Part 6Waste depot levy, records, reports and measurement of waste etc

Part 6—Waste depot levy, records, reports and measurement of waste etc Division 1—Preliminary 67—Interpretation (1) In this Part— approved operational use—see regulation 70(1); approved operational use declaration—see regulation 70(2); Approved Operational Use Standard means the document of that name published by the Authority, as in force from time to time; licensee, in relation to a waste depot, means the holder of the licence to conduct the waste depot; mass balance report—see regulation 74(2); operational purpose, in relation to the use of waste or other matter at a waste depot, means the use of waste or other matter at the depot (whether on a temporary or permanent basis) for the purpose of— (a) aesthetic or amenity value; or (b) environmental management; or (c) vehicle access (including internal road construction and maintenance); or (d) interim cover of landfill where no additional waste or matter will be placed for at least 30 days; or (e) final capping of landfill cells; or (f) other operational needs, but does not include the stockpiling or disposal of waste or other matter, or the use of waste or other matter as cover of landfill at the depot on a daily or more frequent basis; operational use, in relation to waste or other matter, means the use of that waste or other matter for an operational purpose; Waste Reporting, Record Keeping and Measurement Standard means the document of that name published by the Authority, as in force from time to time. (2) For the purposes of this Part, the waste and matter type of waste and matter is to be determined in accordance with the Waste Reporting, Record Keeping and Measurement Standard. (3) For the purposes of this Part, the waste and matter stream of waste and matter is a reference to the waste and matter stream and waste and matter sub-stream (if applicable) that best describes the source of the waste and matter and is to be determined in accordance with theWaste Reporting, Record Keeping and Measurement Standard. 68—Sharing of information with other persons or bodies (1) The Authority may disclose information collected by, or provided to, the Authority under this Part to— (a) Green Industries SA for the purposes of assisting or supporting the proper performance of its functions under the Green Industries SA Act 2004; and (b) an agency or instrumentality of this State for the purposes of supporting and facilitating market development for waste management and resource recovery; and (c) an agency or instrumentality of the Commonwealth or another State or Territory of the Commonwealth for the purposes of— (i) national waste reporting; or (ii) supporting and facilitating market development for waste management and resource recovery. (2) For the avoidance of doubt, and without limiting the circumstances in which information received directly or indirectly pursuant to subregulation (1) may be disclosed to another person or body, a person or body who receives such information (the recipient) may disclose the information to another person or body if the disclosure is made for a purpose for which the information was received by the recipient and is required to assist the recipient in the proper performance of official functions or duties. (3) This regulation does not limit disclosure of statistical or other data that is not of a commercially sensitive nature or that could not reasonably be expected to lead to the identification of any person to whom it relates. (4) Nothing in this regulation affects the operation of the Public Sector (Data Sharing) Act 2016. 69—Approval of weighbridges (1) The Authority may, on application, or on its own initiative, approve a weighbridge by notice in writing subject to such conditions as it thinks fit. (2) The Authority may, on its own initiative at any time, or on application by the holder of the approval, vary or revoke an approval by further notice in writing (including by varying or revoking any conditions of the approval, or by imposing new conditions). (3) Without limiting the generality of subregulation (1), the conditions may specify requirements as to— (a) maintenance of the weighbridge; and (b) certification of the accuracy of the weighbridge. (4) The holder of an approval of a weighbridge must not contravene a condition of the approval. 70—Approved operational use (1) For the purposes of this Part, an approved operational use, in relation to the use of waste or other matter at a waste depot, means— (a) an operational use of a kind approved in relation to specified waste or matter under the Approved Operational Use Standard, and that is carried out in accordance with the requirements specified in that Standard; or (b) an operational use that is approved by a declaration made under subregulation (2) (as in force in respect of the depot), and that is carried out in accordance with the conditions or requirements specified in the declaration, but does not include the use of waste or other matter as cover of landfill at the depot on a daily or more frequent basis. (2) The Authority may, on application by the holder of a