{"id":"tas:sr-2022-035","name":"Waste and Resource Recovery Regulations 2022","slug":"waste-and-resource-recovery-regulations-2022","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"35 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179614,"registerId":"tas-tas:sr-2022-035-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Waste and Resource Recovery Regulations 2022](/view/html/inforce/2026-04-12/sr-2022-035) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on the day on which Parts 3 and 4 of the [Waste and Resource Recovery Act 2022](/view/html/inforce/2026-04-12/act-2022-006) commence.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Waste and Resource Recovery Act 2022](/view/html/inforce/2026-04-12/act-2022-006)\n> \n> > ***Class A landfill facility*** means a landfill facility that receives, or is likely to receive, 10 000 tonnes, or more, of waste per financial year;\n> \n> > ***Class A resource recovery facility*** means a resource recovery facility that receives, or is likely to receive, for the purposes of resource recovery, 10 000 tonnes, or more, of waste per financial year;\n> \n> > ***Class B landfill facility*** means a landfill facility that receives, or is likely to receive, more than 100 tonnes and fewer than 10 000 tonnes of waste per financial year;\n> \n> > ***Class B resource recovery facility*** means a resource recovery facility that receives, or is likely to receive, for the purposes of resource recovery, more than 1 000 tonnes and fewer than 10 000 tonnes of waste per financial year;\n> \n> > ***combined waste facility*** means a facility that incorporates one or more landfill facilities and one or more resource recovery facilities on the same premises;\n> \n> > ***commencement day*** means the day on which these regulations commence;\n> \n> > ***financial year*** means the 12-month period ending on 30 June in any year;\n> \n> > ***landfill movement record*** – see [regulation 12](#GS12@EN) ;\n> \n> > ***resource recovery movement record*** – see [regulation 21](#GS21@EN) .","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"General","content":"# Part 2 General","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Places that are not landfill facilities","content":"### 4 Places that are not landfill facilities\n\n> For the purposes of [section 4(3)(b)](/view/html/inforce/2026-04-12/act-2022-006#GS4@Gs3@Hpb@EN) of the Act, members of the following classes of facilities are prescribed not to be landfill facilities:\n> \n> > > (a) facilities that receive, or are likely to receive, 100 tonnes, or fewer, of waste per financial year;\n> > \n> > > (b) facilities that receive only waste excluded from the application of [Part 3](/view/html/inforce/2026-04-12/act-2022-006#HP3@EN) of the Act.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Places that are not resource recovery facilities","content":"### 5 Places that are not resource recovery facilities\n\n> For the purposes of [section 5(2)(b)](/view/html/inforce/2026-04-12/act-2022-006#GS5@Gs2@Hpb@EN) of the Act, a facility at which resource recovery occurs that receives, or is likely to receive, 1 000 tonnes or fewer of waste per financial year is prescribed to be a member of a class of facilities that is not a resource recovery facility for the purposes of the Act.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Application of funds from Waste and Resource Recovery Account","content":"### 6 Application of funds from Waste and Resource Recovery Account\n\n> For the purposes of [section 24(3)(c)](/view/html/inforce/2026-04-12/act-2022-006#GS24@Gs3@Hpc@EN) of the Act, the following amounts may be applied by the Secretary from the Waste and Resource Recovery Account, for the following purposes:\n> \n> > > (a) 303 031 fee units per year, to be disbursed to the Environment Protection Authority for the purpose of fulfilling the litter and illegal dumping compliance functions of that Authority;\n> > \n> > > (b) 606 061 fee units per year, for the purposes of –\n> > > \n> > > > > (i) the implementation and regulation of the waste levy; and\n> > > > \n> > > > > (ii) the collection of information in relation to waste in accordance with the Act.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Matter excluded from waste levy","content":"### 7 Matter excluded from waste levy\n\n> > (1)  In this regulation –\n> > \n> > > ***biosecurity matter*** has the same meaning as in the [Biosecurity Act 2019](/view/html/inforce/2026-04-12/act-2019-022) ;\n> > \n> > > ***carrier***, in relation to biosecurity matter, has the same meaning as in the [Biosecurity Act 2019](/view/html/inforce/2026-04-12/act-2019-022) ;\n> > \n> > > ***wastewater treatment plant*** means a plant that is used for the purpose of carrying out wastewater treatment which involves the discharge of treated or untreated sewage, septic tank effluent or industrial or commercial wastewater to land or water.\n> \n> > (2)  For the purposes of [section 28(b)](/view/html/inforce/2026-04-12/act-2022-006#GS28@Hpb@EN) of the Act, the following matter is prescribed to be excluded from [Part 3](/view/html/inforce/2026-04-12/act-2022-006#HP3@EN) of the Act:\n> > \n> > > > (a) asbestos that may be lawfully disposed of at the landfill facility at which it is received, if the asbestos was transported to the facility in accordance with the [Environmental Management and Pollution Control (Waste Management) Regulations 2020](/view/html/inforce/2026-04-12/sr-2020-015) ;\n> > > \n> > > > (b) biosecurity matter, or a carrier of biosecurity matter, that is required under the [Biosecurity Act 2019](/view/html/inforce/2026-04-12/act-2019-022) to be destroyed or disposed of at any premises;\n> > > \n> > > > (c) organic waste for the purposes of soil improvement;\n> > > \n> > > > (d) treated wastewater from a wastewater treatment plant that may be lawfully disposed of at the landfill facility at which it is received;\n> > > \n> > > > (e) natural mining