Waste Avoidance and Resource Recovery Act 2007

Waste Avoidance and Resource Recovery Levy Regulations 2008

 

Waste Avoidance and Resource Recovery Levy Regulations 2008

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Terms used in these regulations1

4.Application3

Part 2 — Levy

5.Exemptions4

6.Review7

7.Financial assurance — exempt waste8

8.Amount of levy — when waste received at licensed landfill with weighbridge9

9.Amount of levy when waste not weighed on weighbridge or not received at licensed landfill9

10.Volume of waste — category 63 landfills10

11.CEO may make estimates if survey not conducted or category 63 premises not licensed12

12.Amount of levy13

Part 3 — Savings and transitional provisions

13.Exemptions and related financial assurances16

14.Baseline reports, estimated bases and quarterly surveys16

Notes

Compilation table18

Defined terms

 

Waste Avoidance and Resource Recovery Act 2007

Waste Avoidance and Resource Recovery Levy Act 2007

Waste Avoidance and Resource Recovery Levy Regulations 2008

Part 1  Preliminary

1.Citation

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

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 1 July 2008.

3.Terms used in these regulations

(1)In these regulations —

approved means approved by the CEO in writing;

landfill premises means —

(a)a licensed landfill; or

(b)premises that would, if the occupier of the premises held a licence in respect of the premises as required under the EP Act, be a licensed landfill;

liable person means a person who is —

(a)a licensee; or

(b)the occupier of premises that would, if the person held a licence in respect of the premises as required under the EP Act, be a licensed landfill;

licensed landfill means premises specified in category 63, 64 or 65 of the Environmental Protection Regulations 1987 Schedule 1 in respect of which a licence is held;

licensee means the holder of a licence in respect of a licensed landfill;

return period means —

(a)in the case of a person who on 1 July 2008 is a liable person, the following periods —

(i)1 July — 30 September;

(ii)1 October — 31 December;

(iii)1 January — 31 March;

(iv)1 April — 30 June;

and

(b)in the case of a person who after 1 July 2008 becomes a liable person, the following periods —

(i)the period beginning on the date the person becomes a liable person and ending on the September 30, December 31, March 31 or June 30 immediately next following, whichever is the sooner;

(ii)each 3 month period next following the period referred to in subparagraph (i).

(2)A reference in these regulations to a category followed by a designation is a reference to the category so designated in the first column of the Environmental Protection Regulations 1987 Schedule 1.

4.Application

(1)Subject to any exemption granted on application under regulation 5, these regulations apply to —

(a)all waste received at landfill premises in the metropolitan region on or after 1 July 2008; and

(b)all waste collected within the metropolitan region, irrespective of when it is collected, and received at landfill premises outside the metropolitan region on or after 1 July 2008; and

(c)return periods commencing on or after 1 July 2008.

(2)In subregulation (1) —

metropolitan region has the meaning given to that term in the Planning and Development Act 2005 section 4(1).

Part 2  Levy

5.Exemptions

(1A)In this regulation —

asbestos containing material means any manufactured material or thing that, as part of its design, contains asbestos;

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

public authority has the meaning given in the Waste Avoidance and Resource Recovery Act 2007 section 3;

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

(1)A licensee may by application in an approved form claim an exemption from these regulations for the following waste received at a licensed landfill in any return period —

(a)uncontaminated soil or other clean fill that —

(i)is, or is to be, used after the completion of landfill operations to cover, to a depth of up to 500 mm, waste disposed of on the premises; and

(ii)was accepted by the licensee at no charge;

(b)waste that is not disposed of to landfill but is collected and stored at a licensed landfill for reuse, reprocessing, recycling or use in energy recovery;

(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 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;

(i)asbestos containing material if the material is —

(i)taken to the licensed landfill otherwise than in contravention of the Environmental Protection (Controlled Waste) Regulations 2004 regulation 44; and

(ii)buried at the licensed landfill in compliance with the conditions on the licence.

(2)A licensee may by application in the approved form claim an exemption from the requirement under regulation 8 to weigh waste on a weighbridge.

(3)A licensee of a category 63 licensed landfill may by application in an approved form claim an exemption from the requirements of regulation 10(5) and (6) in respect of a return period if no waste has been disposed of to landfill on the licensed landfill.

(4)The CEO may, by written notice —

(a)grant, or refuse to grant, an exemption; or

(b)grant an exemption subject to conditions, or limited to circumstances, specified in the notice; or

(c)revoke an exemption.

(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.