licence to conduct a waste depot or on its own initiative, make a declaration (an approved operational use declaration) that a use of waste or other matter at the depot is an approved operational use only if satisfied that— (a) the use of waste or other matter at the depot in the manner proposed is necessary for an operational or environmental management purpose (or purposes); and (b) the type of waste or other matter proposed to be used for the operational use is suitable for that purpose (or those purposes). (3) In determining whether to make an approved operational use declaration under this regulation, the Authority must also— (a) have regard to, and seek to further, the objects of the Act; and (b) have regard to— (i) the general environmental duty; and (ii) any relevant environment protection policy; and (iii) the waste strategy for the State adopted under the Green Industries SA Act 2004 (if relevant); and (iv) any relevant reports, assessments, environmental impact statement, public environmental report, Assessment Report, development authorisation or other document or requirement under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016; and (v) any relevant environment improvement programme or agreement. (4) A declaration under this regulation— (b) must specify— (i) the type and amount of the waste or other matter to which the declaration applies; and (ii) the purpose and location of the operational use; and (c) may be subject to the following conditions, as specified in the declaration: (i) a condition requiring the operational use to occur in a specified manner or within a specified time frame; (ii) a condition requiring that the waste or other matter to which the declaration applies meets specified chemical or physical properties or complies with specified standards or specifications; (iii) a condition requiring plans, specifications or reports in connection with the operational use to be prepared by a person with specified qualifications; (iv) a condition requiring works in connection with the operational use to be carried out by a person with specified qualifications; (v) a condition requiring records relating to the operational use to be kept in a specified manner or form or for a specified period; (vi) a condition requiring such records to be available for inspection by an authorised officer; (vii) such other conditions as the Authority thinks fit; and (d) may be varied or revoked by the Authority at any time, by notice in writing to the licence holder, if the Authority is satisfied— (i) that a condition of the declaration has been contravened; or (ii) there is potential for environmental harm (or further environmental harm) to occur if an operational use to which the declaration relates were to continue; or (iii) that the declaration was improperly obtained; or (iv) that other circumstances exist, which in the opinion of the Authority, make it necessary or appropriate to do so. 71—Authority may require further information A person who makes an application under this Division must provide the Authority with any information required by the Authority in connection with the determination of the application, verified, if the Authority so requires, by statutory declaration. Division 2—Waste depot levy 72—Waste depot levy (section 113) (1) The amount of the waste depot levy is set out in Schedule 4 Part 2. (2) Pursuant to section 113(4) of the Act, the penalty for a failure to pay the levy as required under that section is— (a) in a case where the licensee satisfies the Authority that all reasonable and practicable measures were taken to prevent the default from occurring—the higher of $200 or 2% of the amount due for each month (or part of a month) for which the default continues; or (b) in a case where the default is identified and voluntarily reported to the Authority by the licensee before the Authority has notified the licensee of the default—the higher of $200 or 2% of the amount due for each month (or part of a month) for which the default continues; or (c) in a case where both paragraphs (a) and (b) apply—the higher of $150 or 1.5% of the amount due for each month (or part of a month) for which the default continues; or (d) in any other case—the higher of $350 or 3.5% of the amount due for each month (or part of a month) for which the default continues. Division 3—Reporting, measurement and verification of waste and other matter at waste depots 73—Interpretation In this Division— prescribed waste depot means— (a) a waste depot that has, in the preceding 12 month period, received 20 000 tonnes or more of solid waste and other matter; or (b) if the holder of a licence to conduct a waste depot conducts more than 1 waste depot at the same site and the total amount of solid waste and other matter received by all the waste depots at that site in the preceding 12 month period was 20 000 tonnes or more—each waste depot conducted at the site; or (c) if the holder of a licence to conduct a waste depot conducts 1 or more waste depots at adjacent sites and the total amount of solid waste and other matter received together at the sites of the waste depot or depots (as