Waste Avoidance and Resource Recovery Act 2007
Waste Avoidance and Resource Recovery (e-waste) Amendment Regulations 2026
Waste Avoidance and Resource Recovery Act 2007
Waste Avoidance and Resource Recovery (e-waste) Amendment Regulations 2026
Western Australia
Waste Avoidance and Resource Recovery (e-waste) Amendment Regulations 2026
Contents
1.Citation1
2.Commencement1
3.Regulations amended1
4.Regulation 3 amended1
5.Regulation 4 amended3
6.Regulation 8 amended4
7.Regulation 9 amended4
8.Regulation 10 amended5
9.Regulation 11 amended5
10.Regulation 12 amended6
11.Regulation 13 replaced7
13.Records7
12.Regulation 14 amended7
13.Part 4 replaced8
Part 4 — Exemptions
16.Exemption from requirement under these regulations8
17.Application for exemption10
18.Conditions of exemption10
19.Notification of exemption11
20.Amendment or revocation of exemption11
21.Application for amendment of exemption12
22.Notification of amendment or revocation of exemption13
23.Review13
Part 5 — Transitional provisions for Waste Avoidance and Resource Recovery (e‑waste) Amendment Regulations 2026
24.Term used14
25.E‑waste service provider return for financial year ending 30 June 202614
26.Exemption applications made before commencement day15
27.Exemptions granted before commencement day15
14.Schedule 1 amended16
Waste Avoidance and Resource Recovery Act 2007
Waste Avoidance and Resource Recovery (e‑waste) Amendment Regulations 2026
Made by the Governor in Executive Council.
These regulations come into operation as follows —
(a)regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;
(b)the rest of the regulations — on 1 July 2026.
These regulations amend the Waste Avoidance and Resource Recovery (e‑waste) Regulations 2024.
(1)In regulation 3 delete the definitions of:
aggregated waste
processed materials
residual waste
(2)In regulation 3 insert in alphabetical order:
aggregated, in relation to regulated e‑waste, has the meaning given in regulation 4;
Department’s website means a website maintained by, or on behalf of, the Department;
exemption holder has the meaning given in regulation 21(1);
management standard means Australian Standard AS 5377:2022 Management of electrical and electronic equipment for re‑use or recycling published by Standards Australia (as in force on 1 July 2024);
recovered materials means materials that are created as a result of regulated e‑waste being transformed through separation and recycling in accordance with the waste strategy;
remote area means the following remoteness areas in the Australian Statistical Geography Standard published by the Australian Bureau of Statistics —
(a)Outer Regional Australia (SA1 average ARIA+ value range greater than 2.4 and less than or equal to 5.92);
(b)Remote Australia (SA1 average ARIA+ value range greater than 5.92 and less than or equal to 10.53);
(c)Very Remote Australia (SA1 average ARIA+ value range greater than 10.53);
residual waste means waste that remains after regulated e‑waste has been transformed, through separation and recycling in accordance with the waste strategy, to create —
(a)recovered materials; or
(b)materials suitable to be used in energy recovery;
waste management infrastructure means premises or facilities used for the collection, transport, storage, treatment, processing, sorting, recycling or disposal of waste.
(3)In regulation 3 in the definition of public entity:
(a)in paragraph (b) delete “government;” and insert:
government; or
(b)after paragraph (b) insert:
(c)a body, corporate or unincorporate, that is established or continued for a public purpose by the State, regardless of the way it is established;
(4)In regulation 3 in the definition of significant entity paragraph (b) delete “e‑waste.” and insert:
e‑waste;
In regulation 4 delete “Aggregated waste is waste that” and insert:
Regulated e‑waste is aggregated if it
Note: The heading to amended regulation 4 is to read:
When regulated e‑waste is aggregated
(1)In regulation 8(3):
(a)before “provider” insert:
service
(b)delete “for the recovery of processed materials”.
(2)In regulation 8(4) delete “for the recovery of processed materials”.
Note: The heading to amended regulation 8 is to read:
Regulated e‑waste not to be disposed to landfill
(1)Delete regulation 9(2) and insert:
(2)An e‑waste service provider must not store regulated e‑waste for more than —
(a)if the regulated e‑waste is stored in a remote area — 24 months after the end of the month in which the regulated e‑waste is received; or
(b)otherwise — 12 months after the end of the month in which the regulated e‑waste is received.
Penalty for this subregulation: a fine of $10 000.
(2A)For the purposes of subregulation (2)(a), regulated e‑waste is stored in a remote area if the premises where the regulated e‑waste is stored are in a remote area when the regulated e‑waste is received.
(2)In regulation 9(4) delete “processed” and insert:
recovered
(3)Delete regulation 9(6) and insert:
(6)In determining what constitutes reasonable steps for the purposes of subregulation (5), it is relevant to take into account the management standard.
