Improving resource recovery exemptions
The Protection of the Environment Operations (Waste) Regulation 2014 clarifies the obligations of generators, processors and consumers who supply or receive waste intended to be beneficially applied to land, reused as fuel or reused in connection with a process of thermal treatment. General or specific resource recovery exemptions previously applied to this waste ('exempt waste').
Under the new provisions, the EPA will now issue two separate documents, a Resource Recovery Order and a Resource Recovery Exemption, to replace each current general or specific exemption.
|Resource Recovery Orders
||Resource Recovery Exemptions
- Each 'order' will include conditions which generators and processors of exempt waste must meet to supply the waste for land application, use the waste as fuel or in connection with a process of thermal treatment.
- An order may include specifications, record-keeping, reporting and other requirements for the exempt waste.
- Generators and processors of exempt waste will be informed of the conditions of an applicable order either separately in writing, by notice in the Government Gazette or on the EPA website.
- Each 'exemption' will include conditions which consumers of exempt waste must meet to apply the waste to land, or use the waste as fuel or in connection with a process of thermal treatment.
- An exemption may include specifications, how to re-use or apply the exempt waste, record-keeping, reporting and other requirements for the exempt waste.
- If a consumer meets the conditions of the exemption they will be exempt from the specified provisions of the Protection of the Environment Operations Act 1997, which may include levy liability or EPA licensing requirements.
- Consumers will be informed of the conditions of an applicable exemption either separately in writing, by notice in the Government Gazette or on the EPA website.
Records required by a Resource Recovery Order or Resource Recovery Exemptions must be kept for 6 years.
All existing general and specific exemptions will be replaced by Resource Recovery Orders and Resource Recovery Exemptions from November 2014. Records previously required to be kept under existing general and specific exemptions must be retained.
What problem led to the change?
The previous resource recovery exemptions were often ambiguous about which requirements applied to suppliers versus consumers of exempt waste.
The changes to the regulation and the inclusion of two separate documents for the supply and re-use of exempt waste are intended to clarify these requirements.
How will this amendment affect suppliers and consumers?
The separation of requirements for supply and re-use of exempt waste allows for greater transparency and clarity for generators, processors and consumers, and enables more tailored provisions relating to sampling, testing and plant requirements.
The changes are not intended to impose significant additional requirements on generators, processors and consumers of exempt waste.
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Page last updated: 14 January 2015