Environment Protection (Prescribed Waste) (Amendment) Regulations 2000

i Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 S.R. No. 92/2000 TABLE OF PROVISIONS Regulation Page 1. Purpose 1 2. Authorising provision 2 3. Principal Regulations 2 4. Commencement 2 5. Change to purpose 2 6. Substitution of regulation 2 2 2. Authorising provision 2 7. Definitions 2 8. Change to Divisional Headings 3 9. Omit reference to "motor" 3 10. Insertion of regulations 10−10J 3 10. Application for a permit for the purposes of Part IXA 3 10A. Conditions of permit 4 10B. Annual fee for permit 6 10C. Duration of permit 6 10D. Application for transfer or amendment of permit 6 10E. Authority may ask for more information 7 10F. Authority-initiated amendment of permit 7 10G. Surrender of permit 7 10H. Suspension of permit 8 10I. Revocation of permit 8 10J. Procedure to be followed before revocation 9 11. Minor changes concerning annual returns 10 12. Changes concerning transport certificates 10 13. Insertion of regulation 13A 10 13A. Information must be correct 11 14. Change to accredited agents provision 11 15. Changes to exemption provisions 11 16. Insertion of regulation 16A 12 16A. Matters to be considered by the Authority when granting an exemption 12 17. Changes to regulation 17 13 18. Consequential change to regulation 18 15 19. Introduction of an offence for contravening exemption conditions. 15 -- 1 of 25 -- Regulation Page ii 20. Insertion of regulation 20A 15 20A. Amendment of exemption 16 21. Minor change to regulation 21 16 22. Insertion of regulation 21A 16 21A. Procedure to be followed before amendment or revocation under this Part 17 23. Insertion of regulation 31 17 31. Delay before conditions apply to existing permits 17 24. Insertion of Schedule 3 18 SCHEDULE 3—Additional vehicle requirements for certain prescribed wastes 18 ═══════════════ ENDNOTES 23 -- 2 of 25 -- 1 STATUTORY RULES 2000 S.R. No. 92/2000 Environment Protection Act 1970 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 The Governor in Council makes the following Regulations: Dated: 26 September 2000 Responsible Minister: SHERRYL GARBUTT Minister for Environment and Conservation HELEN DOYE Clerk of the Executive Council 1. Purpose The purpose of these Regulations is to amend the Environment Protection (Prescribed Waste) Regulations 1998— (a) to provide for the issue, operation, transfer, surrender, amendment, suspension and revocation of permits to transport prescribed waste and prescribed industrial waste; and (b) to make changes concerning the granting of exemptions under those Regulations; and (c) to make various other amendments to those Regulations. -- 3 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 2 2. Authorising provisions These Regulations are made under Part IXA and section 71 of the Environment Protection Act 1970. 3. Principal Regulations In these Regulations the Environment Protection (Prescribed Waste) Regulations 1998 1 are called the Principal Regulations. 4. Commencement These Regulations come into operation on 1 October 2000. 5. Change to purpose For regulation 1(c) of the Principal Regulations substitute— "(c) provide for exempting persons from the requirements of sections 19A(3A), 20(3A) and 53A of the Act and Part 4 of these Regulations.". 6. Substitution of regulation 2 For regulation 2 of the Principal Regulations substitute— "2. Authorising provisions These Regulations are made under Part IXA and section 71 of the Environment Protection Act 1970.". 7. Definitions In regulation 5 of the Principal Regulations, insert the following definitions— ' "permit" means a permit to transport prescribed waste or a permit to transport prescribed industrial waste; r. 2 -- 4 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 3 "prescribed fee" means the relevant fee prescribed in the Environment Protection (Fees) Regulations 19912 ;'. 8. Change to Divisional Headings In Part 3 of the Principal Regulations— (a) in the heading to Division 1, before "Prescribed Waste" insert "Permit to Transport"; (b) in the heading to Division 2, after "Waste" insert "Requirements". 9. Omit reference to "motor" In regulation 8 of the Principal Regulations omit "motor" (wherever occurring). 10. Insertion of regulations 10 −10J For regulation 10 of the Principal Regulations substitute— "10. Application for a permit for the purposes of Part IXA (1) An application by a person for a permit under section 53A of the Act must— (a) be made to the Authority; and (b) be made in a form and manner required by the Authority; and (c) be accompanied by the prescribed fee for the permit. (2) In addition to the other matters the Authority must or may consider, in assessing an application the Authority must have regard to whether the person applying for the permit has a relevant financial assurance in place. r. 8 -- 5 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 4 (3) The Authority must issue, or refuse to issue, a permit within 21 days after receiving— (a) an application for the permit that complies with sub-regulation (1); or (b) any extra information asked for under regulation 10E— whichever is the later. 