{"id":"environmental-protection-rural-landfill-regulations-2002","name":"Environmental Protection (Rural Landfill) Regulations 2002","slug":"environmental-protection-rural-landfill-regulations-2002","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176612,"registerId":"wa-environmental-protection-rural-landfill-regulations-2002-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environmental Protection (Rural Landfill) Regulations 2002","content":"![Crest]()Western Australia\n\nEnvironmental Protection Act 1986\n\nEnvironmental Protection (Rural Landfill) Regulations 2002\n\nWestern Australia\n\nEnvironmental Protection (Rural Landfill) Regulations 2002\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Interpretation 1\n\n4. Landfill sites to which these regulations apply 2\n\n5. Tipping area 2\n\n6. Covering of waste 2\n\n7. Fencing of landfill site 3\n\n8. Waste to be contained on landfill site 3\n\n9. Separation of waste from water and site boundary 4\n\n10. Stormwater management 4\n\n11. Dust suppression 4\n\n12. Firebreaks 4\n\n13. Burning of greenwaste only 5\n\n14. Outbreak of fire 6\n\n15. Approval for disposal at landfill site of clinical waste or material containing asbestos 7\n\n16. Disposal of clinical waste and material containing asbestos 7\n\n17. Post‑closure plan 8\n\nNotes\n\nCompilation table 10\n\nDefined terms\n\n  \n\nEnvironmental Protection Act 1986\n\nEnvironmental Protection (Rural Landfill) Regulations 2002\n\n##### 1. Citation\n\nThese regulations may be cited as the *Environmental Protection (Rural Landfill) Regulations 2002*.\n\n##### 2. Commencement\n\nThese regulations come into operation on 1 July 2002.\n\n##### 3. Interpretation\n\nIn these regulations —\n\napproved means approved in writing by the Chief Executive Officer;\n\nclinical waste has the same meaning as in the *Environmental Protection (Controlled Waste) Regulations 2001*;\n\nFire Control Officer, in relation to a landfill site, means a person who has such qualifications in fire fighting or fire control as are approved, appointed to that position by the occupier of the landfill site;\n\nlandfill site  means a landfill site to which these regulations apply, in accordance with regulation 4;\n\nLandfill Waste Classification and Waste Definitions 1996 means the document entitled “Landfill Waste Classification and Waste Definitions 1996” published by the Chief Executive Officer, as amended from time to time;\n\nmaterial containing asbestos has the same meaning as in regulation 41 of the *Environmental Protection (Controlled Waste) Regulations 2001*;\n\nputrescible waste  means putrescible waste as defined in the *Landfill Waste Classification and Waste Definitions 1996*;\n\nsurface water body means a watercourse or wetland (as those terms are defined in the *Rights in Water and Irrigation Act 1914*) and any other surface water, whether artificial or natural;\n\ntipping area means the area of a landfill site where waste currently being brought to the site is being deposited.\n\n##### 4. Landfill sites to which these regulations apply\n\nThese regulations apply to and in respect of premises specified in Schedule 1 Part 2 of the *Environmental Protection Regulations 1987* as category 89 premises and registered under regulation 5B of those regulations.\n\n##### 5. Tipping area\n\nThe occupier of the landfill site must ensure that the tipping area of the site is not greater than —\n\n(a) 30 metres in length; and\n\n(b) 2 metres above ground level in height.\n\nPenalty: $5 000.\n\n##### 6. Covering of waste\n\n(1) The occupier of a landfill site must ensure that waste in the tipping area of the site is covered —\n\n(a) at least as often as is specified in the Table to this regulation; and\n\n(b) in accordance with subregulation (2).\n\nPenalty: $5 000.\n\n(2) Waste is to be —\n\n(a) covered with a dense, inert and incombustible material, or such other material as is approved in respect of a particular landfill site; and\n\n(b) totally covered, so that no waste is left exposed.\n\n(3) The occupier of a landfill site must ensure that there is enough cover material at any time stored and readily available on the site for the tipping area of the site to be covered, in accordance with this regulation, at least twice.\n\nPenalty: $5 000.\n\n**Table**\n\n| **Tonnes of waste received per year** | **Frequency waste is to be covered** |\n| --- | --- |\n| Less than 500 tonnes | Monthly |\n| Between 500 and 2 000 tonnes | Fortnightly |\n| Between 2 000 and 5 000 tonnes | Weekly |\n\n\n##### 7. Fencing of landfill site\n\nThe occupier of a landfill site must ensure that there is a fence around the boundary of the site which is an effective barrier to cattle, horses and other stock.\n\nPenalty: $5 000.\n\n##### 8. Waste to be contained on landfill site\n\nThe occupier of a landfill site must ensure that —\n\n(a) waste does not get washed, or blown, outside the site; and\n\n(b) waste that has been washed, or blown, away from the tipping area of the site is returned to the tipping area at least once in each month.\n\nPenalty: $5 000.\n\n##### 9. Separation of waste from water and site boundary\n\nUnless otherwise approved in writing, the occupier of a landfill site must ensure that there is no waste within —\n\n(a) 35 metres from the fence surrounding the site;\n\n(b) 100 metres of any surface water body at the site; or\n\n(c) 3 metres of the highest level of the water table aquifer at the site.