs or pulplogs) from a compartment in a State forest or Crown timber land (within the meaning of the Forestry Act 1916).

(2)

Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

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(3)

In this clause:
land west of the Great Dividing Range means the area shown on
the map entitled “Land west of the Great Dividing Range”,
published by the EPA and as in force from time to time, copies of
which are held in the offices of the EPA.

Note. A copy of the map is available on the EPA’s website
(

Table

Column 1	Column 2
Activity	Criteria
access road construction	when carried out otherwise than in a compartment in a timber plantation or on land west of the Great Dividing Range
timber-getting	when carried out otherwise than in a compartment in a timber plantation or on land west of the Great Dividing Range where:

(a) compartment has a slope
greater than 18 degrees

at least 20% of the horizontal, and

(b) (at least 40 centimetres in
diameter at breast height)
are removed from each
hectare of the
compartment when
averaged over the net

at least 30 timber stems compartment

25      Marinas and boat repairs

(1) This clause applies to the following activities:
boat construction/maintenance (dry/floating docks), meaning
the use of dry docks or floating docks for the construction, repair
and maintenance of vessels.
boat construction/maintenance (general), meaning the use of
facilities (whether water-based or land-based) for the
construction, repair and maintenance of vessels (other than dry
docks, floating docks and facilities not having frontage to a
waterway).

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boat mooring and storage, meaning the use of pontoons, jetties, piers or other structures (whether water-based or land-based) designed or utilised to provide moorings or dry storage (other than swing moorings and facilities not having frontage to a waterway).

(2)

Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

(3)

In this clause, waterway means any river, stream, lake, lagoon, swamp, wetlands, unconfined surface water, natural or artificial watercourse, dam or tidal waters (including the sea).

Table

Column 1	Column 2
Activity	Criteria
boat construction/maintenance	capacity to handle vessels
(dry/floating docks)	25 metres or longer
boat construction/maintenance	capacity to handle more than
(general)	5 vessels longer than 5 metres (excluding rowing boats, dinghies and other small craft) at any time
boat moorings and storage	capacity to handle more than 80 vessels (excluding rowing boats, dinghies and other small

craft) at any time

26      Metallurgical activities

(1) This clause applies to the following activities:
aluminium production (alumina), meaning the refinement or
processing of mainly alumina to produce aluminium products.
aluminium production (scrap metal), meaning the refinement or
processing of mainly scrap aluminium to produce aluminium
products.
iron or steel production (iron ore), meaning the refinement or
processing of mainly iron ore to produce iron or steel products.
iron or steel production (scrap metal), meaning the refinement
or processing of mainly scrap iron or steel to produce iron or steel
products.

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metal coating, meaning the coating of metal by any method (including spray painting, powder coating, enamelling, electroplating, anodising and galvanising, but not the coating of metal on vehicles or vessels).

metal processing, meaning the processing of metals by heating, rolling, melting or casting metal otherwise than in the course of some other activity to which this clause applies.
metal waste generation, meaning any activity that involves:

(a)	the refinement, processing or coating of metal, and
(b)	having on site any prescribed waste (that is, hazardous waste, restricted solid waste or liquid waste, or any combination of them).

non-ferrous metal production (ore concentrates), meaning the refinement or processing of mainly ore concentrates (including copper, zinc and lead ores, but not iron ore or alumina) to produce non-ferrous metal products.

non-ferrous metal production (scrap metal), meaning the refinement or processing of mainly scrap metal (including copper, zinc and lead, but not iron, steel or aluminium) to produce non-ferrous metal products.
scrap metal processing, meaning the crushing, grinding, shredding or sorting (but not smelting) of scrap metal of any kind.

(2)

Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1	Column 2
Activity	Criteria
aluminium production (alumina)	capacity to process more than 10,000 tonnes of alumina per year
aluminium production (scrap	capacity to process more than
metal)	10,000 tonnes of scrap metal per year
iron or steel production (iron ore)	capacity to process more than 10,000 tonnes of iron ore per year
iron or steel production (scrap	capacity to process more than
metal)	10,000 tonnes of scrap metal per year
metal coating	capacity to process more than 10,000 tonnes of metal per year

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Column 1	Column 2
Activity	Criteria
metal processing	capacity to process more than 10,000 tonnes of metal per year
metal waste generation	involves having on site at any time more than 5 tonnes of prescribed waste, not including excluded material (where 1,000 litres of liquid is taken to weigh 1 tonne)
non-ferrous metal production (ore	capacity to process more than
concentrates)	10,000 tonnes of ore concentrates per year
non-ferrous metal production	capacity to process more than
(scrap metal)	10,000 tonnes of scrap metal per year
scrap metal processing	capacity to process more than 150 tonnes of scrap metal per day or 30,000 tonnes per year (if not carried out wholly indoors) or 50,000 tonnes per year (if carried out wholly indoors)

27      Mineral processing

(1)

This clause applies to the following activities: mineral processing, meaning the processing, or the commercial production or extraction, of ores (using methods including chemical, electrical, magnetic, gravity or physical-chemical). mineral waste generation, meaning mineral processing that involves having on site any prescribed waste (that is, hazardous waste, restricted solid waste or liquid waste, or any combination of them).

(2)

Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

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Table

Column 1	Column 2
Activity	Criteria
mineral processing	capacity to process more than 150 tonnes of ore per day
mineral waste generation	involves having on site at any time more than 5 tonnes of prescribed waste, not including excluded material (where 1,000 litres of liquid is taken to weigh 1 tonne)

28      Mining for coal

(1)	This clause applies to mining for coal, meaning the mining, processing or handling of coal (including tailings and chitter) at underground mines or open cut mines.
(2)	The activity to which this clause applies is declared to be a scheduled activity if:

(a)

it has a capacity to produce more than 500 tonnes of coal per day, or

(b)

it has disturbed, is disturbing or will disturb a total surface area of more than 4 hectares of land by:

(i)	clearing or excavating, or
(ii)	constructing dams, ponds, drains, roads, railways or conveyors, or

(iii) storing or depositing overburden or coal (including tailings and chitter).

29      Mining for minerals

(1)	This clause applies to mining for minerals, meaning the mining, processing or handling of minerals (within the meaning of the Mining Act 1992), other than coal, at mines.
(2)	The activity to which this clause applies is declared to be a scheduled activity if it has disturbed, is disturbing or will disturb a total surface area of more than 4 hectares of land (or, in the case of a gold mine, more than 1 hectare of land) by:

(a)	clearing or excavating, or
(b)	constructing dams, ponds, drains, roads, railways or conveyors, or

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(c) storing or depositing overburden, ore or its products or tailings.

30      Paper or pulp production

(1) This clause applies to the following activities:
paper or pulp production, meaning the manufacturing of paper,
paper pulp or pulp products.

paper or pulp waste generation, meaning a paper or pulp activity that involves having on site any prescribed waste (that is, hazardous waste, restricted solid waste or liquid waste, or any combination of them).

(2)

Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1	Column 2
Activity	Criteria
paper or pulp production	capacity to produce more than 30,000 tonnes per year (or, where 90% or more of the raw material used is recycled material and no bleaching or de-inking occurs, 70,000 tonnes per year) of paper, paper pulp or pulp products
paper or pulp waste generation	involves having on site at any time more than 5 tonnes of prescribed waste, not including excluded material (where 1,000 litres of liquid is taken to weigh 1 tonne)

31      Petroleum and fuel production

(1) This clause applies to the following activities:
crude oil/shale oil production, meaning the production,
otherwise than in the course of exploratory activities, of crude
petroleum or shale oil.
natural gas/methane production, meaning the production of
natural gas or methane.
petroleum products and fuel production, meaning the
production of petroleum products (including aviation fuel, petrol,
kerosene, mineral turpentine, fuel oils, lubricants, wax, bitumen,

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liquefied gas and the precursors to petrochemicals, such as acetylene, ethylene, toluene and xylene), whether by means of any of the following or otherwise:

(a)

refining (such as in the processing of crude petroleum or shale oil),

(b)

fermentation (such as in the production of ethanol),

(c)

esterification (such as in the production of biodiesel),

(d)

blending (such as in the production of lubricants and fuels).

