{"id":"environmental-protection-concrete-batching-and-cement-product-manufacturing-regulations-1998","name":"Environmental Protection (Concrete Batching and Cement Product Manufacturing) Regulations 1998","slug":"environmental-protection-concrete-batching-and-cement-product-manufacturing-regulations-1998","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176582,"registerId":"wa-environmental-protection-concrete-batching-and-cement-product-manufacturing-regulations-1998-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environmental Protection (Concrete Batching and Cement Product Manufacturing) Regulations 1998","content":"![Crest]()Western Australia\n\nEnvironmental Protection Act 1986\n\nEnvironmental Protection (Concrete Batching and Cement Product Manufacturing) Regulations 1998\n\n- **Reprinted under the *Reprints Act 1984* as**\n- **at 6 February 2004**\n\n\nWestern Australia\n\nEnvironmental Protection (Concrete Batching and Cement Product Manufacturing) Regulations 1998\n\nContents\n\n1. Citation 1\n\n2. Interpretation 1\n\n3. Minimization of dust 2\n\n4. Control of dust from trafficable areas 2\n\n5. Storage of aggregate and sand 3\n\n6. Storage of cement 3\n\n7. Air cleaning system for cement storage silo 4\n\n8. Level indicator system or relief valve for cement storage silo 5\n\n9. Movement of materials on premises and loading of agitators 6\n\n10. Cement product manufacturing premises to be cleaned 6\n\n11. Control of waste water 6\n\n12. Slurry pits, settling ponds, silt traps and oil interceptors 7\n\n13. Disposal of waste 8\n\n14. Offences and penalties 8\n\n16. Transitional 8\n\nNotes\n\nCompilation table 9\n\nDefined terms\n\n  \n\n- Crest **Reprinted under the *Reprints Act 1984* as**\n- **at 6 February 2004**\n\n\nWestern Australia\n\nEnvironmental Protection Act 1986\n\nEnvironmental Protection (Concrete Batching and Cement Product Manufacturing) Regulations 1998\n\n##### 1. Citation\n\nThese regulations may be cited as the *Environmental Protection (Concrete Batching and Cement Product Manufacturing) Regulations 1998* 1.\n\n##### 2. Interpretation\n\nIn these regulations —\n\n  agitator means a tank attached to a concrete mixing truck, or other plant, in which the ingredients of concrete are mixed;\n\n  aggregate means broken stone, brick or gravel which forms one of the ingredients of concrete;\n\n  cement means argillaceous and calcareous materials used in cement products;\n\n  cement product manufacturing means the manufacturing of products in which cement or concrete is the principal ingredient;\n\n  concrete means a mixture of cement, sand, aggregate and water;\n\n  concrete batching means the production, or batching and loading for transport, of concrete;\n\n  filter means a bag, cartridge or other device used in an air cleaning system to collect dust;\n\n  operator means a person carrying on concrete batching or cement product manufacturing;\n\n  premises, in relation to an operator, means the premises at which the operator carries on concrete batching or cement product manufacturing;\n\n  weigh hopper means plant or equipment by which the ingredients of concrete are weighed before being loaded into an agitator.\n\n##### 3. Minimization of dust\n\n(1) An operator must not carry on concrete batching or cement product manufacturing unless it is carried on in such a manner that no visible dust escapes from the premises (or if there are no defined boundaries to the premises, no such dust escapes onto any place to which the public has access).\n\n(2) An operator must immediately clean up any material spilt during concrete batching or cement product manufacturing.\n\n##### 4. Control of dust from trafficable areas\n\n(1) An operator must ensure that all parts of the premises to which vehicles have access —\n\n(a) are either —\n\n(i) paved or sealed; or\n\n(ii) treated with water or surfactants as often as is necessary;\n\nand\n\n(b) are swept, hosed or otherwise cleared of any loose aggregate, sand, cement, concrete or other material as often as is necessary,\n\nto prevent loose material adhering to vehicles and to minimize dust.\n\n(2) An operator must not allow any vehicles carrying concrete, or any of the ingredients of concrete, to leave the premises until it has been washed free of cement slurry and dust.\n\n##### 5. Storage of aggregate and sand\n\n(1) An operator must store all aggregate and sand kept on the premises in storage bins or bays which are designed to minimize airborne dust, or where the use of such bins or bays is not practicable, in stockpiles on the ground.\n\n(2) An operator must not allow the height of aggregate or sand in a storage bin or bay to exceed the height of the bin or bay (including any windshields fitted to it).\n\n(3) Where aggregate or sand is stored in a stockpile on the ground the operator must keep it covered or damp, or otherwise treat it, so as to minimize airborne dust.\n\n(4) If, during the unloading of aggregate or sand, any visible dust escapes from the premises the operator must ensure that unloading stops immediately and does not resume until appropriate measures have been taken to prevent the escape of the dust from the premises.\n\n##### 6. Storage of cement\n\n(1) An operator must store all cement kept on the premises —\n\n(a) in bags; or\n\n(b) in a cement storage silo —\n\n(i) which complies with subregulation (2); or\n\n(ii) which is one of a series of interconnected silos at least one of which complies with subregulation (2).