10A. Conditions of permit (1) In addition to any conditions specified on a permit by the Authority, a permit is subject to the following conditions— (a) no wastes other than those listed in the permit are to be transported under the permit; (b) a legible copy of the permit must be carried in the cabin of each vehicle covered by the permit at all times; (c) in the case of a vehicle that is covered by the permit being towed, a legible copy of the permit must be carried in the cabin of the towing vehicle; (d) a legible copy of the permit must be produced to an authorized officer upon demand; (e) the permit holder must advise the Authority as soon as is practicable of any change in the information taken into consideration by the Authority in granting the permit; (f) the permit holder must ensure that when a vehicle covered by the permit is used to transport prescribed waste— r. 10 -- 6 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 5 (i) that the prescribed waste does not escape, spill or leak from the vehicle at any time; (ii) that prescribed wastes of different types are not transported together unless they are compatible with each other; (iii) that the prescribed waste is compatible with the containers used to contain the prescribed waste; (iv) that only drivers who have undertaken training approved by the Authority drive the vehicle; (v) that the vehicle meets any requirements pertaining to it under Schedule 3; (g) the permit holder must ensure that a vehicle covered by the permit is not used to transport prescribed waste that must be placarded in accordance with Part A or Part C of Schedule 3 in or through— (i) any tunnel which forms a part of the City Link Road; or (ii) any carriageway that forms an entrance ramp to such a tunnel; or (iii) that part of the eastbound carriageway of the West Gate Freeway east of the Power Street exit in South Melbourne; or r. 10 -- 7 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 6 (iv) that part of the westbound carriageway of the Monash Freeway west of the Batman Ave exit, Melbourne. (2) The condition specified by sub-regulation (1)(g) does not apply with respect to a vehicle only transporting any of the prescribed wastes listed in clause 5 of Schedule 3. 10B. Annual fee for permit The prescribed fee in respect of a permit (other than a temporary permit) is due and payable on the day on which it is issued and on each anniversary of that day. 10C. Duration of permit A permit remains in force for the period specified in the permit or, if no period is specified in the permit, until it is revoked, suspended or surrendered. 10D. Application for transfer or amendment of permit (1) A person may apply to the Authority for a permit to be transferred or amended. (2) An application for a transfer or amendment of a permit must— (a) be made in a form and manner approved by the Authority; and (b) be accompanied by the prescribed fee for transfer or amendment, if any. r. 10 -- 8 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 7 (3) The Authority must transfer or amend, or refuse to transfer or amend, a permit within 21 days after receiving— (a) an application for the transfer or amendment that complies with sub- regulation (2); or (b) any extra information asked for under regulation 10E— whichever is the later. 10E. Authority may ask for more information (1) The Authority may ask a person who has made an application under regulation 10 or 10D for more information concerning the application if the information is necessary to enable the Authority to properly assess the application. (2) The Authority may refuse the application if the person does not give the Authority the extra information asked for within a reasonable time of being asked for the information. 10F. Authority-initiated amendment of permit (1) If the information taken into consideration by the Authority in granting or transferring a permit has changed, the Authority may vary the permit to take account of the changed circumstances. (2) The Authority may make an administrative change to the content or format of a permit that does not alter the obligations of the permit holder by giving the permit holder written notice of the change. 10G. Surrender of permit r. 10 -- 9 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 8 (1) A permit holder may surrender a permit by returning the permit to the Authority with a notice signed by the permit holder stating that the permit holder surrenders the permit. (2) If a permit is surrendered more than 30 days before the date the next annual fee is due, the Authority must refund to the person who held the permit the unexpired portion of the current annual fee, calculated to the nearest day. 10H. Suspension of permit (1) The Authority may suspend a permit during any time— (a) the current business address of the permit holder is unknown; or (b) the annual permit fee remains unpaid. (2) The Authority may suspend a permit, for a specified period of up to 30 days, if it has reasonable grounds for believing that the permit holder has not complied with any obligation imposed on the permit holder by these Regulations or has not complied with a condition specified in the permit. 