Protection of the Environment Operations (Waste) Regulation 2014 (NSW)
Cl 21A(9) of this Regulation (cl 21A(9) repeals cl 21A on 1.9.2026)
Sch 1A, cl 10 of this regulation (Sch 1A, cl 10 repeals Sch 1A, Part 5 on 1.7.2027)
This Regulation is the Protection of the Environment Operations (Waste) Regulation 2014.
Except as otherwise provided by this clause, this Regulation commences on 1 November 2014 and is required to be published on the NSW legislation website.
This Regulation replaces the Protection of the Environment Operations (Waste) Regulation 2005, which would otherwise be repealed on 1 September 2015 by section 10(2) of the Subordinate Legislation Act 1989.
Part 5 commences on 1 March 2015.
Clauses 76 and 79 commence on 1 July 2015.
In this Regulation—
(a) the Act, Schedule 1, clause 39, or
(b) the Act, Schedule 1, clause 40.
A copy of the guidelines is available on the EPA’s website ( Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
Expressions used in this Regulation that are defined in Part 3 (Definitions) of Schedule 1 to the Act have the same meanings as in that Part.
Notes included in this Regulation do not form part of this Regulation.
For the purposes of this Regulation,
However, liquid waste is not trackable liquid waste for the purposes of this Regulation if Part 4 of this Regulation does not apply to the transportation of that waste because of the operation of clause 41(2) or an exemption granted under Part 9.
(cf clause 4(2) of 2005 Reg)
For the purposes of Parts 2 and 3—
(a) one kilolitre of trackable liquid waste is taken to weigh one tonne, and
(b) other liquid waste is taken to weigh the amount calculated in accordance with a relevant method specified in the Waste Levy Guidelines.
(cf clauses 3A and 3B of 2005 Reg)
For the purposes of paragraph (d) of the definition of
(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.
For the purposes of paragraph (e) of the definition of
(a) any substance that is received by a scheduled waste facility (other than any office supplies, or any plant or vehicles, used or intended to be used at the facility) if the occupier of the facility is required to pay contributions to the EPA under section 88 of the Act and the substance is reasonably capable of being applied to land at the facility 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, and
(b) any processed, recycled, re-used or recovered substance produced wholly or partly from waste that is intended to be applied 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, and
(c) any processed, recycled, re-used or recovered substance produced wholly or partly from waste that is intended to be used as fuel.
Section 88 of the Act provides that the occupier of a waste facility that is required to have an environment protection licence must pay a contribution to the EPA in respect of all waste received at the facility. This Part sets out how that contribution is to be determined. Division 3 provides how the contribution is to be calculated. Division 4 sets out deductions that may be made from any such contribution and Division 2 sets out how and when the contribution is to be paid. Division 5 sets out some exemptions from the requirement to pay a contribution and Division 6 requires the occupier to report to the EPA on the amount of waste received in a month to ensure that the correct contribution is paid.
(cf clause 4 of 2005 Reg)
In this Part—
(a) a person registered as a land surveyor under the Surveying and Spatial Information Act 2002, or
(b) any other person, or person belonging to a class of persons, approved by the EPA.
(a) Ballina, Bellingen, City of Blue Mountains, Byron, Clarence Valley, City of Coffs Harbour, Dungog, Kempsey, City of Lismore, Mid-Coast, Muswellbrook, Nambucca Valley, Port Macquarie-Hastings, Richmond Valley, Singleton, Tweed, Upper Hunter Shire and Wollondilly,
(b) on and from 1 July 2027—Kyogle.
For the purposes of calculating a contribution under this Part (including the amount of any deduction and the quantity of waste exempted from the calculation of a contribution under clause 21 or 21A), the tonnage of any waste is to be rounded to two decimal places (rounding 0.005 upwards).
However, if the method by which waste is authorised to be measured and recorded under Division 2 of Part 3 results in a measurement and record to two decimal places or less—
(a) the tonnage of waste for the purposes of calculating the contribution is the tonnage so measured and recorded, and
(b) that tonnage need not be rounded.
(cf clause 4A(1) of 2005 Reg)
For the purposes of section 88(3)(a) of the Act, a contribution payable under that section may be paid by cheque or electronic funds transfer.
(cf clause 4A(2)–(4) of 2005 Reg)
(Repealed)
For the purposes of section 88(3)(b) of the Act, the period of 28 days after the end of each 3 month period (being the 3 month periods ending on 31 August, 30 November, the last day of February and 31 May in each year) is prescribed as the time within which the contribution payable by an occupier is to be paid in respect of trackable liquid waste.
(Repealed)
For the purposes of section 88(3)(b) of the Act, the occupier of a scheduled waste disposal facility must pay the contribution payable in respect of the waste (other than trackable liquid waste) received at the facility no later than 26 days after the end of the month in which the report in relation to that waste must be provided to the EPA in accordance with clause 22.
For the purposes of section 88(3)(b) of the Act, the time within which a contribution payable by an occupier of a waste facility that is not a scheduled waste disposal facility is to be paid in respect of waste (other than trackable liquid waste) received at the facility is—
(a) 26 days after the end of the month following the month in which the waste is transported from the facility if, before the end of the 12-month period after the end of the month in which it was received—
(i) the waste is transported from the facility, or
(ii) the waste has been processed at the facility to any standards required by a resource recovery order applying, at the time that the processing is completed, to the occupier of the facility in relation to the supply of the waste, or
(b) 26 days after the end of the month following the month in which the waste is received if, at the end of the month in which the waste is received—
(i) the amount of waste at the facility (other than trackable liquid waste and waste generated at the facility, but including waste generated at the facility from waste received at the facility) exceeds the authorised amount, and
(ii) the waste forms part of the amount by which the authorised amount is exceeded, or
(c) 12 months after the end of the month in which the waste is received at the facility in any other case.
For subclause (1)(b)(i), the amount of waste at the facility is the greater of the following—
(a) the amount determined by reference to information reported to the EPA under clause 22,
(b) the amount estimated by the EPA under clause 25A,
(c) the amount determined by a volumetric survey under this Part.
In this clause—
(cf clause 5(6)–(8) and (9)–(18) of 2005 Reg)
For the purposes of this Division, the
(a) for the period commencing on 1 November 2014 and ending on 30 June 2015—$120.90, $65.40, $70.10 and $13.70, respectively, or
(b) for a year beginning on or after 1 July 2015—the amount, in dollars and cents, calculated for the year in accordance with the Formula (rounded to the nearest 10 cent multiple (with an amount of 5 cents to be rounded up)).
The
where—
(a) if the MLA amount is being calculated—
(i) $130.90 for the year beginning on 1 July 2015, or
(ii) for a year beginning on or after 1 July 2016—the MLA amount, in dollars and cents, for the year previous to the year for which the calculation is being made, or
(b) if the RLA amount is being calculated—
(i) $75.40 for the year beginning on 1 July 2015, or
(ii) for a year beginning on or after 1 July 2016—the RLA amount, in dollars and cents, for the year previous to the year for which the calculation is being made, or
(c) if the TLW amount is being calculated—
(i) $70.10 for the year beginning on 1 July 2015, or
(ii) for a year beginning on or after 1 July 2016—the TLW amount, in dollars and cents, for the year previous to the year for which the calculation is being made, or
(d) if the Special Levy amount is being calculated—
(i) $13.70 for the year beginning on 1 July 2015, or
(ii) for a year beginning on or after 1 July 2016—the Special Levy amount, in dollars and cents, for the year previous to the year for which the calculation is being made.
For the purposes of the Formula, the issue of a CPI number is to be disregarded if, at any time, the Australian Statistician issues the CPI number in substitution for a CPI number previously issued.
(cf clause 5(1)–(5), (8A), (8B) and (17) of 2005 Reg)
For the purposes of section 88(2) of the Act, the contributions payable by occupiers of scheduled waste facilities are the contributions calculated in accordance with this clause.
The contribution required to be paid by an occupier of a scheduled waste facility, in respect of waste (other than trackable liquid waste) received at the facility, is as follows—
(a) in the case of a scheduled waste facility located in the MLA—the MLA amount for the period in which the waste is received for each tonne of waste that is received in that period,
(b) in the case of a scheduled waste facility located outside the MLA—
(i) the MLA amount for the period in which the waste is received for each tonne of waste received in that period that has been generated in, or generated from waste generated in, the MLA, and
(ii) the RLA amount for the period in which the waste is received for each tonne of waste received in that period that has been generated in, or generated from waste generated in, the RLA, and
(iii) the RLA amount for the period in which the waste is received for each tonne of waste received in that period that has been generated, or generated from waste generated, outside both the MLA and RLA, but only if the facility is in the RLA.
The contribution required to be paid by an occupier of a scheduled waste facility, in respect of trackable liquid waste received at the facility, is the TLW amount for the period in which the waste is received for each tonne of the waste that is received in that period.
The contribution required to be paid by an occupier of a scheduled coal waste facility, in respect of coal washery rejects received at the facility, is the Special Levy amount for the period in which the rejects are received for each tonne of rejects received in that period.
An occupier of a scheduled coal waste facility is not required to pay a contribution under subclause (2) in respect of coal washery rejects received at the facility.
The amount of the contribution calculated in accordance with this clause is to be adjusted in accordance with Division 4 (if applicable) and rounded to the nearest cent (rounding 0.5 cent upwards).
