Schedule 7 — Forms
Notes
Compilation table 137
Other notes 144
Defined terms
Environmental Protection Act 1986
Part 1 — Preliminary
1. Citation
These regulations may be cited as the Environmental Protection Regulations 1987.
2. Commencement
These regulations come into operation on the day on which section 3 of the Environmental Protection Act 1986 comes into operation.
[Regulation 2 amended: Gazette 28 Jun 2016 p. 2631.]
2AA. Terms used
In these regulations, unless the contrary intention appears —
clean fill premises means premises on which all of the waste that is, or has ever been, accepted for burial is uncontaminated fill or clean fill, as determined by reference to the Landfill Waste Classification and Waste Definitions 1996;
head office means the premises of the Authority at Level 8, The Atrium, 168 St Georges Terrace, Perth, Western Australia;
hydraulic fracturing has the meaning given in the Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017 regulation 3;
Landfill Waste Classification and Waste Definitions 1996 means the document of that name published by the Chief Executive Officer as amended from time to time;
petroleum activity has the meaning given in the PGER Environment Regulations regulation 4;
PGER Environment Regulations means the Petroleum and Geothermal Energy Resources (Environment) Regulations 2012.
[Regulation 2AA inserted: Gazette 29 Sep 2006 p. 4261; amended: Gazette 28 Jun 2016 p. 2629; 27 Apr 2018 p. 1389‑90; SL 2024/244 r. 4.]
Part 2 — Administrative matters
2A. Draft policies, where and when public may inspect (Act s. 26(1)(d))
For the purposes of section 26(1)(d) of the Act —
(a) the places at which a draft policy will be available for public inspection are —
(i) the head office; and
(ii) Lot 3 Anderson Road, Karratha Industrial Estate, Karratha, Western Australia, 6714; and
(iii) 181‑205 Davey Street, Booragoon, Western Australia, 6154; and
(iv) the corner of Dodson Road and South Western Highway, Bunbury, Western Australia, 6230; and
(v) 1st Floor, The Foreshore Centre, 201 Foreshore Drive, Geraldton, Western Australia, 6530;
and
(b) the period during which a draft policy will be available for public inspection is the period of 21 days commencing on the last day on which a notice is published under that section in respect of the draft policy.
[Regulation 2A inserted: Gazette 5 May 1989 p. 1379; amended: Gazette 24 Jan 1992 p. 362; 11 Dec 1998 p. 6598; 29 Sep 2006 p. 4261; 28 Jun 2016 p. 2629‑30.]
2B. Publication of Authority minutes and records
exempt matter means matter that is exempt under the Freedom of Information Act 1992 Schedule 1;
minute means a minute of proceedings of a meeting of the Authority;
record means a record kept under section 14A(7) of the Act.
(2) Subject to subregulation (4), the Authority must —
(a) cause a minute to be published within 6 months after the date of the meeting to which the minute relates; and
(b) cause a record to be published within 6 months after the date of the decision to which the record relates.
(3) The Authority may determine that a minute or record, or a part of a minute or record, contains exempt matter.
(4) The Authority must not publish a minute or record, or a part of a minute or record, that is the subject of a determination under subregulation (3).
(5) The Authority may revoke a determination made under subregulation (3).
[Regulation 2B inserted: SL 2021/178 r. 9.]
2C. Proposals of prescribed class (Act s. 38)
existing petroleum authority area has the meaning given in the Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017 regulation 3A.
(2) For the purposes of section 38(5)(b) and (5c)(b) of the Act a proposal is of a prescribed class if it involves a significant discharge of waste into the environment.
(3) For the purposes of section 38(5)(b) and (5c)(b) of the Act a proposal is of a prescribed class if it involves a significant emission of noise, odour or electromagnetic radiation into the environment.
(4) For the purposes of section 38(5)(b) and (5c)(b) of the Act a proposal is of a prescribed class if it involves a petroleum activity that —
(a) is the subject of —
(i) an environment plan submitted under the PGER Environment Regulations regulation 9; or
(ii) a revision of an environment plan submitted under the PGER Environment Regulations regulation 18, 19 or 20;
and
(b) is to be carried out in an existing petroleum authority area; and
(c) involves hydraulic fracturing.
[Regulation 2C inserted: SL 2020/114 r. 4; amended: SL 2024/244 r. 5.]
3. Details prescribed for records of referred proposals
The Authority must in a public record of a referred proposal kept under section 39 of the Act set out —
(a) the title or number or other means of identification of the proposal; and
(b) the name of, or the office or position held or acted in by, the proponent of the proposal.
[Regulation 3 inserted: SL 2021/178 r. 10.]
Part 2A — Publication and confidentiality
[Heading inserted: SL 2021/178 r. 11.]
3A. Terms used
In this Part each of the following terms has the meaning given in section 122B(1) of the Act —
documentation
publish
submit
[Regulation 3A inserted: SL 2021/178 r. 11.]
3B. Authority may keep documentation relating to proposals confidential on request
confidential material means either of the following —
(a) trade secrets of a person;
(b) confidential information (other than trade secrets) that has a commercial value to a person that would be, or could reasonably be expected to be, destroyed or diminished if the confidential information were published.
(2) The proponent of a referred proposal or an approved proposal may, when submitting documentation to the Authority in relation to the proposal, request in writing that the Authority not publish the whole or part of the documentation (the relevant documentation) because of the confidential nature of the relevant documentation.
(3) If a request is made under subregulation (2) by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)), the Authority must acknowledge receipt of the request in writing.
(4) On receipt of a request under subregulation (2) and, if subregulation (3) applies, after the Authority has acknowledged receipt of the request the Authority —
(a) must, if satisfied that the whole or part of the relevant documentation contains confidential material, refrain from publishing that whole or part; and
(b) may refrain from publishing the whole or part of the relevant documentation if the Authority —
(i) is not satisfied of the matters referred to in paragraph (a); but
(ii) is satisfied that it is desirable to refrain from publishing that whole or part because of the confidential nature of that whole or part.
[Regulation 3B inserted: SL 2021/178 r. 11.]
3C. Authority must keep certain matters confidential
(1) The Authority must refrain from publishing any BSB number or bank account number contained in documentation submitted to the Authority in relation to a referred proposal or an approved proposal.
(2) Subregulation (1) applies whether or not a request has been made under regulation 3B(2).
[Regulation 3C inserted: SL 2021/178 r. 11.]
3D. Authority may keep certain matters relating to proposals confidential
Aboriginal site has the meaning given in the Aboriginal Heritage Act 1972 section 4;
native species has the meaning given in the Biodiversity Conservation Act 2016 section 5(1);
priority list means either of the following —
(a) the document titled “Threatened and Priority Flora List”, as retitled or amended from time to time, published by the department principally assisting in the administration of the Biodiversity Conservation Act 2016 (the department) on its website;
(b) the document titled “Threatened and Priority Fauna List”, as retitled or amended from time to time, published by the department on its website;
species has the meaning given in the Biodiversity Conservation Act 2016 section 5(1);
threatened species has the meaning given in the Biodiversity Conservation Act 2016 section 5(1).
