{"id":"waste-avoidance-and-resource-recovery-levy-regulations-2008","name":"Waste Avoidance and Resource Recovery Levy Regulations 2008","slug":"waste-avoidance-and-resource-recovery-levy-regulations-2008","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182429,"registerId":"wa-waste-avoidance-and-resource-recovery-levy-regulations-2008-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Waste Avoidance and Resource Recovery Levy Regulations 2008","content":"![Crest]()Western Australia\n\nWaste Avoidance and Resource Recovery Act 2007  \nWaste Avoidance and Resource Recovery Levy Act 2007\n\nWaste Avoidance and Resource Recovery Levy Regulations 2008\n\nWestern Australia\n\nWaste Avoidance and Resource Recovery Levy Regulations 2008\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used in these regulations 1\n\n4. Application 3\n\nPart 2 — Levy\n\n5. Exemptions 4\n\n6. Review 8\n\n7. Financial assurance — exempt waste 8\n\n8. Category 64 or 65 licensed landfill with weighbridge 9\n\n9. Other category 64 or 65 landfill premises 10\n\n10. Category 63 licensed landfills in metropolitan region 12\n\n11. CEO estimates for certain category 63 premises in metropolitan region 13\n\n12A. Category 63 licensed landfills outside metropolitan region 15\n\n12B. Category 63 unlicensed landfills outside metropolitan region 16\n\n12C. CEO’s costs recoverable 16\n\n12. Amount of levy 17\n\nPart 3 — Savings and transitional provisions\n\n13. Exemptions and related financial assurances 20\n\n14. Baseline reports, estimated bases and quarterly surveys 20\n\nNotes\n\nCompilation table 22\n\nOther notes 23\n\nDefined terms\n\n  \n\nWaste Avoidance and Resource Recovery Act 2007  \nWaste Avoidance and Resource Recovery Levy Act 2007\n\nWaste Avoidance and Resource Recovery Levy Regulations 2008\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\n\t\tThese regulations are the *Waste Avoidance and Resource Recovery Levy Regulations 2008*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows:\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on 1 July 2008.\n\n##### 3. Terms used in these regulations\n\n(1) In these regulations —\n\n  approved means approved by the CEO in writing;\n\n  landfill premises means —\n\n(a) a licensed landfill; or\n\n(b) premises that would, if the occupier of the premises held a licence in respect of the premises as required under the EP Act, be a licensed landfill;\n\n  liable person means a person who is —\n\n(a) a licensee; or\n\n(b) the occupier of premises that would, if the person held a licence in respect of the premises as required under the EP Act, be a licensed landfill;\n\n  licensed landfill means premises specified in category 63, 64 or 65 of the *Environmental Protection Regulations 1987* Schedule 1 in respect of which a licence is held;\n\n  licensee means the holder of a licence in respect of a licensed landfill;\n\nmetropolitan region has the meaning given in the *Planning and Development Act 2005* section 4(1);\n\n  return period means —\n\n(a) in the case of a person who on 1 July 2008 is a liable person, the following periods —\n\n(i) 1 July — 30 September;\n\n(ii) 1 October — 31 December;\n\n(iii) 1 January — 31 March;\n\n(iv) 1 April — 30 June;\n\nand\n\n(b) in the case of a person who after 1 July 2008 becomes a liable person, the following periods —\n\n(i) the period beginning on the date the person becomes a liable person and ending on the September 30, December 31, March 31 or June 30 immediately next following, whichever is the sooner;\n\n(ii) each 3 month period next following the period referred to in subparagraph (i).\n\n(2) A reference in these regulations to a category followed by a designation is a reference to the category so designated in the first column of the *Environmental Protection Regulations 1987* Schedule 1.\n\n[Regulation 3 amended: Gazette 17 Jun 2016 p. 2092.]\n\n##### 4. Application\n\n(1) Subject to any exemption granted on application under regulation 5, these regulations apply to —\n\n(a) all waste received at landfill premises in the metropolitan region on or after 1 July 2008; and\n\n(b) all waste collected within the metropolitan region, irrespective of when it is collected, and received at landfill premises outside the metropolitan region on or after 1 July 2008; and\n\n(c) return periods commencing on or after 1 July 2008.\n\n[(2) deleted]\n\n[Regulation 4 amended: Gazette 17 Jun 2016 p. 2092.]\n\n## Part 2 — Levy\n\n##### 5. Exemptions\n\n(1A) In this regulation —\n\nasbestos containing material means any manufactured material or thing that, as part of its design, contains asbestos;\n\nhazardous waste means waste that poses an immediate risk of harm to human health or the environment;\n\npublic authority has the meaning given in the *Waste Avoidance and Resource Recovery Act 2007* section 3;\n\nreasonably removed, in relation to waste, means removed in circumstances where alternative methods of dealing with the waste are impracticable.\n\n(1) A licensee may by application claim an exemption from these regulations for the following waste received at a licensed landfill in any return period —\n\n(a) waste that —\n\n(i) was accepted by the licensee at no charge; and\n\n(ii) is, or will be, used after the completion of landfill operations to cover waste disposed of at the licensed landfill in compliance with the conditions on the licence or any implementation conditions as defined in the *Environmental Protection Act 1986* section 3(1);\n\n(b) waste that is not disposed of to landfill but is collected and stored at a licensed landfill for reuse, reprocessing, recycling or use in energy recovery;\n\n(c) waste reasonably removed from an orphan site as defined in the *Contaminated Sites Act 2003* section 32 by a public authority to mitigate or prevent a risk of harm to human health or the environment;\n\n(d) hazardous waste reasonably removed by a public authority;\n\n(e) waste resulting from