(5)In an exemption notice for waste referred to in subregulation (1) the CEO must specify the period for which the exemption applies.

(6)If a condition subject to which an exemption is given is breached, the exemption ceases to have effect.

(7)If waste referred to in subregulation (1)(b) for which an exemption is granted has not been recycled, or otherwise removed in an approved manner, from the licensed landfill within the exemption period, the licensee must pay the levy that would have been payable in respect of that waste if the exemption had not been granted not later than 2 weeks after the end of the exemption period.

(8)If the CEO is satisfied that —

(a)waste referred to in subregulation (1)(b) for which an exemption is granted has been recycled or otherwise removed in an approved manner from the licensed landfill within 12 months after the exemption period; and

(b)the levy has been paid in respect of the waste,

the CEO may refund or rebate to the licensee an amount equal to the amount of levy paid in respect of the waste.

[Regulation 5 amended in Gazette 1 Jul 2011 p. 2716‑18; 23 Sep 2014 p. 3475‑6.]

6.Review

(1)A person aggrieved by a reviewable decision may apply to the State Administrative Tribunal for a review of the decision.

(2)In subregulation (1) —

reviewable decision means a decision —

(a)to refuse to grant an exemption under regulation 5; or

(b)to impose conditions or limitations upon the grant of an exemption under regulation 5.

7.Financial assurance — exempt waste

(1)In this regulation —

licensee does not include a licensee that is a local government.

(2)If a licensee is granted an exemption for waste referred to in regulation 5(1)(b), the CEO may, as a condition of the exemption, require the licensee to provide a financial assurance to the CEO of an amount specified by the CEO that does not exceed the amount of levy that would otherwise be payable in respect of the waste.

(3)The licensee must provide the financial assurance —

(a)not later than 2 weeks after the licensee is notified by the CEO that the financial assurance is required; and

(b)in an approved form,

and must maintain the financial assurance in accordance with any requirements of the CEO of which the licensee has been given written notice.

(4)If a financial assurance is not given and maintained in accordance with subregulation (3) —

(a)the exemption ceases to have effect; and

(b)the amount of levy that would have been payable in respect of the waste if the exemption had not been granted becomes due and payable.

(5)The CEO may call on or use the financial assurance and pay the moneys into the WARR Account if —

(a)the waste in respect of which the financial assurance is paid has not been recycled, or otherwise removed from the licensed landfill in an approved manner, within the exemption period; and

(b)the levy in respect of the waste is not paid as required under regulation 5(7).

(6)If —

(a)waste referred to in regulation 5(1)(b) for which an exemption is granted is recycled or otherwise removed from the licensed landfill within the exemption period; or

(b)the levy is paid in respect of the waste,

the financial assurance in respect of the waste may be terminated by the licensee.

8.Amount of levy — when waste received at licensed landfill with weighbridge

Subject to any exemption granted on application under regulation 5(2), waste to which these regulations apply that is received at a category 64 or 65 licensed landfill with a weighbridge is to be weighed on the weighbridge at the time of delivery, and the weight of the waste as shown at the weighbridge is to be the weight that is used for the purpose of determining the amount of the levy under regulation 12.

9.Amount of levy when waste not weighed on weighbridge or not received at licensed landfill

(1)If —

(a)the licensee of a category 64 or 65 licensed landfill has been granted an exemption from the requirement to weigh waste received at the licensed landfill; or

(b)a category 64 or 65 licensed landfill does not have a weighbridge,

when waste is received at the licensed landfill, the licensee is to estimate the weight of that waste in the approved manner, and the estimated weight is to be the weight that is used for the purpose of determining the amount of the levy under regulation 12.

(2)If waste is received at premises —

(a)in respect of which the occupier does not hold a licence as required under the EP Act; and

(b)that would, if the occupier of the premises held a licence as required under the EP Act, be a category 64 or 65 licensed landfill,

the CEO may estimate —

(c)the number of cubic metres of waste disposed of to landfill on the premises during any return period; and

(d)the weight of that waste,

and the estimated weight is to be the weight that is used for the purpose of determining the amount of the levy under regulation 12.

(3)For the purposes of subregulation (2) the CEO may cause a survey of the kind referred to in regulation 10(2)(a) or (5) to be conducted in respect of the licensed landfill.

10.Volume of waste — category 63 landfills

(1)In this regulation —

surveyor means —

(a)a licensed surveyor as defined in the Licensed Surveyors Act 1909 section 3(1); or

(b)a person who is, or is eligible to be, a member of —

(i)the Institution of Surveyors, Australia ; or

(ii)the Spatial Sciences Institute.

