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Environmental Management and Pollution Control (Controlled Waste Tracking) Regulations 2010

Overview

The Environmental Management and Pollution Control (Controlled Waste Tracking) Regulations 2010, also known as the CWT Regulations, are used to regulate the movement of controlled waste within Tasmania. Controlled waste is the most hazardous category of waste and requires special management.

The Regulations provide a legal basis for the EPA’s proposed Controlled Waste Tracking System (CWTS).

The CWT Regulations were made under section 102 of the Environmental Management and Pollution Control Act 1994 and most provisions came into effect on 17 February 2010.

Legislation Online

The CWT Regulations are available on line at Tasmania’s The Law website.

Provisions

Provisions of the CWT Regulations include:

  • registration of controlled waste handlers (producers, transporters, agents and receiving facility operators);
  • requirements for, and issuing of, controlled waste tracking certificates;
  • tracking requirements for the movement of controlled waste within Tasmania;
  • requirements for collection and disclosure of tracking information;
  • exemption provisions; and
  • miscellaneous provisions (appointment of agents, unauthorised handling, certificate defacement, false/misleading statements and safe transportation).

Review

Further amendments are being considered to the registration and miscellaneous provisions of the Regulations as a result of operational experience to date. New provisions relating to interstate controlled waste movements that take place under the National Environment Protection (Movement of Controlled Waste between States and Territories) Measure are also being considered.

The Director, Environment Protection Authority has issued a general exemption from most of the waste tracking requirements of the Regulations (Part 3). The exemption will remain in effect until the CWTS commences operation.

Background

Regulations for controlled waste tracking were first proposed in 2000. Important consultations with the waste industry on various options were undertaken during 2005 to 2008.

Following this, regulations were drafted, and they were exempted from a full regulatory impact assessment under the Subordinate Legislation Act 1992, as they were broadly similar to controlled waste tracking legislation in other Australian jurisdictions. The Regulations were made and came into effect in February 2010.