(2) The Authority may at any time refrain from publishing any of the following information if it is confidential (whether or not a request has been made under regulation 3B(2)) —
(a) personal information;
(b) the precise location of any of the following —
(i) a threatened species;
(ii) any other species listed, designated or declared as threatened, endangered or vulnerable under or for the purposes of a written law;
(iii) a listed threatened species as defined in the Commonwealth Environment Act section 528;
(iv) a species listed on a priority list;
(v) a breeding area of a species referred to in subparagraphs (i) to (iv);
(c) the precise location of a population of a native species, or a breeding area of a native species, if the Authority considers that the survival of a population of the native species could be threatened by —
(i) publishing that information; or
(ii) the presence or actions of persons if that information were published;
(d) the precise location of an Aboriginal site, if the precise location of that site is identified in documentation provided to the Authority in relation to a referred proposal or an approved proposal.
[Regulation 3D inserted: SL 2021/178 r. 11; amended: SL 2023/50 r. 9; SL 2023/170 r. 9.]
Part 2B — Restricted decisions (Act s. 41)
[Heading inserted: SL 2024/244 r. 6.]
3E. Application of Part
This Part applies for the purposes of the definition of restricted decision in section 41(1A) of the Act.
[Regulation 3E inserted: SL 2024/244 r. 6.]
3F. Term used: petroleum activity involving hydraulic fracturing
petroleum activity involving hydraulic fracturing —
(a) means a petroleum activity that is or includes hydraulic fracturing; and
(b) includes a proposed activity and any stage of an activity.
[Regulation 3F inserted: SL 2024/244 r. 6.]
3G. Hydraulic fracturing
A decision is a restricted decision if it —
(a) relates to a petroleum activity involving hydraulic fracturing; and
(b) is made under any of the following provisions —
(i) the PGER Environment Regulations regulations 10, 11, 12, 22 and 23;
(ii) the Petroleum and Geothermal Energy Resources (Resource Management and Administration) Regulations 2015 regulations 13, 16, 44, 47, 51 and 59;
(iii) the Petroleum Pipelines (Environment) Regulations 2012 regulations 10, 11, 12, 22 and 23;
(iv) the Petroleum (Submerged Lands) (Environment) Regulations 2012 regulations 10, 11, 12, 22 and 23;
(v) the Petroleum (Submerged Lands) (Resource Management and Administration) Regulations 2015 regulations 13, 16, 21, 44, 47, 51 and 59.
[Regulation 3G inserted: SL 2024/244 r. 6.]
3H. Planning and development
enabling Act, original jurisdiction, review jurisdiction and Tribunal have the meanings given in the State Administrative Tribunal Act 2004 section 3(1);
planning legislation means any of the following —
(a) the Community Titles Act 2018;
(b) the Forrest Place and City Station Development Act 1985;
(c) the Hope Valley‑Wattleup Redevelopment Act 2000;
(d) the Metropolitan Redevelopment Authority Act 2011;
(e) the Perry Lakes Redevelopment Act 2005;
(f) the Planning and Development Act 2005;
(g) the Port Authorities Act 1999;
(h) the Strata Titles Act 1985;
(i) the Swan and Canning Rivers Management Act 2006 Part 5;
(j) the Swan Valley Planning Act 2020;
(k) without limiting the application of the Interpretation Act 1984 section 46(1) to paragraphs (a) to (j), a plan or scheme referred to in paragraph (c), (d), (f), (g), (i) or (j) of the definition of scheme in section 3(1) of the Act.
(2) A decision made under planning legislation is a restricted decision.
(3) A decision of the Tribunal is a restricted decision if —
(a) the enabling Act in respect of the decision is planning legislation (or a portion of planning legislation); or
(b) the decision otherwise relates to —
(i) a decision of another public authority made under planning legislation (including in a case where the other public authority is taken to have made the decision); or
(ii) a failure or omission by another public authority to make a decision under planning legislation.
(4) Subregulation (3) applies whether the Tribunal is acting —
(a) in the exercise of its original jurisdiction or review jurisdiction; or
(b) in any other case.
(5) Subregulation (3) does not limit the application of subregulation (2) to decisions of the Tribunal.
[Regulation 3H inserted: SL 2024/244 r. 6.]
Part 3 — Control of pollution generally
4. Terms used; amounts of units for fees
(1) In this Part, unless the contrary intention appears —
best practice criteria means criteria specified by the Chief Executive Officer that require the establishment and implementation of —
(a) an environmental policy; and
(b) environmental performance objectives; and
(c) continual improvement programmes; and
(d) environmental management and audit plans; and
(e) other measures that the Chief Executive Officer considers necessary for good environmental performance and management;
category means a category of premises specified in Schedule 1;
licence means a licence under Part V of the Act;
licence period means —
(a) in relation to an application for a licence — the period to which the application relates;
(b) in relation to a licence — the period covered by the licence.
(2) A reference in this Part to a kind of waste is a reference to both the type of waste and the nature of its discharge into the environment.
(3) A reference in this Part or a Schedule to a category followed by a designation is a reference to the category so designated in the first column of Schedule 1.
(4) A reference in Part 3 of Schedule 4 to the Swan Coastal Plain is a reference to the area defined in Schedule 1 to the Environmental Protection (Swan Coastal Plain Lakes) Policy Approval Order 1992 1.
(5) In regulations 5B, 5CB, 5DA and 5F and in Schedule 3 fee amounts are expressed in units or fractions of a unit, one unit being equivalent to the amount specified in column 2 of the Table to this subregulation during the period specified in column 1 of that Table.
| Beginning on 1 July 2013 and ending on 30 June 2014 | 30.40 |
| Beginning on 1 July 2014 and ending on 30 June 2015 | 31.60 |
| Beginning on 1 July 2015 and ending on 30 June 2016 | 32.90 |
| Beginning on 1 July 2016 and ending on 30 June 2017 | 34.20 |
| Beginning on 1 July 2017 and ending on 30 June 2018 | 35.60 |
| Beginning on 1 July 2018 and ending on 30 June 2022 | 40.60 |
| On and from 1 July 2022 | 43.45 |
(6) In Schedule 4 Part 1 fee amounts are expressed in units or fractions of a unit and, for a financial year, one unit is equivalent to the amount specified in column 2 of the Table to this subregulation for that year.
| Beginning on 1 July 2013 and ending on 30 June 2014 | 30.40 |
| Beginning on 1 July 2014 and ending on 30 June 2015 | 31.60 |
| Beginning on 1 July 2015 and ending on 30 June 2016 | 32.90 |
| Beginning on 1 July 2016 and ending on 30 June 2017 | 34.20 |
| Beginning on 1 July 2017 and ending on 30 June 2018 | 35.60 |
| Beginning on 1 July 2018 and ending on 30 June 2022 | 40.60 |
| On and from 1 July 2022 | 43.45 |
(7) In Schedule 4 Parts 2 and 3 fee amounts are expressed in units or fractions of a unit and, for a financial year, one unit is equivalent to the amount specified in column 2 of the Table to this subregulation for that year.
| Beginning on 1 July 2013 and ending on 30 June 2014 | 42.60 |
| Beginning on 1 July 2014 and ending on 30 June 2015 | 44.30 |
| Beginning on 1 July 2015 and ending on 30 June 2016 | 46.10 |
| Beginning on 1 July 2016 and ending on 30 June 2017 | 47.90 |
| Beginning on 1 July 2017 and ending on 30 June 2018 | 49.80 |
| Beginning on 1 July 2018 and ending on 30 June 2022 | 56.80 |
| On and from 1 July 2022 | 62.50 |
[Regulation 4 inserted: Gazette 13 Sep 1996 p. 4546; amended: Gazette 12 Sep 1997 p. 5150; 4 Aug 2000 p. 4199‑200; 9 Sep 2003 p. 4053; 22 Jun 2004 p. 2143‑4; 12 Oct 2004 p. 4755; 22 Jun 2007 p. 2839‑41; 18 Jun 2013 p. 2294-5; 28 Jun 2016 p. 2630; 12 Jun 2018 p. 1887‑8; SL 2022/68 r. 4.]