For the purposes of this clause—
(a) the
MLA amount orRLA amount , in respect of virgin excavated natural material received on or after 1 November 2014 at a scheduled waste disposal facility, is 90 per cent of the MLA amount, or RLA amount, otherwise applying for the purposes of this Division (as calculated under clause 11), and(b) the
MLA amount orRLA amount , in respect of residual waste generated directly from the shredding of scrap metal at a relevant waste facility and received at a scheduled waste disposal facility on any of the following days is the following percentage of the MLA amount, or RLA amount, otherwise applying for the purposes of this Division (as calculated under clause 11)—(i) between 1 September 2019 and 30 June 2020—50%,
(ii) between 1 July 2020 and 30 June 2021—52.5%,
(iii) between 1 July 2021 and 30 June 2022—57.5%,
(iv) between 1 July 2022 and 30 June 2023—62.5%,
(v) between 1 July 2023 and 31 August 2026—75%, and
(c) the
MLA amount orRLA amount , in respect of recovered fines applied to land as daily cover at a scheduled waste disposal facility, is 25 per cent of the MLA amount, or RLA amount, otherwise applying for the purposes of this Division (as calculated under clause 11) if—(i) the recovered fines (being recovered fines meeting the requirements of Recovered Fines Alternative Daily Cover Specifications published by the EPA in the Gazette and as amended or replaced from time to time (the
Recovered Fines Specifications )) are received at the facility on or after the date on which this paragraph commenced, and(ii) the facility is authorised (in the environment protection licence for the facility) to receive the recovered fines and to apply the recovered fines to land as daily cover, and
(iii) the facility has obtained, from the scheduled waste facility that supplied the recovered fines, a statement in the approved form that certifies that the fines have been sampled and tested in accordance with the Recovered Fines Specifications and that fines comply with the Recovered Fines Specifications.
The MLA amount or RLA amount calculated under subclause (7) is to be rounded to the nearest 10 cent multiple (with an amount of 5 cents to be rounded up).
In subclause (7)(b),
(a) at which scrap metal processing (as listed in clause 26 of Schedule 1 to the Act) is authorised to be carried out under a licence, and
(b) that is specified by the EPA by notice published in the Gazette (including a notice in force under subclause (7)(b) immediately before its substitution by the Protection of the Environment Operations (Waste) Amendment Regulation 2019).
(cf clause 6 of 2005 Reg)
This clause applies in relation to the calculation of a contribution in accordance with clause 12 that is payable by the occupier of a scheduled waste facility, in respect of waste received at the facility during any period, if—
(a) the records relating to waste received in the period are inadequate, and
(b) in the opinion of the EPA, the calculation is required to be based on presumptions about, or estimates of, any of the following matters because the records are inadequate—
(i) whether waste was received at the facility during the period,
(ii) when the waste was received,
(iii) the source of the waste received,
(iv) the amount of the waste received.
The records relating to waste received at a waste facility during a period are inadequate if—
(a) there are no records relating to waste received at the facility during the period, or
(b) the records relating to waste received in the period are incomplete, inaccurate or inconsistent with other records (whether kept by the occupier of the waste facility concerned or another person or body), or
(c) the information contained in the records relating to waste received in the period has not been obtained by using methods that, in the opinion of the EPA, are appropriate.
Nothing in this subclause limits the circumstances in which the records may be inadequate.
The EPA is entitled to presume each of the following matters (subject to the occupier of the waste facility establishing the contrary)—
(a) any waste at the facility at any time is waste that has been received by the facility,
(b) the waste was received on the date on which the EPA first became aware that the records are inadequate,
(c) any waste received by the facility has been generated in the MLA or generated from waste generated in the MLA.
In estimating the tonnage of waste received at the waste facility during the period, the EPA is to take into consideration any of the following that the EPA considers appropriate in the circumstances—
(a) in respect of waste other than liquid waste, a volumetric survey of waste at the facility carried out by a qualified surveyor,
(b) available records in respect of the facility,
(c) any information provided by an authorised officer who has seen or inspected the facility,
(d) any other information available to the EPA (such as video monitoring records) and records kept by persons not involved with the operation of the facility.
If the EPA decides to base its estimate of the tonnage of waste received at the waste facility on a volumetric survey, the EPA may, by written notice to the occupier of the waste facility, require the occupier to ensure that—
(a) a volumetric survey is carried out by a qualified surveyor within 21 days after the date of the notice, and
(b) a copy of the report of the qualified surveyor is forwarded to the EPA within 7 days after the occupier receives the report.
An occupier of a waste facility to whom such a notice has been given must comply with the requirements specified in the notice.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
For the purposes of estimating the tonnage of waste received at a waste facility under this clause, on the basis of a volumetric survey—
(a) the conversion formula is to be used in converting cubic metres of waste to tonnes of waste, or
(b) if the EPA is of the opinion that it is able to more accurately estimate the tonnage of the waste by using another method that is reasonably available to it than by using the conversion formula—the other method is to be used.
The
where—
This clause has effect in respect of waste at a scheduled waste facility whether or not it was received before or after the commencement of this clause.
(cf clause 11A(1)(a) and (c), (2), (3A), (5) and (5A) of 2005 Reg)
The occupier of a scheduled waste facility who is required to pay a contribution under section 88 of the Act may deduct from a contribution payable under that section an amount in respect of waste received at the facility that—
(a) has been or is to be used for a purpose to which a certificate issued under clause 15 applies, and
(b) has been or is to be used in accordance with the requirements specified in the certificate.
A deduction is not available under this clause in respect of waste that—
(a) exceeds the amount of waste specified in a certificate issued under clause 15, or
(b) is used other than in accordance with the requirements specified in the certificate.
(cf clause 11 of 2005 Reg)
An occupier of a scheduled waste facility may apply to the EPA for approval to use at the facility any kind of waste referred to in the second column of the following table for any purpose (an
Item | Kind of waste | Purpose |
1 | New asphalt, or new concrete, obtained at a batching plant. | Roads or other construction works. |
2 | Materials that meet the specifications in the Waste Levy Guidelines. | Roads of a kind specified in the Waste Levy Guidelines or other construction works of a kind specified in the Waste Levy Guidelines. |
3 | Any one or more of the following—
| Leachate collection systems that are associated with leachate management and are in accordance with the conditions of an environment protection licence. |
4 | Any one or more of the following—
| Landfill lining systems (including landfill base and side liners) that are in accordance with the conditions of an environment protection licence. |
5 | Any one or more of the following—
| Stormwater management systems that are in accordance with the conditions of an environment protection licence. |
6 | Any one or more of the following—
| Any one or more of the following that are in accordance with the conditions of an environment protection licence—
|
7 | Any one or more of the following—
| Daily cover for waste at landfill sites, in accordance with the conditions of an environment protection licence. |
8 | Virgin excavated natural material, or potential acid sulfate soils, not mixed with any other kind of waste. | Placement of the material, ores or soils (in accordance with the conditions of an environment protection licence) to rehabilitate a sand mine. |
9 | Waste of any kind. | Final capping works, in accordance with the conditions of an environment protection licence, at landfill sites. |
10 | Waste of any kind. | Bedding layers to protect landfill lining systems if the layers are of a kind specified in the Waste Levy Guidelines. |
11 | Biofilter media and aggregate layers. | Biofilters for pollution or odour control (including underlying aggregate layers) that are in accordance with the conditions of an environment protection licence. |
The occupier may apply to the EPA for approval under this clause—
(a) before the waste has been used for the operational purpose, or
(b) after the waste has been used for the operational purpose.
The application must include the following—
(a) in the case of an application made before the waste has been used for an operational purpose—a plan for the use of the waste for the operational purpose,
(b) in the case of an application made after the waste has been used for an operational purpose—a report on the use of the waste for the operational purpose,
(c) any other information that the EPA requires for the purposes of determining whether or not to approve the application.
The EPA may, on an application under this clause, approve the use of waste for an operational purpose at the facility whether or not the waste has already been used for the operational purpose.
If the EPA approves an operational purpose under this clause, the EPA must issue a certificate to the occupier of the scheduled waste facility to the effect that the use of waste for the operational purpose has been approved.
The certificate must specify—
(a) the scheduled waste facility to which the certificate applies, and
(b) the operational purpose for which the waste is to be or has been used, and
(c) the amount of waste approved for the operational purpose, and
(d) in the case of an application made before the waste has been used for the operational purpose—the period in which the waste is to be used for that purpose, and
(e) any conditions relating to the use of waste for the operational purpose.
The EPA may grant an exemption under clause 91 to the occupier of a scheduled waste facility from the requirement under section 48 of the Act to hold a licence for the scheduled activity of waste disposal in respect of waste used at the facility for an operational purpose approved by the EPA.
The occupier of a scheduled waste facility who is required to pay a contribution under section 88 of the Act may deduct from a contribution payable under that section an amount in respect of—
(a) waste received at the facility that has been recovered, recycled or processed at that facility (in accordance with any requirements of the Waste Levy Guidelines) and transported from the facility to another place for a lawful use, or
(b) waste that has been processed at the facility (to any standards required by a resource recovery order applying at the time that the processing is completed to the occupier of the facility in relation to the supply of the waste) and transported from the facility to another place for a lawful use, or
(c) waste transported from the scheduled waste facility to another facility for recovery, recycling, processing or disposal but only if the occupier satisfies the EPA that the other facility may lawfully be used as a waste facility and that the waste was received by the other facility for lawful recovery, recycling, processing or disposal.
A deduction is not available under this clause in respect of—
(a) trackable liquid waste received at the facility, or
(b) landfill gas or anything derived from landfill gas, or
(c) landfill leachate or anything derived from landfill leachate, or
(d) waste exhumed in contravention of clause 110A.
The EPA may require a person seeking to obtain a deduction under this clause to provide records or such other evidence that satisfies the EPA of any matter relating to the person’s eligibility for the deduction and, in any such case, the deduction is not available unless the person satisfies the EPA of the particular matter.