\n\nPenalty: $5 000.\n\n##### 10. Stormwater management\n\nThe occupier of a landfill site must ensure that stormwater on the site is adequately managed so that —\n\n(a) it is diverted from areas of the site where there is waste; and\n\n(b) water that has come into contact with waste is to be diverted into a sump on the site, or otherwise retained on the site.\n\nPenalty: $5 000.\n\n##### 11. Dust suppression\n\nThe occupier of a landfill site must ensure that no visible dust escapes from the landfill site.\n\nPenalty: $5 000.\n\n##### 12. Firebreaks\n\nThe occupier of a landfill site must ensure that there is a firebreak of at least 3 metres around the boundary of the site.\n\nPenalty: $5 000.\n\n##### 13. Burning of greenwaste only\n\n(1) The occupier of a landfill site must ensure that waste is not burnt at the site, other than greenwaste burnt in accordance with this regulation.\n\nPenalty: $5 000.\n\n(2) Greenwaste may be burnt if —\n\n(a) it is dry and seasoned for at least 2 months before it is burnt;\n\n(b) it is burnt in a designated burning area of the landfill site;\n\n(c) it is burnt in trenches or windrows;\n\n(d) it is burnt quickly and in such a way that the generation of smoke is minimised;\n\n(e) burning does not commence before 8 a.m. and the Fire Control Officer for the landfill site declares the area safe by 12 noon on the same day; and\n\n(f) there is present in the area from the time burning commences until the Fire Control Officer for the landfill site declares the area safe —\n\n(i) a fire fighting vehicle carrying at least 500 litres of water, fitted with at least 30 metres of 19 mm diameter rubber hose and with a pump capacity capable of delivering a minimum of 250 litres of water per minute at a minimum of 700 kPA through a nozzle capable of projecting water by spray or by jet; and\n\n(ii) 2 persons, who have such qualifications in fire fighting as are approved.\n\n(3) In this regulation —\n\ndesignated burning area means an area of a landfill site that has been designated by the occupier of the site as a designated burning area and which —\n\n(a) is at least 50 metres from the boundary of the site;\n\n(b) has no inflammable material on it, other than the greenwaste and live trees, for a radius of 50 metres;\n\n(c) is positioned on an area of the site where waste (other than the greenwaste to be burnt) has not been deposited; and\n\n(d) is at least 500 metres from any person’s residence or place of employment (other than the landfill site) or an educational institution, hospital or other public place;\n\ngreenwaste means waste that originates from flora.\n\n##### 14. Outbreak of fire\n\n(1) The occupier of a landfill site must ensure that there are appropriate procedures in force at the site so that —\n\n(a) any unauthorised fire on the site is promptly extinguished; and\n\n(b) appropriate alarm and evacuation procedures are in place.\n\n(2) The occupier of a landfill site must ensure that an unauthorised fire on the site is extinguished as soon as possible.\n\n(3) Within 14 days of an unauthorised fire at a landfill site, the occupier of the site must give to the Chief Executive Officer a report on the fire containing —\n\n(a) details of the date, time and location of the fire;\n\n(b) the time the location of the fire was declared safe by the Fire Control Officer for the site; and\n\n(c) the cause, or suspected cause, of the fire.\n\nPenalty: $5 000.\n\n##### 15. Approval for disposal at landfill site of clinical waste or material containing asbestos\n\n(1) The occupier of a landfill site must ensure that clinical waste or material containing asbestos is not disposed of at the site unless the site is approved for the disposal of that waste or material, as is relevant.\n\n(2) The occupier of a landfill site must ensure that clinical waste and material containing asbestos is disposed of in accordance with the relevant approval.\n\nPenalty: $5 000.\n\n(3) Where there is a conflict between a requirement of regulation 16 and a requirement of an approval, the requirement of regulation 16 prevails.\n\n##### 16. Disposal of clinical waste and material containing asbestos\n\n(1) The occupier of a landfill site is to ensure that clinical waste and material containing asbestos disposed of at the site is disposed of under the occupier’s personal supervision or the personal supervision of a person nominated by the occupier.\n\n(2) The person supervising the disposal of clinical waste or material containing asbestos at a landfill site is to ensure that it is covered as soon as is practicable after its disposal —\n\n(a) with a dense, inert and incombustible material; and\n\n(b) to a depth of at least one metre.\n\n(3) The occupier of a landfill site is to ensure that there is kept at the landfill site an accurate and up to date —\n\n(a) register of clinical waste and material containing asbestos disposed of at the landfill site; and\n\n(b) a plan of the landfill site showing the position of clinical waste and material containing asbestos disposed of at the landfill site.