storm, fire, flood or other natural disaster that cannot reasonably be reused, reprocessed, recycled or used in energy recovery;\n\n(f) waste that —\n\n(i) is deposited on a shoreline by the action of water; and\n\n(ii) is reasonably removed from the shoreline by a public authority to mitigate or prevent a risk of harm to human health or the environment; and\n\n(iii) cannot reasonably be reused, reprocessed, recycled or used in energy recovery;\n\n(g) waste used for construction or maintenance work carried out on the licensed landfill if —\n\n(i) the amount of waste is specified in advance in a plan prepared by a registered builder or an engineer; and\n\n(ii) no charge is made by the licensee for accepting the waste;\n\n(h) waste used for cover on the licensed landfill if —\n\n(i) a closure notice has been given in respect of the licensed landfill under the *Environmental Protection Act 1986* section 68A(2); and\n\n(ii) the waste is used as required by the closure notice;\n\n(i) asbestos containing material if the material is —\n\n(i) taken to the licensed landfill otherwise than in contravention of the *Environmental Protection (Controlled Waste) Regulations 2004* regulation 44; and\n\n(ii) buried at the licensed landfill in compliance with the conditions on the licence.\n\n(2) A licensee may by application claim an exemption from the requirement under regulation 8 to weigh waste on a weighbridge.\n\n(3) A licensee of a category 63 licensed landfill in the metropolitan region may by application claim an exemption from the requirements of regulation 10(5) and (6) in respect of a return period if no waste has been disposed of to landfill on the licensed landfill.\n\n(3A) A licensee may by application claim an exemption from these regulations for uncontaminated soil or other clean fill received at a licensed landfill before the day on which the *Waste Avoidance and Resource Recovery Levy Amendment Regulations 2020* regulation 4 comes into operation if —\n\n(a) it was accepted by the licensee at no charge; and\n\n(b) it is, or will be, used after the completion of landfill operations to cover, to a depth of up to 500 mm, waste disposed of on the premises.\n\n(3B) An application under this regulation must —\n\n(a) be in the approved form; and\n\n(b) include or be accompanied by the information required by the CEO.\n\n(4) The CEO may, by written notice —\n\n(a) grant, or refuse to grant, an exemption; or\n\n(b) grant an exemption subject to conditions, or limited to circumstances, specified in the notice; or\n\n(c) revoke an exemption.\n\n(5A) Without limiting subregulation (4)(b), the conditions that may be specified in a notice granting an exemption applied for under subregulation (1) include the following —\n\n(a) that the licensee must remove, reuse or recycle the exempt waste within a period specified in the notice;\n\n(b) that the licensee must store or use the exempt waste in accordance with requirements specified in the notice;\n\n(c) that the licensee must measure the exempt waste in accordance with measurement criteria specified in the notice;\n\n(d) that the licensee must keep records specified in the notice as to the quantity, nature and location of exempt waste located or used on the licensed landfill and payments received in respect of that waste;\n\n(e) that the licensee must provide reports to the CEO as to the acceptance, storage, removal, reuse or recycling of the exempt waste as requested by the CEO;\n\n(f) that the quantity of waste that is exempt is not to exceed an amount specified in the notice.\n\n(5) In an exemption notice for waste referred to in subregulation (1) the CEO must specify the period for which the exemption applies.\n\n(6) If a condition subject to which an exemption is given is breached, the exemption ceases to have effect.\n\n(7) If waste referred to in subregulation (1)(b) for which an exemption is granted has not been recycled, or otherwise removed in an approved manner, from the licensed landfill within the exemption period, the licensee must pay the levy that would have been payable in respect of that waste if the exemption had not been granted not later than 2 weeks after the end of the exemption period.\n\n(8) If the CEO is satisfied that —\n\n(a) waste referred to in subregulation (1)(b) for which an exemption is granted has been recycled or otherwise removed in an approved manner from the licensed landfill within 12 months after the exemption period; and\n\n(b) the levy has been paid in respect of the waste,\n\nthe CEO may refund or rebate to the licensee an amount equal to the amount of levy paid in respect of the waste.\n\n[Regulation 5 amended: Gazette 1 Jul 2011 p. 2716‑18; 23 Sep 2014 p. 3475‑6; 17 Jun 2016 p. 2092; SL 2020/3 r. 4.]\n\n##### 6. Review\n\n(1) A person aggrieved by a reviewable decision may apply to the State Administrative Tribunal for a review of the decision.\n\n(2) In subregulation (1) —\n\n  reviewable decision means a decision —\n\n(a) to refuse to grant an exemption under regulation 5; or\n\n(b) to impose conditions or limitations upon the grant of an exemption under regulation 5.\n\n##### 7. Financial assurance — exempt waste\n\n(1) In this regulation —\n\n  licensee does not include a licensee that is a local government.\n\n(2) If a licensee is granted an exemption for waste referred to in regulation 5(1)(b), the CEO may, as a condition of the exemption, require the licensee to provide a financial assurance to the CEO of an amount specified by the CEO that does not exceed the amount of levy that would otherwise be payable in respect of the waste.\n\n(3) The licensee must provide the financial assurance —\n\n(a) not later than 2 weeks after the licensee is notified by the CEO that the financial assurance is required; and\n\n(b) in an approved form,\n\nand must maintain the financial assurance in accordance with any requirements of the CEO of which the licensee has been given written notice.