The EPA may require, by notice in writing, that the occupier of a scheduled waste facility who obtains a deduction under this clause—
(a) engage an independent person (approved by the EPA) to conduct an audit of, and to prepare a report on, deductions claimed under this clause for the period specified in the notice, and
(b) ensure that a copy of the report is provided to the EPA within the time specified in the notice.
An occupier to whom a notice is given must comply with the notice.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
(cf clause 11A(1)(b1) and (3AA) of 2005 Reg)
The occupier of a scheduled waste facility who is required to pay a contribution under section 88 of the Act may deduct from a contribution payable under that section an amount in respect of trackable liquid waste received at the facility that has been transported from the facility (in accordance with any requirements of the Waste Levy Guidelines)—
(a) as trackable liquid waste to another facility that can lawfully receive it, or
(b) as a substance other than trackable liquid waste to a place for lawful recycling, re-use or processing, but only if any requirements of the Waste Levy Guidelines have been satisfied, or
(c) as waste other than liquid waste to another scheduled waste facility within the regulated area for lawful disposal at the other facility.
(cf clause 11A(4) and (6)–(9) of 2005 Reg)
A deduction is not available under this Division, in respect of waste received at a scheduled waste facility, if the waste—
(a) has already been the subject of a deduction, in accordance with this Division, from the calculation of a contribution otherwise payable by the occupier, or
(b) has already been exempted, in accordance with Division 5, from the calculation of the contribution otherwise payable by the occupier, or
(c) was received at the facility more than 24 months before the date of the deduction and the facility is a scheduled waste disposal facility, or
(d) was received at the facility more than 24 months before the date of the deduction and the deduction is a deduction under clause 14.
A deduction under this Division is to be—
(a) calculated on the basis of the rate of contribution that was applicable in respect of the waste at the time that the waste was received at the waste facility concerned, and
(b) following that calculation, rounded to the nearest cent (rounding 0.5 cent upwards).
The EPA may, by written notice to the occupier of a scheduled waste facility, disallow the whole or any part of a deduction made by the occupier under this Division if the EPA is satisfied that—
(a) the occupier was not allowed to make the deduction, or
(b) the deduction is not available in respect of the waste.
The notice may require the occupier to—
(a) increase a specified contribution payable by the occupier by the whole or such part of the deduction made by the occupier under this Division as the EPA determines, or
(b) pay to the EPA an amount equal to the whole or such part of the deduction made by the occupier under this Division as the EPA determines.
If the amount of a deduction to which the occupier of a scheduled waste facility is entitled under this Division exceeds the amount of the contribution payable by the occupier under section 88 of the Act, the occupier is entitled to a rebate of the amount by which the deduction exceeds the contribution.
(Repealed)
(cf clause 9 of 2005 Reg)
See clause 109 in relation to reporting requirements for occupiers of facilities who are not required to pay contributions because of an exemption under this clause.
The occupier of any waste facility that is not a scheduled waste facility is exempt from the requirement to pay a contribution to the EPA under section 88 of the Act.
The occupier of a scheduled waste facility is exempt from the requirement to pay contributions to the EPA under section 88 of the Act if—
(a) the facility is a scheduled waste facility because a prescribed scheduled activity is carried on at the facility, and
(b) no other activity in respect of waste received at the facility is carried on at the facility that would make the facility a scheduled waste facility (other than the storage of waste received in connection with the prescribed scheduled activity).
The occupier of a scheduled waste facility is exempt from the requirement to pay contributions to the EPA under section 88 of the Act if—
(a) the facility is not a scheduled waste disposal facility, and
(b) the facility is a scheduled waste facility because an activity listed in clause 26 (Metallurgical activities) of Schedule 1 to the Act is carried on at the facility.
The occupier of a scheduled waste facility is exempt from the requirement to pay contributions to the EPA under the Act, section 88 if—
(a) the facility is not a scheduled waste disposal facility, and
(b) the scheduled activity carried on at the facility involves only the storage, treatment, processing or sorting of 1 or more of the following—
(i) clinical and related waste,
(ii) hazardous waste,
(iii) liquid waste,
(iv) restricted solid waste.
The occupier of a scheduled waste disposal facility is exempt from the requirement to pay contributions to the EPA under the Act, section 88 if the scheduled activity of waste disposal carried on at the facility involves only 1 or both of the following—
(a) slags,
(b) virgin excavated natural material.
Nothing in this clause exempts the occupier of a scheduled waste facility from the requirement to pay contributions to the EPA in respect of trackable liquid waste received at the facility.
In this clause—
(a) clause 7 (Ceramic works),
(b) clause 12 (Composting),
(c) clause 14 (Container reconditioning),
(d) clause 15 (Contaminated soil treatment),
(e) clause 30 (Paper or pulp production).
(cf clause 10(1) of 2005 Reg)
An exemption from the requirement to pay contributions under section 88 of the Act may also be granted by the EPA under Part 9 in relation to certain types of waste.
The following types of waste received at a scheduled waste disposal facility are exempted from the calculation of the contribution payable under section 88 of the Act for each tonne of that waste received at the waste facility—
(a) any spoil generated by dredging activities,
(b) any waste—
(i) collected in accordance with a community service or activity, or arising from a biological outbreak or natural disaster, and
(ii) approved by the EPA in writing for the purposes of this clause,
(c) any waste that is wholly or predominantly comprised of whale carcasses.
Any waste received at a Community Recycling Centre is exempted from the calculation of the contribution payable under section 88 of the Act.
Waste is not exempt under this clause from the calculation of the contribution payable by the occupier of a scheduled waste facility if the occupier fails to comply with any requirement under Division 1 of Part 3 with respect to the waste.
For the purposes of this clause,
(Repealed)
Waste consisting of mixed waste organic outputs that is received at a scheduled waste disposal facility is exempted from the calculation of the contribution for the period for which the contribution is payable under section 88 of the Act for each tonne of that waste that has been processed at an approved scheduled waste facility.
For the purposes of this clause,
(a) consists only of pasteurised and biologically stabilised organic outputs produced from the mechanical biological treatment of general solid waste (putrescible) (within the meaning of Schedule 1 to the Act), and
(b) complies with any other requirements specified by the EPA by notice published in the Gazette for the purposes of this clause.
The EPA may, by notice published in the Gazette—
(a) approve a scheduled waste facility for the purposes of this clause, and
(b) limit the amount of the waste processed by the approved scheduled waste facility that is exempted from the calculation of the contribution payable for waste received at a scheduled waste disposal facility.
The notice may specify the period during which the approval under subclause (4)(a) is to have effect, being a period that ends on a date on or before this clause is repealed.
If the notice is varied during the approval period, the variation must not extend the end of the period to a date that is after the date this clause is repealed.
An exemption under this clause does not apply to any amount of the waste received at the scheduled waste disposal facility that exceeds the amount specified in the notice under subclause (4)(b) in relation to the approved scheduled waste facility concerned.
An exemption under this clause does not apply unless the approved scheduled waste facility certifies in writing that the waste does not contain any substance other than mixed waste organic outputs.
Waste is not exempt under this clause from the calculation of the contribution payable by the occupier of a scheduled waste disposal facility if the occupier fails to comply with any requirement under Division 1 of Part 3 with respect to the waste.
The EPA may vary or revoke a notice under this clause by notice published in the Gazette.
This clause is repealed on 1 September 2026.
(cf clause 13 of 2005 Reg)
This clause does not apply in respect of trackable liquid waste.
The occupier of a scheduled waste facility who is required to pay contributions under section 88 of the Act must, within 26 days after the end of each month, provide the EPA with the following information (in the approved form and manner)—
(a) the quantity of waste received at the waste facility during the month to which the report relates,
(b) the waste types (determined in accordance with the Waste Levy Guidelines) of waste received at the waste facility during the month to which the report relates,
(c) any approved particulars relating to the waste facility.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
The occupier of a scheduled waste facility located outside the MLA and RLA is not required to provide information under this clause in relation to waste that is not generated, or generated from waste generated, in the MLA or RLA.
See clause 109 for other reporting requirements that apply to occupiers of scheduled waste facilities outside the MLA and RLA.
The EPA may, by written notice, require the occupier of a scheduled waste facility to—
(a) engage an independent person approved by the EPA to conduct an audit of, and to prepare a report on, the information provided, or required to be provided, under this clause for the period specified in the notice, and
(b) ensure a copy of the report is provided to the EPA within the time specified in the notice.
The occupier must comply with the notice.
Maximum penalty—
(a) for an individual—100 penalty units, or
(b) for a corporation—200 penalty units.
The EPA may grant an exemption under Part 9 from any requirement under this clause.
(Repealed)
(cf clause 14 of 2005 Reg)
The occupier of a scheduled waste facility who is required to pay contributions under section 88 of the Act must—
(a) in the case of a scheduled waste disposal facility that is a landfill site—
(i) cause a volumetric survey of the facility to be carried out by a qualified surveyor during June and December in each year, and
(ii) provide the results to the EPA (in any form and manner specified by the Waste Levy Guidelines) by no later than the following 31 July and 31 January, respectively, and
(b) in any other case—
(i) determine the amount of waste at the facility in a manner and at such time as may be required by the EPA by notice in writing to the occupier, and
(ii) keep records of the results in accordance with the requirements specified in the notice, and
(iii) provide the results to the EPA in accordance with the requirements of the notice.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
The occupier must also—
(a) cause a volumetric survey of the waste facility to be carried out by a qualified surveyor at any other time, or within any period, specified by the EPA by written notice to the occupier, and
(b) provide the results to the EPA (in any form and manner specified by the Waste Levy Guidelines) by no later than any time, or the end of any period, specified in the notice.