(2)The licensee of a category 63 licensed landfill must, in accordance with subregulations (3) and (4) —

(a)cause a survey of the premises to be conducted by a surveyor for the purpose of establishing a base from which the volume of waste subsequently disposed of to landfill on the premises can be measured (the baseline survey); and

(b)lodge with the CEO a report of that survey prepared by the surveyor (the baseline report).

Penalty: a fine of $10 000.

(3)The baseline survey must be conducted —

(a)after the licence is issued; and

(b)not more than 14 days before the licensee commences accepting waste for disposal to landfill on the premises.

(4)The baseline report must be lodged within 14 days after the licensee commences accepting waste for disposal to landfill on the premises.

(5)Subject to any exemption granted on application under regulation 5(3), after the end of a return period the licensee of a category 63 licensed landfill must cause a survey of the premises to be conducted by a surveyor for the purpose of calculating the volume of waste disposed of to landfill during that return period (a quarterly survey).

(6)The licensee must lodge a report on a quarterly survey, prepared by the surveyor, with the return lodged under the Waste Avoidance and Resource Recovery Regulations 2008 regulation 18 for that return period.

Penalty: a fine of $10 000.

(7)The report referred to in subregulation (6) must include the surveyor’s calculation of the number of cubic metres of waste disposed of to landfill on the premises during the return period based on a comparison of the quarterly survey for that return period and the previous quarterly survey or, if there is no previous quarterly survey, the baseline survey for the premises or the estimated base established under regulation 11(1).

(8)The volume of waste so calculated by the surveyor is to be the volume used for the purposes of determining the amount of the levy under regulation 12.

11.CEO may make estimates if survey not conducted or category 63 premises not licensed

(1)If the licensee of a category 63 licensed landfill fails to comply with regulation 10(2) the CEO may establish an estimated base from which the volume of waste subsequently disposed of to landfill on the premises can be measured.

(2)If the licensee of a category 63 licensed landfill fails to comply with regulation 10(6) in respect of a return period the CEO may estimate the number of cubic metres of waste disposed of to landfill on the premises during the return period.

(3)The CEO must given written notice to the licensee of any estimated base established under subregulation (1) or any estimation made under subregulation (2).

(4)If waste is received at premises —

(a)in respect of which the occupier does not hold a licence as required under the EP Act; and

(b)that would, if the occupier of the premises held a licence as required under the EP Act, be a category 63 licensed landfill,

the CEO may estimate the number of cubic metres of waste disposed of to landfill on the premises during any return period, and the estimate is to be the number that is used for the purpose of determining the amount of the levy under regulation 12.

(5)For the purposes of this regulation the CEO may cause a survey of the kind referred to in regulation 10(2)(a) or (5) to be conducted in respect of the licensed landfill.

(6)The costs incurred by the CEO under subregulation (1), (2) or (4) for the purpose of determining the amount of levy payable by a person under regulation 12 may be included in the amount of levy payable by that person and, if so included, are recoverable accordingly.

(7)The CEO may call on or use the financial assurance provided by the licensee under the Waste Avoidance and Resource Recovery Regulations 2008 regulation 15 to cover any costs incurred under subregulation (1) or (2) that are included in the amount of levy payable by a person.

12.Amount of levy

(1)The amount by way of levy that is payable in respect of waste to which these regulations apply that is received at a category 63 landfill premises during a return period is the amount (in dollars) equal to L in the formula —

where —

Vis the number of cubic metres of waste to which these regulations apply received at the landfill premises during the return period determined in accordance with regulation 10 or estimated under regulation 11(2) or (4); and

Ris, if the first day of the return period is —

(a)before 1 January 2010 — $3;

(b)on or after 1 January 2010 and before 1 January 2015 — $12;

(c)on or after 1 January 2015 and before 30 June 2016 — $60;

(d)on or after 1 July 2016 and before 30 June 2017 — $75;

(e)on or after 1 July 2017 and before 30 June 2018 — $90;

(f)on or after 1 July 2018 and before 30 June 2019 — $105;

(d)on or after 1 July 2019 — $105;

and

Sis —

(a)in the case of licensed landfill premises, the lesser of —

(i)the cost incurred by the licensee in complying with regulation 10(5) and (6) in respect of the return period; and

(ii)$2 000;

and

(b)in any other case — nil.