After regulation 10(3) insert:
(4)In determining what constitutes reasonable steps for the purposes of subregulation (3)(a), it is relevant to take into account the management standard.
In regulation 11(2):
(a)delete paragraphs (b) and (c) and insert:
(b)for each category of regulated e‑waste in Schedule 1 column 1 — the weight of regulated e‑waste collected or received by the provider;
(b)delete paragraph (d) and insert:
(d)for each category of regulated e‑waste in Schedule 1 column 1 — the weight of recovered materials and residual waste produced by the provider;
(1)Delete regulation 12(2) and insert:
(2)A significant entity must not store regulated e‑waste resulting from the significant entity’s activities for more than —
(a)if the regulated e‑waste is stored in a remote area — 24 months after the end of the month in which the regulated e‑waste results from the significant entity’s activities; or
(b)otherwise — 12 months after the end of the month in which the regulated e‑waste results from the significant entity’s activities.
Penalty for this subregulation: a fine of $10 000.
(2A)For the purposes of subregulation (2)(a), regulated e‑waste is stored in a remote area if the premises where the regulated e‑waste is stored are in a remote area when the regulated e‑waste results from the significant entity’s activities.
(2)In regulation 12(5) delete “(2) or (3)” and insert:
(2), (3) or (4)
(3)In regulation 12(6) before “(2),” insert:
(1),
(4)Delete regulation 12(7) and insert:
(7)In determining what constitutes reasonable steps for the purposes of subregulation (5) or (6), it is relevant to take into account the management standard.
Delete regulation 13 and insert:
A significant entity must maintain records that are sufficient to demonstrate the transfer of regulated e‑waste resulting from the significant entity’s activities to an e‑waste service provider under these regulations.
Penalty: a fine of $10 000.
After regulation 14(3) insert:
(4)In determining what constitutes reasonable steps for the purposes of subregulation (3)(a), it is relevant to take into account the management standard.
Delete Part 4 and insert:
16.Exemption from requirement under these regulations
(1)The CEO may, in writing, exempt any of the following from a requirement imposed under these regulations —
(a)an e‑waste service provider;
(b)a landfill operator;
(c)a significant entity;
(d)a class of e‑waste service providers, landfill operators or significant entities.
(2)An exemption under subregulation (1) may apply to the entity or class of entities —
(a)generally; or
(b)in relation to —
(i)specified regulated e‑waste; or
(ii)a specified location; or
(iii)a specified activity.
(3)An exemption under subregulation (1) may be granted on the CEO’s own initiative or on application under regulation 17.
(4)The CEO may grant an exemption in relation to an entity under subregulation (1)(a), (b) or (c) if the CEO is satisfied it is appropriate to do so because —
(a)events or circumstances beyond the control of the entity have rendered regulated e‑waste unsuitable for resource recovery; or
(b)it is unreasonable to expect the entity to comply with the requirement because —
(i)regulated e‑waste is in a remote area; and
(ii)waste management infrastructure is not available within a reasonable distance of the entity.
(5)The CEO may grant an exemption in relation to a class of entities under subregulation (1)(d) if the CEO is satisfied it is appropriate to do so because —
(a)events or circumstances beyond the control of the entities in the class have rendered —
(i)regulated e‑waste unsuitable for resource recovery; or
(ii)the management, aggregation, treatment, processing, sorting, recycling, transfer or disposal of regulated e‑waste impracticable;
or
(b)it is unreasonable to expect the entities in the class to comply with the requirement because —
(i)regulated e‑waste is in a remote area; and
(ii)waste management infrastructure is not available within a reasonable distance of the entities in the class.
(6)An exemption under subregulation (1) applies for the period specified in the exemption.
(1)An application for an exemption under regulation 16(1) may be made by —
(a)an e‑waste service provider; or
(b)a landfill operator; or
(c)a significant entity; or
(d)a class of e‑waste service providers, landfill operators or significant entities.
(2)The application must —
(a)be in a form approved by the CEO; and
(b)include the reasons for the application; and
(c)include, or be accompanied by, any other information specified by the CEO.
(3)If the CEO decides not to grant the exemption, the CEO must, as soon as practicable, give the applicant notice, in writing, of the decision stating the reasons for the decision.
(1)The CEO may grant an exemption under regulation 16(1) subject to conditions the CEO considers appropriate and specifies in the exemption.
(2)An e‑waste service provider, landfill operator or significant entity to which an exemption applies must comply with the conditions specified in the exemption.
Penalty for this subregulation: a fine of $10 000.
(1)If the CEO grants an exemption under regulation 16(1)(a), (b) or (c), the CEO must —
(a)give a copy of the exemption to the e‑waste service provider, landfill operator or significant entity to which the exemption applies; and
(b)publish the exemption on the Department’s website.
(2)If the CEO grants an exemption under regulation 16(1)(d), the CEO must publish the exemption on the Department’s website.