\n\n(2) To comply with this subregulation a cement storage silo must be fitted with —\n\n(a) an air cleaning system, which complies with regulation 7, through which all air extracted from the silo while it is being filled must pass before it is discharged into the environment; and\n\n(b) either —\n\n(i) a level indicator which complies with regulation 8(1); or\n\n(ii) a relief valve, which complies with regulation 8(3).\n\n(3) An operator must seal all inspection ports, hatches and other openings to a cement storage silo while cement is being unloaded into the silo.\n\n(4) If, during the filling of a cement storage silo, any visible cement dust escapes from the silo the operator must ensure that no further loads of cement are unloaded into the silo until appropriate measures have been taken to prevent the escape of dust from the silo.\n\n##### 7. Air cleaning system for cement storage silo\n\n(1) The air cleaning system for a cement storage silo must —\n\n(a) be either —\n\n(i) a mechanical rapping air cleaning system with a minimum filter area of 23 square metres; or\n\n(ii) a reverse pulse air cleaning system which reduces dust emissions to less than 50 milligrams of particulate matter per cubic metre;\n\nand\n\n(b) discharge air from the system into a weigh hopper or to an outlet which is within one metre of the ground.\n\n(2) An operator must inspect the filters, or if the system is fitted with pressure gauges for the detection of blockages or leaks, check those gauges, at least weekly and immediately clean, repair or replace any filter which is blocked or damaged or has an excessive build‑up of dust.\n\n(3) An operator must test the air cleaning system for a cement storage silo at least weekly and if it is not working efficiently, must not unload any cement into the silo until the system is repaired.\n\n(4) An operator must keep on the premises, or in a readily accessible place, sufficient spare filters to replace all such bags or cartridges used in the air cleaning systems of all cement storage silos on the premises.\n\n##### 8. Level indicator system or relief valve for cement storage silo\n\n(1) A level indicator system for a cement storage silo must include —\n\n(a) an audible alarm which sounds if cement stored in the silo reaches —\n\n(i) 0.6 m below the inlet to the silo’s air cleaning system; or\n\n(ii) 2 tonnes less than the silo’s maximum capacity;\n\nand\n\n(b) a test circuit which indicates whether the level indicator and alarm are working correctly.\n\n(2) Where a level indicator is used to comply with regulation 6(2)(b) the operator must ensure that the test circuit is activated before a load of cement is unloaded into the silo and that no cement is unloaded into the silo if the level indicator or alarm are not working correctly.\n\n(3) A relief valve for a cement storage silo must be designed —\n\n(a) to automatically prevent the level of cement in the silo rising above the level referred to in subregulation (1)(a)(i) or (ii); and\n\n(b) so that any excess cement is piped into a weigh hopper or to an outlet which is within one metre of the ground.\n\n##### 9. Movement of materials on premises and loading of agitators\n\n(1) An operator must not use —\n\n(a) a hopper, conveyor, chute, bucket elevator or transfer point to move material on the premises; or\n\n(b) any area of the premises to load agitators,\n\nunless it is —\n\n(c) enclosed;\n\n(d) fitted with wind shields, water sprays or a dust extraction system; or\n\n(e) otherwise designed and operated,\n\nso as to prevent the escape of any visible dust.\n\n(2) An operator must maintain in good working order all wind shields, water sprays, dust extraction systems and other devices used to comply with subregulation (1).\n\n##### 10. Cement product manufacturing premises to be cleaned\n\n(1) An operator carrying on cement product manufacturing must regularly clean all inside areas on the premises to prevent the accumulation of dust on any surface.\n\n(2) An operator must not use water to carry out the cleaning referred to in subregulation (1) unless all fittings and electrical installations in that area of the premises are waterproof or otherwise designed to withstand water.\n\n(3) Subregulation (2) does not apply in relation to a building in which cement product manufacturing was being carried on before these regulations came into operation.\n\n##### 11. Control of waste water\n\n(1) An operator must ensure that —\n\n(a) all water draining off any area where agitators, mixers or moulds are loaded or where concrete is batched drains into a slurry pit;\n\n(b) all water used to wash out agitators, mixers or moulds or to clean up spilt material drains into a slurry pit;\n\n(c) all other water draining off sealed or paved areas of the premises and which is likely to contain waste material drains into a slurry pit or settling pond; and\n\n(d) any water removed from, or which might overflow from, a slurry pit drains into a settling pond.\n\n(2) An operator must ensure that no water used in concrete batching or cement product manufacturing is discharged from the premises until —\n\n(a) it has been —\n\n(i) through a silt trap; or\n\n(ii) contained in a settling pond for long enough to allow all particulate matter to settle out;\n\nand\n\n(b) if the water is likely to contain hydrocarbons, it has been through an oil interceptor.