10I. Revocation of permit The Authority may revoke a permit if it is satisfied that— (a) any information supplied by the permit holder in applying for the permit was false or misleading; or (b) any other information taken into consideration by the Authority in issuing the permit has changed and the continued use of the permit is likely to r. 10 -- 10 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 9 result in an unacceptable risk of damage to the environment; or (c) the permit holder has not complied with any obligation imposed on the permit holder by these Regulations or has not complied with a condition specified in the permit; or (d) the permit holder has, since the permit was issued, been found guilty of one or more relevant offences (as defined in section 20C(1) of the Act) and, as a result the person is, in the opinion of the Authority, no longer a fit and proper person to hold a permit. 10J. Procedure to be followed before revocation (1) Before revoking a permit, the Authority— (a) must give the holder of the permit a written notice— (i) that gives details of the action the Authority intends to take; and (ii) that gives the reasons why the Authority intends to take that action; and (iii) that invites the permit holder to comment on the Authority's proposed course of action within the time specified in the notice; and (b) must consider any comments that are made by the permit holder within the time specified. (2) The Authority must not specify a period of less than 7 days under sub-regulation (1)(a)(iii).". r. 10 -- 11 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 10 11. Minor changes concerning annual returns For regulation 12(4) of the Principal Regulations substitute— "(4) A prescribed industrial waste producer who is exempted under regulation 16(1)(b) must lodge an annual return in accordance with this regulation. (5) Subject to sub-regulation (4), this regulation does not apply to a prescribed industrial waste producer who arranges for the removal from the waste producer's premises, and the transport, of 5 or less consignments of prescribed industrial waste in the return period. (6) This regulation does not apply to a prescribed industrial waste producer on whose behalf an accredited agent authorised under regulation 15(1)(e) has lodged an annual return.". 12. Changes concerning transport certificates (1) At the foot of regulation 13(1) of the Principal Regulations insert— "Penalty: 20 penalty units.". (2) At the foot of regulation 13(2) of the Principal Regulations insert— "Penalty: 20 penalty units.". (3) In regulation 13(6) of the Principal Regulations, for "8 penalty units" substitute "20 penalty units". (4) In regulation 13(7) of the Principal Regulations, for "8 penalty units" substitute "20 penalty units". 13. Insertion of regulation 13A r. 11 r. 13 -- 12 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 11 After regulation 13 of the Principal Regulations insert— "13A. Information must be correct A person who must comply with regulation 13(1), (2), (6) or (7) must ensure that any information supplied on a transport certificate under those provisions is correct. Penalty: 20 penalty units.". 14. Change to accredited agents provision After regulation 15(1)(d) of the Principal Regulations insert— "(e) authorise an accredited agent to lodge an aggregated annual return, for the purposes of regulation 12, with the Authority on behalf of all prescribed industrial waste producers with which the accredited agent has an agreement or arrangement.". 15. Changes to exemption provisions (1) For regulation 16(1) of the Principal Regulations substitute— "(1) The Authority may— (a) exempt a person or class of persons from complying with section 19A(3A) or 20(3A) of the Act; (b) exempt a person or class of persons from complying with regulations 13 and 14; (c) exempt a person or class of persons from complying with section 53A of the Act.". -- 13 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 12 (2) For regulation 16(3) of the Principal Regulations substitute— "(3) If a person or class of persons is exempted under sub-regulation (1)(b), a person who transports waste for that person or class of persons, or receives waste from that person or class of persons, or produces waste which that person or class of persons transports or disposes of, is exempted from complying with regulations 13 and 14 with respect to that waste.". 16. Insertion of regulation 16A After regulation 16 of the Principal Regulations insert— "16A. Matters to be considered by the Authority when granting an exemption In considering whether to grant an exemption, the Authority must have regard to— (a) the likelihood of an unacceptable risk of damage to the environment; (b) any applicable waste minimisation plans or waste management plans; (c) any applicable national environment protection measure made by the National Environment Protection Council; (d) any applicable State environment protection policy or industrial waste management policy; (e) the potential for diversion of the type of waste to a higher value use; (f) any recognised specifications or standards for the prescribed industrial r. 16 -- 14 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 13 waste used for, or the product or material resulting from, the reuse or recycling of the waste or the recovery of energy from the waste; (g) commonly or best available technologies, methods or processes for reuse or recycling of the waste or recovery of energy from the waste; (h) current best practice environmental management guidelines appropriate to the particular waste or industry and current best practice environmental management for the type of waste; (i) the likelihood of the interests of any other person being adversely affected; (j) any other information provided to the Authority.". 