5. Premises prescribed (Act Part V)
The premises specified in Schedule 1 are prescribed premises for the purposes of Part V of the Act.
[Regulation 5 inserted: Gazette 13 Sep 1996 p. 4546.]
5A. Registration of Sch. 1 Part 2 premises, effect and cancellation of etc.
(1) An occupier of premises specified in Part 2 of Schedule 1 may apply for registration of those premises under regulation 5B.
(2) An occupier who so applies does not commit an offence under section 56 of the Act in respect of those premises while the application is pending.
(3) If premises specified in Part 2 of Schedule 1 are registered under regulation 5B, section 56 of the Act does not apply to the occupier of those premises.
(4) If premises specified in Schedule 1 Part 2 are registered under regulation 5B and the Chief Executive Officer is satisfied that the occupier of the premises —
(a) has been convicted in any court of an offence —
(i) against the Act or regulations made under the Act; and
(ii) that relates to the premises;
or
(b) has operated, conducted, managed, or controlled the premises in a manner which is detrimental to the environment,
the Chief Executive Officer may, by notice in writing served on the occupier of the premises, cancel the registration of the premises.
(5) If the registration of premises is cancelled under subregulation (4), the occupier of the premises may apply to the Chief Executive Officer in writing in a form approved by the Chief Executive Officer for reinstatement of the registration.
(6) The Chief Executive Officer may reinstate the registration if the occupier satisfies the Chief Executive Officer that the occupier will not —
(a) contravene a provision of the Act or regulations made under the Act that relate to the premises; or
(b) operate, conduct, manage, or control the premises in a manner which is detrimental to the environment.
(7) If the registration of the premises is reinstated under subregulation (6), section 56 of the Act does not apply to the occupier of those premises.
[Regulation 5A inserted: Gazette 13 Sep 1996 p. 4546; amended: Gazette 15 Aug 2000 p. 4711‑12.]
5B. Registration of premises, application for etc.
[(1) deleted]
(2) An application for registration of premises is to be —
(a) in a form approved by the Chief Executive Officer; and
(ab) made by the occupier of the premises; and
(b) accompanied by a plan showing the boundaries of the land on which the premises are situated and the layout of the premises; and
(c) accompanied by a fee of 24 units unless the occupier of the premises holds a licence in respect of the premises.
(3) The Chief Executive Officer is to grant an application made under subregulation (2) and enter details of the registered premises in a register kept for that purpose.
(4) A person who becomes the occupier of registered premises and who does not —
(a) notify the Chief Executive Officer of that fact within 30 days of becoming the occupier; and
(b) include with the notification a recording fee of 2 units,
(5) On receipt of a notification and fee under subregulation (4), the Chief Executive Officer is to make the necessary alterations to the register.
[Regulation 5B inserted: Gazette 13 Sep 1996 p. 4546‑7; amended: Gazette 11 Dec 1998 p. 6599; 15 Aug 2000 p. 4712; 8 May 2012 p. 1893.]
5BA. Fees prescribed for works approval (Act s. 54(1))
(1) The fee prescribed for the purposes of section 54(1)(b) of the Act is the appropriate fee specified in Schedule 3 determined on the basis of the cost of the works that are the subject of the application.
(2) In determining the cost of works for the purposes of this regulation, no account is to be taken of —
(a) the cost of land; or
(b) the cost of buildings to be used for purposes unrelated to the purposes in respect of which the premises are, or will become, prescribed premises; or
(c) consultancy fees paid or to be paid in relation to those works.
[Regulation 5BA inserted: Gazette 28 Jun 2016 p. 2630.]
5BB. Fees prescribed for amending works approval or licence (Act s. 59B(1))
For the purpose of section 59B(1)(b) of the Act, the fee prescribed for an application for an amendment to a works approval or licence is based on a unit value of $13.60 per unit, calculated —
(a) for a single category of prescribed premises to which the works approval or licence relates — by using the unit number corresponding to the prescribed premises category in Schedule 4 Part 1; or
(b) for multiple categories of prescribed premises to which the works approval or licence relates — by using the highest unit number corresponding to the prescribed premises categories in Schedule 4 Part 1.
[Regulation 5BB inserted: Gazette 28 Jun 2016 p. 2630‑1; amended: Gazette 12 Jun 2018 p. 1888; SL 2022/68 r. 5.]
5C. Fees prescribed for transfer of works approval or licence (Act s. 64(1))
For the purpose of section 64(1)(b) of the Act the fee prescribed for the transfer of a works approval or licence is $71.20.
[Regulation 5C inserted: Gazette 28 Jun 2016 p. 2631; amended: Gazette 12 Jun 2018 p. 1888.]
5CA. Fee for works approval, CEO may waive
If, in respect of an application for a works approval under section 54 of the Act, the Chief Executive Officer is satisfied that the environmental performance and management of the premises to which the application relates conform to best practice criteria, the Chief Executive Officer may waive any amount otherwise payable under regulation 5BA(1) in respect of the works approval.
[Regulation 5CA inserted: Gazette 15 Aug 2000 p. 4713; amended: SL 2022/68 r. 6.]
5CAA. Manner of advertising prescribed (Act s. 54(2a))
(1) For the purposes of section 54(2a) of the Act, the CEO is to advertise the application for a works approval in an advertisement published in a newspaper circulated daily in the State.
(2) The advertisement is to include —
(a) a statement indicating submissions about the application may be sent to the Department of Environment2 at the address and within the time period specified in the advertisement; and
(b) the following particulars —
(i) the category of prescribed premises under Schedule 1 that describes the main function of the premises to which the application relates;
(ii) the name of the applicant;
(iii) the locality of the premises to which the application relates;
(iv) the reference number for the application.
[Regulation 5CAA inserted: Gazette 23 Nov 2004 p. 5222‑3.]
5CB. Replacement of expiring licence, application for
(1) An application for a licence to replace an existing licence on the expiry of the existing licence must be made by the licence holder of the existing licence more than 70 days before the day on which the existing licence expires.
(2) A licence holder who makes an application described in subregulation (1) 70 days or less than 70 days before the expiry of the existing licence but more than 42 days before the expiry must pay a late application fee of 10 units.