the case requires) in the preceding 12 month period was 20 000 tonnes or more—each such waste depot or depots; or (d) if more than 1 waste depot is conducted at the same site by different licence holders who are associates of each other and the total amount of solid waste and other matter received by those waste depots at that site in the preceding 12 month period was 20 000 tonnes or more—each of those waste depots conducted at the site; or (e) if waste depots are conducted at adjacent sites by different licence holders who are associates of each other and the total amount of solid waste and other matter received at the adjacent sites of the waste depots in the preceding 12 month period was 20 000 tonnes or more—each of those waste depots; waste depot means any depot, facility or works as described in Schedule 1 Part A clause 3 of the Act. 74—Provision of monthly returns by waste depots (1) Subject to regulation 82, a person licensed to conduct a waste depot must, no later than 28 days after the last day of each month, provide the Authority with a return (in the manner and form approved by the Authority) that contains the following information: (a) in respect of solid waste disposed of at the depot (including any waste used as cover for landfill)— (i) the total mass (in tonnes) of waste disposed of during each day of the month to which the return relates; and (ii) the total mass (in tonnes) of waste disposed of during the whole of the month to which the return relates; and (iii) if the depot is situated outside of metropolitan Adelaide—the total mass (in tonnes) of waste disposed of during the whole of the month to which the return relates brought to the depot by or on behalf of premises where the waste was generated situated outside of metropolitan Adelaide; and (iv) if the depot is situated within metropolitan Adelaide—the total mass (in tonnes) of waste disposed of during the whole of the month to which the return relates brought to the depot by or on behalf of a council the area of which lies wholly outside of metropolitan Adelaide; and (v) if the mass of the waste disposed of is determined in accordance with regulation 75(3)(b)(i)(B), details relating to the classes and numbers of vehicles on or in which waste was carried during each day of the month and during the whole of the month to which the return relates; (b) in respect of liquid waste—the total volume (in kilolitres) of waste disposed of at the depot— (i) during each day of the month to which the return relates; and (ii) during the whole of the month to which the return relates. (2) Subject to regulations 76 and 82, if a person is licensed to conduct a waste depot that is— (a) a prescribed waste depot; or (b) a waste depot that has, in the preceding 12 month period, received 5000 tonnes or more, but less than 20 000 tonnes, of solid waste and other matter, and the Authority has directed, by notice in writing to the licence holder, that the requirements of this subregulation are to apply to and in respect of that depot; or (c) any other waste depot that receives waste or other matter of a kind determined in accordance with the requirements specified in the Waste Reporting, Record Keeping and Measurement Standard, then the person must (in addition to information required to be provided under subregulation (1)) no later than 28 days after the last day of each month, provide the Authority with a return (a mass balance report), in the manner and form approved by the Authority, that contains the information referred to in subregulation (3). (3) A mass balance report must contain the following information: (a) the total mass (in tonnes) of waste and other matter received at the depot during the month to which the report relates in respect of— (b) if the depot is situated outside of metropolitan Adelaide—the total mass (in tonnes) of waste and other matter brought to the depot by or on behalf of premises where the waste was generated situated outside of metropolitan Adelaide during the month to which the report relates in respect of— (c) if the depot is situated within metropolitan Adelaide—the total mass (in tonnes) of waste and other matter brought to the depot by or on behalf of a council the area of which lies wholly outside of metropolitan Adelaide during the month to which the report relates in respect of— (d) the total mass (in tonnes) of waste and other matter, in respect of each waste and matter type, transported from the depot during the month to which the report relates, and in relation to that waste and other matter— (i) whether it is material recovered as a result of resource recovery processes or is being transported to another waste depot for further treatment; and (ii) whether it is to be transported to a place within the State, interstate or overseas; (e) the total mass (in tonnes) of waste and other matter, in respect of each waste and matter type, used at the depot for operational purposes during the month to which the report relates; (f) the total mass (in tonnes) of waste and other matter stockpiled at the depot on the final day of the month to which the report relates; (g) information relating to the method used to measure or calculate the amount of waste and other matter for the purposes of the report; (h) in accordance with the requirements specified in the Waste Reporting, Record Keeping and Measurement Standard—details of any change in the mass of waste and other matter at the depot that occurred during the month to which the report relates (including the reasons for the change and how the amount of change was determined). 