The occupier must—
(a) keep a copy of the results of each survey for a period of at least 6 years after the date on which the survey is carried out, and
(b) make those results available for inspection and copying by an authorised officer on request.
The EPA may, by written notice to the occupier of a waste facility, defer the application of any requirement under this clause in respect of the occupier until any time specified in the notice.
The EPA may grant an exemption under Part 9 from any requirement under this clause.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
The occupier of a scheduled waste facility who is required to pay contributions under section 88 of the Act must—
(a) cause a topographical survey of the facility to be carried out by a qualified surveyor at any time, or within any period, specified by the EPA by written notice to the occupier, and
(b) provide the results to the EPA (in any form and manner specified by the Waste Levy Guidelines) by no later than any time, or the end of any period, specified in the notice.
The occupier must—
(a) keep a copy of the results of each survey for a period of at least 6 years after the date on which the survey is carried out, and
(b) make those results available for inspection and copying by an authorised officer on request.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
An occupier of a waste facility who is required to cause a volumetric survey or a topographical survey to be carried out under this Division must ensure that the survey is carried out in accordance with any requirements specified in the Waste Levy Guidelines.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
(cf clause 8 of 2005 Reg)
The interest on a contribution under section 88 of the Act that is not fully paid by the due date for payment of the contribution is to be calculated daily (at the prescribed rate)—
(a) from the day immediately following the due date, and
(b) on so much of the contribution as remains outstanding.
Accordingly, interest ceases to accumulate when the contribution has been fully paid (whether or not interest is fully paid at that time).
The
(a) 8 per cent,
(b) the cash rate target released by the Reserve Bank of Australia that is applicable for the first business day after the due date for payment of the contribution.
This clause applies if the EPA reasonably believes—
(a) the mass of waste may have changed while the waste is at a scheduled waste facility, or
(b) the occupier of the facility has incorrectly calculated the mass of waste at the facility, or
(c) the records relating to waste received at the facility during a period are inadequate as referred to in clause 13, or
Note— See clause 13(2).
(d) information reported to the EPA under clause 22 is incomplete, inaccurate or inconsistent with other records—
(i) whether the records are kept by the occupier of the facility or another person or body, and
(ii) whether or not the information relates to waste at, or waste received at, the facility.
The EPA may, for the purposes of this Part, estimate the amount of waste—
(a) at a facility at a particular time, or
(b) received at a facility at a particular time, or
(c) received at a facility during a period.
The EPA may, as a result of the estimate, adjust—
(a) a report under clause 22, and
(b) a contribution liability accordingly.
The EPA, in making an estimation under this clause, may take into consideration any information available to the EPA including any volumetric surveys of the waste, the records of the facility and any information provided by an authorised officer who has inspected the facility.
This clause applies to a scheduled waste facility regardless of whether the facility is also permitted to carry out waste disposal.
The EPA may pay a rebate to the occupier of a scheduled waste facility that is not a scheduled waste disposal facility of an amount equivalent to any contribution under section 88 of the Act in respect of waste if the EPA is satisfied that the waste has been transported from the scheduled waste facility for recovery, recycling, processing or disposal to another facility that may lawfully be used as a waste facility and that the waste was received for lawful recovery, recycling, processing or disposal.
(cf clauses 10(2) and (3) and 12 of 2005 Reg)
For the purposes of this Division, the
For the purposes of this Division, the
The occupier of a scheduled waste facility must record the following information in relation to each delivery of waste or other material received at the facility—
(a) the amount of any waste delivered, its waste type and (except where the waste is trackable liquid waste) its waste stream,
(b) the amount of any other material delivered and a description of the nature of that other material,
(c) the amount of any waste delivered that is spoil generated by dredging activities,
(d) if any of the waste delivered has been collected in accordance with a community service or activity, or arising from a biological outbreak or natural disaster, and been approved by the EPA for the purposes of clause 21—
(i) the date of the approval and the code or number allocated by the EPA for the approval, and
(ii) the amount of that waste, and
(iii) particulars of the community service or activity, biological outbreak or natural disaster in respect of which the waste has been collected,
(d1) the amount of any waste delivered that is wholly or predominantly comprised of whale carcasses,
Note. The waste referred to in paragraphs (c)–(d1) is exempted by clause 21 from the calculation of waste contributions payable by the occupier of the waste facility.
(e) the date and time the delivery is made,
(f) the registration number of the vehicle used to make the delivery,
(g) in the case of waste transported to the waste facility from another waste facility—
(i) the name and address of the other facility, and
(ii) the code or number of any environment protection licence for the other facility,
(h) in the case of an occupier who is required to pay contributions under section 88 of the Act—particulars of where any waste or other material delivered is placed at the facility.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
The occupier of a scheduled waste facility must record the following information in relation to each load of waste or other material transported from the facility for use, recovery, recycling, processing or disposal at another place—
(a) the amount of any waste contained in the load, its waste type and (except where the waste is trackable liquid waste) its waste stream,
(b) the amount of any other material contained in the load and a description of the nature of that other material,
(c) the amount of any waste contained in the load that is spoil generated by dredging activities,
(d) if any of the waste in the load has been collected in accordance with a community service or activity, or arising from a biological outbreak or natural disaster, and been approved by the EPA for the purposes of clause 21—
(i) the date of the approval and the code or number allocated by the EPA for the approval, and
(ii) the amount of that waste, and
(iii) particulars of the community service or activity, biological outbreak or natural disaster in respect of which the waste has been collected,
(d1) the amount of any waste contained in the load that is wholly or predominantly comprised of whale carcasses,
Note. The waste referred to in paragraphs (c)–(d1) is exempted by clause 21 from the calculation of waste contributions payable by the occupier of the waste facility.
(e) the date and time the load is transported from the facility,
(f) the registration number of the vehicle used to transport the load,
(g) the name and address of the place to which the load is transported and the code or number of any environment protection licence for that place,
(h) in the case of waste or other material in the load that is removed from a stockpile required to have a unique identification number under clause 31(1)(a)—the unique identification number,
(i) in the case of an occupier who is required to pay contributions under section 88 of the Act—details of any recycling, mixing, blending or processing of any waste in the load, including the composition as a proportion of waste and other material in any waste-derived material in the load.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
The occupier of a scheduled waste facility must record the following particulars in relation to vehicles that enter the facility for a purpose related to the operation of the facility (whether or not the vehicle is being, or is intended to be, used to deliver or transport waste)—
(a) the date and time on which the vehicle enters the facility,
(b) the date and time on which the vehicle leaves the facility,
(c) the registration number of the vehicle,
(d) the purpose of entry,
(e) the weight of the vehicle.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
The occupier of a scheduled waste facility who is required to pay contributions under section 88 of the Act must record the following information in relation to any waste of a kind referred to in the second column of the table to clause 15(1) that is used at the facility for a purpose specified opposite in the third column of that table—
(a) the amount of waste and its waste type,
(b) the nature of the purpose,
(c) the date the waste is used,
(d) particulars of any certificate issued under clause 15 relating to the use of waste for the purpose.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
The occupier of a scheduled waste facility who is required to pay contributions under section 88 of the Act must record the following information in relation to any waste and any other material stockpiled at the facility (other than trackable liquid waste and material mixed with trackable liquid waste)—
(a) a unique identification number for each stockpile,
(b) the quantity of any waste (and its waste type) or other material held in each stockpile as at 30 June and 31 December of each year,
(c) the quantity of any waste (and its waste type) or other material that is added to or removed from each stockpile each day.
The occupier of a scheduled waste facility who is required to pay contributions under section 88 of the Act must, if any trackable liquid waste (including any material mixed with trackable liquid waste) is stockpiled at the facility, record the quantity of that waste (and its waste type) held in each stockpile as at 30 June of each year.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
The occupier of a scheduled waste facility who, in accordance with Division 2, uses a method other than a weighbridge to measure and record the quantities of waste and other material transported into or out of the facility must record any information, in relation to the use of the method by the occupier, that is specified in the Waste Levy Guidelines.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
The occupier of a scheduled waste facility who is required to record information under this Division must—
(a) record and keep the information in accordance with any requirements of the Waste Levy Guidelines, and
(b) ensure that each record is retained for at least 6 years after the record is made, and
(c) make any of the records available for inspection and copying by an authorised officer on request.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
The occupier of a scheduled waste facility who is required to record information under this Division relating to trackable liquid waste or material mixed with trackable liquid waste must ensure that the records are provided to the EPA electronically at the times, and in any form and manner, specified in the Waste Levy Guidelines.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
The EPA may grant an exemption under Part 9 from any provisions of this Division.
(cf clause 15 of 2005 Reg)
The occupier of a scheduled waste facility who is required to pay contributions under section 88 of the Act must ensure that there is a weighbridge installed at the waste facility.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
This clause does not apply to the occupier of a scheduled waste facility that receives only the following waste for storage, treatment, processing, sorting or disposal—
(a) clinical and related waste,
(b) hazardous waste,
(c) liquid waste,
(d) restricted solid waste.