(3) A licence holder who makes an application described in subregulation (1) 42 days or less than 42 days before the expiry of the existing licence must pay a late application fee of 20 units.
[Regulation 5CB inserted: Gazette 22 Jun 2004 p. 2144.]
5D. Prescribed premises, fee for licence for
(1) The total amount of the fee for a licence in respect of prescribed premises is the sum of the following amounts — the amount for each financial year, or part of a financial year, in the licence period worked out under subregulation (1a) (reduced pro rata for a part of a financial year).
(1a) Subject to subregulations (3) and (4) and regulation 5G (the maximum fee), the amount for a financial year is the sum of the paragraph (a) amount and the larger of the paragraph (b) amount and the paragraph (c) amount —
(a) the amount specified in the third column of Part 1 of Schedule 4 for the financial year for the relevant category, and the relevant production or design capacity (where applicable), of the premises specified in the first and second columns of that Part;
(b) in respect of premises within category 5, 6, 7, 8, 9, 12, 14, 44, 46, 53, 54A, 70, 80 or 85B, where the operation of the premises involves the discharge of Part 2 waste — the amount specified in the second column of Part 2 of Schedule 4 for the financial year for the relevant quantity of such waste specified in the first column of that Part that is permitted to be discharged from the premises;
(c) the amount for the financial year is the sum of the following amounts — the amount worked out under regulation 5E for each kind of waste to be discharged from the premises.
(2) If any premises occupied by the same person, as determined by the Chief Executive Officer, fall within more than one category specified in the first column of Part 1 of Schedule 4, the amount payable in respect of those premises under subregulation (1a)(a) is that appropriate to the category in respect of which the higher or highest amount is payable.
(3) No amount is payable under subregulation (1a)(c) in respect of bitterns discharges or discharges from category 14 premises.
(4) No amount is payable under subregulation (1a)(c) in respect of water discharge from category 6 premises.
[(5) deleted]
(6) In this regulation and Schedule 4 —
Part 2 waste means waste consisting of —
(a) tailings; or
(b) bitterns; or
(c) water to allow mining of ore; or
(d) flyash; or
(e) waste water from a desalination plant.
[Regulation 5D inserted: Gazette 13 Sep 1996 p. 4547; amended: Gazette 10 Dec 1996 p. 6876‑7; 15 Aug 2000 p. 4713; 22 Jun 2004 p. 2144‑5; 13 Dec 2005 p. 5982-3; 22 Jun 2007 p. 2841; SL 2022/68 r. 7.]
5DA. Payment of licence fees
(1) An application for a licence for a period of one year or less must be accompanied by the total amount of the fee worked out under regulation 5D.
(2) An application for a licence for a period of more than one year must be accompanied by the fee for the first year of the licence period, worked out under regulation 5D as if the licence period were that first year.
(3) For a licence for a period of more than one year, the licence holder must, before each anniversary of the grant of the licence, pay the fee for the subsequent period (the shorter of the remainder of the licence period or the next year), worked out under regulation 5D as if the licence period were that subsequent period.
(4) If the licence holder does not pay a fee under subregulation (3) on time, the licence holder must pay, in addition to the fee under subregulation (3) —
(a) if the licence holder pays the fee under subregulation (3) before the end of the period of 30 days after the anniversary before which the fee should have been paid — a late payment fee of 10 units; or
(b) otherwise — a late payment fee of 20 units.
(5) For the purposes of section 59A(1) of the Act, each of the following is a ground for revocation or suspension of a licence —
(a) the licence holder does not pay a fee under subregulation (3) before the end of the period of 60 days after the anniversary before which the fee should have been paid;
(b) the licence holder does not pay a late payment fee under subregulation (4)(a) or (b) before the end of the period of 60 days after the anniversary before which the fee under subregulation (3) should have been paid.
(6) Subregulations (4) and (5) apply only if the anniversary before which the fee under subregulation (3) should have been paid is after validation day.
(7) On and after validation day, subregulation (4) (but not subregulation (5)), as deleted by the Environmental Protection Amendment Act 2024 section 49, continues to apply as if that subregulation (4) were still in force for cases where —
(a) a licence holder does not pay a fee under subregulation (3) on time; and
(b) the anniversary before which the fee should have been paid is on or before validation day.
(8) In subregulations (6) and (7) —
validation day has the meaning given in section 138 of the Act.
[Regulation 5DA inserted: Gazette 22 Jun 2004 p. 2145‑6; amended: No. 36 of 2024 s. 49.]
5E. Amount in r. 5D(1a)(c), calculation of
(1) Subject to this regulation, the amount under regulation 5D(1a)(c) for a financial year for a particular kind of waste is to be worked out under Part 3 of Schedule 4 on the basis of the rate at which the waste is permitted to be discharged from the premises during the licence period — the rate (in the units specified for that kind of waste in Part 3 of Schedule 4) being the quantity of waste permitted to be discharged from the premises during the licence period averaged over the licence period.
(2) If, in respect of an application for a licence, the Chief Executive Officer is satisfied that the quantity of a particular kind of waste discharged from the premises in the year immediately preceding the licence period has been accurately measured, the rate in subregulation (1) in respect of such waste may, at the discretion of the Chief Executive Officer, be determined on the basis of the quantity so measured averaged over a period of one year.
(3) If, in respect of an application for a licence, the Chief Executive Officer is satisfied that —
(a) the applicant has put in place appropriate procedures for the accurate measurement of the quantity of a particular kind of waste to be discharged from the premises; and
(b) the quantity of such waste to be discharged from the premises during the licence period has been accurately calculated,
the rate in subregulation (1) in respect of such waste may, at the discretion of the Chief Executive Officer, be determined on the basis of that quantity averaged over the licence period.
(4) If an approved policy specifies standards for the discharge of a particular kind of waste and those standards apply to premises which are the subject of an application for a licence, the amount for the financial year in respect of such waste, as determined under subregulation (1), (2) or (3), is increased by 50% for those premises.
[Regulation 5E inserted: Gazette 13 Sep 1996 p. 4548; amended: Gazette 22 Jun 2004 p. 2146‑7; 22 Jun 2007 p. 2841.]
5EA. Fees under r. 5D(1a)(b) and (c), CEO may waive
If, in respect of an application for a licence, the Chief Executive Officer is satisfied that the environmental performance and management of the premises to which the application relates conform to best practice criteria, the Chief Executive Officer is to waive any amount otherwise payable under regulation 5D(1a)(b) or (c) in respect of the licence.
[Regulation 5EA inserted: Gazette 12 Sep 1997 p. 5150; amended: Gazette 22 Jun 2004 p. 2147.]
5EB. Fees under r. 5D, CEO may waive
If in respect of an application for a licence, the Chief Executive Officer is satisfied that the production or design capacity of the premises is so small that it would be unreasonable to impose a fee, the Chief Executive Officer is to waive any amount otherwise payable under regulation 5D in respect of the licence.
[Regulation 5EB inserted: Gazette 15 Aug 2000 p. 4713.]
