Government of Western Australia CONTROLLED WASTE Department of Environment Regulation FACT SHEET

What is controlled waste?

Under the Environmental Protection (i) recycling, reprocessing, (Controlled Waste) Regulations 2004 (the recovery, reuse, or purification Regulations): by a separate operation from 2. Controlled waste means any that which produced the matter; matter that is— or (a) within the definition of waste in (ii) sale, the NEPM for the Movement of whether of any value or not. Controlled Waste between States and Territories;* and Is my waste a controlled (b) listed in Schedule 1… waste? To determine if waste is a controlled 3.(4) Subject to subregulations (5) waste, information about its composition, and (6), these regulations apply to a pH, flashpoint and/or the process that controlled waste that is produced by or generated the waste may be required. as the result of— For some waste, knowing how it was (a) an industrial or commercial activity; generated is sufficient to establish (b) a medical, nursing, dental, whether it is a controlled waste; for veterinary, pharmaceutical or other example, waste from a septic tank. related activity; However, for certain waste, chemical (c) activities carried out on or at a analysis is needed to determine the laboratory; or composition of the waste and identify whether it is a controlled waste as listed (d) an apparatus for the treatment of in Schedule 1 of the Regulations. sewage. If a waste has been determined to be a *Under the National Environment controlled waste listed in Schedule 1 of Protection (Movement of Controlled the Regulations, it can be found on the Waste between States and Territories) waste category list—a quick-reference Measure: guide to recording controlled waste in short-form for tracking purposes. means any: Waste The waste category list classifies the (a) discarded, rejected, unwanted, controlled waste into category groups surplus or abandoned matter; or and allocates a unique alpha-numeric code to each controlled waste. (b) otherwise discarded, rejected, unwanted, surplus or abandoned The waste may also be dangerous matter intended for: goods. Regulations relating to transporting dangerous goods are separate from controlled waste

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regulations. For more information on Bulk and packaged transporting dangerous goods, contact the Resources Safety Branch of the controlled waste Department of Mines and Petroleum. Controlled waste is contained as either bulk controlled waste, or packaged Controlled waste categories controlled waste. For the purpose of tracking and Different licensing requirements apply to transporting, controlled wastes are the different containment types. grouped into 15 broad categories: A – Plating and heat treatment Bulk controlled waste B – Acids Under the Regulations: C – Bases 2. bulk controlled waste means a D – Inorganic chemicals controlled waste that is transported in a tank; E – Reactive chemicals tank means an enclosed space F – Paints, resins, inks and organic that is on, attached to or part of a sludges vehicle and used, or designed to G – Organic solvents be used, for the transportation of a liquid or gas in bulk… H – Pesticides J – Oils Packaged controlled waste K – Putrescrible and organic wastes According to regulation 2: L – Industrial wash waters packaged controlled waste means M – Organic chemicals a controlled waste that is transported N – Soils and sludge otherwise than as a bulk controlled waste… R – Clinical and pharmaceutical This may include transportation in drums, T – Miscellaneous skip bins, intermediate bulk containers Each category group has a number of (IBCs) or solid wastes such as tyres and waste types relating to the controlled contaminated soils. waste in Schedule 1. Each waste type is assigned a unique waste code; for Recycling controlled waste example, K210 – sewage waste. Regulatory requirements apply to When completing and submitting controlled waste regardless of whether controlled waste tracking information the material is being disposed, recycled, to meet regulatory requirements, this re-used or undergoing any other short-form waste code can be used to treatment process. reference the controlled waste. Exclusions The waste category list also details examples of waste that fall under each There are some circumstances where the controlled waste. Regulations do not apply to controlled wastes transported on a road. Under the Regulations these are:

What is controlled waste? 2 CONTROLLED WASTE Department of Environment Regulation FACT SHEET

3.(6) (a) Controlled waste that is Environmental Protection Act 1986, such transported on a road under the as pollution caused by the illegal disposal Radiation Safety (Transport of of controlled waste. Radioactive Substances) Regulations Note: Under the Environmental 2002. Protection Act 1986 thresholds may apply to the amount of waste stored, treated, For more information on the reused or disposed of at a waste holder’s transportation and disposal of radioactive premises. wastes contact the Radiation Health Branch of the Department of Health.

3. (6) (b) a controlled waste that may be lawfully accepted at a Class I inert landfill site, Class II putrescible landfill, or Class III putrescible landfill facility (as determined by reference to the waste types set out in the document entitled ‘Landfill Waste Classification and Waste Definition 1996’, published by the CEO and as amended from time to time… The Regulations continue to apply to asbestos, clinical waste, tyres and encapsulated, chemically fixed, solidified or polymerised controlled waste even if they meet landfill waste acceptance criteria for Class I, II or III landfill facilities. Under the Regulations other exclusions may also apply. For more information on whether exclusions apply to transporting a controlled waste, contact the Department on +61 8 6467 5000. Penalties Committing an offence under the Regulations, such as providing information that is false or misleading, may attract on-the-spot fines of $250 or $500, or a penalty of up to $5,000. Pursuant to s 40(5) of the Sentencing Act 1995, offences committed by corporations may attract a fine of up to $25,000 as determined by a court. Significantly larger penalties may result if an offence takes place under the

What is controlled waste? 3 CONTROLLED WASTE Department of Environment Regulation FACT SHEET

More information Disclaimer For advice on compliance with the The information contained in Regulations or any other controlled this document is provided by waste matter, please contact the the Department of Environment Department on +61 8 6467 5000, or Regulation (DER) in good faith, as email Controlled Waste at cwts@der. a public service. However, the DER wa.gov.au. does not guarantee the accuracy of the information contained in this This document is available in document and it is the responsibility alternative formats and other of recipients to make their own languages on request. enquiries as to its accuracy, currency and relevance. The State of Western Related documents Australia, DER and their servants and agents expressly disclaim liability, Additional publications about in negligence or otherwise, for any controlled waste and related act or omission occurring in reliance controlled waste fact sheets are on the information contained in this available online on DER’s website, document or for any consequence of or by contacting the Department on such act or omission. +61 8 6467 5000. Limitation Legislation The Western Australian Government This document is provided for is committed to providing quality guidance only. It should not be relied information to the community and upon to address every aspect of the makes every attempt to ensure relevant legislation. accuracy, currency and reliability of the data contained in this document. Please refer to the Regulations However, changes in circumstances and the Environmental Protection after the time of publication may Act 1986 available from the State Law impact on the quality of information. Publisher. Free electronic copies are Confirmation of the information available from State Law Publisher may be sought from the relevant website originating bodies or the department providing the information. DER and the State of Western Australia reserve the right to amend the content of this document at any time without notice. Legal advice The information provided to you by DER in relation to this matter does not constitute legal advice. Due to the range of legal issues potentially involved in this matter, DER recommends that you obtain independent legal advice.

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