61Classifying industrial waste

61 Classifying industrial waste

(1) A person must classify industrial waste in accordance with this regulation to determine—

(a) the applicable waste code or codes for that waste; and

(b) whether the waste is also priority waste.

Act compliance—section 135(2) (see regulation 6).

(2) Subject to subregulation (6), if the industrial waste is of a type described in column 3 of the Table in Schedule 5, and that waste is identified as "Pre‑classified" in column 5 of that Table—

(a) the applicable waste code is the waste code for that waste specified in column 4 of that Table; and

(b) if the waste is identified as priority waste in column 6 of that Table, the waste is also priority waste; and

(c) if more than one description of waste in column 3 of that Table is applicable to the waste, the waste is also priority waste if that waste is identified as priority waste in column 6 of the Table for any applicable description of the waste.

(3) Subject to subregulations (5) and (6), if the waste is of a type described in column 3 of the Table in Schedule 5 and that waste is identified as a "Mirror code" in column 5 of that Table, the waste must be classified—

(a) in accordance with the classification criteria for that type of waste contained in the Waste Classification Assessment Protocol; or

(b) if there are no classification criteria for that type of waste, in accordance with the hazardous properties assessment criteria contained in the Waste Classification Assessment Protocol.

(4) Subject to subregulations (5) and (6), if the waste is not of a type described in column 3 of the Table in Schedule 5, the waste must be classified in accordance with the hazardous properties assessment criteria contained in the Waste Classification Assessment Protocol.

(5) If the waste cannot be classified in accordance with the hazardous properties assessment criteria contained in the Waste Classification Assessment Protocol, the person who has the management or control of the waste must apply for a designation.

(6) A classification of industrial waste under this regulation must be consistent with any applicable designation issued by the Authority in relation to that type of industrial waste.