\n\n(4) If a financial assurance is not given and maintained in accordance with subregulation (3) —\n\n(a) the exemption ceases to have effect; and\n\n(b) the amount of levy that would have been payable in respect of the waste if the exemption had not been granted becomes due and payable.\n\n(5) The CEO may call on or use the financial assurance and pay the moneys into the WARR Account if —\n\n(a) the waste in respect of which the financial assurance is paid has not been recycled, or otherwise removed from the licensed landfill in an approved manner, within the exemption period; and\n\n(b) the levy in respect of the waste is not paid as required under regulation 5(7).\n\n(6) If —\n\n(a) waste referred to in regulation 5(1)(b) for which an exemption is granted is recycled or otherwise removed from the licensed landfill within the exemption period; or\n\n(b) the levy is paid in respect of the waste,\n\nthe financial assurance in respect of the waste may be terminated by the licensee.\n\n##### 8. Category 64 or 65 licensed landfill with weighbridge\n\n(1) The application of this regulation to a licensee is subject to any exemption granted on application under regulation 5(2) from the requirement under this regulation to weigh waste on a weighbridge.\n\n(2) Waste that is received at a category 64 or 65 licensed landfill with a weighbridge, for disposal to landfill, is to be weighed on the weighbridge at the time of delivery.\n\n(3) The weight of the waste as shown at the weighbridge, less the weight of any portion of that waste for which an exemption granted on application under regulation 5(1) or (3A) is in effect, is to be the weight used for the purpose of determining the amount of the levy under regulation 12(2).\n\n(4) If waste that is received at a category 64 or 65 licensed landfill with a weighbridge, for disposal to landfill, is not weighed on the weighbridge at the time of delivery, the CEO may estimate the weight of that waste and the estimated weight is to be the weight used for the purpose of determining the amount of the levy under regulation 12(2).\n\n(5) The CEO must give written notice to the licensee of any estimation made under subregulation (4).\n\n[Regulation 8 inserted: Gazette 17 Jun 2016 p. 2092; amended: SL 2020/3 r. 5.]\n\n##### 9. Other category 64 or 65 landfill premises\n\n(1) If —\n\n(a) the licensee of a category 64 or 65 licensed landfill has been granted an exemption from the requirement to weigh waste received at the licensed landfill; or\n\n(b) a category 64 or 65 licensed landfill does not have a weighbridge,\n\nand waste is received at the licensed landfill, the licensee is to estimate, in the approved manner, the weight of that waste disposed of to landfill during any return period.\n\n(2A) If waste is received at a licensed landfill referred to in subregulation (1)(a) or (b) and disposed of to landfill during a return period, the licensee of the landfill is to estimate, in the approved manner, the weight of any portion of that waste for which an exemption granted on application under regulation 5(1) or (3A) is in effect.\n\n(2B) The weight of waste estimated under subregulation (1), less the weight of exempt waste estimated under subregulation (2A), is to be the weight used for the purpose of determining the amount of the levy under regulation 12(2).\n\n(2C) If a licensee does not estimate the weight of waste in accordance with subregulation (1) for a return period, the CEO may estimate the weight of that waste and the estimated weight is to be the weight used for the purpose of determining the amount of the levy under regulation 12(2).\n\n(2) If waste is received at premises —\n\n(a) in respect of which the occupier does not hold a licence as required under the EP Act; and\n\n(b) that would, if the occupier of the premises held a licence as required under the EP Act, be a category 64 or 65 licensed landfill,\n\nthe CEO may estimate —\n\n(c) the number of cubic metres of waste disposed of to landfill on the premises during any return period; and\n\n(d) the weight of that waste,\n\nand the estimated weight is to be the weight that is used for the purpose of determining the amount of the levy under regulation 12(2).\n\n(3) For the purposes of subregulation (2) the CEO may cause a survey of the kind referred to in regulation 10(2)(a) or (5) to be conducted in respect of the premises.\n\n(4) The CEO must give written notice to the licensee of any estimation made under subregulation (2C).\n\n(5) The CEO must give written notice to the occupier of the premises of any estimation made under subregulation (2).\n\n[Regulation 9 amended: Gazette 17 Jun 2016 p. 2093‑4; SL 2020/3 r. 6.]\n\n##### 10. Category 63 licensed landfills in metropolitan region\n\n(1) In this regulation —\n\n  surveyor means —\n\n(a) a licensed surveyor as defined in the *Licensed Surveyors Act 1909* section 3(1); or\n\n(b) a person who is, or is eligible to be, a member of —\n\n(i) the Institution of Surveyors, Australia; or\n\n(ii) the Spatial Sciences Institute.\n\n(2) The licensee of a category 63 licensed landfill in the metropolitan region must, in accordance with subregulations (3) and (4) —\n\n(a) cause a survey of the premises to be conducted by a surveyor for the purpose of establishing a base from which the volume of waste subsequently disposed of to landfill on the premises can be measured (the baseline survey); and\n\n(b) lodge with the CEO a report of that survey prepared by the surveyor (the baseline report).\n\nPenalty for this subregulation: a fine of $10 000.\n\n(3) The baseline survey must be conducted —\n\n(a) after the licence is issued; and\n\n(b) not more than 14 days before the licensee commences accepting waste for disposal to landfill on the premises.\n\n(4) The baseline report must be lodged within 14 days after the licensee commences accepting waste for disposal to landfill on the premises.