matter including tailings, overburden, waste rock, and other matter used for earthworks at the mine site, but not including engineered or manufactured matter;\n> > > \n> > > > (f) 10% of all other matter that is received by a landfill facility in a calendar month, not including the matter specified in [paragraphs (a)](#GS7@Gs2@Hpa@EN) , [(b)](#GS7@Gs2@Hpb@EN) , [(c)](#GS7@Gs2@Hpc@EN) , [(d)](#GS7@Gs2@Hpd@EN) and [(e)](#GS7@Gs2@Hpe@EN) .","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Prescribed levy","content":"### 8 Prescribed levy\n\n> For the purposes of [section 29](/view/html/inforce/2026-04-12/act-2022-006#GS29@EN) of the Act, the prescribed levy in respect of a tonne of waste in a calendar month is –\n> \n> > > (a) for the period commencing on 1 July 2024 and concluding on 30 June 2026 (both days inclusive), 24 fee units; and\n> > \n> > > (b) on and after 1 July 2026, 36 fee units.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Requirements for purposes of Act","content":"### 9 Requirements for purposes of Act\n\n> > (1)  The requirements imposed by the following provisions are requirements prescribed for landfill facilities for the purposes of [section 35(1)](/view/html/inforce/2026-04-12/act-2022-006#GS35@Gs1@EN) of the Act:\n> > \n> > > > (a) [regulation 10(4)](#GS10@Gs4@EN) ;\n> > > \n> > > > (b) [regulation 11(2)](#GS11@Gs2@EN) ;\n> > > \n> > > > (c) [regulation 11(3)](#GS11@Gs3@EN) ;\n> > > \n> > > > (d) [regulation 12(1)](#GS12@Gs1@EN) ;\n> > > \n> > > > (e) [regulation 12(3)](#GS12@Gs3@EN) ;\n> > > \n> > > > (f) [regulation 14(1)](#GS14@Gs1@EN) ;\n> > > \n> > > > (g) [regulation 14(2)](#GS14@Gs2@EN) ;\n> > > \n> > > > (h) [regulation 14(5)](#GS14@Gs5@EN) ;\n> > > \n> > > > (i) [regulation 15(2)](#GS15@Gs2@EN) ;\n> > > \n> > > > (j) [regulation 16(2)](#GS16@Gs2@EN) ;\n> > > \n> > > > (k) [regulation 17(1)](#GS17@Gs1@EN) .\n> \n> > (2)  The requirements imposed by the following provisions are requirements prescribed for resource recovery facilities for the purposes of [section 38(1)](/view/html/inforce/2026-04-12/act-2022-006#GS38@Gs1@EN) of the Act:\n> > \n> > > > (a) [regulation 19(2)](#GS19@Gs2@EN) ;\n> > > \n> > > > (b) [regulation 19(3)](#GS19@Gs3@EN) ;\n> > > \n> > > > (c) [regulation 21(1)](#GS21@Gs1@EN) ;\n> > > \n> > > > (d) [regulation 22(1)](#GS22@Gs1@EN) ;\n> > > \n> > > > (e) [regulation 22(3)](#GS22@Gs3@EN) ;\n> > > \n> > > > (f) [regulation 23(1)](#GS23@Gs1@EN) .","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Landfill Facility Requirements","content":"# Part 3 Landfill Facility Requirements","sortOrder":11},{"sectionNumber":"Division 1","sectionType":"division","heading":"Operational requirements","content":"## Division 1 Operational requirements","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Volumetric survey","content":"### 10 Volumetric survey\n\n> > (1)  In this regulation –\n> > \n> > > ***landfill cell*** means a defined and separate compartment within a landfill facility, designed to receive and hold waste for disposal under a relevant authority issued under an Act.\n> \n> > (2)  For the purposes of [section 36(5)(c)](/view/html/inforce/2026-04-12/act-2022-006#GS36@Gs5@Hpc@EN) of the Act, the prescribed manner in which a volumetric survey in relation to a landfill facility is to be carried out is –\n> > \n> > > > (a) in a manner consistent with Ministerial standards issued under [section 56](/view/html/inforce/2026-04-12/act-2022-006#GS56@EN) of the Act in relation to the operation of a landfill facility, if any; and\n> > > \n> > > > (b) in accordance with guidelines, if any, issued under [section 57](/view/html/inforce/2026-04-12/act-2022-006#GS57@EN) of the Act in relation to the operation of a landfill facility.\n> \n> > (3)  If a landfill facility is part of a combined waste facility, any volumetric survey required to be carried out in relation to the landfill facility is to be carried out in respect of the whole of the combined waste facility.\n> \n> > (4)  The operator of a Class A landfill facility must cause a volumetric survey to be carried out in accordance with [section 36(2)](/view/html/inforce/2026-04-12/act-2022-006#GS36@Gs2@EN) of the Act on completion of construction of, and prior to commencing use of, each landfill cell that forms part of the Class A landfill facility.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Methods of measurement of waste movement in respect of landfill facility","content":"### 11 Methods of measurement of waste movement in respect of landfill facility\n\n> > (1)  In this regulation –\n> > \n> > > ***weighbridge*** means a weighbridge that is being operated in accordance with the “Weighbridge Operators Manual: A Guide for Operators who Conduct Public Weighings”, published in 2008, and as amended from time to time, by the National Measurement Institute established under the *National Measurement Act 1960* of the Commonwealth.\n> \n> > (2)  Subject to [subregulation (3)](#GS11@Gs3@EN) , an operator of a landfill facility must use a weighbridge, either at the facility or at another location, to quantify the movement of waste into, or out of, the facility for the purposes of making a landfill movement record.\n> \n> > (3)  If it is not reasonably practicable to use a weighbridge as specified in [subregulation (2)](#GS11@Gs2@EN) , the operator must, for the purposes of making a landfill movement record, estimate the quantity of the movement of waste into, or out of, the facility using an approved weight estimation method in accordance with guidelines issued under [section 57](/view/html/inforce/2026-04-12/act-2022-006#GS57@EN) of the Act.