The occupier must—
(a) submit to the EPA, within 30 days after installing the weighbridge, a plan of the waste facility indicating the proposed vehicle flow controls, including the entry and exit points where waste is transported into and out of the waste facility (a
vehicle flow control plan ), and(b) if any change occurs in relation to those vehicle flow controls, submit a revised vehicle flow control plan to the EPA no later than 30 days after the relevant change occurs, and
(c) keep a copy of the latest vehicle flow control plan on the premises and make the plan available for inspection and copying by an authorised officer on request, and
(d) ensure that—
(i) each vehicle that enters or leaves the waste facility for a purpose relating to the operation of the facility (whether or not the vehicle is being, is intended to be or has been used to transport or deliver waste) is weighed by the weighbridge on entering and on leaving the facility, or
(ii) during any period that the weighbridge is out of operation, an alternative method that is specified in the Waste Levy Guidelines is used to measure and record the quantity of waste and other material transported into or out of the waste facility, and
(e) take all reasonable steps to ensure that the weighbridge is maintained in proper working order, and
(f) ensure that the weighbridge is verified (within the meaning of the National Measurement Act 1960 of the Commonwealth) at least once a year, and
(g) ensure that the weighbridge has related software that records quantities of waste in any form and manner specified in the Waste Levy Guidelines, and
(h) notify the EPA of any incident that results in the weighbridge being out of operation for any period of more than 24 hours (and do so immediately on becoming aware that the incident will result in the weighbridge being out of operation for any such period), and
(i) comply with any other requirement relating to the installation or operation of the weighbridge that the EPA may specify by written notice to the occupier.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
The EPA may, by written notice to the occupier of a waste facility, defer the application of any requirement under this clause in respect of the occupier, subject to any conditions specified in the notice, until any time specified in the notice.
The conditions may (for example) include a condition that the quantity of waste that is transported into or out of the facility is measured, and recorded, using a specified method, including a method specified in the Waste Levy Guidelines.
An occupier of a scheduled waste facility who is not required to pay contributions under section 88 of the Act must ensure that the quantity of waste that is transported into or out of the facility is measured, and recorded, using a method specified in the Waste Levy Guidelines or by the EPA.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
The EPA may grant an exemption under Part 9 from any provisions of this Division.
(cf clause 16 of 2005 Reg)
The EPA may, by written notice to an occupier of a scheduled waste facility, require the occupier—
(a) to install, operate and maintain in the manner specified in the notice a video monitoring system that conforms with the specifications in the notice, and
(b) to operate the system during the times specified in the notice or at all times.
The occupier must—
(a) comply with the requirements specified in the notice within the period specified in the notice, and
(a1) ensure that no activity takes place under the environment protection licence for the facility at any time when the video monitoring system is not fully operational, and
(b) ensure that video monitoring records made under this clause are kept for at least 3 years after being made, and
(c) make those recordings available for inspection and copying by an authorised officer on request.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
(cf clause 17 of 2005 Reg)
In this Part—
(a) in relation to the transportation of waste to a waste facility in New South Wales—a consignment authorisation issued under Division 6 authorising the transportation of the waste to that facility, and
(b) in relation to the transportation of waste to a waste facility in a participating State—an authority (however expressed) issued in accordance with the laws of that participating State and authorising the transportation of the waste to that facility.
(a) in the case of waste that is transported from a waste facility—
(i) if the occupier of the facility has not appointed an authorised agent under Division 5 in relation to the waste—the occupier of the facility, or
(ii) if the occupier of the facility has appointed an authorised agent under Division 5 in relation to the waste—that authorised agent, or
(b) in any other case—any person who is the consignor of the waste.
(cf clauses 18 and 19 of 2005 Reg)
This Part applies to—
(a) the transportation of waste within New South Wales if the waste is of a type described in Part 1 of Schedule 1, and
(b) the transportation of waste from New South Wales to a participating State, into New South Wales from a participating State or through New South Wales from one participating State to another if the waste is of a type described in Part 1 or Part 2 of Schedule 1.
Division 8 provides a defence in any proceedings for an offence against this Part if the defendant establishes that, although the waste concerned was of a type described in Part 1 or 2 of Schedule 1, it did not exhibit any of the characteristics specified in Part 3 of that Schedule.
However, this Part does not apply to any of the following—
(a) the transportation of waste in an emergency to protect human health, the environment or property,
(b) the transportation of waste to a person or body for the purpose of use in analysis relating to waste categorisation or in research, but only if the transportation and use of the waste has been approved in writing by—
(i) in the case of the transportation of the waste to a place in New South Wales—the EPA, or
(ii) in the case of the transportation of the waste to a participating State—the agency, within the meaning of NEPM, of the participating State,
(c) the transportation of waste by pipeline,
(d) the transportation of any residue of a substance in a container if the container will be refilled with the same type of substance and the substance in the refilled container is intended for use,
(e) the transportation from a farm of unwanted chemicals resulting from the operation of the farm, but only if—
(i) the transportation is carried out by the owner or occupier of the farm, and
(ii) the chemicals are transported to a collection place designated by a collection scheme approved in writing by the EPA or an agency, within the meaning of NEPM, of a participating State, and
(iii) the transportation is carried out without fee or reward being given,
(f) the transportation of waste in accordance with a product recall approved by the Australian Pesticides and Veterinary Medicines Authority, Food Standards Australia New Zealand or the Therapeutic Goods Administration of the Commonwealth.
In this clause—
NEPM is also made under the National Environment
Protection Council Act 1994 of the Commonwealth and is available on depth="3" number="42">
(cf clause 20 of 2005 Reg)
The EPA may grant an exemption under Part 9 from any provisions of this Part.
(cf clause 22 of 2005 Reg)
A consignor of waste must ensure that the waste is not transported from one place to another place unless the consignor—
(a) holds a consignment authorisation authorising the transportation of the waste from the place to the other place, and
(b) has obtained a waste transport certificate for the waste and has certified that any part of the certificate that is required to be completed by the consignor has been completed accurately, and
(c) has given the waste transport certificate to the transporter of the waste, and
(d) has ensured that the transporter holds an environment protection licence (if required by or under the Act) to transport the waste, and
(e) has ensured that the waste facility to which the waste is to be transported can lawfully accept waste of the type concerned.
A consignor of waste must comply with any condition of a consignment authorisation that is held by the consignor.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
(cf clause 23 of 2005 Reg)
A consignor who is an authorised agent of the occupier of a waste facility must, within 7 days after the day on which the consignor gives to the transporter a waste transport certificate relating to the transportation of waste from the facility, give a copy of the certificate to the occupier in the same form as it was given by the consignor to the transporter.
Maximum penalty—100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
(cf clause 24 of 2005 Reg)
A transporter of waste must—
(a) before transporting the waste—
(i) certify that any part of the waste transport certificate for the waste that is required to be completed by the transporter has been completed accurately, and
(ii) ensure that there is a consignment authorisation that authorises the transportation of the waste, and
(b) ensure that the waste transport certificate for the waste is carried in any vehicle used by the transporter to transport the waste.
A transporter of waste must not remove the waste, or cause the waste to be removed, from any vehicle used to transport the waste unless—
(a) in the case of waste removed at a waste facility—
(i) the receiver at the facility has been given the waste transport certificate in respect of the waste and has consented to the waste being removed at the facility, or
(ii) there is no waste transport certificate in respect of the waste but the receiver at the facility has consented to the waste being removed at the facility and the facility can lawfully store the waste, or
(b) in any case—the waste is being directly transferred to another vehicle, the transfer is recorded on the waste transport certificate and, if the transporter using the other vehicle is another transporter, the waste transport certificate is given to the other transporter.
However, the transporter must remove the waste, or cause the waste to be removed, from the vehicle in accordance with any directions of an authorised officer.
A transporter of waste that has been rejected under Division 4 by a receiver of the waste must ensure that—
(a) the waste transport certificate for the waste, endorsed by the receiver with the information that the receiver has rejected the waste, is carried in any vehicle used by the transporter to transport the waste, and
(b) the waste is transported to the waste facility identified under clause 47(2) by the receiver.
Clause 47(3) provides that a consignment authorisation, or waste transport certificate, for waste that has been rejected by a receiver of waste is taken to authorise the transportation of the waste to a waste facility that can lawfully accept the waste.
A transporter of waste has a defence in any proceedings for an offence arising under subclause (4)(b) if the transporter establishes that the transporter—
(a) was not informed, in accordance with clause 47(2), of another waste facility to which the waste could be transported, and
(b) ensured that the waste was delivered to a waste facility that could lawfully accept the waste, and
(c) notified the EPA in writing, within 3 working days after the waste was transported from the facility at which it was rejected, of the waste facility to which the waste was delivered.
A transporter of waste must comply with any condition of a consignment authorisation for the transportation of the waste.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
(cf clause 25 of 2005 Reg)
A receiver of waste must ensure that the following particulars are recorded on the waste certificate for the waste—
(a) as soon as practicable after the waste arrives at the facility occupied by the receiver—the date on which the waste arrived,
(b) within 21 days after the waste arrives (or any longer period permitted by the EPA in writing) at the facility—
(i) whether the receiver has accepted or rejected the waste, and
(ii) the date on which the waste was accepted or rejected, and
(iii) in the case of the waste being rejected—the reason it was rejected,
(c) (in a case where the waste is accepted and is processed at the facility) within 3 working days after the waste is processed—the date on which the waste was processed and the method of processing used,
(d) (in a case where the waste is accepted and is only stored at the facility) within 3 working days after the waste is accepted—that the waste has been accepted for storage.
If waste is transported to a waste facility without a waste transport certificate, the receiver of the waste must, as soon as practicable after the waste arrives at the facility—
(a) generate a waste transport certificate for the waste, and
(b) complete any parts of the certificate (including any parts required to be completed by the consignor and transporter, except for any signature or certification required) that it is possible for the receiver to complete based on the information available to the receiver.
A receiver of waste must not accept the waste unless the receiver has—
(a) ensured that there is a consignment authorisation that authorises the transportation of the waste to the facility occupied by the receiver (a
valid consignment authorisation for the waste), andNote. Clause 47(3) provides that a consignment authorisation for waste that has been rejected by a receiver of waste is taken to authorise the transportation of the waste to a waste facility that can lawfully accept the waste.
(b) obtained any waste transport certificate for the waste required to be carried in any vehicle used by the transporter to transport the waste (completed in accordance with this Part), and
(c) certified that any part of the certificate that is required to be completed by the receiver has been completed accurately.
However, if the receiver holds an environment protection licence authorising the storage of the waste at the facility, the receiver may accept the waste even though—
(a) there is no valid consignment authorisation for the waste, or
(b) the waste was transported to the facility without a waste transport certificate for the waste, or
(c) the waste was transported to the facility with an inaccurate or incomplete waste transport certificate for the waste.
A receiver of waste must notify the EPA in writing—
(a) within 3 working days after the waste arrives at the waste facility occupied by the receiver without a valid consignment authorisation or without a waste transport certificate—that it was transported to the facility without the authorisation or certificate (as the case may be), and
(b) within 3 working days after accepting or rejecting waste transported to the facility with a waste transport certificate that the receiver considers to be inaccurate or incomplete—
(i) that it was transported to the facility with an inaccurate or incomplete certificate, and
(ii) of the ways in which the receiver considers the certificate to be inaccurate or incomplete, and
(iii) to the extent possible for the receiver (based on information available to the receiver)—of the corrected or missing particulars, and
(c) within 3 working days after rejecting waste transported to the facility—that the waste has been rejected and of the date on which it was rejected.
A receiver of waste must, within 14 days after accepting or rejecting the waste, notify the consignor in writing as to whether the receiver has accepted or rejected the waste.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
(cf clause 26 of 2005 Reg)
If a receiver of waste accepts the waste, any subsequent transportation of the waste from the waste facility occupied by the receiver is to be treated as a new consignment of the waste for the purposes of this Part and, accordingly, requires a new consignment authorisation and waste transport certificate.
If a receiver of waste rejects the waste, the receiver must inform the transporter of the waste of a waste facility—
(a) to which the waste can be transported, and
(b) that can lawfully accept the waste.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
For the purposes of this Part, a consignment authorisation, or waste transport certificate, for waste that has been rejected by a receiver of waste is taken to authorise the transportation of the waste from the facility occupied by the receiver to a waste facility that can lawfully accept the waste.
(cf clause 27 of 2005 Reg)
An occupier of a waste facility may appoint a person as an authorised agent in relation to the transportation of waste from the facility.
The appointment of a person as an authorised agent of the occupier of a waste facility has no effect for the purposes of this Part unless—
(a) the person is the holder of an approval under this Division (an
approval ) that is in force, and(b) the appointment is evidenced by an agreement (an
agency agreement ) in writing between the person and the occupier that clearly specifies that the person is appointed as an authorised agent of the occupier for the purposes of this Part and is appointed to carry out the obligations of a consignor of waste under this Part.
The EPA may require (generally or in a particular case or class of cases) an agency agreement to be in the approved form.
A person must not act as an authorised agent for the purposes of this Part unless—
(a) the person is the holder of an approval that is in force, and
(b) the person has been appointed by the occupier of the waste facility as the occupier’s authorised agent in accordance with this clause, and
(c) the appointment is evidenced by an agency agreement in accordance with subclause (2)(b).
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
A person appointed, in accordance with this clause, by the occupier of a waste facility to be an authorised agent of the occupier must, within 7 days after the person’s approval has been revoked, notify the occupier in writing that the approval has been revoked.
Maximum penalty—100 penalty units in the case of a corporation, 50 penalty units in the case of an individual.
(cf clause 28 of 2005 Reg)
The EPA may grant an approval to a transporter or a receiver of waste authorising the appointment of the transporter or receiver as an authorised agent.
An approval is to be in writing and may be issued subject to conditions.
The EPA may revoke an approval for any reason.
A revocation of an approval is effected by notice in writing given to the relevant transporter or receiver of waste.
The holder of an approval must comply with any condition of the approval.
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
For the purposes of this Part, if an approval of a person to be appointed as an authorised agent is revoked after waste has been transported from a waste facility and (immediately before the revocation) the person was the authorised agent of the occupier of the facility, in relation to the transportation of the waste, the approval is taken to continue in force, in relation to the transportation of the waste.
The occupier of a prescribed premises is exempt from the requirement to hold a licence authorising the scheduled activity of waste disposal by application to land under section 48 of the Act in relation to the burying of waste in the land on which the premises is situated if—
(a) the waste wholly or predominantly consists of mixed waste organic outputs, and
(b) the waste was received at the premises before 26 October 2018, and
(c) the total amount of waste buried does not exceed the maximum amount for the premises specified in relation to the premises in Column 3 of the Table to this clause, and
(d) the waste is managed and buried in accordance with this clause.
As soon as practicable after the commencement of this clause and until the waste is buried, the occupier must take all reasonable steps to manage the waste in a way that prevents adverse impacts to the environment including, for example, adverse impacts caused by—
(a) the erosion of the waste by wind or water, or
(b) the waste catching fire, or
(c) the escape of leachate from the waste.
The waste must be buried as follows—
(a) as soon as practicable and no later than 18 months after the commencement of this clause,
(b) within the approved final landform for the land,
(c) above the final water table for the land and covered by at least 5 metres of material to prevent the exposure of the waste,
(d) if it is not reasonably practicable to bury the waste in accordance with paragraph (c)—below the final water table for the land and in a way designed to prevent the exposure of the waste,
(e) in a way that prevents, as far as reasonably practicable—
(i) the spontaneous combustion of the waste including, for example, by not placing the waste near, or burying the waste with, materials or substances that are liable to spontaneous combustion, and
(ii) the exposure of the waste to acid forming materials or substances, or potentially acid forming materials or substances, and
(iii) the escape of leachate from the waste.
The occupier must, within 28 days after burying the waste, give the EPA and the NSW Resources Regulator the following details in the approved form—
(a) the date on which the waste was buried,
(b) the location of where the waste was buried,
(c) the amount of waste that was buried,
(d) particulars of the way in which the waste was buried.
In this clause—
(a) required to be prepared under a mining lease over the land, and
(b) approved in accordance with the lease.
Table
Prescribed premises | Licence number | Maximum amount (tonnes) |
Four Mile Creek Road, Ashtonfield NSW 2323 | 396 | 191 |
Jerrys Plains Road, Warkworth NSW 2330 | 529 | 2,108 |
Lemington Road, Singleton NSW 2330 | 640 | 6,247 |
Coal Road, Muswellbrook NSW 2333 | 656 | 8,877 |
Castlereagh Highway, Cullen Bullen NSW 2790 | 765 | 150 |
Thomas Mitchell Drive, Muswellbrook NSW 2333 | 1323 | 2,718 |
Putty Road, Mount Thorley NSW 2330 | 1376 | 2,175 |
Mount Thorley Road, Mount Thorley NSW 2330 | 1976 | 2,490 |
Old New England Highway, Ravensworth NSW 2330 | 2094 | 1,000 |
Lemington Road, Ravensworth NSW 2330 | 2652 | 2,091 |
Rix’s Creek Lane, Singleton NSW 2330 | 3391 | 200 |
Hebden Road, Ravensworth NSW 2330 | 4460 | 5,500 |
Hebden Road, Ravensworth NSW 2330 | 12840 | 900 |
For the Act, section 319(3)(d), the following information is prescribed—
(a) information recorded under the Act, Part 5A.3,
(b) information relating to information referred to in paragraph (a).
Example for paragraph (b)— the name of the operator of a large supermarket or the location of a large supermarket, whether by reference to a region or otherwise
(cf clause 53 of 2005 Reg)
The Protection of the
Environment Operations (Waste) Regulation 2005 (
Any act, matter or thing that, immediately before the repeal of the 2005 Regulation, had effect under that Regulation continues to have effect under this Regulation.
The EPA cannot grant the occupier of a scheduled waste facility an approval under clause 15, in relation to the use of waste for an operational purpose specified in any of the following items of the table to clause 15(1), if the waste was received at the facility before the commencement of this Regulation—
(a) item 2,
(b) item 6 (unless the operational purpose is a landfill gas collection system),
(c) item 7 (unless the waste consists of plastic sheeting),
(d) item 8 (unless the waste consists of virgin excavated material and the operational purpose is the placement of that material below the water table, in accordance with the conditions of an environment protection licence, to rehabilitate a sand mine).
An exemption granted under the 2005 Regulation that, immediately before the repeal of that Regulation, was in force—
(a) continues to have effect as if it were an exemption granted under Part 9 until it is revoked under that Part, and
(b) in the case of an exemption that was authorised to be granted by clause 51A of that Regulation—continues to have effect as if it were a resource recovery exemption until it is revoked under Part 9.
Nothing in subclause (4) limits the operation of subclause (2).