\n\n(5) Subject to any exemption granted on application under regulation 5(3), after the end of a return period the licensee of a category 63 licensed landfill in the metropolitan region must cause a survey of the premises to be conducted by a surveyor for the purpose of calculating the volume of waste disposed of to landfill during that return period (a quarterly survey).\n\n(6) The licensee must lodge a report on a quarterly survey, prepared by the surveyor, with the return lodged under the *Waste Avoidance and Resource Recovery Regulations 2008* regulation 18 for that return period.\n\nPenalty for this subregulation: a fine of $10 000.\n\n(7) The report referred to in subregulation (6) must include the surveyor’s calculation of the number of cubic metres of waste disposed of to landfill on the premises during the return period based on a comparison of the quarterly survey for that return period and the previous quarterly survey or, if there is no previous quarterly survey, the baseline survey for the premises or the estimated base established under regulation 11(1).\n\n(8) If waste is received at a category 63 licensed landfill in the metropolitan region and disposed of to landfill during a return period, the licensee of the landfill is to estimate, in the approved manner, the number of cubic metres of any portion of that waste for which an exemption granted on application under regulation 5(1) or (3A) is in effect.\n\n(9) The volume of waste calculated by the surveyor under subregulation (7), less the volume of exempt waste estimated under subregulation (8), is to be the volume used for the purpose of determining the amount of the levy under regulation 12(1).\n\n[Regulation 10 amended: Gazette 17 Jun 2016 p. 2094; SL 2020/3 r. 7.]\n\n##### 11. CEO estimates for certain category 63 premises in metropolitan region\n\n(1) If the licensee of a category 63 licensed landfill in the metropolitan region fails to comply with regulation 10(2) the CEO may establish an estimated base from which the volume of waste subsequently disposed of to landfill on the premises can be measured.\n\n(2) If the licensee of a category 63 licensed landfill in the metropolitan region fails to comply with regulation 10(6) in respect of a return period the CEO may estimate the number of cubic metres of waste disposed of to landfill on the premises during the return period.\n\n(3A) The volume of waste estimated under subregulation (2) is to be the volume used for the purpose of determining the amount of the levy under regulation 12(1).\n\n(3) The CEO must give written notice to the licensee of any estimated base established under subregulation (1) or any estimation made under subregulation (2).\n\n(4) If waste is received at premises in the metropolitan region —\n\n(a) in respect of which the occupier does not hold a licence as required under the EP Act; and\n\n(b) that would, if the occupier of the premises held a licence as required under the EP Act, be a category 63 licensed landfill,\n\nthe CEO may estimate the number of cubic metres of waste disposed of to landfill on the premises during any return period, and the estimate is to be the number that is used for the purpose of determining the amount of the levy under regulation 12(1).\n\n(5) For the purposes of this regulation the CEO may cause a survey of the kind referred to in regulation 10(2)(a) or (5) to be conducted in respect of the landfill premises.\n\n[(6), (7) deleted]\n\n[Regulation 11 amended: Gazette 17 Jun 2016 p. 2095.]\n\n##### 12A. Category 63 licensed landfills outside metropolitan region\n\n(1) In this regulation —\n\nwaste means waste collected within the metropolitan region irrespective of when it is collected.\n\n(2) If waste is received at a category 63 licensed landfill outside the metropolitan region and disposed of to landfill during a return period, the licensee of the landfill —\n\n(a) is to estimate, in the approved manner, the number of cubic metres of that waste; and\n\n(b) is to estimate, in the approved manner, the number of cubic metres of any portion of that waste for which an exemption granted on application under regulation 5(1) or (3A) is in effect.\n\n(3) The volume of waste estimated under subregulation (2)(a), less the volume of exempt waste estimated under subregulation (2)(b), is to be the volume used for the purpose of determining the amount of the levy under regulation 12(1).\n\n(4) If a licensee does not estimate the number of cubic metres of waste in accordance with subregulation (2)(a) for a return period, the CEO may estimate the number of cubic metres of that waste for the return period and the estimated volume is to be the volume used for the purpose of determining the amount of the levy under regulation 12(1).\n\n(5) For the purposes of subregulation (4) the CEO may cause a survey of the kind referred to in regulation 10(2)(a) or (5) to be conducted in respect of the landfill premises.\n\n(6) The CEO must give written notice to the licensee of any estimation made under subregulation (4).\n\n[Regulation 12A inserted: Gazette 17 Jun 2016 p. 2095‑6; amended: SL 2020/3 r. 8.]\n\n##### 12B. Category 63 unlicensed landfills outside metropolitan region\n\n(1) In this regulation —\n\nunlicensed premises means premises —\n\n(a) in respect of which the occupier does not hold a licence as required under the EP Act; and\n\n(b) that would, if the occupier of the premises held a licence as required under the EP Act, be a category 63 licensed landfill;\n\nwaste means waste collected within the metropolitan region irrespective of when it is collected.\n\n(2) If waste is received at unlicensed premises outside the metropolitan region and disposed of to landfill during a return period, the CEO may estimate the number of cubic metres of that waste and that number is to be used for the purpose of determining the amount of the levy under regulation 12(1).\n\n(3) For the purposes of subregulation (2) the CEO may cause a survey of the kind referred to in regulation 10(2)(a) or (5) to be conducted in respect of the landfill premises.