\n> \n> > (4)  For the purposes of this regulation, it is not reasonably practicable to use a weighbridge as specified in [subregulation (2)](#GS11@Gs2@EN) if –\n> > \n> > > > (a) there are no functional weighbridges on, or within a reasonable distance of, the landfill facility; or\n> > > \n> > > > (b) the operator of the landfill facility has been exempted under [regulation 27(4)](#GS27@Gs4@EN) from the requirement to use a weighbridge.","sortOrder":14},{"sectionNumber":"Division 2","sectionType":"division","heading":"Records and reporting","content":"## Division 2 Records and reporting","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Landfill movement record","content":"### 12 Landfill movement record\n\n> > (1)  An operator of a landfill facility must make a record (a ***landfill movement record***) in respect of each movement of waste –\n> > \n> > > > (a) into, or out of, a landfill facility; or\n> > > \n> > > > (b) into, out of or between a part of a combined waste facility that is a landfill facility and a part of the combined waste facility that is a resource recovery facility.\n> \n> > (2)  A landfill movement record is to be in an approved form and is to include the following information:\n> > \n> > > > (a) the source of the waste;\n> > > \n> > > > (b) the quantity of the waste;\n> > > \n> > > > (c) the material or materials that make up the waste, classified in accordance with a classification scheme set out in guidelines issued under [section 57](/view/html/inforce/2026-04-12/act-2022-006#GS57@EN) of the Act;\n> > > \n> > > > (d) any other information required in accordance with guidelines issued under [section 57](/view/html/inforce/2026-04-12/act-2022-006#GS57@EN) of the Act.\n> \n> > (3)  In addition to the requirement under [subregulation (1)](#GS12@Gs1@EN) , the Secretary may at any time require an operator of a landfill facility to provide to the Secretary, by notice in writing, within the period specified in the notice, information in relation to landfill movement records of that facility in relation to any period, once or on an ongoing basis, and the person must comply with that requirement.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Waste levy return","content":"### 13 Waste levy return\n\n> For the purposes of [section 32(2)(b)](/view/html/inforce/2026-04-12/act-2022-006#GS32@Gs2@Hpb@EN) of the Act, a record specifying the aggregate information of each landfill movement record for the calendar month, in relation to the landfill facility to which a waste levy return relates, is prescribed information to be included in the return.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Waste levy compliance management plan","content":"### 14 Waste levy compliance management plan\n\n> > (1)  An operator of a landfill facility must prepare a draft waste levy compliance management plan in accordance with [subregulation (3)](#GS14@Gs3@EN) in respect of the landfill facility.\n> \n> > (2)  An operator of a landfill facility must submit a draft waste levy compliance management plan prepared under this regulation to the Secretary for approval –\n> > \n> > > > (a) if the landfill facility is in operation on the commencement day, within 60 days after the commencement day; or\n> > > \n> > > > (b) if the landfill facility is not in operation on the commencement day, before commencing operation of the landfill facility; or\n> > > \n> > > > (c) within the period specified in a requirement under [subregulation (4)(c)](#GS14@Gs4@Hpc@EN) .\n> \n> > (3)  A draft waste levy compliance management plan is to –\n> > \n> > > > (a) be consistent with Ministerial standards issued under [section 56](/view/html/inforce/2026-04-12/act-2022-006#GS56@EN) of the Act in relation to the operation of a landfill facility, if any; and\n> > > \n> > > > (b) be prepared in accordance with guidelines, if any, issued under [section 57](/view/html/inforce/2026-04-12/act-2022-006#GS57@EN) of the Act in relation to the operation of a landfill facility; and\n> > > \n> > > > (c) specify the following matters:\n> > > > \n> > > > > > (i) the boundary of the landfill facility;\n> > > > > \n> > > > > > (ii) the location at which, and means by which, the waste is quantified;\n> > > > > \n> > > > > > (iii) the areas within the landfill facility in which waste is stockpiled;\n> > > > > \n> > > > > > (iv) the areas within the landfill facility in which operational materials are stockpiled;\n> > > > > \n> > > > > > (v) the location of active and planned landfill cells;\n> > > > > \n> > > > > > (vi) the access and security measures employed at the landfill facility to control and record waste entering and leaving the landfill facility;\n> > > > > \n> > > > > > (vii) the procedures in place to ensure compliance with the Act.\n> \n> > (4)  On receipt of a draft waste levy compliance management plan, the Secretary may do one or more of the following:\n> > \n> > > > (a) approve the draft waste levy compliance management plan as submitted under [subregulation (2)](#GS14@Gs2@EN) , subject to any conditions that the Secretary thinks fit;\n> > > \n> > > > (b) require the operator of the landfill facility to provide further information in relation to the draft waste levy compliance management plan within a period specified by the Secretary;\n> > > \n> > > > (c) require the operator of the landfill facility to amend and resubmit the draft waste levy compliance management plan for approval within a period specified by the Secretary.\n> \n> > (5)  The operator of a landfill facility must comply with the waste levy compliance management plan approved by the Secretary under [subregulation (4)(a)](#GS14@Gs4@Hpa@EN) in relation to the landfill facility.\n> \n> > (6)  In this regulation –\n> > \n> > > ***operational material*** means material brought on to a landfill facility that is used in rehabilitation of the land or the construction of the landfill and is not disposed of into the landfill.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Amendment of waste levy compliance management plan","content":"### 15 Amendment of waste levy compliance management plan\n\n> > (1)  The Secretary may, from time to time, request that a landfill operator amend and resubmit a waste levy compliance management plan previously approved under [regulation 14(4)](#GS14@Gs4@EN) , within the period specified in the request.