\n\n##### 12. Slurry pits, settling ponds, silt traps and oil interceptors\n\n(1) An operator must not allow settled material in a slurry pit to —\n\n(a) dry out (except when the pit is dried out to allow the settled material to be removed); or\n\n(b) be higher than 30 cm below the top of the slurry pit walls.\n\n(2) An operator must ensure that a settling pond is large enough to contain all water which might drain into it for long enough to allow all particulate matter to settle out.\n\n(3) An operator must ensure that slurry pits, settling ponds, silt traps and oil interceptors are maintained, and emptied or cleaned as often as necessary, to ensure their efficient operation.\n\n##### 13. Disposal of waste\n\nAn operator must ensure that all waste created during concrete batching or cement product manufacturing (including material removed from slurry pits, settling ponds, silt traps and oil interceptors) is —\n\n(a) recycled; or\n\n(b) disposed of at an appropriate landfill site or waste treatment facility the occupier of which holds a licence under Part V of the Act in respect of that site or facility.\n\n##### 14. Offences and penalties\n\nA person who contravenes any of these regulations commits an offence.\n\nPenalty: $5 000.\n\n[Regulation 14 amended: Gazette 11 Dec 1998 p. 6614.]\n\n[**15.** Omitted under the Reprints Act 1984 s. 7(4)(f).]\n\n##### 16. Transitional\n\n(1) Regulations 6(2), 7, 8 and 11 do not apply in relation to an existing facility until the day that is 6 months after the day on which these regulations come into operation.\n\n(2) In subregulation (1) —\n\n  existing facility means —\n\n(a) a cement storage silo in which cement was being stored; or\n\n(b) a premises at which concrete batching or cement product manufacturing was being carried on,\n\nimmediately before the commencement day.\n\nNotes\n\n1 This reprint is a compilation as at 6 February 2004 of the *Environmental Protection (Concrete Batching and Cement Product Manufacturing) Regulations 1998* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Environmental Protection (Concrete Batching and Cement Product Manufacturing) Regulations 1998* | 26 May 1998 p. 2958‑61 | 26 May 1998 |\n| *Environmental Protection (Miscellaneous Amendments) Regulations 1998* Pt. 8 | 11 Dec 1998 p. 6597‑614 | 8 Jan 1999 (see r. 2) |\n| **Reprint 1: The *Environmental Protection (Concrete Batching and Cement Product Manufacturing) Regulations 1998* as at 6 Feb 2004** (includes amendments listed above) | | |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\naggregate 2\n\nagitator 2\n\ncement 2\n\ncement product manufacturing 2\n\nconcrete 2\n\nconcrete batching 2\n\nexisting facility 16(2)\n\nfilter 2\n\noperator 2\n\npremises 2\n\nweigh hopper 2\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations apply to persons carrying on concrete batching or cement product manufacturing at premises and to cement storage silos as defined (reg 2). They set operational, engineering and waste‑management obligations for those operators, with a six‑month transitional delay for existing facilities (reg 16). The text shows no alteration of that scope within the instrument."},"complexity_factors":["Prescriptive technical standards for silo air‑cleaning systems (minimum filter area, reverse pulse limit) and discharge heights (reg 7)","Operational duties across multiple activities (dust minimisation, vehicle washing, storage, transfer, cleaning) creating many everyday compliance points (regs 3–6, 9–10)","Maintenance, inspection and testing frequencies and spare parts requirements (weekly inspections/tests; spare filters) create recurring compliance tasks (reg 7(2)–(3))","Specific design and alarm/relief device requirements for silos (level indicator alarm thresholds, relief valve piping) that affect plant engineering (reg 8)","Detailed wastewater routing, treatment and holding requirements tying into silt traps, settling ponds and oil interceptors (regs 11–12)","Waste disposal linked to licensed facilities under Part V of the Act, creating an interface with separate licensing regimes (reg 13)","Defined terms delimiting scope (operator, premises, cement, concrete, agitator, weigh hopper) that determine who pays and who must act (reg 2)","A single monetary penalty for breaches (reg 14) concentrates enforcement into straightforward sanctioning but may not scale with breach severity","Transitional relief for existing facilities delays full application of technical rules for six months, creating a temporary asymmetry in obligations (reg 16)"],"plain_english_summary":"These regulations require operators of concrete batching and cement product manufacturing to prevent visible dust and contain wastewater by prescribing technical and operational controls — for example sealed or treated traffic areas, covered stockpiles or silos with air‑cleaning and level/relief controls, enclosed transfer points, slurry pits/settling ponds and silt/oil traps. They apply to defined “operators” and “premises” (s2), impose a $5,000 penalty for breaches (s14), and give existing facilities six months to meet silo, air‑cleaning and wastewater requirements (s16)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text is inaccessible. The title suggests a focused, industry-specific environmental regulation, which implies limited scope, but no determination can be made without the document."