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Environment Protection (Industrial Waste Resource) Amendment Regulations 2016
S.R. No. 136/2016
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Definitions
6New definition inserted into Part 5
7Matters to be declared in notification
8Conditions for secondary beneficial reuse
9Schedule 3 substituted
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Endnotes
STATUTORY RULES 2016
S.R. No. 136/2016
Environment Protection Act 1970
Environment Protection (Industrial Waste Resource) Amendment Regulations 2016
The Governor in Council makes the following Regulations:
Dated: 22 November 2016
Responsible Minister:
LILY D'AMBROSIO
Minister for Energy, Environment and Climate ChangeANDREW ROBINSON
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Environment Protection (Industrial Waste Resource) Regulations 2009 to make technical amendments to improve the operation of the Regulations.
2Authorising provision
These Regulations are made under section 71 of the Environment Protection Act 1970.
3Commencement
These Regulations come into operation on 7 December 2016.
4Principal Regulations
In these Regulations, the Environment Protection (Industrial Waste Resource) Regulations 2009[1] are called the Principal Regulations.
5Definitions
(1)In regulation 5(1) of the Principal Regulations insert the following definitions—
"beneficial reuse means use as a substitute for an input or raw material in a commercial, industrial, trade or laboratory activity where the substitute—
(a)has one or more similar hazard properties to the input or raw material; and
(b)would not require any environmental risk management controls other than the controls required for the input or raw material;
hazard category means the type of prescribed industrial waste referred to in Schedule 2, being category A waste, category B waste or category C waste;".
(2)In regulation 5(1) of the Principal Regulations, for the definition of direct beneficial reuse substitute—
"direct beneficial reuse means a beneficial reuse without prior treatment or reprocessing of the input or raw material substitute;".
(3)In regulation 5(1) of the Principal Regulations, in the definition of prescribed fee, for "Environment Protection (Fees) Regulations 2001" substitute "Environment Protection (Fees) Regulations 2012".
(4)In regulation 5(1) of the Principal Regulations, for the definition of secondary beneficial reuse substitute—
"secondary beneficial reuse means a beneficial reuse following any form of treatment or reprocessing of the input or raw material substitute;".
(5)In regulation 5(1) of the Principal Regulations, for the definition of trade waste substitute—
"trade waste has the same meaning as in regulation 5 of the Water (Trade Waste) Regulations 2014;".
6New definition inserted into Part 5
Before regulation 38 of the Principal Regulations insert—
"38AA Definition
In this Part—
substitute means substitute for the input or raw material.".
7Matters to be declared in notification
(1)Before regulation 40(1)(a) of the Principal Regulations insert—
"(aa)a description of the secondary beneficial reuse, including evidence that the substitute—
(i)has one or more similar hazard properties to the input or raw material; and
(ii)would not require any environmental risk management controls other than the controls required for the input or raw material;".
(2)In regulation 40(1)(a) of the Principal Regulations—
(a) for "material for which the notification is sought" substitute "substitute";
(b)in subparagraph (i), after "physical form" insert "before and after the treatment or reprocessing";
(c)in subparagraph (iii), for "permissible contaminants" substitute "contaminants before and after the treatment or reprocessing".
(3)For regulation 40(1)(b) and (c) of the Principal Regulations substitute—
"(b)a description of the industry and the name and address of the prescribed industrial waste producer and premises from which the substitute originates;
(ba)the name and address of each premises at which treatment or reprocessing of the substitute is proposed and a description of the treatment or reprocessing;
(bb)the name and address of each premises at which the commercial, industrial, trade or laboratory activity is proposed, and a description of the activity;
(c)any recognised specifications or standards for the substitute relating to—
(i)the treatment or reprocessing; and
(ii)its use as a substitute in a commercial, industrial, trade or laboratory activity;".
(4)In regulation 40(1)(d) of the Principal Regulations, after "the environment" insert "resulting from the proposed beneficial reuse".