\n> \n> > (2)  A landfill operator must amend and resubmit a waste levy compliance management plan as requested under [subregulation (1)](#GS15@Gs1@EN) .\n> \n> > (3)  If the landfill operator amends and resubmits the waste levy compliance management plan under [subregulation (2)](#GS15@Gs2@EN) , the Secretary must approve the amended waste levy compliance management plan.\n> \n> > (4)  A landfill operator may apply to the Secretary at any time to amend and resubmit for approval a waste levy compliance management plan previously approved under [regulation 14(4)](#GS14@Gs4@EN) .\n> \n> > (5)  If a landfill operator makes a successful application under [subregulation (4)](#GS15@Gs4@EN) , [regulation 14(3)](#GS14@Gs3@EN) and [(4)](#GS14@Gs4@EN) apply as if the resubmitted plan were a draft waste levy compliance management plan.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Attributable levy amount disclosure","content":"### 16 Attributable levy amount disclosure\n\n> > (1)  In this regulation –\n> > \n> > > ***attributable levy amount***, in relation to waste, means an amount directly attributable to the recovery of the amount of the prescribed levy in relation to that waste.\n> \n> > (2)  If any amount of a fee charged by a landfill facility operator to a person for the disposal of waste into, or onto, the landfill facility is an attributable levy amount, the operator must ensure that that amount is specified on any receipt or invoice issued to the person by the operator of the landfill facility in relation to the fee charged to the person.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Annual return","content":"### 17 Annual return\n\n> > (1)  An operator of a landfill facility must, before 1 November in each year, submit an annual return to the Secretary in relation to the landfill facility for the previous financial year.\n> \n> > (2)  An annual return submitted under [subregulation (1)](#GS17@Gs1@EN) is to be in an approved form.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Record-keeping","content":"### 18 Record-keeping\n\n> For the purposes of [section 37(e)](/view/html/inforce/2026-04-12/act-2022-006#GS37@Hpe@EN) of the Act, the following documents are prescribed:\n> \n> > > (a) a landfill movement record;\n> > \n> > > (b) a copy of the waste levy compliance management plan approved under [regulation 14(4)(a)](#GS14@Gs4@Hpa@EN) ;\n> > \n> > > (c) any document or record produced by a weighbridge operator, and given to an operator of a landfill facility, in relation to the use of a weighbridge, the reading from which is used to make a landfill movement record.","sortOrder":22},{"sectionNumber":"Part 4","sectionType":"part","heading":"Resource Recovery Facility Requirements","content":"# Part 4 Resource Recovery Facility Requirements","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Methods of measurement of waste movement in respect of resource recovery facility","content":"### 19 Methods of measurement of waste movement in respect of resource recovery facility\n\n> > (1)  In this regulation –\n> > \n> > > ***weighbridge*** means a weighbridge being operated in accordance with the “Weighbridge Operators Manual: A Guide for Operators who Conduct Public Weighings”, published in 2008, and as amended from time to time, by the National Measurement Institute established under the *National Measurement Act 1960* of the Commonwealth.\n> \n> > (2)  Subject to [subregulation (3)](#GS11@Gs3@EN) , a person responsible in relation to a resource recovery facility must use a weighbridge, either at the facility or at another location, to quantify the movement of waste into, or out of, the facility for the purposes of making a resource recovery movement record.\n> \n> > (3)  If it is not reasonably practicable to use a weighbridge as specified in [subregulation (2)](#GS11@Gs2@EN) , the person responsible in relation to the resource recovery facility must estimate the quantity of the movement of waste into, or out of, the facility for the purposes of making a resource recovery movement record using an approved weight estimation method in accordance with guidelines issued under [section 57](/view/html/inforce/2026-04-12/act-2022-006#GS57@EN) of the Act.\n> \n> > (4)  For the purposes of this regulation, it is not reasonably practicable to use a weighbridge as specified in [subregulation (2)](#GS11@Gs2@EN) if –\n> > \n> > > > (a) there are no functional weighbridges on, or within a reasonable distance of, the resource recovery facility; or\n> > > \n> > > > (b) the person responsible in relation to the resource recovery facility has been exempted under regulation 27(4) from the requirement to use a weighbridge.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Application of Division","content":"### 20 Application of Division\n\n> This Division applies to a resource recovery facility that is not part of a combined waste facility.","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Resource recovery movement record","content":"### 21 Resource recovery movement record\n\n> > (1)  A person responsible in relation to a resource recovery facility must make a record (a ***resource recovery movement record***) in respect of each movement of waste into, or out of, a resource recovery facility.\n> \n> > (2)  A resource recovery movement record is to be in an approved form and is to include the following information:\n> > \n> > > > (a) the source of the waste;\n> > > \n> > > > (b) the quantity of the waste;\n> > > \n> > > > (c) the material or materials that make up the waste, classified in accordance with a classification scheme set out in guidelines issued under [section 57](/view/html/inforce/2026-04-12/act-2022-006#GS57@EN) of the Act;\n> > > \n> > > > (d) any other information required in accordance with guidelines issued under [section 57](/view/html/inforce/2026-04-12/act-2022-006#GS57@EN) of the Act.","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Resource recovery monthly return","content":"### 22 Resource recovery monthly return\n\n> > (1)  A person responsible in relation to a Class A resource recovery facility must give to the Secretary, within 30 working days after the end of each calendar month, a return specifying the aggregate information of each resource recovery movement record made during the calendar month in relation to the movement of waste at that Class A resource recovery facility.