\n\n(4) The CEO must give written notice to the occupier of the premises of any estimation made under subregulation (2).\n\n[Regulation 12B inserted: Gazette 17 Jun 2016 p. 2096‑7.]\n\n##### 12C. CEO’s costs recoverable\n\n(1) The costs incurred by the CEO under regulation 8(4), 9(2C) or (2), 11(1), (2) or (4), 12A(4) or 12B(2) for the purpose of determining the amount of levy payable by a person under regulation 12(1) or (2) may be included in the amount of levy payable by that person and, if so included, are recoverable accordingly.\n\n(2) The CEO may call on or use the financial assurance provided by the licensee under the *Waste Avoidance and Resource Recovery Regulations 2008* regulation 15 to cover any costs incurred under regulation 8(4), 9(2C), 11(1) or (2) or 12A(4) that are included in the amount of levy payable by a person.\n\n[Regulation 12C inserted: Gazette 17 Jun 2016 p. 2097.]\n\n##### 12. Amount of levy\n\n(1) The amount by way of levy that is payable in respect of waste to which these regulations apply that is received at a category 63 landfill premises during a return period is the amount (in dollars) equal to L in the formula —\n\n\t![]()\n\nwhere —\n\nV is the number of cubic metres of waste to which these regulations apply received at the landfill premises during the return period determined or estimated in accordance with regulation 10, 11, 12A or 12B; and\n\nR is, if the first day of the return period is —\n\n(a) before 1 January 2010 — $3;\n\n(b) on or after 1 January 2010 and before 1 January 2015 — $12;\n\n(c) on or after 1 January 2015 and before 30 June 2016 — $60;\n\n(d) on or after 1 July 2016 and before 30 June 2017 — $75;\n\n(e) on or after 1 July 2017 and before 30 June 2018 — $90;\n\n(f) on or after 1 July 2018 and before 30 June 2019 — $105;\n\n(g) on or after 1 July 2019 and before 1 July 2024 — $105;\n\n(h) on or after 1 July 2024 and before 1 July 2025 — $129;\n\n(i) on or after 1 July 2025 — $133;\n\nand\n\nS is —\n\n(a) in the case of licensed landfill premises, the lesser of —\n\n(i) the cost incurred by the licensee in complying with regulation 10(5) and (6) in respect of the return period; and\n\n(ii) $2 000;\n\nand\n\n(b) in any other case — nil.\n\n(2) The amount by way of levy that is payable in respect of waste to which these regulations apply that is received at a category 64 or 65 landfill premises during a return period is the amount (in dollars) equal to L in the formula —\n\n\t![]()\n\nwhere —\n\nW is the number of tonnes of waste to which these regulations apply received at the landfill premises during the return period determined or estimated in accordance with regulation 8 or 9; and\n\nR is, if the first day of the return period is —\n\n(a) before 1 July 2009 — $7;\n\n(b) on or after 1 July 2009 and before 1 January 2010 — $8;\n\n(c) on or after 1 January 2010 and before 1 January 2015 — $28;\n\n(d) on or after 1 January 2015 and before 30 June 2016 — $55;\n\n(e) on or after 1 July 2016 and before 30 June 2017 — $60;\n\n(f) on or after 1 July 2017 and before 30 June 2018 — $65;\n\n(g) on or after 1 July 2018 and before 30 June 2019 — $70;\n\n(h) on or after 1 July 2019 and before 1 July 2024 — $70;\n\n(i) on or after 1 July 2024 and before 1 July 2025 — $85;\n\n(j) on or after 1 July 2025 — $88.\n\n[Regulation 12 amended: Gazette 22 Dec 2009 p. 5256; 12 Sep 2014 p. 3280‑1; 17 Jun 2016 p. 2097; SL 2024/84 r. 4; SL 2025/83 r. 4.]\n\n## Part 3 — Savings and transitional provisions\n\n##### 13. Exemptions and related financial assurances\n\n(1) A licensee that is the holder of an exemption granted under the *Environmental Protection Regulations 1987* regulation 23 is taken to have been granted an exemption under regulation 5 on the same terms and conditions.\n\n(2) Any financial assurance provided under the *Environmental Protection Regulations 1987* regulation 24 in relation to the exemption granted under the *Environmental Protection Regulations 1987* regulation 23 that is current on the day this regulation comes into operation is taken to have been provided under regulation 7 on the same terms and conditions.\n\n##### 14. Baseline reports, estimated bases and quarterly surveys\n\n(1) A licensee of a category 63 licensed landfill who has lodged a baseline report in respect of those premises with the CEO under the *Environmental Protection Regulations 1987* regulation 26(1) is not required to comply with regulation 10(2).\n\n(2) The volume of waste disposed of to landfill on licensed premises that is calculated in the quarterly survey carried out under the *Environmental Protection Regulations 1987* regulation 26 for the return period ending 30 June 2008 is to be used as the basis for comparison in the first quarterly survey in respect of those premises carried out under regulation 10(5).\n\n(3) If, in respect of licensed premises, there is no quarterly survey carried out under the *Environmental Protection Regulations 1987* regulation 26 for the return period ending 30 June 2008, but there is a baseline report as referred to in subregulation (1) or an estimated base established under the *Environmental Protection Regulations 1987* regulation 26A(1) in respect of those premises, that baseline report or estimated base may be used as the basis for comparison in the first quarterly survey in respect of those premises carried out under regulation 10(5) and for the purposes of the *Waste Avoidance and Resource Recovery Regulations 2008* regulation 18.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Waste Avoidance and Resource Recovery Levy Regulations 2008* and includes amendments made by other written laws 1. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Waste Avoidance and Resource Recovery Levy Regulations 2008* | 20 Jun 2008 p. 2685‑702 | r. 1 and 2: 20 Jun 2008 (see r. 2(a))   Regulations other than r. 1 and 2: 1 Jul 2008 (see r. 2(b)) |\n| *Waste Avoidance and Resource Recovery Levy Amendment Regulations 2009* | 22 Dec 2009 p. 5255-6 | r. 1 and 2: 22 Dec 2009 (see r. 2(a))   Regulations other than r. 1 and 2: 1 Jan 2010 (see r. 2(b)) |\n| *Waste Avoidance and Resource Recovery Levy Amendment Regulations 2011* | 1 Jul 2011 p. 2715‑18 | r. 1 and 2: 1 Jul 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 2 Jul 2011 (see r. 2(b)) |\n| *Waste Avoidance and Resource Recovery Levy Amendment Regulations (No. 2) 2014* | 12 Sep 2014 p. 3280‑1 | r. 1 and 2: 12 Sep 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 13 Sep 2014 (see r. 2(b)) |\n| *Waste Avoidance and Resource Recovery Levy Amendment Regulations 2014* | 23 Sep 2014 p. 3475‑6 | r. 1 and 2: 23 Sep 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 24 Sep 2014 (see r. 2(b)) |\n| *Waste Avoidance and Resource Recovery Levy Amendment Regulations 2016* | 17 Jun 2016 p. 2091‑7 | r. 1 and 2: 17 Jun 2016 (see r. 2(a));   Regulations other than r. 1 and 2: 18 Jun 2016 (see r. 2(b)) |\n| *Waste Avoidance and Resource Recovery Levy Amendment Regulations 2020* | SL 2020/3   4 Feb 2020 | r. 1 and 2: 4 Feb 2020 (see r. 2(a));   Regulations other than r. 1 and 2: 5 Feb 2020 (see r. 2(b)) |\n| *Waste Avoidance and Resource Recovery Levy Amendment Regulations (No. 2) 2024* 1 | SL 2024/84 29 May 2024 | r. 1 and 2: 29 May 2024 (see r. 2(a));   r. 5: 30 May 2024 (see r. 2(b));   Regulations other than r. 1, 2 and 5: 1 Jul 2024 (see r. 2(c)) |\n| *Waste Avoidance and Resource Recovery Levy Amendment Regulations 2025* | SL 2025/83 28 May 2025 | r. 1 and 2: 28 May 2025 (see r. 2(a));   Regulations other than r. 1 and 2: 29 May 2025 (see r. 2(b)) |\n\n\nOther notes\n\n1 The *Waste Avoidance and Resource Recovery Levy Amendment Regulations 2023* r. 3 and 4 (SL 2023/193) did not come into operation and were repealed by the *Waste Avoidance and Resource Recovery Levy Amendment Regulations (No. 2) 2024* on 30 May 2024 (see SL 2024/84 r. 5).\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(1)\n\nasbestos containing material 5(1A)\n\nbaseline report 10(2)\n\nbaseline survey 10(2)\n\nhazardous waste 5(1A)\n\nlandfill premises 3(1)\n\nliable person 3(1)\n\nlicensed landfill 3(1)\n\nlicensee 3(1), 7(1)\n\nmetropolitan region 3(1)\n\npublic authority 5(1A)\n\nquarterly survey 10(5)\n\nreasonably removed, 5(1A)\n\nreturn period 3(1)\n\nreviewable decision 6(2)\n\nsurveyor 10(1)\n\nunlicensed premises 12B(1)\n\nwaste 12A(1), 12B(1)\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was available for analysis. The page returned only a website error/redirect notice."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 'page not found' error message rather than any legal text","Cannot assess complexity of the underlying regulations without access to the actual document"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe page that was supposed to contain the *Waste Avoidance and Resource Recovery Levy Regulations 2008* (Western Australian subordinate legislation dealing with a levy on waste disposal) is no longer available on the Western Australian legislation website. The content has likely moved due to a website upgrade.\n\n**What this means for you:** No analysis of the actual law can be provided from this source. To find the current version of these regulations, try:\n- Visiting the [Western Australian Legislation website](https://www.legislation.wa.gov.au) and searching directly\n- Contacting the Parliamentary Counsel's Office Helpdesk as suggested on the page"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulations have grown significantly beyond their original 2008 scope. Originally focused on metropolitan landfills with basic weighing/surveying requirements, the 2016 amendments introduced a complex dual-zone system (metropolitan vs non-metropolitan) and expanded coverage to unlicensed premises. The 2020 amendments added specific transitional exemptions for clean fill. The rate structure has evolved from simple fixed rates to an elaborate escalating schedule with 9-10 distinct time periods. Additionally, the regulations now incorporate sophisticated financial assurance mechanisms and CEO estimation powers that were not present in the original framework, effectively creating a much more comprehensive enforcement and compliance regime than initially envisaged."},"complexity_factors":["Multiple landfill categories (63, 64, 65) with different measurement methods (weight vs volume) and different levy rates","Complex temporal rate structure with 9 different rate periods for Category 63 and 10 different rate periods for Category 64/65, spanning 2008-2025+","Nested exemption framework with 9 specific exemption categories in regulation 5, plus sub-conditions and time limits","Cross-references to at least 6 other pieces of legislation (EP Act, EP Regulations, WARR Act, Contaminated Sites Act, Planning and Development Act, Licensed Surveyors Act)","Geographic differentiation between metropolitan and non-metropolitan regions with different rules for licensed vs unlicensed premises","Mathematical formulas for levy calculation with multiple variables (V, W, R, S) and conditional logic based on dates","Financial assurance mechanisms with triggers for calling on bonds and conditions for release","CEO estimation powers across 6 different regulations (8, 9, 11, 12A, 12B) with cost recovery provisions","Transitional provisions preserving pre-existing exemptions and baseline reports from repealed regulations","17 defined terms in the interpretation section, some incorporating definitions from other statutes by reference"],"plain_english_summary":"These regulations set out how the waste levy (a tax on rubbish dumped in landfills) is calculated and collected in Western Australia. They apply to licensed landfill operators and certain unlicensed premises in the Perth metropolitan area and beyond.