(Clauses 3(1), 41(1), 61(1) and 65(2)(b))
Description |
Acidic solutions or acids in solid form |
Antimony; antimony compounds |
Arsenic; arsenic compounds |
Barium compounds, excluding barium sulphate |
Basic solutions or bases in solid form |
Beryllium; beryllium compounds |
Boron compounds |
Cadmium; cadmium compounds |
Ceramic-based fibres with physico-chemical characteristics similar to those of asbestos |
Chlorates |
Chromium compounds (hexavalent and trivalent) |
Clinical and related wastes |
Cobalt compounds |
Containers and drums that are contaminated with residues of substances that are referred to in this Part |
Copper compounds |
Cyanides (inorganic) |
Cyanides (organic)/nitriles |
Encapsulated, chemically-fixed, solidified or polymerised wastes that are referred to in this Part |
Ethers |
Filter cake contaminated with residues of substances that are referred to in this Part |
Fire debris and fire washwaters |
Fly ash, excluding fly ash generated from Australian coal fired power stations |
Halogenated organic solvents |
Highly odorous organic chemicals (including mercaptans and acrylates) |
Inorganic fluorine compounds, excluding calcium fluoride |
Inorganic sulfides |
Isocyanate compounds |
Lead; lead compounds |
Mercury; mercury compounds |
Metal carbonyls |
Nickel compounds |
Non toxic salts |
Organic phosphorous compounds |
Organic solvents, excluding halogenated solvents |
Organohalogen compounds, excluding substances referred to in this Part or Part 2 |
Oxidising agents |
Perchlorates |
Phenols; phenol compounds, including chlorophenols |
Phosphorus compounds, excluding mineral phosphates |
Polychlorinated dibenzo-furan (any congener) |
Polychlorinated dibenzo-p-dioxin (any congener) |
Reactive chemicals |
Reducing agents |
Residues from industrial waste treatment/disposal operations |
Selenium; selenium compounds |
Soils contaminated with a substance or waste that is referred to in this Part |
Surface active agents (surfactants), containing principally organic constituents and that may contain metals and inorganic materials |
Tellurium; tellurium compounds |
Thallium; thallium compounds |
Triethylamine catalysts for setting foundry sands |
Vanadium compounds |
Waste chemical substances arising from research and development or teaching activities (including those that are not identified and/or are new and whose effects on human health and/or the environment are not known) |
Waste containing peroxides other than hydrogen peroxide |
Waste from heat treatment and tempering operations containing cyanides |
Waste from manufacture, formulation and use of wood-preserving chemicals |
Waste from the production, formulation and use of biocides and phytopharmaceuticals |
Waste from the production, formulation and use of inks, dyes, pigments, paints, lacquers and varnish |
Waste from the production, formulation and use of organic solvents |
Waste from the production, formulation and use of photographic chemicals and processing materials |
Waste from the production, formulation and use of resins, latex, plasticisers, glues and adhesives |
Waste from the production and preparation of pharmaceutical products |
Waste mineral oils unfit for their original intended use |
Waste oil/water, hydrocarbons/water mixtures or emulsions |
Waste pharmaceuticals, drugs and medicines |
Waste resulting from surface treatment of metals and plastics |
Waste tarry residues arising from refining, distillation and any pyrolytic treatment |
Waste substances and articles containing or contaminated with polychlorinated biphenyls, polychlorinated naphthalenes, polychlorinated terphenyls and/or polybrominated biphenyls |
Waste of an explosive nature not subject to other legislation |
Zinc compounds |
Animal effluent and residues (abattoir effluent, poultry and fish processing wastes)
Asbestos
Containers and drums that are contaminated with residues of waste referred to in this Part
Encapsulated, chemically-fixed, solidified or polymerised wastes that are referred to in this Part
Filter cake contaminated with residues of substances that are referred to in this Part
Grease trap waste
Soils contaminated with a substance or waste referred to in this Part
Tannery wastes including leather dust, ash, sludges and flours
Tyres
Wool scouring wastes
Dangerous Goods Class (UN Class) | UN Code | |
1 | H1 | An explosive substance or waste is a solid or liquid substance or waste (or mixture of substances or wastes) which is in itself capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings. |
3 | H3 | The word “flammable” has the same meaning as “inflammable”. Flammable liquids are liquids, or mixtures of liquids, or liquids containing solids in solution or suspension (for example, paints, varnishes, lacquers, etc but not including substances or wastes) which give off flammable vapour at temperatures of not more than 60.5 degrees Celsius, closed-cup test, of not more than 65.6 degrees Celsius, open-cup test. |
4.1 | H4.1 | Solids or waste solids which under conditions encountered in transport are readily combustible, or may cause or contribute to fire through friction. |
4.2 | H4.2 | Substances or wastes which are liable to spontaneous heating under normal conditions encountered in transport, or to heating up in contact with air, and being liable to catch fire. |
4.3 | H4.3 | Substances or wastes which, by interaction with water, are liable to become spontaneously flammable or to give off flammable gases in dangerous quantities. |
5.1 | H5.1 | Substances or wastes which, while in themselves not necessarily combustible, may, generally by yielding oxygen, cause or contribute to the combustion of other materials. |
5.2 | H5.2 | Organic substances or wastes which contain the bivalent-O-O structure are thermally unstable substances which may undergo exothermic self-accelerating decomposition. |
6.1 | H6.1 | Substances or wastes liable either to cause death or serious injury or to harm human health if swallowed or inhaled or by skin contact. |
6.2 | H6.2 | Substances or wastes containing viable micro-organisms or their toxins which are known or suspected to cause disease in animals or humans. |
8 | H8 | Substances or wastes which, by chemical action, will cause severe damage when in contact with living tissue, or in the case of leakage, will materially damage, or even destroy, other goods or the means of transport; they may also cause other hazards. |
9 | H10 | Substances or waste which, by liberation with air or water, are liable to give off toxic gases in dangerous quantities. |
9 | H11 | Substances or wastes which, if they are inhaled or ingested or if they penetrate the skin, may involve delayed or chronic effects, including carcinogenicity. |
9 | H12 | Substances or wastes which if released present or may present immediate or delayed adverse impacts to the environment by means of bioaccumulation and/or toxic effects upon biotic systems. |
9 | H13 | Capable by any means, after disposal, of yielding another material, eg leachate, which possesses any of the characteristics listed above. |
Potential to have a significant adverse impact on ambient air quality. Potential to have significant adverse impact on ambient marine, estuarine or fresh water quality. |
UN Class and Code relates to the hazard classification system included in the United Nations Recommendations on the Transport of Dangerous Goods as used in Australia.
In this Part—
(a) immediately before 1 August 2015—
(i) was not required to pay contributions under section 88 of the Act because the EPA had determined that the facility was used solely for the purposes of re-using, recovering, recycling or processing waste other than liquid waste, or
(ii) was exempt under clause 20(2)(a) of this Regulation (as in force immediately before that day) from the requirement to pay a contribution under section 88 of the Act in respect of waste received at the facility, and
(b) is required to pay a contribution to the EPA under section 88 of the Act in respect of waste received on or after that day because of the amendment to—
(i) section 88 of the Act by the Protection of the Environment Operations Amendment (Illegal Waste Disposal) Act 2013, or
(ii) clause 20 of this Regulation by the Protection of the Environment Operations (Waste) Amendment (Contributions) Regulation 2014.
For the avoidance of doubt, an occupier of a scheduled waste facility who is a new contributor cannot make a deduction under Division 4 of Part 2 of this Regulation in respect of waste received at the facility before 1 August 2015.
Clause 36 of this Regulation does not apply in relation to the occupier of a scheduled waste facility who is a new contributor.
This clause ceases to have effect on 31 January 2016.
An occupier of a waste facility who is a new contributor must, by no later than 31 August 2015, provide the EPA with the following information—
(a) an estimate of the amount of waste at the facility immediately before 1 August 2015 (calculated using an approved method),
(b) the waste type of that waste (determined in accordance with the Waste Levy Guidelines).
The information must be provided to the EPA in the approved form and manner.
An occupier of a waste facility who is a new contributor must—
(a) cause a topographical survey of the facility to be carried out by a qualified surveyor (using an approved method) during August 2015, and
(b) provide the results to the EPA, in the approved form and manner, by no later than 30 September 2015.
In this clause—
Maximum penalty—200 penalty units in the case of a corporation, 100 penalty units in the case of an individual.
In calculating a 12-month period for the purposes of clause 90B, all or part of the period commencing 12 months before the commencement of that clause may be included.
The repeal of clause 21A on 1 September 2026 (the
Clause 10B(1A) extends to waste at, or waste received at, a scheduled waste facility before the commencement of the subclause.
The amendments made to clause 15 by the Protection of the Environment Operations (Waste) Amendment (Waste Contributions) Regulation 2023 do not apply in relation to waste received at a waste facility before 1 June 2023.
The EPA may, under clause 22(3A), require an audit of, and a report on, information provided, or required to be provided, under clause 22 before the commencement of the subclause.
The amendments made to clause 25A by the Protection of the Environment Operations (Waste) Amendment (Waste Contributions) Regulation 2023 extend to waste at, or waste received at, a scheduled waste facility before the commencement of the amendments.
The amendment made to clause 7 by the Protection of the Environment Operations (Waste) Amendment (Waste Facility Contributions) Regulation 2024 does not affect the calculation of a contribution that becomes payable after the commencement of the amendment for waste received at a scheduled waste facility before the commencement of the amendment.
An occupier of a scheduled waste facility in the Kyogle local government area must comply with clause 36, whether or not the occupier is required to pay contributions for waste received at the facility.
This part is repealed on 1 July 2027 at the beginning of the day.