(2)

Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

Table

Column 1	Column 2
Activity	Criteria
crude oil/shale oil production	any production capacity
natural gas/methane production	capacity to produce more than 5 petajoules of natural gas or methane per year
petroleum products and fuel	capacity to produce more than
production	100 tonnes of petroleum products or fuel per year

32      Printing, packaging and visual communications

(1) This clause applies to printing, packaging and visual communications waste generation, meaning any printing, packaging or visual communications activity that involves having on site any prescribed waste (that is, hazardous waste, restricted solid waste or liquid waste, or any combination of them).

(2) The activity to which this clause applies is declared to be a scheduled activity if it involves having on site at any time more than 5 tonnes of prescribed waste, not including excluded material (where 1,000 litres of liquid is taken to weigh 1 tonne).

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33      Railway systems activities

(1)  This clause applies to railway systems activities, meaning:

(a)

the installation, on site repair, on site maintenance or on site upgrading of track, including the construction or significant alteration of any ancillary works, or

(b)

the operation of rolling stock on track.

(2)

However, this clause does not apply to any of the following:

(a)	an activity in a railway workshop (including the use of fuel burning equipment),
(b)	re-fuelling of rolling stock,
(c)	an activity at a railway fuel depot,
(d)	repair, maintenance or upgrading of track away from the track site,
(e)	an activity at a railway station building (including platforms and offices),
(f)	loading of freight into or onto, and unloading of freight from, rolling stock,
(g)	an activity at a freight depot or centre,
(h)	operation of signalling, communication or train control systems.

(3)

The activity to which this clause applies is declared to be a
scheduled activity.

(4)

For the purposes of subclause (1) (b), rolling stock that is operated on track is taken to be operated by the occupier of the land on which the track is situated.

Note. Consequently, it is the occupier of that land, not the person having control of the rolling stock, that is required to be licensed under section 48 in respect of the operation of the rolling stock.

(5)

In this clause:
ancillary works means any of the following:

(a)	over track structures,
(b)	earthworks,
(c)	cuttings,
(d)	drainage works,
(e)	track support,
(f)	fencing,
(g)	tunnels,

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(h) bridges,

(i)      level crossings.

track means railway track that forms part of, or consists of, a network of more than 30 kilometres of track, other than railway track that is used solely by railway vehicles that are themselves used solely for heritage purposes.

34      Resource recovery

(1)

This clause applies to the following activities: recovery of general waste, meaning the receiving of waste (other than hazardous waste, restricted solid waste, liquid waste or special waste) from off site and its processing, otherwise than for the recovery of energy. recovery of hazardous and other waste, meaning the receiving of hazardous waste, restricted solid waste or special waste (other than asbestos waste or waste tyres) from off site and its processing, otherwise than for the recovery of energy. recovery of waste oil, meaning the receiving of waste oil from off site and its processing, otherwise than for the recovery of energy. recovery of waste tyres, meaning the receiving of waste tyres from off site and their processing, otherwise than for the recovery of energy.

(2)

However, this clause does not apply to any of the following:

(a)

materials separation and sorting of less than 60 tonnes per year of waste lead acid batteries,

(b)

the treatment of sewage within a sewage treatment system (whether or not that system is licensed),

(c)

the recovery of stormwater.

(3)

Each activity referred to in Column 1 of the Table to this clause
is declared to be a scheduled activity if:

(a)	it meets the criteria set out in Column 2 of that Table, and
(b)	either:

(i)      less than 50% by weight of the waste received in any year requires disposal after processing, or

(ii)      the regulations under section 286 exempt the person carrying out the activity from the requirements of section 48 (2) as they apply to waste disposal (application to land), waste disposal (thermal treatment), waste processing (non-thermal treatment) and waste storage.

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Table

Column 1	Column 2
Activity	Criteria
recovery of general waste	involves having on site at any time more than 5,000 tonnes of waste involves processing more than 120 tonnes of waste per day or 30,000 tonnes of waste per year
recovery of hazardous and other	involves having on site at any
waste	time more than 200 kilograms of waste
recovery of waste oil	involves processing more than 20 tonnes of waste oil per year or having on site at any time more than 2,000 litres of waste oil
recovery of waste tyres	involves having on site at any time more than 50 tonnes of tyres (where 100 tyres are taken to weigh 1 tonne) involves processing more than 20 tonnes of tyres per day or 5,000 tonnes of tyres per year

35      Road construction

(1) This clause applies to road construction, meaning the construction, widening or re-routing of roads, but does not apply to the maintenance or operation of any such road.

(2)  The activity to which this clause applies is declared to be a scheduled activity if it results in the existence of 4 or more traffic lanes (other than bicycle lanes or lanes used for entry or exit) for at least:

(a)

where the road is classified, or proposed to be classified, as a freeway or tollway under the Roads Act 1993:

(i)	1 kilometre of their length in the metropolitan area, or
(ii)	5 kilometres of their length in any other area, or

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(b)

where the road is classified, or proposed to be classified, as a main road (but not a freeway or tollway) under the Roads Act 1993:

(i)	3 kilometres of their length in the metropolitan area, or
(ii)	5 kilometres of their length in any other area.

36      Sewage treatment

(1)	This clause applies to sewage treatment, meaning the operation of sewage treatment systems (including the treatment works, pumping stations, sewage overflow structures and the reticulation system) that involve the discharge or likely discharge of wastes or by-products to land or waters.
(2)	The activity to which this clause applies is declared to be a scheduled activity if it has a processing capacity that exceeds:

(a) 2,500 persons equivalent, as determined in accordance with guidelines established by an EPA Gazettal notice, or

(b) 750 kilolitres per day, whichever is the greater.

37      Shipping in bulk

(1)	This clause applies to shipping in bulk, meaning the operation of wharves and associated facilities for the bulk loading or unloading of agricultural crop products, rock, ores, minerals or chemicals into or from vessels (except where they are contained in shipping containers).
(2)	The activity to which this clause applies is declared to be a scheduled activity if the facilities have a capacity to handle:

(a)	more than 500 tonnes of agricultural crop products, rock, ores, minerals or chemicals per day, or
(b)	more than 50,000 tonnes of agricultural crop products, rock, ores, minerals or chemicals per year.

38      Sterilisation activities

(1)	This clause applies to sterilisation activities, meaning the sterilisation of products or equipment by means that include the use of ethylene oxide.
(2)	The activity to which this clause applies is declared to be a scheduled activity if it involves the use of more than one tonne of ethylene oxide per year.

