Waste Avoidance and Resource Recovery Levy Amendment Regulations 2011 (WA)

1 July 2011 GOVERNMENT GAZETTE, WA 2715

Recovery Levy Amendment Regulations 2011.

ENVIRONMENT

EV301*

Waste Avoidance and Resource Recovery Act 2007

Waste Avoidance and Resource Recovery Levy Act 2007

Waste Avoidance and Resource Recovery Levy

Amendment Regulations 2011

Made by the Lieutenant-Governor and Administrator in Executive

Council.

1.            Citation

These regulations are the Waste Avoidance and Resource

2716 GOVERNMENT GAZETTE, WA 1 July 2011

2.            Commencement

These regulations come into operation as follows -

(a)	regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations - on the day after that day.

3.            Regulations amended

These regulations amend the Waste Avoidance and Resource
Recovery Levy Regulations 2008.

4.            Regulation 5 amended

(1) Before regulation 5(1) insert:

(1A) In this regulation -

hazardous waste reasonably removed, in relation to waste, means removed in circumstances where alternative methods of dealing with the waste are impracticable.

means waste that poses an immediate
risk of harm to human health or the environment;

public authority has the meaning given in the Waste

(2) In regulation 5(1):

(a)	in paragraph (b) delete 'recycling;" and insert: reuse, reprocessing, recycling or use in energy recovery:
(b)	delete paragraph (c) and insert:
(c) waste reasonably removed from an orphan site

as defined in the Contaminated Sites Act 2003

section 32 by a public authority to mitigate or prevent a risk of harm to human health or the environment;

(d)	hazardous waste reasonably removed by a public authority;
(e)	waste resulting from storm, fire, flood or other natural disaster that cannot reasonably be reused, reprocessed, recycled or used in energy recovery;

(f) waste that -

(i)     is deposited on a shoreline by the action of water; and

(ii)     is reasonably removed from the shoreline by a public authority to

1 July 2011 GOVERNMENT GAZETTE, WA 2717

mitigate or prevent a risk of harm to

human health or the environment; and

(iii) cannot reasonably be reused,

reprocessed, recycled or used in energy

recovery;

(g) waste used for construction or maintenance

work carried out on the licensed landfill if-

(i)     the amount of waste is specified in advance in a plan prepared by a registered builder or an engineer; and

(ii)     no charge is made by the licensee for accepting the waste;

(h) waste used for cover on the licensed landfill

if-

(i) a closure notice has been given in

respect of the licensed landfill under the
Environmental Protection Act 1986

section 68A(2); and

(ii) the waste is used as required by the

closure notice.

(3) After regulation 5(4) insert:

(5A) Without limiting subregulation (4)(b), the conditions
that may be specified in a notice granting an exemption
applied for under subregulation (1) include the
following -

(a)	that the licensee must remove, reuse or recycle the exempt waste within a period specified in the notice;
(b)	that the licensee must store or use the exempt
waste in accordance with requirements
specified in the notice;
(c)	that the licensee must measure the exempt waste in accordance with measurement criteria specified in the notice;
(d)	that the licensee must keep records specified in the notice as to the quantity, nature and location of exempt waste located or used on the licensed landfill and payments received in respect of that waste;
(e)	that the licensee must provide reports to the CEO as to the acceptance, storage, removal, reuse or recycling of the exempt waste as

requested by the CEO;

(f) that the quantity of waste that is exempt is not to exceed an amount specified in the notice.

2718 GOVERNMENT GAZETTE, WA 1 July 2011

(4) In regulation 5(5) delete "subregulation (1)(b) or (c)" and insert:

subregulation (1)

By Command of the Lieutenant-Governor and Administrator,

PETER CONRAN, Clerk of the Executive Council.