5F. Fee under r. 5D(1a)(c) if discharged waste harmless
(1) Despite regulation 5D(1a)(c), an amount of 25 units for the financial year may be paid in respect of waste to be discharged onto land instead of the amount worked out under regulation 5E, if the Chief Executive Officer is satisfied that the method of discharge renders the waste harmless to the environment.
[(2) deleted]
[Regulation 5F inserted: Gazette 13 Sep 1996 p. 4548; amended: Gazette 22 Jun 2004 p. 2147; 22 Jun 2007 p. 2841.]
5G. Maximum fees under r. 5D(1a)
(1) For the purposes of regulation 5D(1a), the amount for a financial year cannot exceed the maximum amount for the financial year worked out in accordance with this regulation.
(2) If the amount worked out under regulation 5D(1a)(c) is predominantly attributable to the discharge of waste into air or onto land and the total amount or a component of that total amount is subject to the increase specified in regulation 5E(4) — the maximum fee for the financial year is the amount specified in column 2 of the Table to this subregulation for the financial year.
| Beginning on 1 July 2007 and ending on 30 June 2008 | 605 000.00 |
| Beginning on 1 July 2008 and ending on 30 June 2009 | 705 000.00 |
| Beginning on 1 July 2009 and ending on 30 June 2010 | 755 000.00 |
| Beginning on 1 July 2010 and ending on 30 June 2011 | 805 000.00 |
| Beginning on 1 July 2011 and ending on 30 June 2012 | 855 000.00 |
| Beginning on 1 July 2012 and ending on 30 June 2018<br>On and from 1 July 2018 | 905 000.00<br>1 030 000.00 |
(3) If the amount worked out under regulation 5D(1a)(c) is predominantly attributable to the discharge of waste into air or onto land and neither the total amount nor a component of that total amount is subject to the increase specified in regulation 5E(4) — the maximum fee for the financial year is the amount specified in column 2 of the Table to this subregulation for the financial year.
| Beginning on 1 July 2007 and ending on 30 June 2008 | 550 000.00 |
| Beginning on 1 July 2008 and ending on 30 June 2009 | 650 000.00 |
| Beginning on 1 July 2009 and ending on 30 June 2010 | 700 000.00 |
| Beginning on 1 July 2010 and ending on 30 June 2011 | 750 000.00 |
| Beginning on 1 July 2011 and ending on 30 June 2012 | 800 000.00 |
| Beginning on 1 July 2012 and ending on 30 June 2018<br>On and from 1 July 2018 | 850 000.00<br>970 000.00 |
(4) If the amount worked out under regulation 5D(1a)(c) is predominantly attributable to the discharge of waste into waters — the maximum fee for the financial year is the amount specified in column 2 of the Table to this subregulation for the financial year.
| Beginning on 1 July 2007 and ending on 30 June 2008 | 640 000.00 |
| Beginning on 1 July 2008 and ending on 30 June 2009 | 740 000.00 |
| Beginning on 1 July 2009 and ending on 30 June 2010 | 790 000.00 |
| Beginning on 1 July 2010 and ending on 30 June 2011 | 840 000.00 |
| Beginning on 1 July 2011 and ending on 30 June 2012 | 890 000.00 |
| Beginning on 1 July 2012 and ending on 30 June 2018<br>On and from 1 July 2018 | 940 000.00<br>1 070 000.00 |
(5) If the amount worked out under regulation 5D(1a)(c) is equally attributable to the discharge of waste into air or onto land and the discharge of waste into waters — the maximum fee for the financial year is the amount specified in column 2 of the Table to this subregulation for the financial year.
| Column 1 Financial year | Column $ |
| Beginning on 1 July 2007 and ending on 30 June 2008 | 640 000.00 |
| Beginning on 1 July 2008 and ending on 30 June 2009 | 740 000.00 |
| Beginning on 1 July 2009 and ending on 30 June 2010 | 790 000.00 |
| Beginning on 1 July 2010 and ending on 30 June 2011 | 840 000.00 |
| Beginning on 1 July 2011 and ending on 30 June 2012 | 890 000.00 |
| Beginning on 1 July 2012 and ending on 30 June 2018<br>On and from 1 July 2018 | 940 000.00<br>1 070 000.00 |
[Regulation 5G inserted: Gazette 22 Jun 2004 p. 2147‑50; amended: Gazette 22 Jun 2007 p. 2841‑3; 12 Jun 2018 p. 1888‑9.]
5H. Partial refunds of fees for licences
(1) If an application for a licence is refused, the Chief Executive Officer is to —
(a) deduct from the fee which accompanied the application such amount as the Chief Executive Officer considers reasonable to meet the administrative costs associated with determining the application; and
(b) refund the balance of the fee to the applicant.
(2) If —
(a) a fee paid in respect of a licence comprised an amount determined under regulation 5E(2) or (3); and
(b) the Chief Executive Officer is satisfied that the quantity of waste discharged from the premises during the term of the licence (the actual discharge) is less than the quantity used as the basis for determining that amount; and
(c) an application for a refund is made in writing in a form approved by the Chief Executive Officer by the person who is the licensee at the end of the term of the licence —
(i) on an application for another licence in respect of the same premises made within 3 months of the end of the term of the expired licence; or
(ii) within 3 months of the end of the term of the licence,
the Chief Executive Officer is to refund to the licensee the difference between the fee that would have been payable if the amount under regulation 5E had been determined on the basis of the actual discharge and the fee paid.
(3) If —
(a) a fee paid in respect of a licence comprised an amount under regulation 5D(1)(b) or (c); and
(b) the Chief Executive Officer determines during the term of that licence that the environmental performance and management of the premises to which the licence relates conform to best practice criteria,
the Chief Executive Officer is to refund to the licensee an amount which bears the same proportion to the amount referred to in paragraph (a) as the unexpired portion of the term of licence (calculated from the day of the determination referred to in paragraph (b)) bears to the term of the licence.
[Regulation 5H inserted: Gazette 13 Sep 1996 p. 4549; amended: Gazette 12 Sep 1997 p. 5150; 15 Aug 2000 p. 4713‑14; 22 Jun 2004 p. 2150.]
5I. Certain matters relevant to fees to be determined by CEO
For the purposes of determining the amount of a fee under this Part, any question relating to the cost of works, the production or design capacity of premises, or the kind or quantity of waste discharged or to be discharged from premises is to be determined by the Chief Executive Officer.
[Regulation 5I inserted: Gazette 13 Sep 1996 p. 4549.]
5IA. Compliance with best practice criteria may be condition of licence (Act s. 62(2))
For the purposes of section 62(2) of the Act the Chief Executive Officer may specify as a condition of a licence that the licensee is to comply with best practice criteria in relation to the environmental performance and management of the premises to which the licence relates.
[Regulation 5IA inserted: Gazette 12 Sep 1997 p. 5151; amended: Gazette 20 Aug 2013 p. 3856.]
5J. Manner of advertising prescribed (Act s. 57(2a))
(1) For the purposes of section 57(2a) of the Act, the CEO is to advertise the application for a licence in an advertisement published in a newspaper circulated daily in the State.
