LBR 17/00 Transport of Controlled (Trackable) Waste Between States and Territories - Environmental Protection and Other Legislation Amendment Bill 2000

In June 1998 the National Environment Protection Council developed the National Environment (Movement of Controlled Waste between States and Territories) Protection Measure. National Protection Measures oblige the States and Territories to enact legislation that will give effect to the contents of the particular Measure. The Environmental Protection and Other Legislation Amendment Bill 2000 provides for the mutual recognition of licensing of transporters carrying such interstate consignments. The Protection Measure also provides for a national system of tracking the movement of controlled waste across State and Territory borders. The Environmental Protection (Waste Management) Regulation 2000 satisfies Queensland’s obligation in this regard.

Wayne Jarred

Legislation Brief 17/00 November 2000 © Queensland Parliamentary Library, 2000 LEGISLATION BRIEF ISSN 1443-7910 ISBN 0 7242 7901 6 This Legislation Brief was prepared to assist Members in their consideration of the Bill in the Queensland Legislative Assembly. It should not be considered as a complete guide to the legislation and does not constitute legal advice. The Brief reflects the legislation as introduced. The Queensland Legislation Annotations, prepared by the Office of the Queensland Parliamentary Counsel, or the Bills Update, produced by the Table Office of the Queensland Parliament, should be consulted to determine whether the Bill has been enacted and if so, whether the legislation as enacted reflects amendments in Committee. Readers are also directed to the relevant Alert Digest of the Scrutiny of Legislation Committee of the Queensland Parliament. Copyright protects this publication. Except for purposes permitted by the Copyright Act 1968, reproduction by whatever means is prohibited, other than by Members of the Queensland Parliament in the course of their official duties, without the prior written permission of the Parliamentary Librarian, Queensland Parliamentary Library.

Inquiries should be addressed to:

Director, Research Publications & Resources Queensland Parliamentary Library Parliament House George Street, Brisbane QLD 4000 Director: Ms Mary Seefried. (Tel: 07 3406 7116)

Information about Research Publications can be found on the Internet at: Http://www.parliament.qld.gov.au/parlib/research/index.htm CONTENTS

1 INTRODUCTION ...... 1

2 QUEENSLAND’S WASTE MANAGEMENT STRATEGY AND POLICY1

2.1 THE VALUE OF WASTE TRACKING...... 2

2.2 QUEENSLAND WASTE SURVEY ...... 3

3 TRANSPORT OF REGULATED (TRACKABLE) WASTES IN QUEENSLAND...... 3

3.1 WASTE TRANSPORTED WITHIN QUEENSLAND...... 4

3.2 WASTE TRANSPORTED INTO QUEENSLAND...... 5

3.3 WASTE TRANSPORTED OUT OF QUEENSLAND ...... 5

4 THE NATIONAL ENVIRONMENT PROTECTION MEASURE FOR THE MOVEMENT OF CONTROLLED WASTES BETWEEN STATES AND TERRITORIES AND THE QUEENSLAND REGULATORY REGIME ...... 6

4.1 BACKGROUND ...... 6

4.2 BENEFITS ARISING FROM THE IMPLEMENTATION OF THE NATIONAL PROTECTION MEASURE ...... 7

4.3 OUTLINE OF THE NATIONAL PROTECTION MEASURE AND RELEVANT QUEENSLAND PROVISIONS IMPLEMENTING THE PROTECTION MEASURE ...... 8

4.4 WHAT IS CONTROLLED WASTE?...... 8

4.4.1 National Protection Measure...... 8

4.4.2 Queensland...... 10

4.5 TRACKING SYSTEMS...... 11

4.5.1 National Protection Measure...... 11

4.5.2 Queensland...... 12

4.6 ENFORCEMENT...... 12

4.6.1 National Protection Measure...... 12 4.6.2 Queensland...... 13

5 THE ENVIRONMENT PROTECTION AND OTHER LEGISLATION AMENDMENT BILL 2000 – SPECIFIC SECTION 118 AMENDMENTS...... 13

6 PROCEDURES FOR THE INTERSTATE MOVEMENT OF CONTROLLED WASTES – VICTORIA...... 14 Environmental Protection and Other Legislation Amendment Bill 2000 Page 1