75—Measurement of waste and other matter for purposes of monthly returns (1) Subject to regulation 82, for the purposes of a return under regulation 74(1) and (2), the mass or volume of waste and other matter— (a) received at a waste depot; or (b) used at a waste depot for operational purposes; or (c) disposed of at a waste depot (including waste used as cover for landfill); or (d) transported from a waste depot, must be determined in accordance with this regulation. (2) The mass or volume of waste and other matter received, used or disposed of at, or transported from, a waste depot (as the case requires), is to be calculated as the aggregate of the mass or volume of waste and other matter comprised of— (a) waste and other matter received at the waste depot; or (b) waste and other matter used for operational purposes at the depot; or (c) waste and other matter disposed of at the depot (including waste used as cover for landfill); or (d) waste and other matter transported from the waste depot. (3) The mass of solid waste and other matter must be determined as follows: (a) in the case of a landfill depot with an approved weighbridge (installed in accordance with regulation 77)—the mass of the waste and other matter received at the depot must, on its receipt and prior to its disposal (including waste used as cover for landfill), be determined by use of the approved weighbridge unless the Authority has, in accordance with the Waste Reporting, Record Keeping and Measurement Standard, determined otherwise; (b) if paragraph (a) does not apply— (i) in the case of waste and other matter specified in the Waste Reporting, Record Keeping and Measurement Standard—the mass— (A) may be determined by use of an approved weighbridge; or (B) if not so determined—will be taken to be the average net mass of waste and other matter, as determined for a relevant class of vehicle or if relevant, the type of waste or other matter, in accordance with the Waste Reporting, Record Keeping and Measurement Standard; and (ii) in any other case—the mass must, subject to regulation 78, be determined by use of an approved weighbridge. (4) If a weighbridge is used under this regulation to measure waste and other matter, it is to be measured— (a) in the case of waste weighed on a weighbridge installed before 1 September 2009—to the highest level of weighing accuracy for the particular design of weighbridge; or (b) in any other case—to the nearest 0.02 tonnes or kilolitres. (5) The volume of liquid waste disposed of at a waste depot— (a) may be determined by use of a dipstick pre‑calibrated for the liquid waste container used to hold the liquid waste to be disposed of; or (b) may be measured by means of a volume measuring device, which has been approved in writing by the Authority, installed at the depot; or (c) may be calculated— (i) by measuring the net mass of the liquid waste by use of an approved weighbridge; and (ii) by dividing that measurement by the predetermined mass per kilolitre of the particular liquid waste; or (d) may be taken to be that certified, in a cartnote signed by both the producer and transporter of the waste, to be the volume of liquid waste to be delivered to the depot; or (e) if a liquid waste container used to hold the liquid waste to be disposed of is full— (i) may be calculated from the dimensions of the container; or (ii) in the case of a container the capacity of which has been predetermined by a volume calibration method (approved in writing by the Authority) and marked on the container—may be taken to be that capacity. 76—Exemption from requirements relating to mass balance report (1) The Authority may, on application by the holder of a waste depot licence or on its own initiative, exempt the holder from compliance with any (or all) of the requirements of, or relating to, a mass balance report under regulation 74. (b) the nature of the business or operation conducted at the waste depot by the licence holder; and (c) may be varied or revoked by the Authority, by further notice in writing, at any time (including by varying or revoking any conditions of the exemption, or by imposing new conditions). 