(2) The advertisement is to include —
(a) a statement indicating submissions about the application may be sent to the Department of Environment 2 at the address and within the time period specified in the advertisement; and
(b) the following particulars —
(i) the category of prescribed premises under Schedule 1 that describes the main function of the premises to which the application relates;
(ii) the name of the applicant;
(iii) the locality of the premises to which the application relates;
(iv) the reference number for the application.
[Regulation 5J inserted: Gazette 23 Nov 2004 p. 5223.]
5K. Details of discharge prescribed (Act s. 72(1))
For the purposes of section 72(1) of the Act the prescribed details of a discharge of waste are —
(a) the time and the address of the premises on or from which the discharge occurred and a map of the premises showing the location of the discharge; and
(b) if the discharge of the waste was a result of the operation of equipment or otherwise, the name of the person operating the equipment or otherwise responsible for the discharge of the waste; and
(c) the composition of the waste; and
(d) the quantity of the waste discharged; and
(e) whether or not the discharge caused pollution and, if so, the nature and extent of the pollution; and
(f) the action taken by the occupier of the premises to minimize the effect on the environment of the discharge of waste; and
(g) whether or not the waste involved in the discharge has been removed, dispersed, destroyed, disposed of or otherwise dealt with, and if so, the manner in which the waste was removed, dispersed, destroyed, disposed of or otherwise dealt with.
[Regulation 5K inserted: Gazette 11 Dec 1998 p. 6599.]
5L. Manner of notifying prescribed (Act s. 72)
(1) A notification to the Chief Executive Officer under section 72 of the Act may be given by telephone or facsimile.
(2) If the notification is given by telephone, notification in writing must be given to the Chief Executive Officer as soon as practicable after the telephone notification.
[Regulation 5L inserted: Gazette 11 Dec 1998 p. 6600.]
5M. Changes in information given to Department, occupier etc. to notify Department of
(1) If the occupier of premises registered under regulation 5B becomes aware —
(a) of a change in a material particular in the information provided in the application for the registration; or
(b) that the operation of the registered premises has changed in a material manner after the registration was granted,
the occupier must promptly notify the Department of the change in a form approved by the Chief Executive Officer.
(2) If a person to whom a works approval has been granted under section 54 of the Act becomes aware of a change in a material particular in the information provided to the Department in the application for the works approval, or in the course of the processing of the application for the works approval, then the occupier must promptly notify the Department of the change in a form approved by the Chief Executive Officer.
(3) If a person to whom a licence has been granted under section 57 of the Act becomes aware of a change in a material particular in the information provided to the Department in the application for the licence, or in the course of the processing of the application for the licence, then the occupier must promptly notify the Department of the change in a form approved by the Chief Executive Officer.
(4) A person who contravenes subregulation (1), (2), or (3) commits an offence.
[Regulation 5M inserted: Gazette 15 Aug 2000 p. 4714‑15.]
5N. Transitional provision (reduced fees)
If a fee prescribed under this Part is paid by a person (the payer) on or after 1 October 1998 but before the Environmental Protection Amendment Regulations (No. 3) 2000 come into force, the Chief Executive Officer may refund to the payer the portion of the fee that exceeds the fee payable under this Part had those regulations come into force on 1 October 1998.
[Regulation 5N inserted: Gazette 15 Aug 2000 p. 4715.]
5O. Reduction, waiver, or refund of fees, CEO’s powers as to
The Chief Executive Officer may reduce, waive, or refund, in whole or part, any fee referred to in these regulations relating to a works approval, licence, or registration.
[Regulation 5O inserted: Gazette 15 Aug 2000 p. 4715.]
Part 3A — Use of mercury in manufacturing
[Heading inserted: SL 2021/190 r. 4.]
5P. Terms used
mercury means elemental mercury (Hg(0), CAS No. 7439‑97‑6);
mercury‑added product means a product or product component that contains mercury or a mercury compound that was intentionally added;
mercury compound means any substance consisting of atoms of mercury and 1 or more atoms of another chemical element, which can only be separated into different components by a chemical reaction;
prohibited manufacturing process —
(a) means a process that uses mercury or a mercury compound to produce any of the following —
(i) acetaldehyde;
(ii) chlor‑alkali;
(iii) polyurethane;
(iv) potassium ethylate;
(v) potassium methylate;
(vi) sodium ethylate;
(vii) sodium methylate;
(viii) vinyl chloride monomer;
but
(b) does not include a process that uses a mercury‑added product instead of mercury or a mercury compound.
[Regulation 5P inserted: SL 2021/190 r. 4.]
5Q. Offence to conduct a prohibited manufacturing process
A person must not conduct a prohibited manufacturing process.
Penalty: a fine of $20 000.
[Regulation 5Q inserted: SL 2021/190 r. 4.]
Part 4 — Audible alarms
6. Period prescribed for audible alarms (Act s. 99(1)(a))
For the purposes of section 99(1)(a), the prescribed period is 30 minutes.
Part 5 — Appeals
7. Commencing appeals under Act Part VII, manner of
(1) A person lodging an appeal under Part VII of the Act must —
(a) sign the appeal and address it to the Minister; and
(b) set out in the appeal —
(i) in the case of an appeal lodged under section 100 of the Act, the title or number or other means of identification of the relevant proposal and the name of, or the office or position held or acted in by, the proponent of that proposal; and
(ii) in the case of an appeal lodged under section 102 of the Act in respect of a works approval or licence, the name of the applicant or holder of the works approval or licence, as the case requires, and the location of the prescribed premises to which that application relates; and
(iii) in the case of an appeal lodged under section 103 of the Act, the name of the person on whom the relevant pollution abatement notice, or notice under section 65(4), was served and the location of the premises to which that pollution abatement notice or notice relates; and
(iv) in the case of an appeal lodged under section 104 of the Act, the name of the person on whom the relevant notice was served under section 96(1) or 97(1) of the Act and a description of the vehicle, vessel or equipment to which that notice relates; and
(v) the substance of the decision or matter the subject of the appeal; and
(vi) the name and address of the appellant for the service of notices;
and
(c) lodge with the Minister —
(i) in the case of an appeal lodged under section 100, a fee of $10; or
(ii) in the case of an appeal lodged under section 102, a fee of $50; or
(iii) in the case of an appeal lodged under section 103 or 104, a fee of $25.
(2) The Minister may reduce, waive or refund, in whole or in part, any fee referred to in subregulation (1).
(3) A person who has lodged an appeal under Part VII of the Act may withdraw the appeal after having given the Minister not less than 7 days’ notice in writing of his intention to do so.
[Regulation 7 amended: Gazette 28 Jun 2016 p. 2632.]
8. Decisions on appeals, Minister to publish
(1) The Minister must cause the details set out in subregulation (2) of his decisions on appeals lodged under Part VII of the Act to be published by causing those details to be made available for public inspection at the head office between the hours of 8 a.m. and 5 p.m. on any day which is not a Saturday, Sunday or public service holiday or a public holiday appointed or declared for the Perth area.