20.Amendment or revocation of exemption
(1)The CEO may, in writing, amend an exemption granted under regulation 16(1) to —
(a)extend or otherwise change the period for which the exemption applies; or
(b)vary the conditions to which the exemption is subject, including by imposing new conditions; or
(c)correct the details of the entity, or class of entities, to which the exemption applies; or
(d)change the specified regulated e‑waste, specified location or specified activity to which the exemption applies.
(2)The CEO must not amend an exemption under subregulation (1) unless the CEO considers that there would be grounds under regulation 16(4) or (5) to grant a new exemption in the same terms as the amended exemption.
(3)An amendment of an exemption under subregulation (1) may be made on the CEO’s own initiative or on application under regulation 21.
(4)The CEO may, in writing, revoke an exemption granted under regulation 16(1).
21.Application for amendment of exemption
(1)In this regulation —
exemption holder means any of the following who is exempt, or belongs to a class of entities who are exempt, under regulation 16(1) —
(a)an e‑waste service provider;
(b)a landfill operator;
(c)a significant entity.
(2)An application for an amendment of an exemption under regulation 20(1) may be made by an exemption holder.
(3)The application must —
(a)be in a form approved by the CEO; and
(b)include the reasons for the application; and
(c)include, or be accompanied by, any other information specified by the CEO.
(4)If the CEO decides not to amend the exemption, the CEO must, as soon as practicable, give the applicant notice, in writing, of the decision stating the reasons for the decision.
22.Notification of amendment or revocation of exemption
(1)If the CEO amends or revokes an exemption granted under regulation 16(1)(a), (b) or (c), the CEO must —
(a)give a copy of the amendment or revocation, and the reasons for the decision to amend or revoke the exemption, to the e‑waste service provider, landfill operator or significant entity to which the exemption applies; and
(b)publish the amendment or revocation, and the reasons for the decision to amend or revoke the exemption, on the Department’s website.
(2)If the CEO amends or revokes an exemption granted under regulation 16(1)(d), the CEO must publish the amendment or revocation, and the reasons for the decision to amend or revoke the exemption, on the Department’s website.
(3)The amendment or revocation takes effect upon publication on the Department’s website under subregulation (1)(b) or (2).
(1)In this regulation —
person aggrieved means —
(a)in relation to a decision referred to in paragraph (a) or (e) of the definition of reviewable decision — an applicant; or
(b)in relation to a decision referred to in paragraph (b) or (c) of the definition of reviewable decision — an exemption holder; or
(c)in relation to a decision referred to in paragraph (d) of the definition of reviewable decision — a former exemption holder;
reviewable decision means a decision of the CEO —
(a)not to grant an exemption on application under regulation 17; or
(b)to grant an exemption subject to conditions under regulation 18(1); or
(c)to amend an exemption under regulation 20(1) on the CEO’s own initiative; or
(d)to revoke an exemption under regulation 20(4); or
(e)not to amend an exemption on application under regulation 21.
(2)A person aggrieved by a reviewable decision may apply to the State Administrative Tribunal for a review of the decision.
Part 5 — Transitional provisions for Waste Avoidance and Resource Recovery (e‑waste) Amendment Regulations 2026
In this Part —
commencement day means the day on which the Waste Avoidance and Resource Recovery (e‑waste) Amendment Regulations 2026 regulation 13 comes into operation.
25.E‑waste service provider return for financial year ending 30 June 2026
Despite the amendments made by the Waste Avoidance and Resource Recovery (e‑waste) Amendment Regulations 2026, a return lodged under regulation 11(3) for the financial year ending on 30 June 2026 must contain the information required to be recorded under regulation 11(2) (as in force immediately before commencement day).
26.Exemption applications made before commencement day
(1)This regulation applies if —
(a)an application for an exemption from a requirement imposed under these regulations is made before commencement day under regulation 16 (as in force before commencement day); and
(b)the CEO has not decided the application before commencement day.
(2)The application is taken, on and from commencement day, to be an application made under regulation 17.
27.Exemptions granted before commencement day
(1)If the CEO exempted an e‑waste service provider, a landfill operator or a significant entity from a requirement imposed under these regulations under regulation 16 (as in force before commencement day) and the exemption is in effect immediately before commencement day —
(a)the exemption is taken to be an exemption granted under regulation 16(1); and
(b)if the exemption is subject to conditions specified by the CEO under regulation 16(5) (as in force before commencement day) — the conditions are taken to be conditions specified by the CEO under regulation 18(1).
(2)Regulation 18(2) does not apply to a condition referred to in subregulation (1)(b).
In Schedule 1 delete:
|
Batteries |
All batteries |
and insert:
|
Batteries |
All batteries, unless the battery is part of a device and the device is not designed to enable the removal of the battery by a user |
N. HAGLEY, Clerk of the Executive Council
© State of Western Australia 2026. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2026. By Authority: ANDREW JONES, Government Printer