(5)In regulation 40(1)(e) of the Principal Regulations, for "material" substitute "substitute".
(6)In regulation 40(1)(f) of the Principal Regulations, for "for reuse or recycling of the waste" substitute "for use of the substitute".
(7)In regulation 40(1)(j) of the Principal Regulations, for "reuse or recycling of matter" substitute "beneficial reuse of a substitute".
(8)In regulation 40(1)(k) of the Principal Regulations, for "reuse or recycling of matter" substitute "beneficial reuse of a substitute".
8Conditions for secondary beneficial reuse
(1)In regulation 43(2)(a) of the Principal Regulations—
(a)for "material" substitute "substitute";
(b)in subparagraph (i), after "physical form" insert "before and after the treatment or reprocessing";
(c)in subparagraph (iii), for "permissible contaminants" substitute "contaminants before and after the treatment or reprocessing".
(2)In regulation 43(2)(c) of the Principal Regulations, for "material" substitute "substitute for treatment or reprocessing and for beneficial use".
(3)In regulation 43(2)(d) of the Principal Regulations, for ", waste receiver, reuser, or recycler of the material" substitute "or any person permitted to receive the substitute for treatment or reprocessing or for beneficial reuse".
(4)For regulation 43(2)(e) of the Principal Regulations substitute—
"(e)any measures that are required of the prescribed industrial waste producer, transporter, or any person permitted to receive the substitute for treatment or reprocessing or for beneficial reuse to ensure that the management of the substitute is not likely to result in an unacceptable risk of harm to human beings or the environment;".
9Schedule 3 substituted
For Schedule 3 to the Principal Regulations substitute—
"Schedule 3—Transport information
Regulation 33
Part A:To be supplied by the prescribed industrial waste producer
Consignment authorisation number (if applicable)
Description of the waste
Waste form
Waste code
UN Number
UN Class
Packing Group
Hazard category
Contaminant(s) (if applicable)
Waste origin
Amount of waste
Type of package (e.g. bulk) and number of packages (if applicable)
Name of prescribed industrial waste producer
Address of site of waste source
Name of emergency contact
Emergency contact phone number
Date of dispatch
Proposed disposal/treatment/storage site
State/Territory of the receiving site
Intended treatment option
Part B:To be supplied by the waste transporter
Name of transporter
Address of transporter
Vehicle registration number(s)
Transport permit number(s)
Date of transport
Part C:To be supplied by the waste receiver
Receiving facility name and address
Receiving facility licence number
Date of receipt at facility
Amount of waste
Type of treatment
Discrepancies in information provided in Part A or Part B (if applicable)
Name and address of any other waste receiver to which the waste receiver intends that the waste be transported
Part D:Definitions
In this Schedule—
consignment authorisation number means the unique identifier for an approval for the transport of a consignment of waste granted by the State or Territory in which the premises to which the waste is intended to be transported is located;
Packing Group has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008;
transport permit number means the unique identifier for a permit issued under section 53F of the Act;
type of treatment means the type of treatment, disposal, storage, resource recovery, recycling, reclamation, direct reuse or alternative use intended to occur to the prescribed industrial waste at the receiving premises;
UN Class has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008;
UN Number has the same meaning as in regulation 5 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008;
waste code means the most applicable 4 character code identifier for prescribed industrial waste specified in column 4 of the Table in Part E;
waste form means the physical nature of the prescribed industrial waste, being a liquid, solid, sludge or a mixture or assortment of wastes;
waste origin means the industry from which the prescribed industrial waste originates.