(2) The details referred to in subregulation (1) are —
(a) in the case of an appeal lodged under section 100, the title or number or other means of identification of the relevant proposal and the name, or the office or position held or acted in by, the proponent of that proposal;
(b) in the case of an appeal lodged under section 102 of the Act in respect of a works approval or licence, the name of the applicant or holder of the works approval or licence, as the case required, and the location of the prescribed premises to which that application relates;
(c) in the case of an appeal lodged under section 103 of the Act, the name of the person on whom the relevant pollution abatement notice, or notice under section 65(4), is served and the location of the premises to which that pollution abatement notice or notice relates;
(d) in the case of an appeal lodged under section 104 of the Act, the name of the person on whom the relevant notice was served under section 96(1) or 97(1) of the Act and a description of the vehicle, vessel or equipment to which that notice relates;
(e) if the name of the appellant is not a detail referred to in paragraph (a), (b), (c) or (d), that name;
(f) a summary of the nature and grounds of the relevant appeal;
(g) the decision of the Minister on the relevant appeal and the date of that decision.
[Regulation 8 amended: Gazette 24 Jan 1992 p. 362; 11 Dec 1998 p. 6600; 28 Jun 2016 p. 2632.]
9. Decisions on appeals, persons to be notified of
The Minister must cause to be notified in writing of his decision on an appeal lodged under Part VII of the Act —
(a) the appellant; and
(b) any relevant decision‑making authority; and
(c) the Authority; and
(d) the Chief Executive Officer; and
(e) in the case of an appeal lodged under section 100 of the Act, the proponent of the relevant proposal; and
(f) in the case of an appeal lodged under section 102 of the Act in respect of a works approval or licence, the applicant for or the holder of the works approval or licence, as the case requires; and
(g) in the case of an appeal lodged under section 103 of the Act, the person on whom the relevant pollution abatement notice, or notice under section 65(4), was served; and
(h) in the case of an appeal lodged under section 104, the person on whom the relevant notice was served under section 96(1) or 97(1) of the Act.
[Regulation 9 amended: Gazette 28 Jun 2016 p. 2632.]
Part 6 — Tyres
[10. Deleted: Gazette 31 Dec 1993 p. 6878.]
11. Terms used; calculating quantity of used tyres
(1) In this regulation and regulations 12, 13, 13A, 14 and 15 —
approved site means a landfill site —
(a) set apart by a local government under section 119 of the Health (Miscellaneous Provisions) Act 1911; or
(b) licensed under Part V of the Act; or
(c) approved by the Chief Executive Officer;
licensed premises means a place that is prescribed premises under the Act, and in relation to which the licence is in force under the Act;
storage includes collection and deposit;
tyre means a tyre made whether wholly or partly of natural or synthetic rubber or similar material;
Tyre Landfill Exclusion Zone means the area comprising the local government districts specified in Schedule 5;
tyre retailer means a person who carries on a business which principally consists of the sale of tyres by retail or the fitting of tyres, or a combination of those activities.
(2) For the purposes of these regulations, 2 m3 of shredded, broken or pieces of used tyres are to be taken to equal 100 used tyres and any multiple of 2 m3 of shredded, broken or pieces of used tyres are to be taken to be equal to the corresponding multiple of 100 used tyres and where an intermediate quantity of shredded, broken or pieces of used tyres occurs the equivalent number of used tyres are calculated by interpolation.
(3) For the purposes of these regulations the size of a tyre is to be disregarded when computing the number of tyres in question.
[Regulation 11 inserted: Gazette 30 Aug 1991 p. 4554‑5; amended: Gazette 12 Nov 1996 p. 6303; 10 Dec 1996 p. 6877; 28 Jun 2016 p. 2631‑2; 10 Jan 2017 p. 197.]
12. Disposal and storage of tyres prescribed as alteration of environment (Act s. 3(1) pollution)
For the purposes of paragraph (c) of the definition of pollution in section 3(1) of the Act —
(a) the disposal of tyres otherwise than in accordance with regulation 14;
(b) the storage of used tyres —
(i) in any number exceeding 500 on a place used for or in connection with a tyre fitting business;
(ii) in any number exceeding 100 on any other place,
is a prescribed alteration of the environment.
[Regulation 12 inserted: Gazette 30 Aug 1991 p. 4555; amended: Gazette 12 Nov 1996 p. 6303‑4.]
13. Transport of used tyres for reward etc., when permitted
(1) A person must not —
(a) for gain or other reward; or
(b) in the course of any business carried on by that person,
transport used tyres —
(c) for the purpose of storage except to a place that is licensed premises for that purpose; or
(d) for the purpose of disposal except to a place that is established for that purpose.
(2) For the purposes of subregulation (1) a person is deemed to transport used tyres in the course of business whether the transport of used tyres is the principal business carried on by that person or is only incidental to any other business carried on by that person.
[Regulation 13 inserted: Gazette 30 Aug 1991 p. 4555; amended: Gazette 11 Dec 1998 p. 6600; 28 Jun 2016 p. 2632.]
13A. Tyre retailer not to damage used tyres
(1) A tyre retailer must not, except in accordance with written approval given by the Chief Executive Officer —
(a) cut or otherwise damage a used tyre; or
(b) cause or permit a used tyre to be cut or otherwise damaged,
in such a manner as to render the tyre unsuitable for retreading.
(2) For the purposes of subregulation (1) the Chief Executive Officer may give approval subject to such conditions specified in the approval as the Chief Executive Officer thinks fit.
[Regulation 13A inserted: Gazette 12 Nov 1996 p. 6304; amended: Gazette 11 Dec 1998 p. 6600; 28 Jun 2016 p. 2632.]
14. Disposal of tyres, permitted means for
(1) Tyres may be disposed of —
(a) by incineration if —
(i) the emissions from the chimney of that incinerator do not exceed the following levels —
| particulate matter | 50 mg/m3 |
| carbon monoxide | 1 g/m3 |
| zinc | 3 mg/m3 |
| cadmium | 3 mg/m3 |
| aluminium | 3 mg/m3 |
| dioxins | 5 parts per thousand million |
or such other levels as are approved by the Chief Executive Officer; and
(ii) smoke discharged does not exceed a shade of 1 when compared with the Australian Miniature Smoke Chart (AS 3543 1989);
or
(b) by the method described in subregulation (2) at an approved site located —
(i) in the Tyre Landfill Exclusion Zone if the written approval of the Chief Executive Officer has first been obtained; or
(ii) in any local government district outside the Tyre Landfill Exclusion Zone;
or
(c) by any other method of disposal approved by the Minister on the advice of the Chief Executive Officer.
(2) For the purposes of subregulation (1)(b) tyres may be disposed of by burial under a final soil cover of not less than 500 mm —
(a) in batches separated from each other by at least 100 mm of soil and each consisting of not more than 40 m3 of tyres reduced to pieces; or
(b) in batches separated from each other by at least 100 mm of soil and each consisting of not more than 1 000 whole tyres; or
(c) in the case of tyres in any volume or number in a dump existing on 4 December 1992, at the location of that dump,
in accordance with such conditions as are imposed by the Chief Executive Officer in respect of that burial for the purpose of ensuring that drainage, safety, soil erosion and soil stability at, and in the vicinity of, the site of that burial are adequately controlled.
