The following information does not describe requirements for the transport of controlled wastes.
Other handling of controlled waste (production, receipt, storage, reuse, recycling, reprocessing, salvage, incineration, treatment, disposal or use for energy recovery) requires approval in accordance with the
Environmental Management and Pollution Control (Waste Management) Regulations 2020 (the Waste Management Regulations).
It is the responsibility of waste producers, agents acting on the behalf of waste producers and receiving facility operators to accurately classify their wastes for appropriate management options. Note that a 'producer' may not be the original generator of the waste. The term includes anyone who has possession of waste and wishes to consign it for disposal, treatment, recycling, etc.
Various types of controlled waste handling approvals are acceptable under the Waste Management Regulations. The approval must contain specific conditions in relation to the phase of waste handling and the type of controlled waste in question. Types of approval are as follows:
A permit under the
Land Use Planning and Approvals Act 1993 may be granted in response to a development application to a council for either a Level 1 or a Level 2 activity as defined in the
Environmental Management and Pollution Control Act 1994 (EMPCA). If an existing permit does not contain appropriate waste handling conditions the activity operator may apply to the council or the EPA for a variation of the conditions.
Environmental Protection Notice (EPN)
An EPN may be issued either by a council or by the EPA, depending on whether the activity is Level 1, Level 2 or another activity. The EPN may impose activity operating requirements and restrictions, including those that relate directly to controlled waste handling. If an existing EPN does not contain appropriate waste handling conditions the activity operator may apply to the council or the EPA for a variation of the conditions.
Under regulation 21 of the
Environmental Management and Pollution Control (Waste Management) Regulations 2020 persons may apply to the Director, EPA for an environmental approval for the handling, production, receipt, storage, reuse, recycling, reprocessing, salvage, incineration, treatment, disposal or use for energy recovery of controlled waste and the disposal of general waste.
Regulation 21 approvals are granted under the Regulations where no other approval exists for the environmental aspects of a proposed activity.
Approved Management Method (AMM), national agreement, or a National Environment Protection Measure (NEPM)
Waste handling may be taken to be approved if the waste handler complies with the provisions of a relevant
Approved Management Method (AMM) made by the Director, a national agreement to which Tasmania is a signatory or a National Environment Protection Measure (NEPM).
Approved Management Methods (AMMs) specify the management requirements associated with individual waste types. There are currently three AMMs:
Where an individual authorisation for the treatment, re-use or disposal of a waste, which includes a controlled waste, is required, it will be assessed and approved on a case by case basis by the Director, EPA ('the Director') or the Director’s delegate. Information Bulletin 105: The Classification and Management of Contaminated Soil for Disposal defines the criteria used by the EPA for the classification of contaminated soil and may be applicable to the classification of other solid waste material on an 'as needs basis'.
Required information for an application
Any application for approval to handle a controlled waste (either to EPA Tasmania or a council) will require information including:
- Contact details including name, address, email and telephone number of the waste producer and/or receiving facility operator
- Type of waste to be disposed of, treated, recycled, etc
Controlled waste category code
- Volume / size of the waste
- Where the waste came from and its original purpose
- Where the waste currently is
- How the waste will be transported to the receiving facility (if applicable)
- Any analytical testing results from the laboratory (if applicable)
- Any additional information such as sampling maps etc
- The receiving facility where the waste will be forwarded (producers only).
Certain exceptions apply under the controlled waste provisions of the Waste Management Regulations. The Regulations will not be contravened when the controlled waste is:
The above exceptions apply only to the Waste Management Regulations. Requirements for the handling of controlled waste may be imposed separately under other EMPCA instruments or under other legislation (e.g. in relation to dangerous goods and work safety), and these must be complied with. Similarly, where an approval for controlled waste handling is required and obtained under the Waste Management Regulations, the provisions of other instruments and legislation must still be complied with.