\n\n**Key things the regulations do:**\n\n*   **Charge a levy on waste:** Landfill operators must pay a fee based on the amount of waste they receive. The rate depends on the type of landfill (Category 63, 64, or 65) and when the waste was received, with rates increasing over time (from $3 per cubic metre in 2008 to $133 by 2025 for Category 63 landfills).\n*   **Different calculation methods:**\n    *   **Category 64/65 landfills** (typically larger, commercial operations): Waste is weighed on a weighbridge (a large scale for trucks).\n    *   **Category 63 landfills** (typically smaller, local council tips): Waste is measured by volume using professional surveys conducted each quarter.\n*   **Exemptions:** Landfill operators can apply to be exempt from paying the levy for specific types of waste, such as:\n    *   Waste used for covering rubbish (daily cover)\n    *   Material collected for recycling or reuse\n    *   Waste from natural disasters or contaminated sites cleaned up by government agencies\n    *   Asbestos (under strict conditions)\n    *   Clean fill/soil (if accepted before 2020)\n*   **Financial assurances:** If a landfill gets an exemption for recyclable waste, they may need to provide a bond (financial assurance) to ensure they actually recycle it or pay the levy later.\n*   **CEO powers:** The Chief Executive Officer of the Department of Environment can estimate waste volumes if operators fail to report or measure correctly, and can recover the costs of these estimates.\n*   **Review rights:** People can appeal decisions about exemptions to the State Administrative Tribunal (a court-like body that reviews government decisions).\n\n**Who it affects:**\n*   Landfill operators (licensees) in Western Australia\n*   Local councils running tips\n*   Waste management companies\n*   The WA Government (which collects the levy to fund waste reduction programs)\n\n**Why it matters:**\nThe regulations create a financial incentive to reduce waste going to landfill and increase recycling. By charging more to dump rubbish, the government encourages businesses and households to find better ways to deal with waste. The money raised funds waste avoidance and resource recovery programs across the state."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The instrument’s scope has expanded since its original 2008 form. Amendments over time have: (a) increased levy rates and added future rate bands (regulation 12); (b) broadened administrative powers for the CEO to estimate quantities and to recover costs from liable persons (regulations 8, 9, 11, 12A, 12B, 12C); (c) introduced targeted exemptions and a financial assurance mechanism for exempted on‑site reuse/recycling (regulations 5 and 7, including a 2020 amendment covering certain clean fill); and (d) extended the charging reach to waste collected in the metropolitan region even if landfilled outside it (regulation 4(b)).  These changes cumulatively shift the instrument from a relatively simple landfill charging scheme to a more elaborate regulatory and cost‑recovery framework with wider measurement, compliance and enforcement architecture."},"complexity_factors":["18 defined terms in the interpretation/defined terms list (regulation 3 and Defined terms)","Multiple landfill categories with different measurement units and rules (category 63 by cubic metres; categories 64/65 by tonnes) (regulations 3, 12)","Piecewise, time-dependent levy rates (R) with multiple historical and future date bands (regulation 12(1) and 12(2))","Numerous cross-references to other statutes/regulations (Environmental Protection Act 1986, Environmental Protection Regulations 1987, Waste Avoidance and Resource Recovery Act 2007, Planning and Development Act 2005, Contaminated Sites Act 2003)","Extensive conditional logic and exceptions in the exemptions regime (multiple exemption categories, conditions, revocation, and post‑exemption obligations) (regulation 5)","Administrative discretions and recoverable-cost provisions allowing CEO estimations and cost recovery (regulations 8, 9, 11, 12C)","Measurement and reporting obligations involving external professionals (licensed surveyors) and statutory penalties for non‑compliance (regulation 10 with $10,000 fines)","Financial assurance regime with triggers, time limits and CEO call powers (regulation 7)","Transitional and savings provisions linking prior regulatory regimes into current obligations (Part 3)"],"plain_english_summary":"**What this instrument does (mechanics)**\n\n- Sets a levy (a fee) charged on waste received at landfills in Western Australia and prescribes how that levy is calculated, when it is payable, and who is liable (regulations 3 and 12).  The levy is calculated differently for three landfill categories (category 63 measured by volume; categories 64 and 65 measured by weight) and the regulations set the rate (R) that applies for different date ranges (regulation 12(1) and 12(2)).\n\n- Identifies who is a “liable person”: generally the licence holder (licensee) or the occupier of premises that would be a licensed landfill (regulation 3(1)).  Liable persons must report and pay the levy for each quarterly return period (regulation 3(1), return period definition).\n\n- Prescribes measurement and reporting rules: for category 63 sites (usually smaller or rural) the volume of waste is measured by periodic surveys by a qualified surveyor (baseline and quarterly surveys) and survey reports must be lodged with the CEO (regulation 10).  For category 64/65 sites (larger facilities) the preferred method is weighbridge records; where no weighbridge exists, licensees or the CEO may estimate weights (regulations 8–9).\n\n- Gives the Chief Executive Officer (CEO) administrative powers to estimate quantities where required records or surveys are not provided, to require baseline reports or quarterly surveys, and to recover the cost of those activities from the liable person (regulations 8(4), 9(2C), 11, 12A, 12B and 12C).