\n> \n> > (2)  A return under this regulation is to be in the approved form.\n> \n> > (3)  In addition to the requirement under [subregulation (1)](#GS22@Gs1@EN) , the Secretary may at any time require a person responsible in relation to a resource recovery facility to provide to the Secretary, by notice in writing, within the period specified in the notice, information in relation to resource recovery movement records of that facility in relation to any period, once or on an ongoing basis, and the person must comply with that requirement.","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Annual return","content":"### 23 Annual return\n\n> > (1)  A person responsible in relation to a resource recovery facility must, before 1 November in each year, submit an annual return to the Secretary in relation to the resource recovery facility for the previous financial year.\n> \n> > (2)  An annual return submitted under [subregulation (1)](#GS17@Gs1@EN) is to –\n> > \n> > > > (a) be in an approved form; and\n> > > \n> > > > (b) if the resource recovery facility to which the return relates is a Class B resource recovery facility, include the aggregate information of each resource recovery movement record made by the resource recovery facility during the financial year to which the return relates.","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Record keeping","content":"### 24 Record keeping\n\n> For the purposes of [section 39](/view/html/inforce/2026-04-12/act-2022-006#GS39@EN) of the Act, the following information is prescribed:\n> \n> > > (a) a resource recovery movement record;\n> > \n> > > (b) a copy of each resource recovery monthly return given, by a person responsible in relation to the resource recovery facility, to the Secretary under [regulation 22](#GS22@EN) ;\n> > \n> > > (c) any results in respect of the resource recovery facility of any volumetric survey carried out in accordance with [section 36](/view/html/inforce/2026-04-12/act-2022-006#GS36@EN) of the Act;\n> > \n> > > (d) copies of all correspondence between a person responsible in relation to the resource recovery facility and the Secretary.","sortOrder":31},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous","sortOrder":32},{"sectionNumber":"25","sectionType":"section","heading":"Electronic information","content":"### 25 Electronic information\n\n> > (1)  Subject to [subregulation (2)](#GS25@Gs2@EN) , a person may keep, provide or submit information required for the purposes of the Act electronically.\n> \n> > (2)  If a person is required to provide or submit information to another person, it must be provided or submitted by a means consented to by the other person.","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Transitional exemption for Class B resource recovery facilities","content":"### 26 Transitional exemption for Class B resource recovery facilities\n\n> A person responsible in relation to a Class B resource recovery facility is exempt, for the period commencing on the commencement day and ending on 30 June 2024 (both days inclusive), from the operation of these regulations.","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Applications for exemptions","content":"### 27 Applications for exemptions\n\n> > (1)  A person may apply in writing to the Minister for an exemption from the operation of a provision or provisions of [Part 3](/view/html/inforce/2026-04-12/act-2022-006#HP3@EN) of the Act.\n> \n> > (2)  A person may apply in writing to the Secretary for an exemption from the operation of a provision or provisions of –\n> > \n> > > > (a) [Part 4](/view/html/inforce/2026-04-12/act-2022-006#HP4@EN) of the Act; or\n> > > \n> > > > (b) these regulations.\n> \n> > (3)  An application made under [subregulation (1)](#GS27@Gs1@EN) or [(2)](#GS27@Gs2@EN) is to be –\n> > \n> > > > (a) in the approved form; and\n> > > \n> > > > (b) accompanied by a fee of 240 fee units.\n> \n> > (4)  On receiving an application under [subregulation (1)](#GS27@Gs1@EN) or [(2)](#GS27@Gs2@EN) , respectively, the Minister or Secretary may –\n> > \n> > > > (a) approve the application, subject to any terms and conditions that the Minister or Secretary thinks fit; or\n> > > \n> > > > (b) refuse the application; or\n> > > \n> > > > (c) request that the person provide further information in relation to the application and, after receiving and considering the further information, approve the application under [paragraph (a)](#GS27@Gs4@Hpa@EN) or refuse the application under [paragraph (b)](#GS27@Gs4@Hpb@EN) .\n> \n> > (5)  The Minister, or Secretary, respectively, is to notify the applicant in writing of a decision or request made under [subregulation (4)](#GS27@Gs4@EN) .","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Infringement notices","content":"### 28 Infringement notices\n\n> For the purposes of [section 45](/view/html/inforce/2026-04-12/act-2022-006#GS45@EN) of the Act –\n> \n> > > (a) an offence against a provision specified in column 2 of the table in [Schedule 1](#JS1@EN) is prescribed as an infringement offence; and\n> > \n> > > (b) the penalty specified in column 3 of the table in [Schedule 1](#JS1@EN) is prescribed as the penalty payable in respect of an individual for the relevant offence specified in column 2 of that table; and\n> > \n> > > (c) the penalty specified in column 4 of the table in [Schedule 1](#JS1@EN) is prescribed as the penalty payable in respect of a body corporate for the relevant offence