17. Changes to regulation 17 (1) In regulation 17(1) of the Principal Regulations, after "exempted" insert ", or to have an exemption amended,". (2) In regulation 17(2) of the Principal Regulations— (a) after "application" omit "must"; (b) in paragraph (a), before "be" insert "must"; (c) for paragraphs (b), (c) and (d) substitute— "(b) must be accompanied by— (i) a description of the prescribed industrial waste, including its contaminants and contaminant concentrations and its physical state; (ii) a description of any hazardous characteristics of the prescribed r. 17 -- 15 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 14 industrial waste, including an indication as to whether it is explosive, flammable, oxidising, poisonous, infectious, corrosive or ecotoxic or contains organic peroxides or is capable of spontaneous combustion or reactions which generate hazardous substances; (iii) details of the proposed form of storage, reuse, recycling, energy recovery, reprocessing, treatment or disposal of the prescribed industrial waste; (iv) details of the measures to be taken to ensure the applicant's proposal is not likely to result in an unacceptable risk of damage to the environment; and (v) in the case of an application for exemption under regulation 16(1)(a), details of the reuse, recycling or energy recovery operations, including the rate of waste input and a description of the process and waste storage.". (3) After regulation 17(2) of the Principal Regulations insert— "(2A) The Authority may request the applicant to provide the following information— (a) the quantity of prescribed industrial waste expected to be dealt with over a 12 month period; (b) the origin of the prescribed industrial waste expected to be dealt with over the r. 17 -- 16 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 15 period of the exemption, including, if known, the name and address of the prescribed industrial waste producer, the place of production and the type of activity resulting in its generation; (c) any waste minimisation plans or waste management plans prepared by or for the applicant; and (d) in the case of an application for exemption under regulation 16(1)(b), the names and addresses of the proposed waste receivers, waste reusers, waste recyclers or recoverers of energy.". (4) In regulation 17(3) of the Principal Regulations, for "The" substitute "In addition to any information requested under sub-regulation (2A), the". 18. Consequential change to regulation 18 In regulation 18 of the Principal Regulations— (a) in sub-regulation (1) omit "(1)"; (b) sub-regulation (2) is revoked. 19. Introduction of an offence for contravening exemption conditions At the end of regulation 20 of the Principal Regulations insert— "(2) A person must not contravene any condition imposed in relation to an exemption granted under this Part. Penalty: 20 penalty units.". 20. Insertion of regulation 20A r. 18 r. 20 -- 17 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 16 After regulation 20 of the Principal Regulations insert— "20A. Amendment of exemption (1) The Authority may amend any exemption granted under this Part if it is satisfied that— (a) the amendment is necessary or desirable in the light of changes to the circumstances that existed at the time the Authority granted the exemption; and (b) amending the exemption will not result in an unacceptable risk of damage to the environment. (2) If the Authority amends an exemption it must— (a) publish the amended exemption in the Government Gazette and in a newspaper circulating generally throughout Victoria; and (b) notify the person whose exemption was amended within 7 days after the amendment.". 21. Minor change to regulation 21 After regulation 21(1)(c) of the Principal Regulations insert— "; or (d) the activities in respect of which the exemption was granted have ceased.". 22. Insertion of regulation 21A r. 22 -- 18 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 17 After regulation 21 of the Principal Regulations insert— "21A. Procedure to be followed before amendment or revocation under this Part (1) Before amending or revoking an exemption granted under this Part, the Authority— (a) must give the holder of the exemption a written notice— (i) that gives details of the action the Authority intends to take; and (ii) that gives the reasons why the Authority intends to take that action; and (iii) that invites the holder of the exemption to comment on the Authority's proposed course of action within the time specified in the notice; and (b) must consider any comments that are made by the holder of the exemption within the time specified. (2) The Authority must not specify a period of less than 7 days under sub-regulation (1)(a)(iii).". 