(2)The amount by way of levy that is payable in respect of waste to which these regulations apply that is received at a category 64 or 65 landfill premises during a return period is the amount (in dollars) equal to L in the formula —

where —

Wis the number of tonnes of waste to which these regulations apply received at the landfill premises during the return period determined in accordance with regulation 8 or 9; and

Ris, if the first day of the return period is —

(a)before 1 July 2009 — $7;

(b)on or after 1 July 2009 and before 1 January 2010 — $8;

(c)on or after 1 January 2010 and before 1 January 2015 — $28;

(d)on or after 1 January 2015 and before 30 June 2016 — $55;

(e)on or after 1 July 2016 and before 30 June 2017 — $60;

(f)on or after 1 July 2017 and before 30 June 2018 — $65;

(g)on or after 1 July 2018 and before 30 June 2019 — $70;

(h)on or after 1 July 2019 — $70.

[Regulation 12 amended in Gazette 22 Dec 2009 p. 5256; 12 Sep 2014 p. 3280‑1.]

Part 3  Savings and transitional provisions

13.Exemptions and related financial assurances

(1)A licensee that is the holder of an exemption granted under the Environmental Protection Regulations 1987 regulation 23 is taken to have been granted an exemption under regulation 5 on the same terms and conditions.

(2)Any financial assurance provided under the Environmental Protection Regulations 1987 regulation 24 in relation to the exemption granted under the Environmental Protection Regulations 1987 regulation 23 that is current on the day this regulation comes into operation is taken to have been provided under regulation 7 on the same terms and conditions.

14.Baseline reports, estimated bases and quarterly surveys

(1)A licensee of a category 63 licensed landfill who has lodged a baseline report in respect of those premises with the CEO under the Environmental Protection Regulations 1987 regulation 26(1) is not required to comply with regulation 10(2).

(2)The volume of waste disposed of to landfill on licensed premises that is calculated in the quarterly survey carried out under the Environmental Protection Regulations 1987 regulation 26 for the return period ending 30 June 2008 is to be used as the basis for comparison in the first quarterly survey in respect of those premises carried out under regulation 10(5).

(3)If, in respect of licensed premises, there is no quarterly survey carried out under the Environmental Protection Regulations 1987 regulation 26 for the return period ending 30 June 2008, but there is a baseline report as referred to in subregulation (1) or an estimated base established under the Environmental Protection Regulations 1987 regulation 26A(1) in respect of those premises, that baseline report or estimated base may be used as the basis for comparison in the first quarterly survey in respect of those premises carried out under regulation 10(5) and for the purposes of the Waste Avoidance and Resource Recovery Regulations 2008 regulation 18.

 

Notes

1This is a compilation of the Waste Avoidance and Resource Recovery Levy Regulations 2008 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Citation

Gazettal

Commencement

Waste Avoidance and Resource Recovery Levy Regulations 2008

20 Jun 2008 p. 2685‑702

r. 1 and 2: 20 Jun 2008 (see r. 2(a))
Regulations other than r. 1 and 2: 1 Jul 2008 (see r. 2(b))

Waste Avoidance and Resource Recovery Levy Amendment Regulations 2009

22 Dec 2009 p. 5255-6

r. 1 and 2: 22 Dec 2009 (see r. 2(a))
Regulations other than r. 1 and 2: 1 Jan 2010 (see r. 2(b))

Waste Avoidance and Resource Recovery Levy Amendment Regulations 2011

1 Jul 2011 p. 2715‑18

r. 1 and 2: 1 Jul 2011 (see r. 2(a));
Regulations other than r. 1 and 2: 2 Jul 2011 (see r. 2(b))

Waste Avoidance and Resource Recovery Levy Amendment Regulations (No. 2) 2014

12 Sep 2014 p. 3280‑1

r. 1 and 2: 12 Sep 2014 (see r. 2(a));
Regulations other than r. 1 and 2: 13 Sep 2014 (see r. 2(b))

Waste Avoidance and Resource Recovery Levy Amendment Regulations 2014

23 Sep 2014 p. 3475‑6

r. 1 and 2: 23 Sep 2014 (see r. 2(a));
Regulations other than r. 1 and 2: 24 Sep 2014 (see r. 2(b))

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

asbestos containing material5(1A)

approved3(1)

baseline report10(2)

baseline survey10(2)

hazardous waste5(1A)

landfill premises3(1)

liable person3(1)

licensed landfill3(1)

licensee3(1), 7(1)

metropolitan region4(2)

public authority5(1A)

quarterly survey10(5)

reasonably removed, 5(1A)

return period3(1)

reviewable decision6(2)

surveyor10(1)