Tracking of clinical and other specified wastes

Protection of the Environment Operations (Waste) Regulation 2005

Notice of exemption under clause 16C
Number 2001 E01

BY this notice the Environment Protection Authority (EPA) grants the following exemption.

The notice exempts the persons or classes of persons described herein from certain requirements in relation to the transportation of clinical and other specified wastes.

The terms used in this notice have the same meaning as in the Protection of the Environment Operations Act 1997 (the Act), the Protection of the Environment Operations (Waste) Regulation 1996 (the Regulation) or, where they are used in relation to an environment protection licence under the Act, the same meaning as in that licence.

  1. This exemption has effect from the date of publication and remains in force until revoked by a notice published in the Gazette.
  2. This exemption applies to the following types of waste as defined by the Act:
    1. clinical waste,
    2. cytotoxic waste,
    3. sharps waste,
    4. pharmaceuticals and poisons,
    5. radioactive waste.
  3. This notice exempts:
    1. a person carrying on a non-licensed waste activity from the requirements of clause 16 (2) (d) and (e) of the Regulation;
    2. a person carrying on a licensed waste activity from the operation of section 64 (1) of the Act in relation to the operating conditions of the licence under the part headed "Monitoring of waste movements within NSW", or any condition in a similar licence issued prior to 1 July 1999 under the Waste Minimisation and Management Act 1995 that is substantially to the same effect;
    3. a non-licensed transporter from the requirements of clause 17 (2) (g) of the Regulation;
    4. a transporter who is licensed under the Act, from the operation of section 64 (1) of the Act in relation the operating conditions in those parts of the licence: headed "Monitoring of transportation of certain wastes within NSW" and "Monitoring and reporting of waste transported by an Authorised Contractor";
    5. a person holding an environment protection licence in respect of a waste facility from the operation of section 64 (1) of the Act in relation to the conditions set out under that part of the licence headed "Monitoring of waste movements within NSW" and included in the following sub-parts:
      1. Consignment authorisation, sub-clause (b) only;
      2. Format of consignment authorisation numbers, sub-clause (c) only;
      3. Requirements when issuing a consignment authorisation number to a non-licensed waste activity;
      4. Amendments to dates of transport;
      5. Acceptance of waste;
      6. Post acceptance requirements;
      7. Confirmation of receipt;
      8. Exception reporting, sub-clauses (d) to (i) only;

        9. or any condition in a similar licence issued prior to 1 July 1999 under the Waste Minimisation and Management Act 1995 that is substantially to the same effect.

  4. The exemptions set out in paragraph 3 (a), (b), (c) have effect only if the exempted person complies with the conditions in this paragraph:
    1. the waste must be transported from the premises by an authorised contractor licensed to transport the waste;
    2. prior to the waste being transported from the premises, the consignor and the authorised contractor must have entered into a legally binding contract with each other which requires that:
      1. each load of the waste collected from the premises by the authorised contractor is transported to a consignee who is appropriately licensed or otherwise lawfully able to receive the waste;
      2. at least once every 60 days after the first collection of waste by the authorised contractor under the contract, the authorised contractor provide the consignor with documentation, which identifies for that period:
        1. the type(s) of waste collected from the premises by the authorised contractor (with the wastes identified in accordance with Schedule 1 of the Act and the relevant description set out in the Descriptions of Waste for Reporting Purposes in Technical Appendix 4 to the Waste Guidelines ); and
        2. the respective quantities of each load of the waste collected; and
        3. the place to which the waste was taken for treatment or disposal; and
        4. which certifies that all such wastes have been taken either to a waste facility which is licensed to accept the waste or to a facility which may otherwise lawfully accept the waste.
        5. the consignor must inform the EPA within 14 days if the documentation referred to in clause (ii) above is not received from the authorised contractor by the time required by clause (ii); and
        6. the parties must each retain a copy of the contract and all documentation referred to clause (ii) above for at least 4 years from the date the contract was entered into or from the date the document came into existence in the case of other documentation, and make them available for inspection by an authorised officer upon request.
        7. The exemption set out in paragraph 3 (e) has effect only if the consignee complies with the following conditions relating to the acceptance of the waste by the consignee:
        8. Prior to the waste being transported from the premises, the consignee and the consignor must have entered into a legally binding contract with each other which requires that
          1. the consignee is appropriately licensed or otherwise lawfully able to receive the waste for treatment or disposal;
          2. at least once every 60 days after the first acceptance of waste by the consignee under the contract, the consignee must provide the consignor with documentation which identifies for that period:
            1. the types of waste accepted from the consignor by the consignee (with the wastes identified in accordance with Schedule 1 of the Act and the relevant description set out in the Descriptions of Waste for Reporting Purposes in Technical Appendix 4 to the Waste Guidelines ); and
            2. the respective quantities of each load of waste received by the consignee; and
            3. the place to which the waste was taken for treatment or disposal.
          3. the consignor must inform the EPA within 14 days if the documentation referred to in clause (ii) above is not received from the consignee by the time required by clause (ii); and
          4. the parties must each retain a copy of the contract and all documentation referred to clause (ii) above for at least 4 years from the date the contract was entered into or from the date the document came into existence in the case of other documentation, and make them available for inspection by an authorised officer upon request.

Interstate movement of controlled waste

This notice does not exempt any person or any class of person from:

  1. any of the provisions in Part 6A of the Regulation (which relates to the transport of controlled waste between States and Territories), or
  2. the operation of section 64 (1) of the Act in relation to any operating or reporting condition in an environment protection licence relating to interstate movements of waste which is a controlled waste under the National Environment Protection (Movement of Controlled Wastes between States and Territories) Measure 1998.

Dangerous Goods requirements

  1. This notice does not exempt any person or class of person from any requirement under the Road and Rail Transport (Dangerous Goods) Act 1997 or the Regulations made under that Act.

Dated: 8 October 2001

LISA CORBYN
Director-General
Environment Protection Authority

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