The Environmental Management and Pollution Control (Waste Management) Regulations 2010, also known as the Waste Management Regulations, are used to regulate the management of controlled waste and some aspects of the disposal of general waste within Tasmania. Controlled waste is the most hazardous category of waste and requires special management. General waste is less hazardous.
The Waste Management Regulations were made under section 102 of the Environmental Management and Pollution Control Act 1994 (EMPCA) and came into effect on 3 November 2010.
The Waste Management Regulations are not used to regulate the transport of controlled waste. Controlled waste transport within Tasmania is regulated under the Environmental Management and Pollution Control (Controlled Waste Tracking) Regulations 2010.
The regulations are available online at Tasmania’s The Law website.
Provisions of the Waste Management Regulations include:
- prescribed types of controlled waste (additional to those defined in EMPCA);
- a prohibition on the handling of controlled waste without approval, including removal from a site, arranging for the removal from a site, receiving, storing, reusing, recycling, reprocessing, salvage, incineration, treatment, disposal of, or use for energy recovery;
- offences relating to the production, storage, treatment, disposal and dilution of controlled waste;
- a prohibition on the disposal of general waste to land without approval;
- offences relating to waste receiving facilities;
- a power for the EPA’s Director to issue generally applicable approved management methods for specified controlled or general waste;
- a power for the EPA’s Director to grant specific approvals for the management of controlled or general waste; and
- an exemption provision.
Regulations for waste management were first proposed in 2000 in a discussion paper on a waste management strategy for Tasmania. As a result, the Environmental Management and Pollution Control (Controlled Waste Tracking) Regulations 2000 were made and came into effect in December 2000. The 2000 regulations were due to be automatically repealed in 2010 under the provisions of the Subordinate Legislation Act 1992. The current Waste Management Regulations were made in that year and superseded the 2000 regulations. The Regulations were exempted from full regulatory impact assessment under the Subordinate Legislation Act, but consultation was conducted with key stakeholders.