},"complexity_factors":["Source document is completely unavailable — no substantive content could be retrieved","Cannot assess regulatory thresholds, exemptions, or enforcement mechanisms without the text","Regulations from 1998 may have been amended multiple times, adding potential layering complexity","Technical subject matter (environmental emission standards) typically adds complexity, but cannot be confirmed here"],"plain_english_summary":"These 1998 WA regulations set environmental standards for concrete batching and cement product manufacturing, affecting plant operators and regulators by addressing dust, runoff, noise and waste to protect local air, water and communities. \n\nThe original regulation text is currently unavailable online, so specific obligations, limits or penalties should be confirmed via the Western Australian legislation database or the Parliamentary Counsel’s Office."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: environmental protection at concrete batching and cement product manufacturing sites. The scope has not expanded beyond dust suppression, wastewater management, and waste disposal for these specific industries. The 1998 amendments (noted in the compilation table) appear to be minor technical adjustments rather than scope expansion."},"complexity_factors":["11 defined terms in the interpretation section (regulation 2)","Nested conditional requirements: regulation 6(2) requires compliance with regulation 7 AND regulation 8, with regulation 8 offering two alternative compliance paths (level indicator OR relief valve)","Technical specifications embedded in legislative text: specific measurements like '23 square metres' filter area, '50 milligrams of particulate matter per cubic metre', '0.6 m below inlet', '2 tonnes less than maximum capacity', '30 cm below the top of slurry pit walls'","Cross-references between regulations: regulations 6, 7, and 8 are interdependent; regulation 11 references slurry pits and settling ponds defined in regulation 12","Exception in regulation 10(3) exempting existing buildings from waterproofing requirements for electrical installations","Transitional provision (regulation 16) creating a 6-month grace period for existing facilities regarding specific technical requirements","Multiple alternative compliance pathways (e.g., regulation 4(1)(a) offers paving OR water treatment; regulation 6(1) offers bags OR compliant silos; regulation 9(1) offers enclosure OR wind shields/water sprays OR other design)"],"plain_english_summary":"These regulations set specific environmental rules for businesses that make concrete or cement products in Western Australia. They aim to stop dust, dirty water, and waste from escaping into the surrounding environment.\n\n**Who it affects:**\n- **Operators** — anyone running a concrete batching plant (where concrete is mixed) or cement product manufacturing (making things like pipes, blocks, or panels where cement is the main ingredient)\n- **Local communities** — who benefit from reduced dust and cleaner air and water near these industrial sites\n\n**What the rules require:**\n\n**Dust control**\n- No visible dust can escape from the premises\n- Vehicle areas must be paved or kept damp, and vehicles must be washed before leaving\n- Sand and gravel must be stored in covered bins or kept damp\n- Cement must be stored in sealed silos with air cleaning systems (special filters that catch dust before air is released)\n- Equipment that moves materials must be enclosed or have dust suppression (like water sprays)\n\n**Water management**\n- All dirty water from washing equipment or cleaning spills must drain into slurry pits (underground tanks that catch cement sludge)\n- Water can only leave the site after passing through settling ponds (where solids sink to the bottom) and oil interceptors (devices that separate oil from water) if needed\n\n**Waste disposal**\n- All waste must be recycled or sent to licensed landfills\n\n**Maintenance and monitoring**\n- Air cleaning filters must be checked weekly\n- Silos need level alarms to prevent overfilling\n- Spare filters must be kept on site\n\n**Penalties:** Breaking any rule carries a fine of up to $5,000.\n\n**Why it matters:** Concrete and cement production creates fine dust that can harm lungs and pollute neighborhoods. These rules ensure operators take practical steps to protect public health and the environment while running their businesses."}},"importantCases":[],"_links":{"self":"/api/acts/environmental-protection-concrete-batching-and-cement-product-manufacturing-regulations-1998","history":"/api/acts/environmental-protection-concrete-batching-and-cement-product-manufacturing-regulations-1998/history","analysis":"/api/acts/environmental-protection-concrete-batching-and-cement-product-manufacturing-regulations-1998/analysis","conflicts":"/api/acts/environmental-protection-concrete-batching-and-cement-product-manufacturing-regulations-1998/conflicts","importantCases":"/api/acts/environmental-protection-concrete-batching-and-cement-product-manufacturing-regulations-1998/important-cases","documents":"/api/acts/environmental-protection-concrete-batching-and-cement-product-manufacturing-regulations-1998/documents"}}