Waste legislation
Simplified waste legislation
Changes made to the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2005 were made on 28 April 2008 which:
- simplify waste facility licensing;
- simplify waste classification;
- set clearer requirements for managing clinical and asbestos waste; and,
- introduce a framework to support genuine recovery of waste material for land application or used as fuel.
These changes were gazetted on 24 April 2008 and made under the Protection of the Environment Operations Amendment (Scheduled Activities and Waste) 2008 and can be accessed from the NSW legislation website.
The following is a summary of Acts and Regulations relevant to Waste Management and Resource Recovery. For further information on Acts and Regulations administered by the Department of Environment and Climate Change please refer to DECC legislation pages.
Acts
Protection of the Environment Operations Act 1997
The Protection of the Environment Operations Act 1997 (POEO Act) defines 'Waste' for regulatory purposes and establishes management and licensing requirements along with offence provisions to deliver environmentally appropriate outcomes. This Act also establishes the ability to set various waste management requirements via the regulation.
Waste Avoidance and Resource Recovery Act 2001
The Waste Avoidance and Resource Recovery Act 2001 (WARR Act) repeals and replaces the Waste Minimisation and Management Act 1995 and promotes waste avoidance and resource recovery by developing waste avoidance and resource recovery strategies and programs such as the extended producer responsibility scheme for industry.
Regulations
Protection of the Environment Operations (Waste) Regulation 2005
Following extensive consultation, the Protection of the Environment Operations (Waste) Regulation 2005 introduced a mechanism on 28 April 2008 for recognising genuine resource recovery in NSW. Exemptions allowing land application and thermal application of waste derived material were introduced under section 51 of the Regulation.
This Regulation also sets out provisions around the way waste is managed in terms of storage and transportation as well as reporting and record keeping requirements for waste facilities. It also provides for the contributions to be paid by the occupiers of licensed waste facilities for each tonne of waste received at the facility or generated in a particular area; exempts certain occupiers or types of waste from these contributions; and allows deductions to be claimed in relation to certain types of waste. The Regulation also makes special requirements relating to asbestos and clinical waste.