77—Certain depots must have approved weighbridge (1) Subject to this regulation and regulation 78, if a waste depot has, in a financial year— (a) received at the depot 20 000 tonnes or more of solid waste and other matter; or (b) disposed of at the depot 10 000 tonnes or more of solid waste (including waste used as cover for landfill), the holder of the waste depot licence must ensure that an approved weighbridge is installed at the depot no later than 4 months after the end of that financial year, for weighing solid waste and other matter received, used or disposed of at, or transported from, the depot. (2) The Authority may, on application by the holder of a waste depot licence within the relevant 4 month period referred to in subregulation (1), extend the period within which an approved weighbridge must be installed at the depot by a further period of 2 months. (3) Despite subregulation (1), the holder of a waste depot licence is not required to comply with the requirement to have a weighbridge installed at the depot if— (a) — (i) a weighbridge located at a place other than the depot was used by the licence holder before 1 October 2000 for the purpose of weighing waste received for disposal at the depot; and (ii) the licence holder currently owns and operates the weighbridge for that purpose; or (b) the depot conducted by the licence holder is not a landfill depot and— (i) a weighbridge located at a place other than that depot was used by the licence holder before 1 July 2021 for the purpose of weighing waste received for resource recovery at the depot; and (ii) the licence holder currently owns and operates the weighbridge for that purpose. 78—Exemptions from approved weighbridge requirements (1) The Authority may, on application by the holder of a waste depot licence, exempt the holder from compliance with the requirement in regulation 75(3)(b)(ii) that the mass of solid waste and other matter is to be determined by use of an approved weighbridge if satisfied— (a) that— (i) the depot will receive less than 10 000 tonnes of solid waste and other matter for disposal at the depot in each financial year; and (ii) the depot uses adequate alternative methods of measuring the mass of solid waste and other matter; or (b) that— (i) the depot satisfies circumstances or requirements specified in, or determined in accordance with, the Waste Reporting, Record Keeping and Measurement Standard; and (ii) the depot uses an alternative method of measuring the mass of solid waste and other matter in accordance with the requirements of the Waste Reporting, Record Keeping and Measurement Standard. (2) The Authority may, on application by the holder of a waste depot licence, exempt the holder from compliance with the requirement in regulation 77(1) that an approved weighbridge is to be installed at the depot if satisfied that— (a) the depot will cease operating within 12 months; or (b) suitable arrangements are in place for the waste to be weighed at an approved weighbridge located at a place other than the depot. (c) may be varied or revoked by the Authority, by further notice in writing, at any time (including by varying or revoking any conditions of the exemption, or imposing new conditions). 79—Results of baseline survey or stocktake by holder of waste depot licence must be kept and made available (1) The holder of a waste depot licence who was required to provide to the Authority a survey of the depot or a stocktake of waste and other matter at the depot in accordance with regulation 74(1) of the revoked regulations must— (a) ensure that the results of the survey or stocktake are kept for at least 5 years after the survey or stocktake was carried out; and revoked regulations means the Environment Protection Regulations 2009 as in force immediately before the commencement of these regulations. 80—Verification of returns by survey (1) The holder of a waste depot licence must— (a) in the case of a landfill depot that has, during a preceding financial year, disposed of at the depot 10 000 tonnes or more of solid waste (including any waste used as cover for landfill); or (b) in any other case, if requested in writing by the Authority during a financial year, provide the Authority with a survey (as determined, subject to this regulation, in accordance with the Waste Reporting, Record Keeping and Measurement Standard) within the prescribed period for the licence that falls in the next financial year. (2) A survey under this regulation must— (a) include a topographic and volumetric survey of the whole depot site; and (b) in relation to the month in which the survey is conducted, include a report on the movement of waste and other matter at the depot (including, to the extent relevant, the volume of waste and other matter that has been received, disposed of or used for operational purposes or as cover for landfill at the depot, or transported from the depot) during the period of that month immediately preceding the day on which the survey is conducted; and (c) include information on the change in the total volume of waste and other matter that has occurred at the depot since the preceding survey; and (d) subject to this subregulation, be undertaken in accordance with any other requirements of, and contain any other information specified in, the Waste Reporting, Record Keeping and Measurement Standard (which may, for example, require or specify the type of survey and the related elements, such as details regarding material type, to be included); and (e) be prepared by a licensed or registered surveyor under the Survey Act 1992 or a person, or person of a class, specified in the Waste Reporting, Record Keeping and Measurement Standard. (3) The