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39      Waste disposal (application to land)

(1)  This clause applies to waste disposal by application to land, meaning the application to land of waste received from off site, including (but not limited to) application by any of the following methods:

(a)	spraying, spreading or depositing on the land,
(b)	ploughing, injecting or mixing into the land,
(c)	filling, raising, reclaiming or contouring the land.
(2)	However, this clause does not apply to an activity that involves any of the following:
(a) landfill sites inside the regulated area that, over any period of time, receive from off site a total of no more than 200 tonnes of the following waste (and no other waste):

(i)      building and demolition waste only,

(ii)      building and demolition waste mixed with virgin excavated natural material,

(b)

landfill sites outside the regulated area that, over any period of time, receive from off site a total of no more than 200 tonnes of the following waste (and no other waste):

(i)	building and demolition waste only,
(ii)	building and demolition waste mixed with virgin excavated natural material,

being waste generated inside the regulated area,

(c)

landfill sites outside the regulated area that, over any period of time, receive from off site a total of no more than 20,000 tonnes of the following waste (and no other waste):

(i)	building and demolition waste only,
(ii)	building and demolition waste mixed with virgin excavated natural material,

being waste generated outside the regulated area,

(d)

landfill sites that receive from off site no more than 100 tonnes of waste tyres per year or 10,000 waste tyres in total over any period (and no other waste),

(e)

landfill sites where only virgin excavated natural material is received from off site and applied to land,

(f)

landfill sites that:

(i)	are outside the regulated area, and
(ii)	are owned and operated by or on behalf of a local council, and

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(iii)      were in existence immediately before 28 April 2008, and

(iv)      were not required to be licensed before 28 April 2008, and

(v) had, before 28 April 2008, provided the details required under clause 47 of the Protection of the Environment Operations (Waste) Regulation 2005, and

(vi)      receive from off site less than 5,000 tonnes per year of general solid waste (putrescible), general solid waste (non-putrescible), clinical and related waste, asbestos waste, grease trap waste or waste tyres (or any combination of them), but only if the waste has been generated outside the regulated area.

(3)	The activity to which this clause applies is declared to be a scheduled activity.
(4)	For the purposes of this clause, 1 litre of waste is taken to weigh 1 kilogram.

40      Waste disposal (thermal treatment)

(1)	This clause applies to the following activities: thermal treatment of general waste, meaning the receiving from off site of, and the processing by thermal treatment of, waste (other than hazardous waste, restricted solid waste, liquid waste or special waste). thermal treatment of hazardous and other waste, meaning the receiving from on site or off site of, and the processing by thermal treatment of, hazardous waste, restricted solid waste, liquid waste or special waste.
(2)	However, this clause does not apply to the treatment of contaminated soil or stormwater, or the treatment of sewage within a sewage treatment system (whether or not that system is licensed).
(3)	Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.
(4)	For the purposes of this clause, 1 litre of waste is taken to weigh 1 kilogram.

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Table

Column 1	Column 2
Activity	Criteria
thermal treatment of general	involves processing more than
waste	200 tonnes of waste per year
thermal treatment of hazardous	involves having on site at any
and other waste	time more than 200 kilograms of waste (other than clinical and related waste) involves having on site at any time any quantity of clinical and related waste

41      Waste processing (non-thermal treatment)

(1)

This clause applies to the following activities: non-thermal treatment of general waste, meaning the receiving of waste (other than hazardous waste, restricted solid waste, liquid waste or special waste) from off site and its processing otherwise than by thermal treatment. non-thermal treatment of hazardous and other waste, meaning the receiving of hazardous waste, restricted solid waste, liquid waste, clinical and related waste or asbestos waste, whether from on site or off site, and its processing otherwise than by thermal treatment. non-thermal treatment of waste tyres, meaning the receiving of waste tyres from off site and their processing otherwise than by thermal treatment.

(2)

However, this clause does not apply to any of the following:

(a)

processing of contaminated soil or stormwater, or sewage within a sewage treatment system (whether or not that system is licensed),

(b)

the storage and transfer of liquid waste that is generated and treated on site prior to sewer discharge, or lawful discharge to waters.

(3)

Each activity referred to in Column 1 of the Table to this clause
is declared to be a scheduled activity if:

(a)	it meets the criteria set out in Column 2 of that Table, and
(b)	more than 50% by weight of the total amount of waste received per year requires disposal after processing.

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(4)

For the purposes of this clause, 1 litre of waste is taken to weigh
1 kilogram.

Table

Column 1	Column 2
Activity	Criteria
non-thermal treatment of general	involves having on site at any
waste	time more than 2,500 tonnes, or 2,500 cubic metres, whichever is the lesser, of general waste

involves processing more than 120 tonnes per day, or 30,000 tonnes per year, of general waste

non-thermal treatment of	involves having on site at any
hazardous and other waste	time more than 200 kilograms of waste (other than clinical and related waste) involves having on site at any time any quantity of clinical and related waste
non-thermal treatment of waste	involves having on site at any
tyres	time more than 50 tonnes of tyres (where 100 tyres are taken to weigh 1 tonne) involves processing more than 20 tonnes of tyres per day or 5,000 tonnes of tyres per year

42      Waste storage

(1)	This clause applies to waste storage, meaning the receiving from off site and storing (including storage for transfer) of waste.
(2)	However, this clause does not apply to any of the following:

(a)	the storage of stormwater,
(b)	the storage of up to 60 tonnes at any time of grease trap waste, waste lead acid batteries or waste oil collected for recovery (but not when accompanied by any other kind of waste),
(c)	the storage of sewage within a sewage treatment system,
(d)	the storage and transfer of liquid waste that is generated and treated on site prior to sewer discharge, or lawful discharge to waters.

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(3)

The activity to which this clause applies is declared to be a
scheduled activity if:

(a)	more than 5 tonnes of hazardous waste, restricted solid waste, liquid waste, clinical or related waste or asbestos waste is stored on the premises at any time, or
(b)	more than 50 tonnes of waste tyres or 5,000 waste tyres is stored on the premises at any time, or
(c)	more than 2,500 tonnes or 2,500 cubic metres, whichever is the lesser, of waste (other than waste referred to in paragraph (a) or (b)) is stored on the premises at any time, or
(d)	more than 30,000 tonnes of waste (other than waste referred to in paragraph (a) or (b)) is received per year from off site.

(4)

For the purposes of this clause, 1 litre of waste is taken to weigh
1 kilogram.

43      Wood or timber milling or processing

(1)	This clause applies to wood or timber milling or processing, meaning the sawing, machining, milling, chipping, pulping or compressing of timber or wood (otherwise than at a joinery, builders’ supply yard or home improvement centre).
(2)	The activity to which this clause applies is declared to be a scheduled activity if:

(a)	in the case of an activity that burns waste (otherwise than as fuel), it has a capacity to process more than 6,000 cubic metres of timber (or timber products) per year, or
(b)	in any other case, it has a capacity to process more than 50,000 cubic metres of timber (or timber products) per year.

44      Wood preservation

(1)	This clause applies to wood preservation, meaning the treating or preserving timber with pesticides (within the meaning of the Pesticides Act 1999).
(2)	The activity to which this clause applies is declared to be a scheduled activity if it has a capacity to process more than 10,000 cubic metres of timber per year.

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Part 2 Activities not premises-based

45      Application of Part

For the purposes of section 49, any activity that is declared by this Part to be a scheduled activity is taken to be an activity for which a licence is required, but where no licence is required for the premises at which it is carried out (the activity is not premises-based).

Note. Section 49 (2) provides that a person who carries on such an activity is guilty of an offence unless he or she holds a licence that authorises him or her to carry on that activity.

46      Mobile plant activities

(1)	This clause applies to a mobile plant activity, meaning an activity that includes any one or more of the scheduled activities described in Part 1 of this Schedule and that is carried out by means of mobile plant.
(2)	The activity to which this clause applies is declared to be a scheduled activity.

47      Mobile waste processing

(1)  This clause applies to mobile waste processing, meaning an
activity:

(a)	that involves the processing of hazardous waste, liquid waste or restricted solid waste (or any combination of them), and
(b)	that is carried out, for business or commercial purposes, by means of mobile plant.
(2)	The activity to which this clause applies is declared to be a scheduled activity.

48      Transport of waste

(1)	This clause applies to the following activities: transport of hazardous and other waste, meaning the transport of hazardous waste, restricted solid waste, liquid waste, clinical and related waste or friable asbestos waste (or any combination of them) (not being excluded waste). transport of waste tyres, meaning the transport of waste tyres (not being excluded waste).
(2)	Each activity referred to in Column 1 of the Table to this clause is declared to be a scheduled activity if it meets the criteria set out in Column 2 of that Table.