specified in column 2 of that table.","sortOrder":36},{"sectionNumber":"SCHEDULE 1 - Infringement Offe","sectionType":"part","heading":"SCHEDULE 1 - Infringement Offences","content":"# SCHEDULE 1 - Infringement Offe SCHEDULE 1 - Infringement Offences\n\n[Regulation 28](#GS28@EN)\n\n|  | Provision of Act | Penalty units -individual | Penalty units -body corporate |\n| 1. | Section 32(1) | 20 | 40 |\n| 2. | Section 33(3) | 20 | 40 |\n| 3. | Section 34 | 20 | 40 |\n| 4. | Section 35(1) | 20 | 40 |\n| 5. | Section 35(2) | 20 | 40 |\n| 6. | Section 36(2) | 20 | 40 |\n| 7. | Section 36(4) | 20 | 40 |\n| 8. | Section 36(6) | 20 | 40 |\n| 9. | Section 37 | 20 | 40 |\n| 10. | Section 38(1) | 20 | 40 |\n| 11. | Section 38(2) | 20 | 40 |\n| 12. | Section 39 | 20 | 40 |\n| 13. | Section 40 | 20 | 40 |\n| 14. | Section 41 | 20 | 40 |\n| 15. | Section 42(4) | 20 | 40 |\n| 16. | Section 43(4) | 20 | 40 |\n| 17. | Section 44(4) | 20 | 40 |\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 29 June 2022\n\nThese regulations are administered in the Department of Natural Resources and Environment Tasmania.","sortOrder":37}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"These regulations primarily operationalise and detail obligations authorised by the Waste and Resource Recovery Act 2022 (measurement, records, reporting, levy rates, exclusions, enforcement and administrative procedures). They do not expand the Act’s substantive scope beyond what the principal Act contemplates; rather they prescribe thresholds, administrative processes, fee levels and exclusions within the Act’s enabling powers. The regulations do, however, narrow or clarify coverage in places by prescribing exclusions (reg 7) and by exempting small facilities and providing a transitional exemption for Class B resource recovery facilities (regs 4–5, 26), which are consistent with the Act’s framework rather than a substantive scope expansion."},"complexity_factors":["Multiple defined facility classes and quantitative thresholds in regulation 3 (e.g. 100 t, 1,000 t, 10,000 t), which determine applicability and different obligations","Frequent cross‑references to many sections of the Waste and Resource Recovery Act 2022 (sec 24, 28, 29, 32–44, 56–57, etc.), creating dependence on the principal Act and its secondary instruments","Dependence on Ministerial standards and guidelines under sections 56 and 57 for operational detail (see regs 10(2), 11(3), 14(3), 19(3)), leaving substantive behaviour to future instruments","Several conditional rules about methods of measurement (weighbridge requirement with an exception where 'not reasonably practicable' and an approved estimation alternative) in regs 11 and 19","Multiple reporting streams and timeframes: movement records (per movement), monthly returns for Class A resource recovery facilities, monthly aggregated levy returns, and annual returns due by 1 November (regs 12–13, 17, 22–23)","Approval and amendment regime with administrative discretion: Secretary approves compliance plans and can impose conditions and request amendments (regs 14–15)","Exemptions procedure with an application fee of 240 fee units and decision discretions for Minister/Secretary (reg 27)","Specified exclusions from the levy including several categories plus a 10% monthly allowance (reg 7) — multiple carve‑outs increase interpretive complexity","Schedule 1 contains 17 infringement items with standardised penalties (20 units individuals; 40 units bodies), so enforcement is structured but detailed (reg 28 and Schedule 1)","Transitional provision for Class B resource recovery facilities (reg 26) introduces a temporary divergence in obligations"],"plain_english_summary":"**What these regulations do (mechanically)\n\n- Set classes and thresholds for waste facilities. The regulations define Class A and Class B landfill and resource recovery facilities by annual tonnage thresholds (e.g. 10,000 t/yr and 1,000 t/yr cut‑offs) and also define combined waste facilities and related terms (reg 3).\n\n- Prescribe which small sites are outside the regime. Facilities receiving 100 t/yr or less (landfill) or 1,000 t/yr or less (resource recovery) are prescribed not to be caught (regs 4–5).\n\n- Specify the waste levy rate and when it changes. The levy is prescribed at 24 fee units per tonne from 1 July 2024 to 30 June 2026, and 36 fee units per tonne from 1 July 2026 (reg 8).\n\n- Allocate funds from the Waste and Resource Recovery Account. The Secretary may disburse fixed amounts (expressed in fee units) to the Environment Protection Authority for litter/illegal dumping work and to levy administration and waste data collection (reg 6).\n\n- Exclude specified matter from the levy. The regulations list several exclusions (e.g. certain asbestos disposed in accordance with other regs, biosecurity material required to be destroyed, organic waste for soil improvement, treated wastewater, mine overburden, and up to 10% per month of other matter) (reg 7).\n\n- Require measurement, recording and reporting of waste movements. Operators must measure waste movements using a weighbridge where reasonably practicable (or an approved estimation method if not) (regs 11, 19). They must create and keep movement records in an approved form for each waste movement (regs 12, 21) and provide monthly returns for Class A resource recovery facilities and monthly aggregate data for landfill levy returns (regs 13, 22). Annual returns are required by 1 November for both landfill and resource recovery facilities (regs 17, 23).\n\n- Require operational controls and plans for landfill operators. Class A landfill operators must have volumetric surveys on completion of each landfill cell and must prepare and submit a waste levy compliance management plan for approval; the Secretary can approve with conditions or require amendments (regs 10, 14–15).\n\n- Require disclosure of levy amounts on invoices/receipts when the levy is passed to customers (reg 16).