\n\n- Provides for a range of targeted exemptions from the levy that licensees may apply for (for example: certain cover material used on the site, waste accepted at no charge for reuse or recycling on-site, asbestos properly managed, emergency‑generated wastes, certain public‑authority removals).  Exemptions can be granted, refused, limited, conditioned or revoked by the CEO.  Exemptions can require financial assurance and can lapse if conditions are breached (regulation 5 and regulation 7).\n\n- Allows review by the State Administrative Tribunal of certain CEO decisions about exemptions (regulation 6).\n\n- Provides transitional savings for earlier exemptions and surveys under the Environmental Protection Regulations that existed before these regulations (Part 3).\n\n**Who this affects**\n\n- Primary payers and reporters: landfill licensees (holders of licences for category 63, 64 or 65) and occupiers of premises that would require a licence (regulation 3).  Local governments are treated differently in the financial assurance provision (regulation 7(1)).\n\n- The CEO (Department) — makes exemption decisions, sets conditions, may estimate quantities, can require surveys and can recover costs (regulations 5, 8, 9, 11, 12C).\n\n- Surveyors and weighbridge operators — licensed/qualified surveyors must prepare baseline and quarterly surveys at category 63 sites (regulation 10).\n\n- Waste producers and collectors — the levy explicitly applies to waste received at landfill premises in the metropolitan region and to waste collected within the metropolitan region even if landfilled outside the metropolitan region (regulation 4).\n\n**Why it matters (policy purpose and operational effects)**\n\n- The instrument implements a charging mechanism intended (as described in the source material) to influence waste management behaviour by increasing the cost of landfill disposal and by financially supporting waste avoidance and resource recovery activities through the WARR Account.  That is a stated purpose in the enabling framework; mechanically, the regulations achieve that by placing a per‑cubic‑metre or per‑tonne charge on landfill disposal (regulation 12).\n\n- Costs and incentives: the levy raises the price of landfill disposal (direct cost to licensees/occupiers).  That creates an economic incentive to divert waste to reuse, recycling or other recovery options where those are available and cheaper than the levy.  At the same time the regulations create compliance costs for landfill operators — measurement (surveyor fees), weighbridge operation or approved estimation procedures, recordkeeping and reporting — and expose operators to penalties for non‑compliance (regulation 10 penalties).  The CEO may also require financial assurance for some exemptions, which ties up capital or triggers contractual arrangements (regulation 7).\n\n- Administrative discretion and contestability: the CEO holds significant administrative discretion — to grant/refuse or condition exemptions, to estimate quantities and to recover costs from liable persons (regulations 5, 8, 9, 11, 12C).  Affected persons can seek review of some decisions in the State Administrative Tribunal (regulation 6), which creates a legal pathway for disputes but also adds potential time and cost to contest decisions.\n\n- Behavioural and substitution risks: by increasing landfill costs the levy may shift waste flows (for example, more recycling, different sorting, or transport to other facilities).  Where measurement or enforcement is weak, there is a practical risk of waste being diverted to unlicensed or illegal disposal if that is less costly; the regulations provide for CEO estimation powers and penalties to limit that risk (regulations 9(2), 12B).\n\n- Concentrated vs diffuse effects: the levy’s cost falls directly on landfill operators and occupiers (concentrated), while the benefits intended (reduced landfill, increased recycling, revenue to fund recovery programs) are diffuse.  Exemptions and financial assurances create heterogeneous outcomes across licensees depending on circumstances and CEO discretion (regulation 5 and 7).\n\n**Key implementation points and compliance burdens**\n\n- Regular measurement and reporting obligations (baseline reports, quarterly surveys, weighbridge records, or approved estimations) are central to calculating the levy and create recurring compliance expenditures (regulation 10 and 8–9).\n\n- Exemptions require application in approved form with specified supporting information and can carry conditions including recordkeeping, time limits and financial assurance (regulation 5(3B), 5(5A), 7).\n\n- If licence holders fail to comply with measurement/reporting duties, the CEO can establish estimates and recover costs from the operator (regulations 11 and 12C).  Certain CEO decisions about exemptions can be reviewed by the State Administrative Tribunal (regulation 6).\n\n**Source-linked references (representative)**\n- Who is liable and definitions: regulation 3.  \n- Application and geographic reach: regulation 4.  \n- Exemptions and conditions: regulation 5; financial assurance: regulation 7.  \n- Measurement rules and surveyor obligations: regulation 10 (category 63) and regulations 8–9 (category 64/65).  \n- CEO estimation and recoverable costs: regulations 8(4), 9(2C), 11, 12A, 12B and 12C.  \n- Levy rates and formulas: regulation 12."}},"importantCases":[],"_links":{"self":"/api/acts/waste-avoidance-and-resource-recovery-levy-regulations-2008","history":"/api/acts/waste-avoidance-and-resource-recovery-levy-regulations-2008/history","analysis":"/api/acts/waste-avoidance-and-resource-recovery-levy-regulations-2008/analysis","conflicts":"/api/acts/waste-avoidance-and-resource-recovery-levy-regulations-2008/conflicts","importantCases":"/api/acts/waste-avoidance-and-resource-recovery-levy-regulations-2008/important-cases","documents":"/api/acts/waste-avoidance-and-resource-recovery-levy-regulations-2008/documents"}}