\n\n(4) The person supervising the disposal of clinical waste or material containing asbestos at a landfill site is to make an entry in the register within 2 hours of supervising the covering of waste under subregulation (2), stating —\n\n(a) the date;\n\n(b) the person’s name;\n\n(c) that the waste has been covered in accordance with that subregulation; and\n\n(d) where more than one square metre of waste was covered, grid coordinates with reference to the plan of the landfill site so that the position of the waste can be easily and accurately ascertained.\n\n(5) The occupier of a landfill site is to ensure that the grid references entered in the register are marked on the plan of the landfill site.\n\nPenalty: $5 000.\n\n##### 17. Post‑closure plan\n\n(1) The occupier of a landfill site must prepare and submit to the Chief Executive Officer for approval a post‑closure rehabilitation plan, in accordance with subregulation (2), for the site within 18 months of the site being registered under regulation 5B of the *Environmental Protection Regulations 1987.*\n\nPenalty: $5 000.\n\n(2) A post‑closure rehabilitation plan is to set out a plan for the rehabilitation of the site after it has ceased to be a landfill site and, in particular, is to specify —\n\n(a) options for the use of the site after it has ceased to be a landfill site, and is to specify the preferred option;\n\n(b) a conceptual design of the infrastructure needed for the preferred option for the use of the site after it has ceased to be a landfill site;\n\n(c) the estimated final contours of the site, after allowing for settlement, and specifying to what extent settlement has been allowed for;\n\n(d) the capping materials proposed to be used on the site;\n\n(e) a proposed system of drainage of the site;\n\n(f) measures proposed for the protection of the environment and the monitoring of the site; and\n\n(g) the estimated period for which the site will require protection and monitoring.\n\nNotes\n\n1 This is a compilation of the *Environmental Protection (Rural Landfill) Regulations 2002* and includes the amendments made by the other written laws referred to in the following table.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Environmental Protection (Rural Landfill) Regulations 2002* | 14 Jun 2002 p. 2779-89 | 1 Jul 2002 (see r. 2) |\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\napproved 3\n\nclinical waste 3\n\ndesignated burning area 13(3)\n\nFire Control Officer 3\n\ngreenwaste 13(3)\n\nlandfill site 3\n\nLandfill Waste Classification and Waste Definitions 1996 3\n\nmaterial containing asbestos 3\n\nputrescible waste 3\n\nsurface water body 3\n\ntipping area 3\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — the legislative text is unavailable. No comparison between original and current provisions can be made."},"complexity_factors":["No legislative text is available to analyse — the page has been removed from the WA legislation website","Cannot assess complexity of the actual regulatory provisions without content","Score of 1 reflects the absence of content, not simplicity of the underlying law"],"plain_english_summary":"The Environmental Protection (Rural Landfill) Regulations 2002 would have set environmental standards and rules for the siting, operation and oversight of rural landfill sites across Western Australia. They matter to farmers, rural landowners, local councils and waste operators because they determine how waste can be disposed of on rural land and what protections, approvals or obligations apply.\n\nIf you need the current text, check the WA legislation website or contact the Parliamentary Counsel’s Office Helpdesk."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations apply only to premises specified as category 89 and registered under regulation 5B of the Environmental Protection Regulations 1987 (reg 4). They do not expand coverage beyond those listed premises; requirements are operational and post‑closure controls imposed on the occupier of such registered rural landfill sites."},"complexity_factors":["Numerous prescriptive technical requirements (tipping area dimensions, cover frequencies tied to annual tonnage, separation distances, firebreak widths) increasing operational specificity (regs 5–6, 9, 12, 13).","Cross‑references to other instruments and external standards (Environmental Protection Regulations 1987 reg 5B, Controlled Waste Regulations 2001 definitions, Landfill Waste Classification and Waste Definitions 1996) requiring interpretive work.","Administrative discretion and approvals held by the Chief Executive Officer (defined as 'approved' and multiple approvals required for asbestos/clinical waste and post‑closure plans) creating decision points and potential delay.","Detailed record‑keeping and reporting duties (registers, site plans, grid coordinates, 14‑day fire reports) adding compliance and monitoring burden (reg 16, reg 14).","Site‑specific technical obligations (stormwater diversion to sumps, firefighting vehicle and crew specifications) impose capital and staffing costs and require technical judgement (regs 10, 13).","Uniform monetary penalty ($5,000) for multiple breaches creates a straightforward but potentially brittle enforcement regime.","Some open‑ended terms ('adequately managed', 'visible dust', 'approved in writing') that may produce interpretive disputes in practice (regs 6(2), 10, 11)."],"plain_english_summary":"These regulations set operational and post‑closure requirements for rural landfill sites registered under the Environmental Protection Regulations 1987. They require occupiers to limit tipping area size, cover and contain waste at set frequencies, manage stormwater, dust and fire risk, and keep records (regs 4–17). The occupier bears compliance costs, must obtain CEO approvals for asbestos/clinical waste and post‑closure plans, and faces $5,000 penalties for breaches."