\n\n- Provide record‑keeping and electronic submission rules. The regulations list prescribed records (movement records, approved plans, weighbridge documents) and allow electronic submissions where the recipient consents (regs 18, 24–25).\n\n- Establish exemptions and an application process. Applicants can seek exemptions from parts of the Act or these regulations; applications must be in approved form and pay a 240 fee‑unit application fee; the Minister or Secretary may grant, refuse or require more information and may impose conditions (reg 27). There is also a transitional exemption for Class B resource recovery facilities until 30 June 2024 (reg 26).\n\n- Provide enforcement by infringement notices with specified penalty amounts for listed breaches of the Act (reg 28 and Schedule 1).\n\n\nWho is affected\n\n- Operators of landfill facilities (particularly Class A and Class B) and persons responsible for resource recovery facilities (Class A and Class B thresholds differ) — they bear the main compliance obligations (measurement, records, returns, plans).\n- Customers of landfill services: operators must show any levy component on invoices/receipts (reg 16).\n- The Secretary and the Minister: they have approval, inspection, information‑request and exemption decision powers (regs 12(3), 14(4), 15, 27).\n- The Environment Protection Authority: receives specified funds from the Waste and Resource Recovery Account for litter and illegal dumping enforcement (reg 6).\n\n\nWhy it matters (official purpose claims and how they are implemented)\n\n- The regulations implement the Act's waste levy and administrative regime by setting measurement rules, records, reporting, levy rates, excluded material categories, compliance plans and enforcement tools. They operationalise the Act rather than creating new, standalone policy.\n\n- Claimed purposes in the source are to enable levy collection, improve compliance and data collection, and support enforcement of litter and illegal dumping. Mechanically, the regulations do this by imposing record‑keeping and reporting duties, prescribing measurement methods (weighbridge or approved estimation), funding enforcement functions (reg 6) and creating penalties/infringement notices for non‑compliance (reg 28, Schedule 1).\n\n\nCosts, incentives, trade‑offs and implementation points (practical test against costs and incentives)\n\n- Direct compliance costs: Operators face administrative costs (setting up movement records, monthly and annual returns, approved forms), the cost of preparing and maintaining an approved waste levy compliance management plan (Class A landfill), and potential costs to install and operate weighbridges (or use approved estimation methods where weighbridges are not reasonably practicable) (regs 11, 14, 19). These costs are concentrated on facility operators, especially larger facilities.\n\n- Ongoing reporting burden: Class A facilities must provide monthly returns and all facilities must provide annual returns and keep specified records; the Secretary can also request data on an ongoing basis (regs 12(3), 22(1), 23(1), 17(1)). That increases ongoing regulatory reporting obligations.\n\n- Price and competitive effects: The levy is a per‑tonne charge that operators may pass to customers (reg 16 requires disclosure if passed on). Higher levy levels (24 → 36 fee units) raise marginal disposal costs from 1 July 2026 (reg 8), which changes commercial incentives about disposal vs recovery and may shift waste flows toward resource recovery or alternative disposal/processing.\n\n- Scope/avoidance incentives: The regulations list several exclusions (reg 7) — including a 10% monthly carve‑out for other matter — that create legal pathways to avoid paying the levy. Operators and waste generators may respond by reclassifying waste or shifting disposal routes to use exclusions, depending on the specifics of other legislation and guidelines.\n\n- Administrative discretion and implementation risk: Many operational details are left to Ministerial standards and guidelines (see regs 10(2), 14(3), 11(3), 19(3) referencing sec 56/57 of the Act). The Secretary and Minister have substantial decision‑making discretion (approving plans, exemptions, requesting further information). That centralises decision rights and creates implementation dependence on secondary instruments and administrative practice.\n\n- Enforcement: The regulations prescribe a schedule of infringement offences with fixed penalty‑unit amounts (20 penalty units for individuals, 40 for bodies corporate for listed sections) (reg 28 and Schedule 1). This provides low‑cost enforcement pathways (infringement notices) for certain breaches but maintains higher sanctions and other enforcement tools under the Act.\n\n- Transition and small operator relief: A transitional exemption for Class B resource recovery facilities runs until 30 June 2024 (reg 26), and small facilities under the tonnage thresholds are excluded altogether (regs 4–5). This reduces compliance burden for small operators, concentrating obligations on larger operations.\n\n\nKey implementation dependencies and operational risks\n\n- The practical operation of measurement and classification depends on guidelines and Ministerial standards to be issued under the Act (regs 10(2), 11(3), 14(3), 19(3), and others). Until those instruments and approved forms are in place, operators will rely on the Secretary’s exercise of discretions and the guidance issued.\n\n- The Secretary’s powers to require information, to approve plans subject to conditions, and to grant exemptions (regs 12(3), 14(4), 15, 27(4)) concentrate decision‑making and create potential variation in application between facilities.