1 INTRODUCTION

The Environmental Protection and Other Legislation Amendment Bill 2000 was introduced into the Parliament on 6 October 2000. One of the policy objectives of the Bill is the implementation of the National Environment (Movement of Controlled Waste Between States and Territories) Protection Measure. The Bill does this by allowing for the recognition of waste transport licences that have been issued in other jurisdictions.1 This measure along with the Queensland Environmental Protection (Waste Management) Regulation 2000 implements the transportation of controlled substances into, or through Queensland, under a national scheme of tracking such waste.

2 QUEENSLAND’S WASTE MANAGEMENT STRATEGY AND POLICY

Waste management is the reduction, reuse and recycling of wastes with disposal being the last resort. The scope of the 1996 Queensland Waste Management Strategy is the management of waste, irrespective of its nature and the disposal method involved, in order to avoid adverse impacts on the environment. With respect to waste disposal the Queensland Strategy contains three goals: (a) the establishment of waste management standards to avoid or minimise adverse environmental effects of waste treatment and disposal; (b) to ensure compliance with appropriate standards and procedures for the treatment and disposal of waste; and (c) the encouragement of waste setting charges on the user pay principle which reflect the full cost of waste management.2

With respect to (a), the Strategy accepted that where waste prevention or recycling of waste is not possible it will be necessary to resort to acceptable treatment and disposal. For (b), a regime of penalties that is sufficient to act as a deterrent to offenders, backed up by a monitoring and inspection program, is needed. With respect to (c) it was accepted in the Strategy that the removal of artificially low

1 Proposed section 118ZZK of the Environmental Protection and other Legislation Amendment Bill 2000.

2 Queensland. Department of Environment, Waste Management Strategy for Queensland, January 1996. http://www.env.qld.gov.au/environment/business/policies/RE018.PDF Downloaded 18 October 2000, p 11-13; Section 12 Environmental Protection (Waste Management) Policy 2000. Page 2 Environmental Protection and Other Legislation Amendment Bill 2000 charges was necessary in order to provide an incentive for producers to minimise their waste.

Whilst the strategy is an overarching guiding set of principles, the Queensland Government’s Waste Management policy and its legal implications are now contained in the Environmental Protection (Waste Management) Policy 2000, which is subordinate legislation under Chapter 2 of the Environmental Protection Act 1994.

The Environmental Protection (Waste Management ) Policy came into operation on 1 July 2000 and has as its objective the management of waste to achieve the object of the Environmental Protection Act 1994 (Qld) – to protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future in a way that maintains the ecological processes on which life depends (“ecologically sustainable development”).

2.1 THE VALUE OF WASTE TRACKING

The need for the tracking of the transportation of waste, particularly toxic and hazardous waste, has been an issue of concern in recent years. An example of what can occur when there is a lack of an accountable tracking system was exemplified in an incident that occurred in 1996 when a recycling firm in Brisbane paid an unlicensed operator to dispose of over 300 drums of hazardous waste. The unlicensed operator who in fact had no proper facilities to either store or dispose of the waste, simply stored the drums on uncovered industrial land on the Gold Coast over which he had taken out a lease.

The owners of the land were oblivious as to what had happened. The lease allowed the lessee to store earth moving and landscaping equipment on the site. Basically, the culprit disappeared, leaving the owners of the land with a possible clean-up bill.3 In 1997 waste found in the Boondall wetlands was suspected to have resulted from illegal dumping.4

Whilst these incidents did not involve the transport of waste from a point outside Queensland the positive aspects associated with a tracking system are quite evident. The licensing of the producers of waste, transporters and disposal facility operators will allow the tracking of the movement of waste and whilst such a system will not

3 Paul Whittaker, ‘Recycling company probed over toxic waste dumping claim’, Courier Mail 20 July 1996, p 3.

4 Joanne Bean, ‘Wetlands dumping leads to toxic control concern’, Courier Mail, 4 October 1997, p 8. Environmental Protection and Other Legislation Amendment Bill 2000 Page 3 give a 100% guarantee that illegal dumping or disposal will not occur, it is a major step in accountability on the part of all of the players.