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(3)

In this clause, excluded waste means the following:

(a)	waste that is transported in the course of dealing with an accident or emergency,
(b)	lead acid batteries or waste oil collected for recovery,
(c)	stormwater.

Table

Column 1	Column 2
Activity	Criteria
transport of hazardous and other	involves the transport of more
waste	than 200 kilograms in any load
transport of waste tyres	involves the transport of more than 2 tonnes in any load

Part 3	Definitions
Division 1	Waste classifications

49      Definitions of waste classifications

In this Schedule:
general solid waste (non-putrescible) means waste (other than
special waste, hazardous waste, restricted solid waste, general
solid waste (putrescible) or liquid waste) that includes any of the

following:

(a)	glass, plastic, rubber, plasterboard, ceramics, bricks, concrete or metal,
(b)	paper or cardboard,
(c)	household waste from municipal clean-up that does not contain food waste,
(d)	waste collected by or on behalf of local councils from street sweeping,
(e)	grit, sediment, litter and gross pollutants collected in, and removed from, stormwater treatment devices or stormwater management systems, that has been dewatered so that it does not contain free liquids,
(f)	grit and screenings from potable water and water reticulation plants that has been dewatered so that it does not contain free liquids,
(g)	garden waste,

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(h) wood waste,

(i)      waste contaminated with lead (including lead paint waste) from residential premises or educational or child care institutions,

(j)	containers, having previously contained dangerous goods, from which residues have been removed by washing or vacuuming,
(k)	drained oil filters (mechanically crushed), rags and oil absorbent materials that only contain non-volatile petroleum hydrocarbons and do not contain free liquids,
(l)	drained motor oil containers that do not contain free liquids,
(m)	non-putrescible vegetative waste from agriculture, silviculture or horticulture,
(n)	building cavity dust waste removed from residential premises, or educational or child care institutions, being waste that is packaged securely to prevent dust emissions and direct contact,
(o)	synthetic fibre waste (from materials such as fibreglass, polyesters and other plastics) being waste that is packaged securely to prevent dust emissions, but excluding asbestos waste,
(p)	virgin excavated natural material,
(q)	building and demolition waste,
(r)	asphalt waste (including asphalt resulting from road construction and waterproofing works),
(s)	biosolids categorised as unrestricted use, or as restricted use 1, 2 or 3, in accordance with the criteria set out in the Biosolids Guidelines,
(t)	cured concrete waste from a batch plant,
(u)	fully cured and set thermosetting polymers and fibre reinforcing resins,

(v)      fully cured and dried residues of resins, glues, paints, coatings and inks,

(w) anything that is classified as general solid waste (non-putrescible) pursuant to an EPA Gazettal notice,

(x)      anything that is general solid waste (non-putrescible) within the meaning of the Waste Classification Guidelines,

(y) any mixture of anything referred to in paragraphs (a)–(x).

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general solid waste (putrescible) means waste (other than special waste, hazardous waste, restricted solid waste or liquid waste) that includes any of the following:

(a)	household waste containing putrescible organics,
(b)	waste from litter bins collected by or on behalf of local councils,
(c)	manure and nightsoil,
(d)	disposable nappies, incontinence pads or sanitary napkins,
(e)	food waste,
(f)	animal waste,
(g)	grit or screenings from sewage treatment systems that have been dewatered so that the grit or screenings do not contain free liquids,
(h)	anything that is classified as general solid waste (putrescible) pursuant to an EPA Gazettal notice,

(i)      anything that is general solid waste (putrescible) within the meaning of the Waste Classification Guidelines,

(j) a mixture of anything referred to in paragraphs (a)–(i).

hazardous waste means waste (other than special waste or liquid

waste) that includes any of the following:

(a)

anything that is classified as:

(i)	a substance of Class 1, 2, 5 or 8 within the meaning of the Transport of Dangerous Goods Code, or
(ii)	a substance to which Division 4.1, 4.2, 4.3 or 6.1 of the Transport of Dangerous Goods Code applies,

(b)

containers, having previously contained:

(i)	a substance of Class 1, 3, 4, 5 or 8 within the meaning of the Transport of Dangerous Goods Code, or
(ii)	a substance to which Division 6.1 of the Transport of Dangerous Goods Code applies,

from which residues have not been removed by washing or
vacuuming,

(c)

coal tar or coal tar pitch waste (being the tarry residue from the heating, processing or burning of coal or coke) comprising more than 1% (by weight) of coal tar or coal tar pitch waste,

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(d)	lead-acid or nickel-cadmium batteries (being waste generated or separately collected by activities carried out for business, commercial or community services purposes),
(e)	lead paint waste arising otherwise than from residential premises or educational or child care institutions,
(f)	anything that is classified as hazardous waste pursuant to an EPA Gazettal notice,
(g)	anything that is hazardous waste within the meaning of the Waste Classification Guidelines,
(h)	a mixture of anything referred to in paragraphs (a)–(g).

liquid waste means any waste (other than special waste) that

includes any of the following:

(a)

anything that:

(i)	has an angle of repose of less than 5 degrees above horizontal, or
(ii)	becomes free-flowing at or below 60°C or when it is transported, or

(iii) is generally not capable of being picked up by a spade or shovel,

(b)

anything that is classified as liquid waste pursuant to an EPA Gazettal notice.

restricted solid waste means any waste (other than special waste, hazardous waste or liquid waste) that includes any of the following:

(a)	anything that is restricted solid waste within the meaning of the Waste Classification Guidelines,
(b)	anything that is classified as restricted solid waste pursuant to an EPA Gazettal notice.

special waste means any of the following:

(a)	clinical and related waste,
(b)	asbestos waste,
(c)	waste tyres,
(d)	anything that is classified as special waste pursuant to an EPA Gazettal notice.

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Division 2 Other definitions

50      Other definitions

(1) In this Schedule:
animal waste includes dead animals and animal parts and any
mixture of dead animals and animal parts.
asbestos means the fibrous form of those mineral silicates that
belong to the serpentine or amphibole groups of rock-forming
minerals, including actinolite, amosite (brown asbestos),
anthophyllite, chrysotile (white asbestos), crocidolite (blue
asbestos) and tremolite.
asbestos waste means any waste that contains asbestos.
Australian Explosives Code means the document entitled
Australian Code for the Transport of Explosives by Road and
Rail, published by the Commonwealth Department of
Infrastructure, Transport, Regional Development and Local
Government and as in force from time to time.
biosolids means the organic product that results from sewage
treatment processes (sometimes referred to as sewage sludge).
Biosolids Guidelines means the document entitled
Environmental Guidelines: Use and Disposal of Biosolids
Products, published by the EPA and as in force from time to time,
copies of which are held in the offices of the EPA.