},"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 appears focused on its original purpose of regulating rural landfill sites. The scope remains targeted at category 89 premises (smaller rural landfills) with specific operational requirements. There is no evidence of significant scope creep beyond the original intent of environmental protection for rural waste disposal facilities."},"complexity_factors":["17 regulations total, with moderate length and clear structure","11 defined terms in the interpretation section, including cross-references to other regulations (Controlled Waste Regulations 2001, Environmental Protection Regulations 1987, Rights in Water and Irrigation Act 1914)","Nested conditions in Regulation 13 (greenwaste burning) with 6 specific criteria plus sub-definitions for 'designated burning area'","Specific technical measurements throughout (e.g., '30 metres of 19 mm diameter rubber hose', '700 kPA', '250 litres per minute')","Conditional logic in Regulation 16 requiring specific record-keeping within 2-hour timeframes and grid coordinate mapping","Hierarchy of requirements in Regulation 15(3) establishing that regulation 16 prevails over conflicting approval conditions","Cross-referencing to external documents (Landfill Waste Classification and Waste Definitions 1996) that can be amended over time"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out practical rules for how small rural landfill sites in Western Australia must be managed to protect the environment and public health. They apply to specific premises registered as \"category 89 premises\" under the Environmental Protection Regulations 1987—essentially smaller waste disposal facilities in rural areas.\n\n**Key requirements for landfill operators:**\n\n*   **Size limits:** The active dumping area (\"tipping area\") cannot exceed 30 metres long or 2 metres high.\n*   **Covering waste:** Waste must be covered regularly with dense, non-flammable material—monthly for small sites (under 500 tonnes/year), fortnightly for medium sites, and weekly for larger sites (up to 5,000 tonnes/year). Operators must keep enough cover material on hand to cover the site twice over.\n*   **Fencing:** Sites must be fenced to keep out livestock like cattle and horses.\n*   **Containing waste:** Waste cannot blow or wash off-site, and any escaped waste must be collected monthly.\n*   **Buffer zones:** Waste must stay at least 35 metres from the fence, 100 metres from any surface water (rivers, wetlands), and 3 metres above the highest groundwater level—unless specifically approved otherwise.\n*   **Stormwater management:** Rainwater must be diverted away from waste areas, and any water that contacts waste must be collected in a sump or kept on-site.\n*   **Dust control:** No visible dust can leave the site.\n*   **Fire safety:** A 3-metre firebreak must surround the site. Only \"greenwaste\" (plant material) can be burned, and only under strict conditions: it must be dry and seasoned for 2 months, burned in designated areas far from boundaries and buildings, with specific firefighting equipment and qualified personnel present. Unauthorized fires must be extinguished immediately and reported within 14 days.\n*   **Hazardous waste:** Clinical waste (medical waste) and asbestos-containing material can only be disposed of with special approval. When disposed of, it must be supervised personally, covered with at least 1 metre of dense material immediately, and recorded in a register with grid coordinates mapped on a site plan.\n*   **Closure planning:** Within 18 months of registration, operators must submit a rehabilitation plan for what happens after the landfill closes—covering future land use, drainage, environmental monitoring, and how long monitoring will continue.\n\n**Who it affects:**\n\nPrimarily the operators (occupiers) of small rural landfill sites in Western Australia, as well as local governments or businesses that manage these facilities.\n\n**Why it matters:**\n\nThese rules prevent pollution of groundwater and surface water, reduce fire risks, control disease vectors from putrescible waste, protect livestock and wildlife, and ensure hazardous materials like asbestos and medical waste don't contaminate rural environments. The post-closure planning ensures sites don't become long-term environmental liabilities after they stop operating."}},"importantCases":[],"_links":{"self":"/api/acts/environmental-protection-rural-landfill-regulations-2002","history":"/api/acts/environmental-protection-rural-landfill-regulations-2002/history","analysis":"/api/acts/environmental-protection-rural-landfill-regulations-2002/analysis","conflicts":"/api/acts/environmental-protection-rural-landfill-regulations-2002/conflicts","importantCases":"/api/acts/environmental-protection-rural-landfill-regulations-2002/important-cases","documents":"/api/acts/environmental-protection-rural-landfill-regulations-2002/documents"}}