2.2 QUEENSLAND WASTE SURVEY

In 1997 the Queensland Environmental Protection Agency commissioned a survey of regulated / hazardous waste generation within the State.5 There were 19,500 regulated waste generators in the State of which 25% were included in the survey.

Estimates from the survey suggested that nearly 650,000 tonnes of regulated solid and sludge wastes and 173 million cubic metres of regulated liquid wastes are generated in Queensland each year. The survey also found that wastes such as greases, solvents and solvents sludge, batteries, large tyres, contaminated soils, cyanide residues, and lead are of concern due to a lack of treatment, storage and disposal facilities. Regulated wastes that require treatment for which there are no facilities in Queensland are transported interstate to facilities in New South Wales and Victoria.

3 TRANSPORT OF REGULATED (TRACKABLE) WASTES IN QUEENSLAND

An interim system of waste tracking was introduced for hazardous waste in July 1997. This system was based on the issuing of waste transport certificates. The system had been developed to regulate the movement and disposal of the types of waste that have been treated at the Willawong Liquid Waste Treatment Facility and only applied to South-East Queensland.6

The Environmental Protection (Waste Management) Regulation 2000 under the Environmental Protection Act 1994 now form the basis of the regulatory regime of the transportation of regulated waste within, into and out of Queensland.

The provisions in Part 4 of the Environmental Protection (Waste Management) Regulation 2000 create an administrative framework for the purpose of managing the environmental risks from the trackable waste that is being transported. This is

5 Queensland. Environmental Protection Agency, Summary of the Regulated / Hazardous Waste Survey for Queensland (1997), http://www.env.qld.gov.au/environment/search/ Downloaded 18 October 2000.

6 Queensland. Environmental Protection Agency, Interim Waste Transport Certificate Tracking System, July 1997,. http://www.env.qld.gov.au/environment/search/ Downloaded 18 October 000. Page 4 Environmental Protection and Other Legislation Amendment Bill 2000 done by establishing a requirement that waste handlers (generators, transporters and facility operators (receivers)) are to: • keep records; and • pass on information to the next entity involved in the process; and • to give information to the administrating authority (the Environmental Protection Agency).

Information that is required to be passed on from entity to entity involved in the process is to be completed in the prescribed manner irrespective of whether the consignment is intrastate or interstate. Schedule 2 of the Regulation 2000 lists the prescribed information a generator must pass on to the transporter and which the generator and the receiver must supply to the Environmental Protection Agency.

3.1 WASTE TRANSPORTED WITHIN QUEENSLAND7

Although the provisions concerning trackable waste that is transported into and out of Queensland commenced on 1 July 2000 the provisions concerning the transportation of trackable waste within Queensland will not commence until 1 July 2001. In the meantime, it appears the 1997 Interim Waste Transport Certificate Tracking System is still in place.

The Waste Management Regulation provides for a list of responsibilities attaching to each of the entities in the process. The waste generator is to give to the transporter and the administering authority full particulars of the consigned waste and must retain a copy of the information so given for a period of 5 years.

The transporter has the responsibility of giving the receiver full particulars of the consignment and keeping a record of that information for a period of 5 years. The transporter is not responsible for forwarding information on the consignment to the administrative authority. The transporter does have a responsibility to inform the administrating authority of any recognised discrepancy in any of the information received from the waste generator.

The receiver of the consignment of trackable waste is responsible for informing the administrating authority of any recognised discrepancy in any of the information received from the generator and also for forwarding information on the consignment to that authority and to keep a record of same for a period of five years.