Note. A copy of the guidelines is available on the EPA’s website
(

building and demolition waste means unsegregated material (other than material containing asbestos waste) that results from:

(a)

the demolition, erection, construction, refurbishment or alteration of buildings other than:

(i)	chemical works, or
(ii)	mineral processing works, or

(iii)	container reconditioning works, or
(iv)	waste treatment facilities, or

(b)

the construction, replacement, repair or alteration of infrastructure development such as roads, tunnels, sewage, water, electricity, telecommunications and airports,

and includes materials such as:

(c) bricks, concrete, soil, paper, plastics, glass and metal, and

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METALLURGICAL ACTIVITIES

Mercury	0.000091
Oil and grease	0.015
Selenium	0.00091
Suspended solids	0.24
Zinc	0.0091

Iron or steel production (scrap metal) (see clause 26 (1) of Schedule 1 to the Act)

1     Units of measure: tonnes

2     Administrative fee

Annual production capacity	Administrative fee units
Not more than 10,000 tonnes	65
More than 10,000 tonnes	165

3     Load-based fee

Air pollutants	Threshold factor
Coarse particulates	0.085
Fine particulates	0.77
Nitrogen oxides and nitrogen oxides (summer)	1.95
Sulfur oxides	3.38
VOCs and VOCs (summer)	0.09
Water pollutants	Threshold factor
Nil	Not applicable

Metal coating (see clause 26 (1) of Schedule 1 to the Act)

1     Units of measure: tonnes

2     Administrative fee

Annual capacity to coat metal	Administrative fee units
Not more than 100,000 tonnes	15
More than 100,000 but not more than 1,000,000	50

tonnes

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METALLURGICAL ACTIVITIES

More than 1,000,000 tonnes 135

3     Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

Metal processing (see clause 26 (1) of Schedule 1 to the Act)

1     Units of measure: tonnes

2     Administrative fee

Annual processing capacity	Administrative fee units
Not more than 100,000 tonnes	15
More than 100,000 but not more than 500,000	50

tonnes

More than 500,000 tonnes 135

3     Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

Metal waste generation (see clause 26 (1) of Schedule 1 to the Act)

1     Units of measure: tonnes

2     Administrative fee (but only if the activity is a scheduled activity under clause 26 (2) (b) of Schedule 1 to the Act)

Annual volume of waste generated or Administrative fee units

stored

More than 5 but not more than 100 tonnes	8
More than 100 tonnes	16

3     Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

Non-ferrous metal production (ore concentrates) (see clause 26 (1) of
Schedule 1 to the Act)

1     Units of measure: tonnes

2     Administrative fee

Annual production capacity	Administrative fee units
Any capacity	660

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METALLURGICAL ACTIVITIES

3     Load-based fee

Air pollutants	Threshold factor
Arsenic	0.03
Coarse particulates	0.33
Fine particulates	0.49
Lead	0.06
Mercury	0.03
Sulfur oxides	230
Water pollutants	Threshold factor
Arsenic	0.0003
Cadmium	0.0003
Chromium	0.0003
Copper	0.0026
Lead	0.03
Mercury	0.0003
Selenium	0.0003
Suspended solids	0.78
Zinc	0.02

Non-ferrous metal production (scrap metal) (see clause 26 (1) of
Schedule 1 to the Act)

1     Units of measure: tonnes

2     Administrative fee

Annual production capacity	Administrative fee units
Not more than 10,000 tonnes	65
More than 10,000 tonnes	165

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METALLURGICAL ACTIVITIES

3     Load-based fee

Air pollutants	Threshold factor
Coarse particulates	0.011
Fine particulates	0.033
Lead	0.002
Nitrogen oxides and nitrogen oxides (summer)	0.57
Sulfur oxides	0.99
VOCs and VOCs (summer)	2.28
Water pollutants	Threshold factor
Nil	Not applicable

Scrap metal processing (see clause 26 (1) of Schedule 1 to the Act)

1     Units of measure: tonnes

2     Administrative fee

Annual production capacity	Administrative fee units
Not more than 100,000 tonnes	15
More than 100,000 but not more than 500,000	50

tonnes

More than 500,000 tonnes 135

3     Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

MINERAL PROCESSING
Mineral processing (see clause 27 (1) of Schedule 1 to the Act)

1    Units of measure: tonnes

2    Administrative fee

Annual processing capacity	Administrative fee units
Not more than 30,000 tonnes	5

More than 30,000 but not more than 100,000 tonnes 15

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MINERAL PROCESSING

More than 100,000 but not more than 500,000	50
tonnes
More than 500,000 but not more than 2,000,000	135
tonnes
More than 2,000,000 tonnes	335

3    Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

Mineral waste generation (see clause 27 (1) of Schedule 1 to the Act)

1    Units of measure: tonnes

2    Administrative fee (but only if the activity is a scheduled activity under clause 27 (2) of Schedule 1 to the Act)

Annual volume of waste generated or Administrative fee units

stored

More than 5 but not more than 100 tonnes	8
More than 100 tonnes	16

3    Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

MINING FOR COAL
Mining for coal (see clause 28 (1) of Schedule 1 to the Act)

1    Units of measure: tonnes

2    Administrative fee

Annual production capacity	Administrative fee units
Not more than 500,000 tonnes	50
More than 500,000 but not more than 2,000,000	135

tonnes

More than 2,000,000 but not more than 3,500,000 335

tonnes

More than 3,500,000 but not more than 5,000,000 600

tonnes

More than 5,000,000 tonnes 850

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MINING FOR COAL

3    Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

MINING FOR MINERALS
Mining for minerals (see clause 29 (1) of Schedule 1 to the Act)

1     Units of measure: tonnes

2     Administrative fee

Annual production capacity	Administrative fee units
Not more than 30,000 tonnes	5
More than 30,000 but not more than 50,000 tonnes	15

More than 50,000 but not more than 100,000 tonnes 50

More than 100,000 but not more than 500,000 135

tonnes

More than 500,000 but not more than 2,000,000 335

tonnes

More than 2,000,000 but not more than 5,000,000 600

tonnes

More than 5,000,000 tonnes 850

3     Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

PAPER OR PULP PRODUCTION
Paper or pulp production (see clause 30 (1) of Schedule 1 to the Act)

1     Units of measure: tonnes

2     Administrative fee

Annual production capacity	Administrative fee units
Not more than 150,000 tonnes	65
More than 150,000 tonnes	165

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PAPER OR PULP PRODUCTION

3     Load-based fee

Air pollutants	Threshold factor
Coarse particulates	0.39
Fine particulates	1.49
Nitrogen oxides and nitrogen oxides (summer)	3.51
Water pollutants	Threshold factor
BOD	5.55
Salt	3.0
Suspended solids	8.35
Total nitrogen	0.1
Total phosphorous	0.001
Zinc	0.13

Paper or pulp waste generation (see clause 30 (1) of Schedule 1 to the
Act)

1     Units of measure: tonnes

2     Administrative fee

Annual volume of waste generated or Administrative fee units

stored

More than 5 but not more than 100 tonnes	8
More than 100 tonnes	16

3     Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

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PETROLEUM AND FUEL PRODUCTION
Crude oil/shale oil production (see clause 31 (1) of Schedule 1 to the
Act)

1    Units of measure: tonnes

2    Administrative fee

Annual production capacity	Administrative fee units
Not more than 10,000 tonnes	25
More than 10,000 but not more than 200,000 tonnes	65
More than 200,000 but not more than 500,000	165

tonnes

More than 500,000 tonnes 660

3    Load-based fee (but only if the activity is a scheduled activity under clause 31 (2) of Schedule 1 to the Act)

Air pollutants	Threshold factor
Benzene	0.004
Benzo(a)pyrene (equivalent)	0.005
Fine particulates	0.2
Hydrogen sulfide	0.031
Nitrogen oxides and nitrogen oxides (summer)	0.5
Sulfur oxides	0.6
VOCs and VOCs (summer)	0.4
Water pollutants	Threshold factor
BOD	0.14
Oil and grease	0.12
Suspended solids	0.36
Total PAHs	0.07
Total phenolics	0.27

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PETROLEUM AND FUEL PRODUCTION
Natural gas/methane production (see clause 31 (1) of Schedule 1 to the
Act)