(Repealed)
Protection of the Environment Operations (Waste) Regulation 2014 (666). LW 17.10.2014. Date of commencement, Part 5 and cll 76 and 79 excepted, 1.11.2014, cl 2 (1); date of commencement of Part 5, 1.3.2015, cl 2 (2); date of commencement of cll 76 and 79, 1.7.2015, cl 2 (3). This Regulation has been amended as follows—
(667) | Protection of the Environment Operations (Waste) Amendment (Contributions) Regulation 2014. LW 17.10.2014. Date of commencement, 1.8.2015, cl 2. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 6, 8.7.2015, sec 2 (1). | |
No 24 | Biosecurity Act 2015. Assented to 22.9.2015. Date of commencement of Sch 8.34, 1.7.2017, sec 2 and 2017 (227) LW 2.6.2017. | |
(341) | Protection of the Environment Operations (Waste) Amendment (Calculation of Contributions) Regulation 2016. LW 24.6.2016. Date of commencement, on publication on LW, cl 2. | |
(118) | Protection of the Environment Operations (Waste) Amendment Regulation 2017. LW 31.3.2017. Date of commencement of Sch 3 [1]–[3] [7] and [8], 1.4.2017, sec 2 (2); date of commencement of Sch 3 [4]–[6] and [9]–[16], on publication on LW, cl 2 (1). |
(332) | Protection of the Environment Operations (Waste) Amendment (Calculation of Contributions) Regulation 2018. LW 29.6.2018. Date of commencement, on publication on LW, cl 2. | |
(618) | Protection of the Environment Operations (Waste) Amendment (Waste Contributions Exemption) Regulation 2018. LW 2.11.2018. Date of commencement, on publication on LW, cl 2. | |
(643) | Protection of the Environment Operations Legislation Amendment (Waste) Regulation 2018. LW 16.11.2018. Date of commencement of Sch 2, except Sch 2 [8] and [27], on publication on LW, cl 2 (1); date of commencement of Sch 2 [8] and [27], 6 months after publication on LW, cl 2 (2). | |
No 80 | Protection of the Environment Operations Amendment (Asbestos Waste) Act 2018. Assented to 28.11.2018. Date of commencement of Sch 2.2, 25.1.2019, sec 2 (1) and 2019 (18) LW 25.1.2019. | |
(465) | Protection of the Environment Operations (Waste) Amendment Regulation 2019. LW 20.9.2019. Date of commencement, on publication on LW, cl 2 (1). | |
(526) | Protection of the Environment Operations (Waste) Amendment (Waste Contributions Exemption) Regulation 2019. LW 1.11.2019. Date of commencement, on publication on LW, cl 2. | |
(129) | Protection of the Environment Operations (Waste) Amendment (Waste Contributions Exemption) Regulation 2020. LW 3.4.2020. Date of commencement, 1.5.2020, cl 2. | |
(645) | Protection of the Environment Operations (Waste) Amendment Regulation 2020. LW 30.10.2020. Date of commencement, on publication on LW, cl 2. | |
(226) | Protection of the Environment Operations (Waste) Amendment Regulation 2022. LW 20.5.2022. Date of commencement, on publication on LW, sec 2. | |
(107) | Protection of the Environment Operations (Waste) Amendment (Waste Contributions) Regulation 2023. LW 2.3.2023. Date of commencement of Sch 1[1] [2] and [9]–[14], on publication on LW, sec 2(b); date of commencement of Sch 1[3]–[8], 1.6.2023, sec 2(a). | |
(584) | Protection of the Environment Operations (Waste) Amendment (Mixed Waste Organic Outputs) Regulation 2023. LW 27.10.2023. Date of commencement, on publication on LW, sec 2. | |
(38) | Protection of the Environment Operations (Waste) Amendment (Waste Facility Contributions) Regulation 2024. LW 23.2.2024. Date of commencement, 1.3.2024, sec 2. | |
No 20 | Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024. Assented to 3.4.2024. Date of commencement of Sch 11, assent, sec 2(c). | |
(260) | Protection of the Environment Operations (Waste) Amendment (Waste Facility Contributions) Regulation 2024 (No 2). LW 28.6.2024. Date of commencement, on publication on LW, sec 2. | |
No 1 | Protection of the Environment Legislation Amendment (FOGO Recycling) Act 2025. Assented to 2.3.2025. Date of commencement, assent, sec 2. | |
(435) | Protection of the Environment Operations (Waste) Amendment (Waste Facility Contributions) Regulation 2025. LW 22.8.2025. Date of commencement, on publication on LW, sec 2. |
Cl 3 | Am 2014 (667), Sch 1 [1]; 2018 (643), Sch 2 [1]; 2023 (107), Sch 1[1]. |
Part 2, note | Ins 2018 (643), Sch 2 [2]. |
Cl 7 | Am 2018 (643), Sch 2 [3] [4]; 2024 (38), Sch 1[1]. |
Cl 8 | Am 2018 (618), Sch 1 [1]. |
Cl 10 | Am 2014 (667), Sch 1 [2]. |
Cl 10A | Ins 2014 (667), Sch 1 [3]. Subst 2017 (118), Sch 3 [1]. |
Cl 10B | Ins 2014 (667), Sch 1 [3]. Am 2017 (118), Sch 3 [2] [3]. Subst 2018 (643), Sch 2 [5]. Am 2023 (107), Sch 1[2]; 2024 No 20, Sch 11[1]. |
Cl 11 | Am 2018 (643), Sch 2 [6]. |
Cl 12 | Am 2016 (341), cl 3; 2018 (332), cl 3; 2018 (643), Sch 2 [7]–[9]; 2019 (465), Sch 1.1 [1] [2]; 2024 (260), Sch 1[1]; 2025 (435), Sch 1[1]. |
Cl 15 | Am 2017 (118), Sch 3 [4]; 2018 (643), Sch 2 [10] [11]; 2023 (107), Sch 1[3]–[8]. |
Cl 16 | Subst 2018 (643), Sch 2 [12]. Am 2023 (107), Sch 1[9]. |
Cl 18 | Am 2014 (667), Sch 1 [4]; 2018 (643), Sch 2 [13]. |
Cl 19 | Rep 2018 (643), Sch 2 [14]. |
Cl 20 | Am 2014 (667), Sch 1 [5] [6]; 2023 (107), Sch 1[10]. |
Cl 21 | Am 2014 (667), Sch 1 [7]; 2017 (118), Sch 3 [5] [6]; 2020 (645), Sch 1[1]. |
Cl 21A | Ins 2018 (618), Sch 1 [2]. Am 2019 (526), cl 3; 2020 (129), cl 3(1) (2); 2022 (226), Sch 1[1]–[4]; 2023 (584), Sch 1; 2024 (260), Sch 1[2]; 2025 (435), Sch 1[2]. |
Cl 22 | Am 2014 (667), Sch 1 [8], 2017 (118), Sch 3 [7] [8]; 2023 (107), Sch 1[11]; 2024 (38), Sch 1[2]. |
Cl 23 | Am 2014 (667), Sch 1 [9] [10]; 2018 (643), Sch 2 [15]. |
Cl 24A | Ins 2014 (667), Sch 1 [11]. |
Cl 25 | Am 2018 (643), Sch 2 [16]. |
Cl 25A | Ins 2018 (643), Sch 2 [17]. Am 2023 (107), Sch 1[12] [13]. |
Cl 25B | Ins 2018 (643), Sch 2 [17]. |
Cl 27 | Am 2020 (645), Sch 1[2] [3]. |
Cl 28 | Am 2020 (645), Sch 1[4] [5]. |
Cl 36 | Am 2018 (643), Sch 2 [18]. |
Cl 37 | Am 2017 (118), Sch 3 [9]. |
Cl 39 | Am 2018 (643), Sch 2 [19]–[21]. |
Cl 49 | Am 2017 (118), Sch 3 [10]. |
Cl 50 | Am 2017 (118), Sch 3 [11]. |
Cl 51 | Am 2017 (118), Sch 3 [12]. |
Cl 64 | Am 2018 (643), Sch 2 [22]. |
Cl 70 | Subst 2017 (118), Sch 3 [13]. |
Cl 78 | Subst 2018 (643), Sch 2 [23]. |
Cl 80 | Am 2018 (643), Sch 2 [24]–[26]; 2018 No 80, Sch 2.2 [1] [2]. |
Cl 81 | Rep 2018 No 80, Sch 2.2 [3]. |
Part 8A | Ins 2018 (643), Sch 2 [27]. |
Cl 90A | Ins 2018 (643), Sch 2 [27]. |
Cl 90B | Ins 2018 (643), Sch 2 [27]. Am 2024 (38), Sch 1[3]. |
Cl 90C | Ins 2018 (643), Sch 2 [27]. |
Cl 90D | Ins 2018 (643), Sch 2 [27]. |
Cl 91 | Am 2025 No 1, Sch 3[1]. |
Cl 92 | Am 2018 (643), Sch 2 [28]; 2024 No 20, Sch 11[2]. |
Cl 93 | Am 2018 (643), Sch 2 [29]; 2024 No 20, Sch 11[3]–[7]. |
Cl 94 | Am 2024 No 20, Sch 11[8] [9]. |
Cl 95 | Am 2024 No 20, Sch 11[10]–[13]. |
Cl 96 | Rep 2024 No 20, Sch 11[14]. |
Cl 109 | Am 2014 (667), Sch 1 [12] [13]; 2018 (643), Sch 2 [30]; 2024 (38), Sch 1[4]–[6]. |
Cl 110A | Ins 2018 (643), Sch 2 [31]. |
Cl 111 | Am 2017 (118), Sch 3 [14]–[16]. |
Cl 114 | Am 2015 No 24, Sch 8.34. |
Cl 114A | Ins 2020 (645), Sch 1[6]. |
Cl 114B | Ins 2025 No 1, Sch 3[2]. |
Sch 1A | Ins 2014 (667), Sch 1 [14]. Am 2018 (643), Sch 2 [32]; 2022 (226), Sch 1[5]; 2023 (107), Sch 1[14]; 2023 (584), Sch 1; 2024 (38), Sch 1[7]; 2024 (260), Sch 1[3]; 2025 (435), Sch 1[3]. |
Schs 2, 3 | Rep 2015 No 15, Sch 6. |
0
0
0