7 Environmental Protection (Waste Management) Regulation 2000, Part 4, Division 3, Subdivision 1, ss 22-26. Environmental Protection and Other Legislation Amendment Bill 2000 Page 5

3.2 WASTE TRANSPORTED INTO QUEENSLAND8

The responsibility for obtaining a consignment number for trackable (controlled) waste lies with the transporting entity when the origin is from a waste generator outside of Queensland and is consigned to a receiver in Queensland. The consignment number authorises the consignment to be transported into Queensland and is issued by the Queensland Environment Protection Authority as the Queensland administrating authority.

The transporter must also carry with the consignment particulars about the trackable waste being transported. The transporter is responsible for ensuring that the relevant information on the consignment is given to the receiver and of advising the Queensland administrating authority of any recognised discrepancy in the information concerning the consignment. The transporter is required to retain consignment information for a period of 5 years.

The receiver of the trackable waste consignment is responsible for informing the administrating authority of particulars of the consignment received and of any recognised discrepancy in the consignment particulars and to keep a copy of all information for a period of 5 years.

3.3 WASTE TRANSPORTED OUT OF QUEENSLAND9

A waste generator in Queensland consigning trackable (controlled) waste to a receiver outside of Queensland is responsible for giving to the transporter information about the consignment and retaining a copy of this information for five years.

It is the responsibility of the transporter to carry a copy of all information concerning the consignment with the consignment whilst in Queensland.

Schedule 2 of the Regulation contains a check list of the prescribed information that the generator, the transporter and the receiver of trackable waste are to provide to the Queensland Environmental Protection Authority.

8 Environmental Protection (Waste Management) Regulation 2000, ss 27-30.

9 Environmental Protection (Waste Management) Regulation 2000, ss 31-34. Page 6 Environmental Protection and Other Legislation Amendment Bill 2000

4 THE NATIONAL ENVIRONMENT PROTECTION MEASURE FOR THE MOVEMENT OF CONTROLLED WASTES BETWEEN STATES AND TERRITORIES AND THE QUEENSLAND REGULATORY REGIME

4.1 BACKGROUND

The Special Premiers’ Conference of October 1990 agreed to the development of an Intergovernmental Agreement on the Environment.10 This was duly implemented in May 1992. As an integral part of this Intergovernmental Agreement, the States and Territories agreed to pass legislation creating the National Environment Protection Council (NEPC). The Commonwealth passed the National Environment Protection Council Act 1994 with all the States and Territories passing complementary legislation through 1994 and 1995.11

Queensland is represented on the Council by the Minister for Environment and Heritage. Queensland also has a representative on the Committee of the Council which is its principal advisory body.

The National Environment Protection Council is responsible for the drawing up of National Environment Protection Measures (NEPM) covering air, water, noise and soil pollution. Each individual NEPM outlines the agreed national objectives for protecting or managing relevant aspects of the environment.

NEPM generally contain: • Goals • Standards • Monitoring and reporting protocols • Guidelines.

The steps involved in the preparation of a NEPM are laid down in the National Environment Protection Council Act 1994 (Cth). Section 16 of that Act provides that the Council must give general public notice of its intention to prepare a draft of any proposed NEPM. Section 17 provides that when a draft NEPM is made it must be accompanied by an impact statement.

10 Australia. Department of Environment and Heritage, Intergovernmental Agreement on the Environment, 1 May 1992, http://www.environment.gov.au/psg/igu/pubs/igae.html Downloaded 10 October 2000.

11 Queensland passed the National Environment Protection Council (Queensland) Act 1994. Environmental Protection and Other Legislation Amendment Bill 2000 Page 7

Once a NEPM has reached Commonwealth statutory instrument status it becomes the responsibility of each of the States and Territories to ensure its implementation.12NEPMs become law in the States and Territories once they are provided for in State legislation. Queensland acknowledged its obligation for the passing of legislation to implement Protection Measures in s 7 National Environment Protection Council (Queensland) Act 1994.

