Interstate movements of controlled waste (including the Tasmanian leg of such movements) are controlled under the National Environment Protection (Movement of Controlled Waste between States and Territories) Measure (2004) (the Controlled Waste NEPM).
A separate system of applications and approvals applies to interstate movements, as opposed to intrastate movements (i.e. movements originating and ending within Tasmania) which are managed under the Environmental Management and Pollution Control (Controlled Waste Tracking) Regulations 2010 (the Controlled Waste Tracking Regulations). View here for more information on roles and responsibilities of controlled waste handlers undertaking intrastate movements .
The Controlled Waste Tracking Regulations only apply to intrastate controlled waste movements, and entirely exclude interstate controlled waste movements, i.e. movements to which the Controlled Waste NEPM applies
Approval of Transporters and Agents
Interstate (NEPM) movements of controlled waste are a level 2 activity under the Environmental Management and Pollution Control Act 1994 (EMPCA). Transporters and agents undertaking interstate movements must hold a Waste Transport Business Environment Protection Notice (WTB-EPN) issued under section 27 of EMPCA.
An exception to this requirement is made where the waste transport business has its principal place of business in another State or Territory and holds an equivalent notice, registration, approval or licence under equivalent legislation in that State or Territory with authorisation for transport of the relevant controlled waste.
Transporters and agents undertaking intrastate movements must be registered under the Regulations. This has superseded the requirement to hold a WTB-EPN issued under EMPCA. WTB-EPNs ceased to have effect on 12 April 2010 as far as they relate to intrastate movements.
Approval of Producers and Receiving Facility Operators
For interstate (NEPM) movements, producers and receiving facility operators are assessed on a case-by-case basis. Assessment will be facilitated, however, where a producer or receiving facility operator is already registered under the Regulations or is otherwise regulated by the EPA.
All producers and receiving facility operators must be registered under the Controlled Waste Tracking Regulations for the purposes of intrastate movements.
Controlled Waste Tracking
Producers and agents undertaking interstate (NEPM) movements of controlled waste must obtain a waste transport certificate from the Director of the EPA for outgoing movements. For incoming movements the waste producer or agent in the State or Territory of origin must obtain a consignment authorisation from the Director of the EPA before the waste movement begins.
The waste transport certificate or consignment authorisation covers the Tasmanian leg of an outgoing or incoming waste movement respectively, i.e. there is no need to additionally obtain a controlled waste tracking certificate under and Controlled Waste Tracking Regulations.
There is an exception to the above that transporters and agents must be aware of. The waste transport certificate or consignment authorisation for a NEPM movement covers the Tasmanian leg of an outgoing or incoming waste movement only where the waste remains on the vehicle.
In the case of an outgoing movement, where the waste is collected but then off-loaded and stored temporarily at a depot or other location before being transferred on to the port, the first leg of transport is an intrastate movement. The transporter or agent must be registered under the Controlled Waste Tracking Regulations.
The NEPM movement begins when the waste is transferred on to the port. In the case of an incoming movement, where the waste is collected from the port but then off-loaded and stored temporarily at a depot other location before being delivered to the receiving facility, the NEPM movement ceases when the waste is off-loaded at the transfer depot.
This does not apply however, where waste is temporarily stored at the port – that is included in the NEPM movement.
Application Processes for Interstate Waste Movements
Tasmanian-based persons and organisations that wish to undertake interstate controlled waste transport, either as a transporter or agent, must apply to the Director of the EPA for a WTB-EPN where they do not already possess a current one. Application is to be made by letter to the Director and should first be discussed with the Waste Tracking Officer in the EPA Division. For further information contact the EPA Division.
For outgoing movements, a waste producer or agent must obtain and complete a NEPM waste transport certificate. Certificates are available from the Waste Tracking Officer in the EPA Division. The completed waste transport certificate and copies must be forwarded as directed on the certificate.
The producer or agent must also obtain a NEPM consignment authorisation from the environment protection agency in the State or Territory of destination (this is an authorisation for transport of the waste into that State or Territory). A producer or agent uncertain about which agency to contact in the State or Territory of destination should seek advice from the Waste Tracking Officer in the EPA Division.
For incoming movements, the waste producer or agent in the State or Territory of origin must obtain a consignment authorisation from the Director of the EPA before the waste movement begins. An application form must be completed and forwarded to the EPA Division (address details on the form). A waste transport certificate will be issued by the State or Territory of origin and the completed certificate and copies must be forwarded as directed on the certificate.