23. Insertion of regulation 31 After regulation 30 of the Principal Regulations insert— "31. Delay before conditions apply to existing permits (1) This regulation applies to any permit that was in force on the day regulation 10 of the Environment Protection (Prescribed Waste) -- 19 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 18 (Amendment) Regulations 2000 came into operation. (2) If the permit was not, immediately before that day, subject to any particular condition listed in regulation 10A, the holder of the permit need not comply with that condition before 1 April 2001. (3) If the permit was, immediately before that day, subject to any particular condition that was directed at the same subject matter as a condition listed in regulation 10A, the holder of the permit need not comply before 1 April 2001 with the condition imposed by regulation 10A. (4) Sub-regulation (3) ceases to apply with respect to a condition if the Authority removes the condition from the permit.". 24. Insertion of Schedule 3 After Schedule 2 to the Principal Regulations insert— "SCHEDULE 3 Regulation 10A ADDITIONAL VEHICLE REQUIREMENTS FOR CERTAIN PRESCRIBED WASTES PART A 1. Vehicles must be placarded (1) A vehicle transporting prescribed waste, in a quantity of 1000 litres or kilograms or more, which can also be classified as dangerous goods under the Road Transport (Dangerous Goods) Act 1995 must have a class label and Emergency Information Panel fixed on it in accordance with the requirements of the Road Transport (Dangerous Goods) Act 1995 or as depicted in Part B of this Schedule. r. 24 -- 20 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 19 (2) Despite sub-clause (1), a vehicle transporting any volume of wastes from the production, preparation and use of pharmaceutical products which can also be classified as Class 6.1 dangerous goods under the Road Transport (Dangerous Goods) Act 1995 must have a class label fixed on it in accordance with the requirements of the Road Transport (Dangerous Goods) Act 1995 but need not have an Emergency Information Panel fixed on it. (3) A vehicle transporting any volume of wastes from the production, preparation and use of pharmaceutical products that are also cytotoxic wastes must also display the cytotoxic symbol depicted in Figure 1 in white on a purple background— Figure 1. 2. Transporting Prescribed Waste in Bulk (1) A vehicle transporting bulk prescribed waste must be placarded in accordance with the requirements of the Road Transport (Dangerous Goods) Act 1995 for dangerous goods in bulk. (2) For the purpose of this clause, bulk prescribed waste is prescribed waste that is being transported in a tipper, tanker or container with a capacity of 1000 litres or kilograms or more of prescribed waste. 3. Packaged Prescribed Waste (1) A vehicle transporting packaged prescribed waste of an aggregate net quantity of 1000 litres or kilograms or more must be placarded in accordance with the requirements of the Road Transport (Dangerous Goods) Act 1995 for packaged dangerous goods. (2) For the purpose of this clause, packaged prescribed waste is prescribed waste that is being transported in packages or in containers with a capacity less than 1000 litres or kilograms. r. 24 -- 21 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 20 (3) When prescribed waste is being transported, the packages or combination of packages must be marked and packaged in a manner approved by the Authority. 4. Requirements for emergency situations (1) A vehicle transporting prescribed waste must comply with the safety equipment requirements of the Road Transport (Dangerous Goods) Act 1995. (2) A vehicle transporting prescribed waste must comply with the emergency information requirements of the Road Transport (Dangerous Goods) Act 1995. PART B 5. Prescribed Wastes displaying 30XY Emergency Information Panel (1) A vehicle transporting the following prescribed wastes in bulk must display the 30XY Emergency Information Panel depicted in Figure 2— (a) animal and vegetable oils and derivatives; (b) animal effluent and residues including abattoir effluent and poultry and fish processing wastes; (c) grease interceptor trap effluent; (d) inert sludges or slurries; (e) non-toxic salts; (f) vegetable, fruit, food processing effluent; (g) vehicle, machinery and industrial plant washwaters with or without detergents; (h) waste oil and mixtures or emulsions and hydrocarbon and water mixtures or emulsions; (i) waste oils unfit for their original intended use. (Clause 5(1) of Sch. 3). Figure 2. r. 24 -- 22 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 21 (2) Class labels are not to be displayed when a 30XY Emergency Information Panel is displayed in accordance with sub-clause (1). (3) The 30XY Emergency Information Panel must comply with the dimensions (in millimetres) specified in Figure 2. (4) This clause only applies to prescribed wastes listed in sub- clause (1) to which Part A does not apply. PART C 6. Clinical and related wastes (1) A vehicle transporting any volume of clinical and related wastes must have the class label depicted in Figure 3 in black on a yellow background fixed on the front and rear of the vehicle. Figure 3. (2) When clinical and related wastes are being transported, the packages or combination of packages must be marked and packaged in a manner approved by the Authority.". r. 24 r. 24 -- 23 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 22 ═══════════════ -- 24 of 25 -- S.R. No. 92/2000 Environment Protection (Prescribed Waste) (Amendment) Regulations 2000 23 ENDNOTES 1 Reg. 3: S.R. No. 95/1998. 2 Reg. 7 def. of "prescribed waste": S.R. No. 228/1991. Endnotes -- 25 of 25 --