4.2 BENEFITS ARISING FROM THE IMPLEMENTATION OF THE NATIONAL PROTECTION MEASURE

The perceived benefits of the National Environment (Movement of Controlled Waste Between States and Territories) Protection Measure are: • A reduction in negative environmental impact from the movement of controlled waste across State and Territory borders. • Greater community confidence in the management of movements of controlled wastes. • Lower licence costs to transporters as a result of mutual recognition of licences and the elimination of the requirement of multiple licences. • A reduction in the possible proliferation of small controlled waste facilities by encouraging the transportation of controlled wastes under secure conditions to purpose-built well-managed facilities. • A reduction in the illegal disposal of controlled wastes. • The tracking of wastes that will pinpoint discrepancies indicating illegal disposal that can then be identified and investigated.

Areas in which costs have been identified are: • Additional costs to jurisdictions that already operate tracking systems are expected to be low, whilst for those jurisdictions that do not operate a tracking system the additional costs are expected to be moderate. • Small producers of controlled wastes who are operating in border areas will face higher costs as a result of the requirement for them to notify the relevant agency of their operations. • Transporters whose equipment does not measure up to control standards will incur additional costs to upgrade their vehicles and there will also be additional compliance costs across the system for all licensed transporters.

12 Australia. National Environment Protection Council, National Environment Protection Measures, http://www.nepc.gov.au Downloaded 10 October 2000. Page 8 Environmental Protection and Other Legislation Amendment Bill 2000

Additional costs to facility operators with respect to complying with the notification requirements but this is expected to be minimal.13

4.3 OUTLINE OF THE NATIONAL PROTECTION MEASURE AND RELEVANT QUEENSLAND PROVISIONS IMPLEMENTING THE PROTECTION MEASURE

The National Environment (Movement of Controlled Waste between States and Territories) Protection Measure was issued on 26 June 1998 and is one of five current NEPMs.14 The objective of the Protective Measure is the reduction of potential adverse impacts to the environment and human health that may result from the movement of controlled wastes from one State or Territory to another.15

This is achieved by the declaration of controlled wastes which can be tracked nationally via a consistent tracking system.16 Mutual recognition between States and Territories with respect to the issuing of permits and licenses for transporters is central to the total scheme and this is achieved by Clause 13 of the Protection Measure.17

4.4 WHAT IS CONTROLLED WASTE?

4.4.1 National Protection Measure

The Protection Measure for the Movement of Controlled Wastes is built firstly, upon defining exactly what a controlled waste is and secondly, which substances

13 Australia. National Environment Protection Council, Impact Statement for a Draft National Environment Protection Measure for the Movement of Controlled Waste Between States and Territories. January 1998, p 61-62.

14 The other current Protection Measures are Ambient Air Quality; Assessment of Site Contamination; National Pollutant Inventory; and Used Packaging Materials.

15 Australia. National Environment Protection Council, Movement of Controlled Waste Between States and Territories, National Environment Protection Measure, 26 June 1998. Clause 12. http://www.nepc.gov.au Downloaded 10 October 2000.

16 Australia. National Environment Protection Council, Impact Statement for a Draft National Environment Protection Measure for the Movement of Controlled Waste Between States and Territories. January 1998, http://www.nepc.gov.au Downloaded 10 October 2000, p 6.

17 Australia. National Environment Protection Council, Movement of Controlled Waste Between States and Territories: National Environment Protection Measure, 26 June 1998, Clause 13. Environmental Protection and Other Legislation Amendment Bill 2000 Page 9 may contribute to controlled wastes. The Protection Measure defines the terms ‘waste’ and ‘controlled waste’ in Clause 3.

The definition of waste is matter that has been discarded, rejected, abandoned, or is unwanted or is surplus. A substance will still be waste if it is intended that it be recycled, reprocessed, recovered, reused or purified or offered for sale.

The term controlled waste includes waste that is contained in List 1 Annexed to the Protection Measure provided it exhibits one or more of the characteristics in List 2 also annexed to the Protection Measure.

The Gold Coast City Council and the Queensland Division of the Australian Institute of Environmental Health questioned whether domestic waste would fall under the Protection Measure. The National Environment Protection Council indicated that the provisions of the Protection Measure applied only to wastes that resulted from the activities of business, trade and commerce and industry. However, domestic premises would be covered by the provisions of the Protection Measure in instances where they were being used for commercial purposes.18

Quantity thresholds have been deliberately excluded from the Protection Measure so as to ensure that there is no room for a legal ‘loophole’ whereby illegal disposal could occur eg. a disposer of waste could transport amounts below the threshold without the requirement of an approval.19 However, the Queensland Environment Protection (Waste Management) Regulation 2000 provides that waste tracking requirements will not apply to the non-commercial transportation of less than 250 kg of trackable waste.

Soil contaminated with controlled waste is covered by the provisions. The provisions also cover controlled waste that is destined for storage as well as disposal. However, controlled waste does not include waste that is intended for direct re-use for its original intended purpose or waste intended for immediate use as an ingredient in other product formulations. Controlled waste is not necessarily hazardous waste with this latter category being covered by the international Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (commonly known as the Basel Convention) brought into being on 22 March 1989.

18 Australia. National Environment Protection Council, Summary of submissions received by the National Environment Protection Council in relation to the draft National Environment Protection Measure and Impact Statement for the Movement of Controlled Waste between States and Territories and the National Environment Protection Council’s responses to those submissions. http://www.nepc.gov.au Downloaded 10 October 2000, p 40.

19 Australia. National Environment Protection Council, Impact Statement for a Draft National Environment Protection Measure for the Movement of Controlled Waste Between States and Territories, http://www.nepc.gov.au Downloaded 10 October 2000. p 53. Page 10 Environmental Protection and Other Legislation Amendment Bill 2000

Under Clause 5 of the Protection Measure there will be an onus on the producer of controlled waste to ensure that the transporter to whom the waste is entrusted is appropriately licensed.20 This issue is also the approach taken by the Australian Chemical Industry Council in its Waste Management Code of Practice which requires member companies to ensure that waste management contractors used to transport waste are appropriately licensed.21

Clause 8 of the Protection Measure provides that waste transportation in the following circumstances will not fall within the ambit of the Protection Measure : • the movement of controlled wastes that are being transported intrastate; • controlled wastes that are being transported urgently to protect human life, the environment and / or property; • the movement of controlled wastes by pipeline; • containers being transported for the purpose of being refilled and which contain small amounts of residues of controlled substances; and • the movement of unwanted farm chemicals for delivery to a designated collection place under a collection scheme approved by the affected jurisdictions.

It is also envisaged that industry approved schemes for the collection of wastes will be registered with jurisdictional agencies to allow exclusion from the scheme.

The National Environment Protection Council clearly stated in its response to submissions that the Protection Measure is not intended to and will not reduce the volume of waste produced. The Council feels however, that the scheme may provide valuable information over time for the assessment of waste minimisation schemes that are used.22

4.4.2 Queensland In Queensland, controlled waste is defined as “trackable waste” in s17(1) of the Environmental Protection (Waste Management) Regulation 2000. Section 17(2)

20 Australia. National Environment Protection Council, Summary of submissions received by the National Environment Protection Council in relation to the draft National Environment Protection Measure and Impact Statement for the Movement of Controlled Waste between States and Territories and the National Environment Protection Council’s responses to those submissions. 10 October 2000, p 22.

21 Australia. Australian Chemical Industry Council, Waste Management Code of Practice, http://www.nohsc.gov.au/publications/pamphlets/w/003978.htm Last updated 17 November 1999. Downloaded 18 October 2000 paragraph 7.8.

22 Australia. National Environment Protection Council, Summary of submissions p 22. Environmental Protection and Other Legislation Amendment Bill 2000 Page 11 lists those items which do not fall under the definition of “trackable waste” and includes: (a) the non-commercial transportation of less than 250 kg of trackable waste; or (b) the transportation of trackable waste in a pipeline; or (c) the transportation of trackable waste under an exemption given by the administering authority under section 39; or (d) the transportation of trackable waste in a container if – (i) the amount of trackable waste is not more than 5% of the capacity of the container; and (ii) the container is being transported to a place to be refilled with the same substance as the waste, without undergoing a process before the refilling; or (e) the transportation of power station fly ash to a place for use – (i) as a raw material in the production of cement, concrete or plastic; or (ii) in the construction of a road; or (iii) in the treatment of waste in a way that involves combining the waste with the ash; or (f) the transportation of trackable waste to a registered laboratory for analysis; or (g) the transportation of trackable waste to a place for use as stock food; or (h) the transportation of trackable waste to a farm for use as a soil conditioner or fertiliser.

4.5 TRACKING SYSTEMS

4.5.1 National Protection Measure

Clause 13(h) of the Protection Measure allows jurisdictions to determine their own tracking system. Jurisdictions may choose to operate a conventional paper based system or perhaps a GPS and electronic system.

The Guidelines provide for the following steps in the consignment process:

Step1: The licensed transporter is to obtain consignment authorisation from the jurisdiction of destination.

Step 2:The origin and destination jurisdictions are to ensure that consultation is undertaken where necessary, on the appropriateness of issuing a consignment authorisation. Page 12 Environmental Protection and Other Legislation Amendment Bill 2000

Step 3:In considering an application for consignment, the originating and destination jurisdictions should consider whether the destination facility is licensed or approved by the appropriate agency of the jurisdictional destination. Any relevant environmental protection policies and legislation of participating jurisdictions which will assist in meeting the desired environmental outcomes should also be considered (Clause 13(f)-(h)).

4.5.2 Queensland

Part 4 – Waste Tracking of the Queensland Environmental Protection (Waste Management) Regulation 2000 puts into effect the national scheme as provided for in the National Environment Protection Measure.

4.6 ENFORCEMENT

4.6.1 National Protection Measure

Within the administrative framework, information is to be obtained from the producer of the waste, the transporter, and the facility operator to whom the waste is to be delivered and the licensing agency of the destination jurisdiction. Where such information is not furnished or false information is given, it is expected that the States and Territories will take action. The extent of the action will be determined by the nature of the offence, what the intent of the offender was and whether the offence was a repeat offence and as to what would be effective in achieving the desired outcome. (Clause 14)

Enforcement of the Protection Measure will be the responsibility of the States and Territories in line with their respective enforcement policies. Penalties are expected to be appropriate for the discouraging of offending against the information provisions.

The National Environment Protection Council is required under Section 23 National Environment Protection Council Act 1994 (Cth) to report annually on its activities. Under the Guidelines (Clause 13(l)) the States and Territories are expected to provide the Council with information on the movement of controlled waste into their jurisdiction. Environmental Protection and Other Legislation Amendment Bill 2000 Page 13

4.6.2 Queensland

In Queensland, offences are contained in both the Environmental Protection Act (Chapter 3 Part 10) and the Environmental Protection (Waste Management) Regulation 2000 (Sections 28, 29, 32, 33 and 41). The Envirionmental Protection and Other Legislation Amendment Bill 2000 proposes to insert a new Chapter 3A – General Environmental Offences.

5 THE ENVIRONMENT PROTECTION AND OTHER LEGISLATION AMENDMENT BILL 2000 – SPECIFIC SECTION 118 AMENDMENTS

Clause 26 of the Bill imports new s 118ZZK(1) that provides for the recognition of transporters’ licences that have been issued in other States and Territories for the transportation interstate of controlled waste. The section applies to “controlled waste” as provided for in the National Environment (Movement of Controlled Wastes between States and Territories) Protection Measure.

The 1998 National Protection Measure contains Guidelines established for the purpose of facilitating mutual recognition between the States and Territories with respect to the transportation of controlled wastes. Under the Guidelines, the States and Territories were expected to adjust their legal and administrative frameworks within 18 months of reaching agreement (Clause 13(d)).

In addition, Clause 24 amends Section 118ZF Environment Protection Act 1994 by the addition of s118ZZF (1)(b) which will require a disposal permit for the disposal in Queensland of contaminated soil transported into Queensland from another State or Territory.

Existing s 11 Environmental Protection Act 1994 prescribes that ‘contaminants’ can consist of gas, liquid, solid, odour, an organism, a virus or even energy, noise, heat, radioactivity and electromagnetic radiation. Contaminated soil is thus soil that is contaminated with one or more of the possible forms of contaminants as listed in s 11. Page 14 Environmental Protection and Other Legislation Amendment Bill 2000

6 PROCEDURES FOR THE INTERSTATE MOVEMENT OF CONTROLLED WASTES – VICTORIA

These procedures adopted by Victoria will be indicative of the regime adopted nationally by all States and Territories.23

In addition to the matters that each State and Territory is required to consider under the Protection Measure, Victoria has determined that it will also consider the following issues in deciding whether or not to approve or refuse a consignment of controlled waste: • If it is practicable for the waste to be treated or disposed of in the State of origin. • Consignments of controlled wastes will only be approved for disposal interstate at facilities that have the appropriate licence or permit to operate in that jurisdiction. • Controlled waste will not be permitted to be transported across the State boundaries for landfill. Producers of controlled wastes seeking to move controlled wastes from interstate to a facility in Victoria are required to make application for and to obtain a consignment authorisation from the Victorian Environment Protection Authority. The EPA undertakes to issue or refuse to issue a consignment authorisation within five working days of the application being received.

Transporters may not transport controlled waste interstate without an authorising certificate. Whilst such certificates have been used for some time, the new national regime will allow for the use of alternate formats such as electronic and/or barcode tracking. The transporter must ensure that a copy of the waste tracking form must be kept in the cabin of the vehicle transporting the consignment and be available for inspection.

23 Victoria. Environment Protection Authority, ‘Procedure for the Interstate Movement of Controlled Wastes’, EPA Information Bulletin, Publication 418a, October 1999, p 1. http://epanote2.epa.vic.gov.au/EPA/Publications.nsf/d85500a0d7f5f07b4a2565d1002268f3/0f1 5e25bac156cfe4a25667400016f4e/$FILE/626.pdf Downloaded 23 October 2000. Environmental Protection and Other Legislation Amendment Bill 2000 Page 15

Waste producers must: • Prior to the dispatch of controlled waste either from, or to Victoria apply for, and be issued with, a consignment authorisation number by the relevant agency of the destination. • Ensure that the controlled waste transporter to whom the consignment is being entrusted has a current licence or permit to transport such waste. • Obtain a waste transport certificate, complete the required sections and give the certificate to the transporter. • Ensure that the transporter fills out the relevant sections of the transport certificate before the transporter begins to transport the consignment. • Keep a copy of all the information regarding the consignment in their possession for a period of two years. Waste transporters must: • Ensure that their vehicle has a permit / licence which is endorsed by the relevant authority responsible for environment protection in the State or Territory of origin. • Complete the relevant sections of the transport certificate provided by the waste producer. • Ensure that all necessary documentation is kept in a suitable emergency information holder in the cabin of the vehicle. Such information to include a hard copy of the transport certificate, a copy of the permit or licence and a copy of an ‘initial emergency response guide’ card. • Give a copy of the transport certificate to the receiving facility when the consignment is delivered and receive in return a copy of the transport certificate indicating receipt of the consignment at the facility.

Waste facility operators must: • Ensure that the transporter is given a copy of the transport certificate acknowledging receipt of the consignment of controlled waste. • Report the receipt of the consignment to the producer, the relevant authority in the State of Territory of origin and the relevant authority in the State or Territory of destination by forwarding a copy of the transport certificate to each. • Retain a copy of the transport certificate in their possession for a period of two years. • Report any discrepancies that may be found on the transport certificate to the Victorian Environment Protection Authority.24

24 Victoria. Environmental Protection Authority, October 1999, p 2-3.

This Publication:

RBR 17/00 Transport of Controlled (Trackable) Waste Between States and Territories – Environmental Protection and Other Legislation Amendment Bill 2000 (QPL Nov 2000) Related Publications: Contaminated Land Management in Queensland - A New Approach: LB 16/97 The Environmental & Other Legislation Bill 1997 (QPL Nov 1997)

BIB 22 Waste Management: Reducing Rubbish and Recycling Refuse.1991 (QPL Oct 1991)