\n\n\nBottom line (plain statement)\n\n- The regulations translate the Act into operational rules: they set levy rates, define which sites are caught, require weighbridge‑based measurement where practicable, impose movement‑record, return and plan obligations, allocate funding for enforcement and levy administration, provide an exemptions process (with an application fee), and fix infringement penalties. Larger and Class A facilities face the heaviest obligations; small sites are generally excluded. The rules create measurable compliance costs for operators, provide mechanisms for the Secretary to manage compliance and data, and change the economic incentives of disposing versus recovering waste through a per‑tonne levy (regs 3–28, Schedule 1)."},"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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"There is insufficient content in the provided document to assess whether the scope of these regulations changed from the original intent. Only status and metadata information is visible — no substantive provisions, explanatory memoranda, or amendment history details are included in the supplied text."},"complexity_factors":["The document as provided contains only administrative metadata (version details, amendment table references, authorship) — no substantive regulatory content is visible","Without the actual provisions, clauses, schedules or definitions, complexity cannot be properly assessed","Waste and resource recovery regulation as a field can be moderately complex due to interactions between state and local government, environmental law, and industry licensing — but this cannot be confirmed from the text supplied","Score reflects the extreme sparseness of the provided text rather than the likely complexity of the full instrument"],"plain_english_summary":"These are Tasmania’s Waste and Resource Recovery Regulations 2022, the subordinate rules under the Waste and Resource Recovery Act that govern how waste is managed, licensed, charged and reported in the state. They affect households, businesses, councils, waste operators and recyclers by setting operational requirements, fees and compliance obligations.\n\nNote: the text provided contains only administrative header/status information and no substantive regulatory provisions, so the specific duties, thresholds and penalties are not visible here."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose as subordinate legislation giving operational effect to the Waste and Resource Recovery Act 2022. The scope remains focused on waste levy administration, facility classification, and compliance monitoring without significant expansion beyond the parent Act's intent."},"complexity_factors":["Moderate cross-referencing to parent Act (Waste and Resource Recovery Act 2022) with 20+ specific section references","Dual classification systems (Class A/Class B) applied separately to landfill and resource recovery facilities with different thresholds","Multiple defined terms (11 in interpretation section plus additional local definitions in regulations 7, 10, 11, 16, 19)","Conditional logic for exemptions and alternative compliance methods (e.g., 'if not reasonably practicable' to use weighbridge)","Nested requirements: regulations prescribe requirements for the Act, which then imposes offences for breach","Temporal complexity with staged commencement, transitional exemptions (Regulation 26), and future levy rate increases (Regulation 8)","External document incorporation by reference (Weighbridge Operators Manual, Biosecurity Act definitions, Ministerial standards and guidelines not yet issued)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the detailed operational rules for Tasmania's waste levy system, which charges fees for waste disposed of in landfills. They work alongside the *Waste and Resource Recovery Act 2022* to create a comprehensive tracking and reporting system for waste movements.\n\n**Who it affects:**\n\n- **Landfill operators** – particularly larger facilities (Class A: 10,000+ tonnes/year; Class B: 100–10,000 tonnes/year)\n- **Resource recovery facilities** – facilities that recycle or process waste rather than burying it (Class A: 10,000+ tonnes/year; Class B: 1,000–10,000 tonnes/year)\n- **Small operators** – facilities under the thresholds are exempt from most requirements\n\n**Key requirements:**\n\n- **Waste levy payments** – Landfills must pay a levy of 24 fee units per tonne (rising to 36 fee units from July 2026)\n- **Weighbridge use** – Waste movements must be measured using certified weighbridges, unless it's not reasonably practicable\n- **Detailed record-keeping** – Operators must create \"movement records\" tracking every load of waste entering or leaving facilities, including source, quantity, and material type\n- **Compliance plans** – Landfill operators must submit approved plans showing facility boundaries, security measures, and procedures\n- **Regular reporting** – Monthly and annual returns to the Secretary, with specific forms and deadlines\n\n**Exemptions and exclusions:**\n\nCertain materials don't attract the levy, including:\n- Asbestos (if transported lawfully)\n- Biosecurity waste (disease/pest control materials)\n- Organic waste for soil improvement\n- Mining overburden and tailings\n- A 10% \"tolerance\" allowance for other materials\n\n**Why it matters:**\n\nThese regulations create the practical framework for Tasmania's \"polluter pays\" waste system. By tracking waste flows and charging for disposal, the scheme aims to reduce landfill use, encourage recycling, and fund environmental compliance activities. The detailed record-keeping ensures transparency and prevents levy evasion."}},"importantCases":[],"_links":{"self":"/api/acts/waste-and-resource-recovery-regulations-2022","history":"/api/acts/waste-and-resource-recovery-regulations-2022/history","analysis":"/api/acts/waste-and-resource-recovery-regulations-2022/analysis","conflicts":"/api/acts/waste-and-resource-recovery-regulations-2022/conflicts","importantCases":"/api/acts/waste-and-resource-recovery-regulations-2022/important-cases","documents":"/api/acts/waste-and-resource-recovery-regulations-2022/documents"}}