1    Units of measure: tonnes

2    Administrative fee

Annual production capacity	Administrative fee units
Not more than 10,000 tonnes	25
More than 10,000 but not more than 200,000 tonnes	65
More than 200,000 but not more than 500,000	165

tonnes

More than 500,000 tonnes 660

3    Load-based fee (but only if the activity is a scheduled activity under clause 31 (2) of Schedule 1 to the Act)

Air pollutants	Threshold factor
Benzene	0.004
Benzo(a)pyrene (equivalent)	0.005
Fine particulates	0.2
Hydrogen sulfide	0.031
Nitrogen oxides and nitrogen oxides (summer)	0.5
Sulfur oxides	0.6
VOCs and VOCs (summer)	0.4
Water pollutants	Threshold factor
BOD	0.14
Oil and grease	0.12
Suspended solids	0.36
Total PAHs	0.07
Total phenolics	0.27

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PETROLEUM AND FUEL PRODUCTION to the Act)

1    Units of measure: tonnes

2    Administrative fee

Annual production capacity	Administrative fee units
Not more than 10,000 tonnes	25
More than 10,000 but not more than 200,000 tonnes	65
More than 200,000 but not more than 500,000	165

tonnes

More than 500,000 tonnes 660

3    Load-based fee (but only if the activity is a scheduled activity under clause 31 (2) of Schedule 1 to the Act)

Air pollutants	Threshold factor
Benzene	0.004
Benzo(a)pyrene (equivalent)	0.005
Fine particulates	0.2
Hydrogen sulfide	0.031
Nitrogen oxides and nitrogen oxides (summer)	0.5
Sulfur oxides	0.6
VOCs and VOCs (summer)	0.4
Water pollutants	Threshold factor
BOD	0.14
Oil and grease	0.12
Suspended solids	0.36
Total PAHs	0.07
Total phenolics	0.27

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PRINTING, PACKAGING AND VISUAL COMMUNICATIONS clause 32 (1) of Schedule 1 to the Act)

1     Units of measure: tonnes

2     Administrative fee

Annual volume of waste generated or Administrative fee units

stored

More than 5 but not more than 100 tonnes	8
More than 100 tonnes	16

3     Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

RAILWAY SYSTEMS ACTIVITIES
Railway systems activities (see clause 33 (1) of Schedule 1 to the Act)

1     Units of measure (not applicable)

2     Administrative fee

Annual capacity	Administrative fee units
Any capacity	50

3     Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

RESOURCE RECOVERY
Recovery of general waste (see clause 34 (1) of Schedule 1 to the Act)

1     Units of measure (not applicable)

2     Administrative fee

Type of material recovered	Administrative fee units
General waste	16

3     Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

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RESOURCE RECOVERY to the Act)

1     Units of measure (not applicable)

2     Administrative fee

Type of material recovered	Administrative fee units
Hazardous and other waste	32

3     Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

Recovery of waste oil (see clause 34 (1) of Schedule 1 to the Act)

1     Units of measure: tonnes

2     Administrative fee

Annual recovery capacity	Administrative fee units
Not more than 1,000 tonnes	25
More than 1,000 tonnes	65

3     Load-based fee (but only if the annual capacity exceeds 20,000 tonnes)

Air pollutants	Threshold factor
Lead	0.2
VOCs and VOCs (summer)	0.05
Water pollutants	Threshold factor
Oil and grease	4.8

Recovery of waste tyres (see clause 34 (1) of Schedule 1 to the Act)

1     Units of measure (not applicable)

2     Administrative fee

Type of material recovered	Administrative fee units
Waste tyres	12

3     Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

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ROAD CONSTRUCTION
Road construction (see clause 35 (1) of Schedule 1 to the Act)

1     Units of measure: kilometres

2     Administrative fee

Design length of road to be constructed, Administrative fee units

widened or re-routed

Not more than 10 kilometres	50
More than 10 but not more than 30 kilometres	135
More than 30 kilometres	335

3     Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

SEWAGE TREATMENT
Sewage treatment (see clause 36 (1) of Schedule 1 to the Act)

1     Units of measure: megalitres

2     Administrative fee

Annual maximum volume of discharge	Administrative fee units
Not more than 20 megalitres	5
More than 20 but not more than 100 megalitres	8
More than 100 but not more than 1,000 megalitres	25
More than 1,000 but not more than 5,000 megalitres	65

More than 5,000 but not more than 10,000 megalitres 165

More than 10,000 but not more than 20,000 300

megalitres

More than 20,000 but not more than 30,000 420

megalitres

More than 30,000 megalitres 2,650

3     Load-based fee (but only if the maximum annual volume of sewage that the relevant licence authorises to be discharged exceeds 219 megalitres)

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SEWAGE TREATMENT

Processing by small plants (less than 10,000 megalitres annual capacity)

Air pollutants	Threshold factor
Nil	Not applicable
Water pollutants	Threshold factor
BOD	10
Oil and grease	2
Total nitrogen	10
Total phosphorous	0.3
Suspended solids	15

Processing by large plants (more than 10,000 megalitres annual capacity)

Air pollutants	Threshold factor
Nil	Not applicable
Water pollutants	Threshold factor
BOD	10
Cadmium	0.00005
Chromium	0.0025
Copper	0.01
Lead	0.0005
Mercury	0.00005
Oil and grease	2
Selenium	0.0025
Suspended solids	15
Total nitrogen	10
Pesticides and PCBs	0.00012
Total phosphorous	0.3
Zinc	0.012

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SHIPPING IN BULK
Shipping in bulk (see clause 37 (1) of Schedule 1 to the Act)

1    Units of measure: tonnes

2    Administrative fee

Annual capacity to load and unload	Administrative fee units
Not more than 100,000 tonnes	15

More than 100,000 but not more than 500,000 tonnes 50

More than 500,000 tonnes 135

3    Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

STERILISATION ACTIVITIES
Sterilisation activities (see clause 38 (1) of Schedule 1 to the Act)

1    Units of measure (not applicable)

2    Administrative fee

Annual capacity	Administrative fee units
Any capacity	32

3    Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

WASTE DISPOSAL (APPLICATION TO LAND) the Act)

1     Units of measure (not applicable)

2     Administrative fee

Annual capacity	Administrative fee units
Any capacity	32

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WASTE DISPOSAL (APPLICATION TO LAND)

3     Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

WASTE DISPOSAL (THERMAL TREATMENT) the Act)

1     Units of measure: tonnes

2     Administrative fee

Annual capacity	Administrative fee units
Any capacity	65

3     Load-based fee

Air pollutants	Threshold factor
Arsenic	0.00005
Benzene	0.0000011
Benzo(a)pyrene	0.00002
Fine particulates	0.7
Lead	0.035
Mercury	0.003
Nitrogen oxides and nitrogen oxides (summer)	2.5
Sulfur oxides	0.07
Water pollutants	Threshold factor
Nil	Not applicable

Thermal treatment of hazardous and other waste (see clause 40 (1) of
Schedule 1 to the Act)

1     Units of measure: tonnes

2     Administrative fee

Annual capacity	Administrative fee units
Any capacity	65

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WASTE DISPOSAL (THERMAL TREATMENT)

3     Load-based fee

Air pollutants	Threshold factor
Arsenic	0.00005
Benzene	0.0000011
Benzo(a)pyrene	0.00002
Fine particulates	0.7
Lead	0.035
Mercury	0.003
Nitrogen oxides and nitrogen oxides (summer)	2.5
Sulfur oxides	0.07
Water pollutants	Threshold factor
Nil	Not applicable

WASTE PROCESSING (NON-THERMAL TREATMENT) to the Act)

1     Units of measure (not applicable)

2     Administrative fee

Type of waste treated	Administrative fee units
General waste	16

3     Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

Non-thermal treatment of hazardous and other waste (see clause 41 (1) of
Schedule 1 to the Act)

1     Units of measure (not applicable)

2     Administrative fee

Type of waste treated	Administrative fee units
Hazardous and other waste	32

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WASTE PROCESSING (NON-THERMAL TREATMENT)

3     Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

Non-thermal treatment of waste tyres (see clause 41 (1) of Schedule 1 to the Act)

1     Units of measure (not applicable)

2     Administrative fee

Type of waste treated	Administrative fee units
Waste tyres	12

3     Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

WASTE STORAGE
Waste storage (see clause 42 (1) of Schedule 1 to the Act)

1     Units of measure (not applicable)

2     Administrative fee

Type of waste stored	Administrative fee units
Hazardous waste, restricted solid waste, liquid waste,	32

clinical and related waste and asbestos waste

Waste tyres	12
Other types of waste	16

3     Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

WOOD OR TIMBER MILLING OR PROCESSING the Act)

1     Units of measure: cubic metres

Protection of the Environment Operations Amendment (Scheduled Activities	2008 No 109
and Waste) Regulation 2008
Amendment of Protection of the Environment Operations (General)	Schedule 2
Regulation 1998

WOOD OR TIMBER MILLING OR PROCESSING

2     Administrative fee

Annual processing capacity	Administrative fee units
Not more than 50,000 cubic metres	5
More than 50,000 but not more than 100,000 cubic	15

metres

More than 100,000 but not more than 200,000 cubic 50

metres

More than 200,000 cubic metres 135

3     Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

WOOD PRESERVATION
Wood preservation (see clause 44 (1) of Schedule 1 to the Act)

1     Units of measure: cubic metres

2     Administrative fee

Annual processing capacity	Administrative fee units
Not more than 10,000 cubic metres	15
More than 10,000 but not more than 30,000 cubic	50

metres

More than 30,000 cubic metres 135

3     Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

MOBILE PLANT ACTIVITIES
Mobile plant activity (see clause 46 (1) of Schedule 1 to the Act)

1      Units of measure (not applicable)

2      Administrative fee

Type of activity	Administrative fee units
Any capacity	5

2008 No 109	Protection of the Environment Operations Amendment (Scheduled Activities and Waste) Regulation 2008
Schedule 2	Amendment of Protection of the Environment Operations (General) Regulation 1998

MOBILE PLANT ACTIVITIES

3      Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

MOBILE WASTE PROCESSING
Mobile waste processing (see clause 47 (1) of Schedule 1 to the Act)

1     Units of measure (not applicable)

2     Administrative fee

Type of activity	Administrative fee units
Any capacity	32

3     Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

TRANSPORT OF WASTE to the Act)

1    Units of measure (not applicable)

2    Administrative fee

Annual capacity to transport	Administrative fee units
Any capacity	4

3    Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

Transport of waste tyres (see clause 48 (1) of Schedule 1 to the Act)

1    Units of measure (not applicable)

2    Administrative fee

Annual capacity to transport	Administrative fee units
Any capacity	4

3    Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

Protection of the Environment Operations Amendment (Scheduled Activities	2008 No 109
and Waste) Regulation 2008
Amendment of Protection of the Environment Operations (General)	Schedule 2
Regulation 1998

MISCELLANEOUS WATER ACTIVITIES

Miscellaneous licensed discharge to waters (wet weather only), meaning any activity (other than a scheduled activity) in relation to which a licence to discharge pollutants to waters during or immediately following periods of wet weather (but not at any other time) has been granted under the Act

1    Units of measure: megalitres

2 Administrative fee Maximum annual volume of discharge Administrative fee units

authorised by licence (calculated by
multiplying maximum allowable daily discharge

by 50)

Not more than 3 megalitres	5
More than 3 but not more than 15 megalitres	15
More than 15 but not more than 150 megalitres	50
More than 150 megalitres	135

3    Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

Miscellaneous licensed discharge to waters (at any time), meaning any activity (other than a scheduled activity) in relation to which a licence to discharge pollutants to waters has been granted under the Act

1    Units of measure: megalitres

2 Administrative fee Maximum annual volume of discharge Administrative fee units

authorised by licence

Not more than 20 megalitres	5
More than 20 but not more than 100 megalitres	15
More than 100 but not more than 1,000 megalitres	50
More than 1,000 megalitres	135

3    Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

2008 No 109	Protection of the Environment Operations Amendment (Scheduled Activities and Waste) Regulation 2008
Schedule 2	Amendment of Protection of the Environment Operations (General) Regulation 1998

OTHER ACTIVITIES NOT OTHERWISE LISTED

Other activities, meaning any activity (other than a scheduled activity or miscellaneous water activity)

1    Units of measure (not applicable)

2    Administrative fee

Type of activity	Administrative fee units
Any capacity	5

3    Load-based fee (there are no assessable pollutants and therefore no load-based fee in relation to this activity)

Protection of the Environment Operations Amendment (Scheduled Activities	2008 No 109
and Waste) Regulation 2008
Amendment of Protection of the Environment Operations (Waste)	Schedule 3
Regulation 2005
Schedule 3	Amendment of Protection of the Environment Operations (Waste) Regulation 2005

(Clause 5)

[1]      Clause 3 Definitions

Omit “Interpretative provisions” from clause 3 (2).
Insert instead “Definitions”.

[2]      Clause 3B

Insert after clause 3A:

3B Definition of “waste”

(1)	For the purposes of paragraph (d) of the definition of waste in the Dictionary to the Act, the following circumstances are prescribed:
(a) in relation to substances that are applied to land, the application to land by:

(i)      spraying, spreading or depositing on the land, or

(ii)      ploughing, injecting or mixing into the land, or

(iii)      filling, raising, reclaiming or contouring the land,

(b)	in relation to substances that are used as fuel, all circumstances.
(2)	Subclause (1) (a) does not apply where the substances concerned are either bulk agricultural crop materials or manure.

[3]      Clause 4 Definitions

Insert “, being the area comprising the local government areas of Cessnock, Gosford, Hawkesbury, Kiama, Lake Macquarie, Maitland, Newcastle, Port Stephens, Shellharbour, Shoalhaven, Wingecarribee, Wollongong and Wyong” after “area” in the definition of ERA in clause 4 (1).

[4]      Clause 4 (1), definition of “liquid waste”

Omit the definition. Insert instead:

liquid waste has the same meaning as it has in Schedule 1 to the
Act.

2008 No 109	Protection of the Environment Operations Amendment (Scheduled Activities and Waste) Regulation 2008
Schedule 3	Amendment of Protection of the Environment Operations (Waste) Regulation 2005

[5]      Clause 4 (1), definition of “scheduled waste facility”

Insert “by reason only that it is used for the storage, treatment, processing, sorting or disposal of waste” after “the Act”.

[6]      Clause 4 (1), definition of “SMA”

Insert “, being the local government areas of Ashfield, Auburn, Bankstown, Baulkham Hills, Blacktown, Botany, Burwood, Camden, Campbelltown, Canada Bay, Canterbury, Fairfield, Holroyd, Hornsby, Hunters Hill, Hurstville, Kogarah, Ku-ring-gai, Lane Cove, Leichhardt, Liverpool, Manly, Marrickville, Mosman, North Sydney, Parramatta, Penrith, Pittwater, Randwick, Rockdale, Ryde, Strathfield, Sutherland, Sydney, Warringah, Waverley, Willoughby and Woollahra” after “area”.

[7]      Clause 4A Payment of contributions

Omit “60” from clause 4A (2). Insert instead “56”.

[8]      Clause 4A, note

Omit the note at the end of the clause.

[9]      Clause 5 Contributions payable in relation to scheduled waste facilities where adequate records kept

Insert “trackable” after “waste other than” in clause 5 (1).

[10]      Clause 9 Exemption of certain occupiers from requirement to pay contributions

Insert “trackable” after “waste other than” in clause 9 (1).

[11]      Clause 10 Certain types of waste exempted from calculation of contributions

Omit clause 10 (1) (a1) and (b).