Part E:Waste codes
| Column 1 | Column 2 | Column 3 | Column 4 |
| Item | Section |
| Waste code |
| 1 | Cyanides | Cyanide-containing wastes | A100 |
| 2 | Acids | Acids in a solid form or acidic solutions with pH value of 4 or less | B100 |
| 3 | Alkaline Wastes | Alkaline solids or alkaline solutions with pH value of 9 or more including caustic soda, alkaline cleaners and waste lime | C100 |
| 4 | Inorganic chemicals | Metal carbonyls | D100 |
Inorganic fluorine compounds, excluding calcium fluoride | D110 | ||
| Mercury and mercury compounds | D120 | ||
| Equipment and articles containing mercury | D121 | ||
| Arsenic and arsenic compounds | D130 | ||
| Chromium compounds (hexavalent and trivalent) | D140 | ||
| Tannery wastes containing chromium | D141 | ||
| Cadmium and cadmium compounds | D150 | ||
| Beryllium and beryllium compounds | D160 | ||
| Antimony and antimony compounds | D170 | ||
| Thallium and thallium compounds | D180 | ||
| Copper compounds | D190 | ||
| Cobalt and cobalt compounds | D200 | ||
Nickel compounds | D210 | ||
| Lead and lead compounds | D220 | ||
| Zinc compounds | D230 | ||
| Selenium and selenium compounds | D240 | ||
| Waste containing silver from the production, formulation and use of photographic chemicals and processing materials | D261 | ||
| Barium compounds | D290 | ||
| Non-toxic salts including sodium chloride and calcium chloride | D300 | ||
| Boron compounds | D310 | ||
| Inorganic sulphur containing compounds | D330 | ||
| Phosphorus compounds, excluding mineral phosphates | D360 | ||
| Inorganic chemicals not otherwise specified in this item | D390 | ||
| Smelter waste containing prescribed industrial waste | D400 | ||
| 5 | Reactive chemicals | Oxidising agents (including peroxides) not otherwise specified in this item | E100 |
| Waste of an explosive nature not subject to other Victorian legislation, including azides | E120 | ||
| Highly reactive chemicals not otherwise specified in this item | E130 | ||
| 6 | Paints, lacquers, varnish, inks, dyes, pigments, resins and adhesives | Aqueous-based wastes from the production, formulation and use of paints, lacquers, varnish, inks, dyes and pigments | F100 |
| Aqueous-based wastes from the production, formulation and use of resins, latex, plasticisers, glues and adhesives | F110 | ||
| Solvent-based wastes from the production, formulation and use of paints, lacquers, varnish, inks, dyes and pigments | F120 | ||
| Solvent-based wastes from the production, formulation and use of resins, latex, plasticisers, glues and adhesives | F130 | ||
| 7 | Organic solvents and solvent residues | Ethers and highly flammable hydrocarbons, including petrol and jet fuel | G100 |
| Non-halogenated organic solvents | G110 | ||
| Dry-cleaning wastes containing organic solvents, including perchloroethylene | G130 | ||
| Halogenated organic solvents | G150 | ||
| Wastes from the production, formulation and use of organic solvents, not otherwise specified in this item | G160 | ||
| 8 | Pesticides including herbicides and insecticides | Waste from the production, formulation and use of biocides and phytopharmaceuticals, not otherwise specified in this item | H100 |
| Organophosphorus pesticides | H110 | ||
| Mixed pesticide residue | H160 | ||
| Copper-chrome-arsenic | H170 | ||
| 9 | Oils, hydrocarbons and emulsions | Waste oils unfit for their original intended use | J100 |
| Waste hydrocarbons | J110 | ||
| Waste oils and water mixtures or emulsions, and hydrocarbon and water mixtures or emulsions | J120 | ||
| Triple interceptor waste and stormwater contaminated with oil or hydrocarbons | J130 | ||
| Transformer fluids, excluding polychlorinated biphenyls | J140 | ||
| Other oils, hydrocarbons or emulsions not otherwise specified in this item, including cutting oils and soluble oils | J150 | ||
| Tarry residues arising from refining, distillation and any pyrolytic treatment | J160 | ||
| Used oil filters | J170 | ||
| 10 | Putrescible/ organic wastes | Animal effluent and residues, including abattoir wastes and other wastes from animal processing | K100 |
