EPA proposed regulatory changes for 2017

New minimum standards for managing construction and demolition waste in NSW – EPA Consultation Paper

On 21 October 2016, the EPA released a Consultation Paper titled New minimum standards for managing construction and demolition waste in NSW. You may view it online via the following link: http://www.epa.nsw.gov.au/resources/wasteregulation/nsw-managing-construction-demolition-waste-minimum-standards-160545.pdf

We thought it would be beneficial to draw your attention to some of the proposed changes listed below.

1.    Repeal of the Proximity Principle offence in clause 71 of the Protection of the Environment Operations (Waste) Regulation 2014 (NSW).

a.    The paper states that “enforcement is challenging and new tools are needed to address the continued transport of waste”.

b.    There will be new penalties for not reporting interstate transport of waste ($7,500 for corporations and $3,750 for individuals).

c.    This means that businesses will be able to lawfully transport waste more than 150kms.

2.    Licencing of intermodal facilities

a.    Facilities at which waste is transferred between vehicles or modes of transport will be required to be licenced. This includes rail facilities.

3.    Clarification of the application of transported waste deductions

a.    This amendment proposes to include the requirement for waste facilities claiming a transported waste deduction to provide evidence of the lawfulness of the receiving facility. Evidence will include proof of a relevant Environment Protection Licence, development consent and weighbridge dockets.

4.    Clarification on the waste levy payment obligations

a.    This amendment proposes to clarify that where a levy is paid, it will be refunded when that waste is sent off site to a lawful facility.

5.    Inspection and sorting requirements at licenced construction and demolition waste facilities, including:

a.    Mandatory written procedures;

b.    Dedicated on-site storage areas for materials;

c.    Incoming inspection requirements;

d.    Sorting requirements; and

e.    Processing requirements.

6.    Clarification on asbestos requirements

a.    This amendment proposes to include the requirement that asbestos is to be transported in a fully covered and leak-proof container.

7.    Requirement to undertake mandatory annual volumetric surveys

a.    It is proposed that this requirement will be removed for particular facilities.

It is proposed that these changes will be legislated from 1 March 2017.

If you wish to make any submissions on the Consultation Paper, please let us know. The consultation period closes on 17 November 2016. For more information on the consultation process go to http://www.epa.nsw.gov.au/wasteregulation/managing-construction-demolition-waste-minimum-standards.htm

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