holder of a waste depot licence must— (a) ensure that the results of a survey under this regulation are kept for at least 5 years after the survey was carried out; and (4) The Authority may, on application by the holder of a waste depot licence or on its own initiative, exempt the holder from compliance with any (or all) of the requirements of this regulation. (5) An exemption issued by the Authority under this regulation— (c) may be varied or revoked by the Authority, by further notice in writing, at any time (including by varying or revoking any conditions of the exemption, or by imposing new conditions). (6) In this regulation— prescribed period, in relation to a licence, means the period of time that is less than 6 months, but more than 3 months, before the first anniversary, and each subsequent anniversary, of the grant or renewal of the licence. 81—Verification of returns by stocktake (1) The holder of a waste depot licence who is required to provide a mass balance report under regulation 74(2) must, if the licence holder is not required to undertake a survey under regulation 80 in a given financial year, cause a stocktake of waste and other matter at the depot to be carried out and the results provided to the Authority within the prescribed period for the licence that falls in the next financial year. (2) The Authority may, at any time in a financial year, by notice in writing to the holder of a waste depot licence who is required to provide a mass balance report under regulation 74(2), require that the licence holder cause a stocktake of waste and other matter at the depot to be carried out, and the results provided to the Authority, at such intervals (which may not be less than on a monthly basis), or within the period or periods, specified by the notice. (3) To avoid doubt, a stocktake (or stocktakes) carried out in accordance with subregulation (2) may be in addition to a stocktake required under subregulation (1) and may, if so specified in the notice, be required on an ongoing basis. (4) The holder of a waste depot licence must comply with a notice under subregulation (2). (5) A stocktake under this regulation must— (a) in relation to the month in which the stocktake is conducted, include a report on the movement of waste and other matter at the depot (including, to the extent relevant, the volume of waste and other matter that has been received, disposed of or used for operational purposes or as cover for landfill at the depot, or transported from the depot) during the period of that month immediately preceding the day on which the stocktake is conducted; and (b) subject to this regulation, in the case of a stocktake under subregulation (1)—be carried out in accordance with any other requirements of, and contain any other information specified in, the Waste Reporting, Record Keeping and Measurement Standard; and (c) subject to this regulation, in the case of a stocktake under subregulation (2)—be carried out in accordance with any other requirements of, and contain any other information specified in, the notice (and if the notice so specifies, in accordance with the Waste Reporting, Record Keeping and Measurement Standard); and (d) be carried out by a person who holds the qualifications, or otherwise meets the requirements, specified in the Waste Reporting, Record Keeping and Measurement Standard. (6) The holder of a waste depot licence must— (a) ensure that the results of a stocktake under this regulation are kept for at least 5 years after the stocktake was carried out; and (7) The Authority may, on application by the holder of a waste depot licence or on its own initiative, exempt the holder from compliance with any (or all) of the requirements of this regulation. (8) An exemption issued by the Authority under this regulation— (c) may be varied or revoked by the Authority, by further notice in writing, at any time (including by varying or revoking any conditions of the exemption, or by imposing new conditions). prescribed period, in relation to a licence, means the period of time that is less than 6 months, but more than 3 months, before the first anniversary, and each subsequent anniversary, of the grant or renewal of the licence. 82—Special provision for certain councils for waste fees (1) This regulation only applies to a council if— (a) the whole of the council area is outside of metropolitan Adelaide; and (b) all of the waste disposed of at depots operated by the council has been brought to the depots from premises situated outside of metropolitan Adelaide; and (c) each depot operated by the council disposes of less than 10 000 tonnes of solid waste at the depot in any financial year. (2) For the purpose of determining the levy payable by a council under section 113 of the Act in respect of solid waste received at all depots operated by the council, the council may elect, by written notice to the Authority— (a) not to comply with regulations 74 and 75 in respect of solid waste disposed of at those depots; and (b) to take the mass of solid waste received during each month at those depots to be the mass determined in accordance with the following formula: