Protection of the Environment Operations (Waste) Regulation 2014
The EPA has led important reforms to the way waste is managed in NSW, to better protect the environment and the community for the future. The EPA has raised standards across the industry, tightened the rules, and strengthened deterrence to ensure operators do the right thing.
Leadership for a modern waste industry
During 2013-14 the EPA carried out an extensive review and consultation process on NSW's waste regulatory framework. The result was the Protection of the Environment Operations (Waste) Regulation 2014 (the Waste Regulation).
The Waste Regulation improves the EPA’s ability to protect human health and the environment, and paves the way for a modern and fair waste industry in NSW. The EPA rolled out the new rules stipulated under the Waste Regulation in stages over 2014-2017.
These changes include amended thresholds for environment protection licences and reforms to the waste levy system.
Waste levy guidelines
The Waste Regulation is supported by the Waste levy guidelines (PDF 320KB). These guidelines specify how to measure waste to calculate waste levy liability, the deductions waste operators can claim, and the EPA's requirements for records, surveys and reports.
Read more about the waste levy.
Main new provisions of the Waste Regulation
| Main change | Issue addressed |
|---|---|
| Improving resource recovery exemptions | Clarifies obligations of generators, processors and consumers of waste materials. |
| Prescribed wastes for land pollution offence | Makes it an automatic offence for a person who pollutes land with certain types of waste. |
| Improving immobilisation of high-risk contaminants | Clearly identifies responsibilities of generators and processors of immobilised waste, including recipient landfill. |
| Land pollution defence for unlicensed landfills | Introduces a land pollution defence at unlicensed landfills for operators who maintain certain minimum operational standards. |
| Additions to operational purpose deductions | Expands the range of materials eligible for a levy deduction. |
| Reduced licensing thresholds for waste activities | Lowers thresholds for licensing to ensure a level playing field across the waste industry. |
| Waste tracking for waste transported outside NSW | Allows the EPA to efficiently, cost-effectively gather robust data on waste movements. |
| Waste tyre monitoring and licensing | Addresses compliance issues regarding unlawful transport, storage and disposal of end-of-life tyres. |
| Asbestos waste monitoring requirements | Increases the EPA’s oversight of the removal, transport and disposal of asbestos waste. |
| Reforming the waste levy framework | Stops rogue operators who pretend to recycle but instead simply stockpile or dispose of waste illegally; makes the system fairer for operators who do the right thing. |
| New reporting requirements for waste facilities | Provides the reliable, up-to-date data that is essential to continue developing and evaluating effective waste policies. |
Exemption notices
The EPA published the following exemptions in the NSW Government Gazette, in accordance with clause 91 of the Waste Regulation.
- Records, measurement of waste and monitoring at scheduled waste facilities (PDF 17KB)
- Periodic volumetric surveys of landfill sites outside the regulated area (PDF 12KB)
- Weighbridges at landfills which received < 5,000t of waste in 2013/14 whose occupiers are required to pay waste contributions (PDF 58KB)
- Weighbridges at small landfills whose occupiers are required to pay waste contributions (PDF 11KB)
- Weighing small vehicles at facilities whose occupiers are required to install a weighbridge (PDF 23KB)
- Use of stored tare weights at facilities whose occupiers are required to install a weighbridge (PDF 71KB)
- Record keeping requirements for trackable liquid waste (PDF 12KB)
- Application of proximity principle to transportation in the course of business – Category 1 trackable waste (PDF 10KB)
Other notices
Supporting documentation
- Regulatory Impact Statement (Consultation): Proposed Protection of the Environment Operations (Waste) Regulation 2014 (PDF 930KB)
- Supplementary Regulatory Impact Statement (PDF 109KB)
- NSW waste regulation cost benefit analysis (PDF 795KB) undertaken by The Centre for International Economics.
- Updated cost benefit analysis (PDF 796KB)
- Waste levy benchmark requirements (PDF 217KB)
- Weighbridge requirements for levy liable waste facilities (PDF 35KB)
- Waste Levy Guidelines (PDF 320KB)