[12]      Clause 11 Approval of operational purpose

Insert “trackable” before “liquid waste” in clause 11 (1A).

[13]      Clause 11A Deductions from contributions

Insert “trackable” after “other than” wherever occurring in clause
11A (1) (a), (b) and (c) and (3AA) (a).

[14]      Clause 13 Waste contribution monthly reports

Omit “60”. Insert instead “56”.

Protection of the Environment Operations Amendment (Scheduled Activities	2008 No 109
and Waste) Regulation 2008
Amendment of Protection of the Environment Operations (Waste)	Schedule 3
Regulation 2005

[15]      Clause 26 Receiver of waste may accept or reject waste

Omit the note to clause 26 (1).

[16]      Clause 27 Appointment of authorised agent

Omit “occupier or” from clause 27 (5). Insert instead “occupier”.

[17]      Clause 42

Omit the clause. Insert instead:

42 Special requirements relating to asbestos waste

(1) This clause applies to any activity that involves the transportation, disposal, re-use or recycling of any type of asbestos waste, regardless of whether the activity is required to be licensed.

(2)

A person who carries on an activity to which this clause applies must comply with the requirements specified in this clause in relation to the activity concerned.

Maximum penalty: 400 penalty units in the case of a corporation,
200 penalty units in the case of an individual.

(3)

The requirements relating to the transportation of asbestos waste
are as follows:

(a)	bonded asbestos material must be securely packaged at all times,
(b)	friable asbestos material must be kept in a sealed container,
(c)	asbestos-contaminated soils must be wetted down,
(d)	all asbestos waste must be transported in a covered, leak-proof vehicle.

(4)

The requirements relating to the off site disposal of asbestos
waste are as follows:

(a)	asbestos waste in any form must be disposed of only at a landfill site that may lawfully receive the waste,
(b)	when asbestos waste is delivered to a landfill site, the occupier of the landfill site must be informed by the person delivering the waste that the waste contains asbestos,
(c)	when unloading and disposing of asbestos waste at a landfill site, the waste must be unloaded and disposed of in such a manner as to prevent the generation of dust or the stirring up of dust,

2008 No 109	Protection of the Environment Operations Amendment (Scheduled Activities and Waste) Regulation 2008
Schedule 3	Amendment of Protection of the Environment Operations (Waste) Regulation 2005

(d)

asbestos waste disposed of at a landfill site must be covered with virgin excavated natural material or other material as approved in the facility’s environment protection licence:

(i)	initially (at the time of disposal), to a depth of at least 0.15 metre, and
(ii)	at the end of each day’s operation, to a depth of at least 0.5 metre, and

(iii) finally, to a depth of at least 1 metre (in the case of bonded asbestos waste or asbestos-contaminated soils) or 3 metres (in the case of friable asbestos material) beneath the final land surface of the landfill site.

(5)

A person must not cause or permit asbestos waste in any form to
be re-used or recycled.

(6)

In this clause:
bonded asbestos material means any material (other than friable
asbestos material) that contains asbestos.
friable asbestos material means any material that contains
asbestos and is in the form of a powder or can be crumbled,
pulverised or reduced to powder by hand pressure when dry.

[18]      Clause 43

Omit the clause. Insert instead:

43 Special requirements relating to clinical and related waste

(1)

If a person disposes of clinical and related waste at a waste facility that is a landfill site or application site and is not licensed under the Act, the person must comply with the following requirements:

(a)	the waste must be disposed of only at a waste facility that is operated by a local authority and located outside the Sydney metropolitan area or extended regulated area,
(b)	the written approval of the local authority must be obtained before the waste is disposed of,
(c)	the waste must not be disposed of unless it was generated outside the extended regulated area,
(d)	the waste must not contain any recognisable body parts, sharps waste, cytotoxic waste or radioactive waste,

Protection of the Environment Operations Amendment (Scheduled Activities	2008 No 109
and Waste) Regulation 2008
Amendment of Protection of the Environment Operations (Waste)	Schedule 3
Regulation 2005

(e)	the waste must be packaged in accordance with the requirements set out in the document called NSW Health: Waste Management Guidelines for Health Care Facilities issued by the Department of Health and dated August 1998,
(f)	the waste must not be disposed of in amounts that exceed 40 kilograms at any time,
(g)	the waste must be buried, or be immediately contained, in a manner that prevents the waste coming into contact with any person or animal.

Maximum penalty: 400 penalty units in the case of a corporation,

200 penalty units in the case of an individual.

(2)

If a person collects waste for disposal at a waste facility that is a landfill site (being waste that the person knows, or ought reasonably to know, to include clinical and related waste), the person must comply with the following requirements:

(a)	sharps waste must, as far as is practicable, be collected and separately stored from other waste in securely packaged containers that satisfy the requirements of the relevant Australian Standards (for example, in sharps disposal bins),
(b)	waste contaminated with sharps waste must be packaged securely at all times (that is, where sharps are unintentionally mixed with other wastes, and it is not practicable to separate the sharps, then all the waste must be securely packaged as if it were all sharps waste),
(c)	waste contaminated with sharps waste must comply with the packaging and disposal requirements of both sharps waste and any waste that it is contaminating (for example, sharps waste mixed with cytotoxic waste must meet the standards for packaging and disposal of both wastes),
(d)	clinical waste, cytotoxic waste and pharmaceutical, drug or medicine waste must each be packaged securely and appropriately labelled or placed in containers designed especially for its containment.

Maximum penalty: 400 penalty units in the case of a corporation,
200 penalty units in the case of an individual.

(3)

The occupier of a hospital, day procedure centre, pathology laboratory, mortuary or medical research facility where clinical and related waste is generated:

2008 No 109	Protection of the Environment Operations Amendment (Scheduled Activities and Waste) Regulation 2008
Schedule 3	Amendment of Protection of the Environment Operations (Waste) Regulation 2005

(a)	must develop a clinical and related waste management plan in accordance with the NSW Health: Waste Management Guidelines for Health Care Facilities (as in force from time to time), and
(b)	must designate an appropriate person or persons responsible for implementing and monitoring the clinical and related waste management plan, and
(c)	must keep the clinical and related waste management plan up to date, retained on the premises and available for inspection by the appropriate regulatory authority.

Maximum penalty: 400 penalty units in the case of a corporation,
200 penalty units in the case of an individual.

[19]      Clause 44 Definitions

Omit paragraph (g) in the definition of residue waste. Insert instead:

(g) any substance that is hazardous waste or restricted solid waste.

[20]      Clause 47 Reporting requirements for non-paying landfills

Omit “licensed under the Act” from clause 47 (1).
Insert instead “required to pay contributions under section 88 of the Act”.

[21]      Clause 51 General provisions relating to exemptions

Insert “any provision of the Act or by” after “by” in clause 51 (1).

[22]      Clause 51A

Insert after clause 51:

51A Exemptions relating to certain waste

(1)

This clause applies to:

(a)	waste that is waste by virtue of paragraph (d) of the definition of waste in the Dictionary to the Act, and
(b)	any other waste that is used in connection with a process of thermal treatment.

(2)

The EPA may from time to time grant an exemption under clause 51 that exempts a person from any one or more of the following provisions in relation to an activity or class of activities relating to waste to which this clause applies:

(a) the provisions of sections 47–49 and 88 of the Act,

Protection of the Environment Operations Amendment (Scheduled Activities	2008 No 109
and Waste) Regulation 2008
Amendment of Protection of the Environment Operations (Waste)	Schedule 3
Regulation 2005

(b)	the provisions of Schedule 1 to the Act, either in total or as they apply to a particular type of activity,
(c)	the provisions of Part 3 and clauses 45 and 47 of this Regulation.

BY AUTHORITY