Non-hazardous waste hydrocarbon oil destined for reuse

Protection of the Environment Operations (Waste) Regulation 2005

Notice of exemption granted under clause 51 in relation to waste tracking
Number: 2006-E-4

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

The notice exempts the persons or classes of persons described herein from certain requirements in relation to the transportation and tracking of waste for the purpose of facilitating the beneficial reuse of the specified waste.

The terms used in this notice have the same meaning as in the Protection of the Environment Operations Act 1997 (the Act) and the Protection of the Environment Operations (Waste) Regulation 2005 (the Regulation).

1. This exemption has effect from the date of publication and remains in force until revoked or amended by a notice published in the Government Gazette.

Waste to which this exemption applies

1. This exemption applies to non-hazardous waste hydrocarbon oil.
2. This notice exempts:
   1. a consignor;
   2. a transporter; and
   3. a receiver

   of waste to which this exemption applies from Part 3 of the Regulation, but only in so far as Part 3 applies by virtue of clause 18(1) of the Regulation.

3. An exemption under this notice has effect only if the waste is to be transported for the purpose of recycling, reprocessing or reusing the waste and to a place that can lawfully be used as a waste facility for that waste.

Conditions relating to the exemption of transporters

1. A transporter is exempt under this notice only if the transporter complies with the following conditions:
   1. for each load of waste transported, the transporter must make a record of the following:
      1. the name and address of the transporter,
      2. the transporter’s environment protection licence number- if the transporter is required to be licensed under the Act,
      3. the registration number of the vehicle used to transport the waste,
      4. the type and quantity of the waste transported,
      5. the date on which the waste is delivered to the receiver,
      6. the name and address of the receiver,
      7. the date on which the record was made.
   2. the transporter must:
      1. retain the record for a period of not less than 3 years after the date on which the record was made, and
      2. make the record available for inspection by an  authorised officer on request, and
      3. give a copy of the record to the receiver.

Conditions relating to the exemption of receivers

1. A receiver is exempt under this notice only if the receiver complies with the following conditions. The receiver must:
   1. retain the copy of the record referred to in paragraph 5 for a period of not less than 4 years after the time the record was made, and
   2. make a copy of the record available for inspection by an authorised officer on request.

Interstate movement of waste to which Part 3 applies

1. This notice does not exempt any person or class of person from Part 3 of the Regulation in so far as Part 3 applies by virtue of clause 18(2) of the Regulation.

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.

Mark Gorta
Manager Waste Management
Environment Protection Authority
(by delegation)

Date: 28 November 2006