Changes to the Protection of the Environment Operations (Waste) Regulation 2014 (Waste Regulation) commence on 16 November 2018.
The changes are contained in the Protection of the Environment Operations Legislation Amendment (Waste) Regulation 2018 (Amendment Regulation) (PDF 230KB)
The most significant changes are
Commencing 16 November 2018
- a prohibition on exhuming waste at current or former landfills
- increased penalty notice amounts for asbestos waste offences
Commencing 15 May 2019
- Standards for Managing Construction Waste in NSW (PDF 279KB) (Standards).
- new concessional levy rate for ‘recovered fines’ applied as daily cover at landfills
Other changes commencing on 16 November 2018 include
- improving the handling of asbestos waste
- clarifying claims for transported waste deductions
- new operational purpose deductions for bedding layers and biofilters
- clarifying how waste activities are monitored at licensed facilities
- amending the definition of land pollution
- clarifying licensing requirements for a small number of scheduled activities
- updating references to local government areas
The proposed changes complement existing waste policy in NSW, including the NSW Government's Waste Avoidance and Resource Recovery Strategy 2014-21, and the significant investment in grants and funding opportunities through the NSW Government's Waste Less Recycle More program ($802 million plus over nine years).
The changes have been developed after extensive public consultation with stakeholders including local councils, waste facility operators and industry bodies. After careful consideration, the EPA has revised the Amendment Regulation to ensure that it is as targeted and effective as possible, while also aiming to minimise any unintended adverse consequences.