| Grease interceptor trap effluent | K120 | ||
| Tannery wastes (not containing chromium) and wool scouring wastes | K140 | ||
| Food and beverage processing wastes | K200 | ||
| 11 | Industrial washwaters | Car and truck washwaters | L100 |
| Industrial washwaters from cleaning, rinsing or washing operations not otherwise specified in this item | L150 | ||
| 12 | Organic chemicals | Polychlorinated biphenyls in concentrations over 50 mg per kg | M100 |
| Waste substances and articles containing or contaminated with polychlorinated biphenyls in concentrations over 50 mg per kg | M110 | ||
| Solvents, oils and materials contaminated with polychlorinated biphenyls in concentrations over 2 mg per kg but less than 50 mg per kg | M120 | ||
| Non-halogenated, non-solvent organic chemicals, not otherwise specified in this item, including glycol coolant, radiator fluid and brake fluid | M130 | ||
| Phenol and phenol compounds including halogenated phenols | M150 | ||
| Halogenated organic chemicals, not otherwise specified in this item | M160 | ||
| Organic isocyanate compounds | M220 | ||
| Amines and other nitrogen compounds | M230 | ||
| Detergents and surface active agents (surfactants) | M250 | ||
| Highly odorous organic chemicals including mercaptans and acrylates | M260 | ||
| 13 | Solid and sludge wastes requiring special handling | Prescribed industrial waste residues in rigid steel or plastic containers with an original volume less than 200 litres | N100 |
| Prescribed industrial waste residues in rigid steel or plastic containers with an original volume greater than or equal to 200 litres | N105 | ||
| Prescribed industrial waste residues in bags or containers not covered by Waste codes N100 or N105 | N110 | ||
| Category A contaminated soil | N119 | ||
| Category B contaminated soil | N120 | ||
| Category C contaminated soil | N121 | ||
| Spent catalysts | N130 | ||
| Fire debris and fire wash-waters contaminated with chemicals | N140 | ||
| Fly ash | N150 | ||
| Prescribed industrial wastes that are immobilised in accordance with a classification issued by the Authority | N160 | ||
| Prescribed industrial wastes that are chemically fixed and/or encapsulated | N170 | ||
| Prescribed industrial wastes that are solidified or polymerised | N180 | ||
| Filter cake | N190 | ||
| Ion-exchange column residues | N200 | ||
| Residues from pollution control operations, not otherwise specified in this item (including activated carbon, baghouse dust, residues from industrial waste disposal operations and leachate) | N210 | ||
| Asbestos including asbestos in fill material soil | N220 | ||
| Ceramic-based fibres with physico‑chemical characteristics similar to those of asbestos | N230 | ||
| Absorbents contaminated with prescribed industrial waste residues | N250 | ||
| Schedule 1 industrial wastes contaminated with prescribed industrial waste residues, not otherwise specified in this item | N260 | ||
| 14 | Clinical and pharmaceutical wastes | Clinical and related wastes, including biomedical waste, not otherwise specified in this item | R100 |
| Pathogenic substances and quarantine wastes | R110 | ||
| Waste from the use of pharmaceutical products, not otherwise specified in this item | R120 | ||
| Cytotoxic substances | R130 | ||
| Waste from the production of pharmaceutical products and cosmetics, not otherwise specified in this item | R140 | ||
| 15 | Miscellaneous | Waste chemical substances arising from laboratories, research and development, or teaching activities | T100 |
| Waste from the production, formulation and use of photographic chemicals and processing materials not containing silver | T120 | ||
| Inert sludges or slurries | T130 | ||
| Foundry sands | T160 | ||
| Waste chemicals in small quantities, not otherwise specified in this item | T170 |
".
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Endnotes
[1] Reg. 4: S.R. No. 77/2009 as amended by S.R. No. 25/2015.
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