[Regulation 14 inserted: Gazette 30 Aug 1991 p. 4555; amended: Gazette 4 Dec 1992 p. 5889; 12 Nov 1996 p. 6304‑5.]
15. Used tyres, storage of on licensed premises
Used tyres must not be stored on licensed premises otherwise than in accordance with the conditions of the licence issued in relation to those premises.
[Regulation 15 inserted: Gazette 30 Aug 1991 p. 4555; amended: Gazette 28 Jun 2016 p. 2632.]
Part 7 — Anti‑fouling paint
16. Organotin anti‑fouling paint, restrictions on use, sale etc. of
(1) On and from 1 November 1991, a person must not apply organotin anti‑fouling paint to, or cause or permit such paint to be applied to —
(a) a piling, pier, buoy, mooring or other structure in an enclosed water body or a semi‑enclosed water body; or
(b) a vessel that is 25 m or less in length; or
(c) a vessel that is more than 25 m in length, unless the paint has been formulated so that in respect of each square centimetre of surface to which it is applied —
(i) not more than 210 micrograms of organotin are released during the first 14 days after the application of the paint; and
(ii) not more than 5 micrograms of organotin are released during each subsequent day.
(2) On and from 1 September 1991, a person must not sell organotin anti‑fouling paint that is formulated other than as described in subregulation (1)(c).
(3) On and from 1 September 1991, a person who has a container containing organotin anti‑fouling paint must ensure that it has a clearly readable label with the words “NOT TO BE APPLIED TO VESSELS 25 METRES OR LESS IN LENGTH”.
(4) In this regulation —
enclosed water body means a body of water, such as a lake, not connected to the sea;
length means the hull length of a ship, boat or hovercraft or the overall length of any other vessel;
organotin anti‑fouling paint means a coating, paint or treatment that contains an organic derivative of tin;
semi‑enclosed water body means a partially enclosed coastal water, such as an estuary, river, port, harbour, bay, marina or yacht club;
vessel means any ship, boat, hovercraft or hulk and any vehicle, whether floating or submersible and whether self‑propelled or not, that is capable of being used in or on water.
[Regulation 16 inserted: Gazette 30 Aug 1991 p. 4553‑4; amended: Gazette 11 Dec 1998 p. 6600; 28 Jun 2016 p. 2632.]
Part 7A — Burning on development sites
[Heading inserted: Gazette 19 Dec 2000 p. 7283.]
16A. Terms used
development site means a lot that is, or contiguous lots that are together, larger than 2 000 m2 and on which development work is being carried out;
development work means work to develop land for use, including —
(a) the clearing of vegetation or topsoil; or
(b) recontouring or other bulk earthworks; or
(c) trench or road construction;
lot has the meaning given by the Planning and Development Act 2005.
[Regulation 16A inserted: Gazette 19 Dec 2000 p. 7283; amended: Gazette 29 Sep 2006 p. 4261.]
16B. Burning vegetation etc. on development sites in Sch. 5A areas restricted
A person who, in an area prescribed in Schedule 5A, burns, or causes or allows to be burned, vegetation or other matter on or from a development site commits an offence unless —
(a) the person is a public authority and the burning is done in the exercise of a function conferred by a written law; or
(b) the burning is carried out for agricultural purposes.
[Regulation 16B inserted: Gazette 19 Dec 2000 p. 7284.]
Part 8 — Monitoring
[Heading inserted: Gazette 5 Jan 2001 p. 115.]
17. Terms used
In this Part, unless the contrary intention appears —
approved monitoring equipment means monitoring equipment that has been approved by the Chief Executive Officer under regulation 20F;
specified monitoring programme means a monitoring programme specified by the Chief Executive Officer in a works approval or a licence.
[Regulation 17 inserted: Gazette 5 Jan 2001 p. 115.]
18. Conditions prescribed (Act s. 62(2))
There is prescribed for the purposes of section 62(2) of the Act as a condition of a works approval or licence the condition that if the Chief Executive Officer certifies that the results of a specified monitoring programme or measurements taken for the purposes of a specified monitoring programme may be relevant to determining whether or not there has been a breach of the Act or regulations made under the Act —
(a) then monitoring equipment used for the purposes of a specified monitoring programme is to be approved monitoring equipment; and
(b) then any measurement taken for the purpose of the specified monitoring programme is to be taken with approved monitoring equipment.
[Regulation 18 inserted: Gazette 5 Jan 2001 p. 115‑16; amended: Gazette 28 Jun 2016 p. 2631.]
19. Approved monitoring equipment, to be used in specified monitoring programmes
A person who —
(a) is required by a works approval or licence to carry out a specified monitoring programme with approved monitoring equipment; and
(b) does not use approved monitoring equipment for the purpose of carrying out that monitoring programme,
[Regulation 19 inserted: Gazette 7 Jul 2000 p. 3678.]
20. Approved monitoring equipment, duty to ensure accuracy of
(1) A person who —
(a) is required by a works approval or licence to carry out a specified monitoring programme with approved monitoring equipment; and
(b) does not ensure that any approved monitoring equipment used in that monitoring programme is operating so as to give measurements that are accurate,
(2) It is a defence to proceedings for an offence under subregulation (1) if the person charged with that offence proves that the person took reasonable precautions and exercised due diligence to prevent the commission of the offence.
[Regulation 20 inserted: Gazette 7 Jul 2000 p. 3678‑9.]
20A. Approved monitoring equipment, duty to comply with conditions of approval of
(1) A person who —
(a) is required by a works approval or licence to carry out a specified monitoring programme with approved monitoring equipment; and
(b) does not comply with a condition imposed under regulation 20G,
(2) It is a defence to proceedings for an offence under subregulation (1) if the person charged with that offence proves that the person took reasonable precautions and exercised due diligence to prevent the commission of the offence.
[Regulation 20A inserted: Gazette 7 Jul 2000 p. 3679.]
20B. Approved monitoring equipment, duty to report results of to CEO
(1) A person who is required by a works approval or a licence to carry out a specified monitoring programme with approved monitoring equipment must report to the Chief Executive Officer on the matters referred to in subregulation (2) —
(a) at periods or on dates specified in the works approval or licence; or
(b) at such other times as the Chief Executive Officer may require by a written notice which states the reasons for the requirement.
(2) The report under subregulation (1) is to —
(a) contain details of the measurements taken using approved monitoring equipment or other equipment in the course of a specified monitoring programme;
(b) state whether or not any inaccuracy in those measurements is known to the person making the report;
(c) if an inaccuracy in those measurements is known —
(i) state the extent of the inaccuracy known to the person making the report;
(ii) state any cause of the inaccuracy known to the person making the report.
(3) A person who does not comply with this regulation commits an offence.
[Regulation 20B inserted: Gazette 7 Jul 2000 p. 3679‑80; amended: Gazette 5 Jan 2001 p. 116.]
20C. Approved monitoring equipment, presumption of accuracy of
A measurement taken by approved monitoring equipment is to be taken to be correct in the absence of proof, on the balance of probability, to the contrary.
[Regulation 20C inserted: Gazette 7 Jul 2000 p. 3680.]
20D. Report of specified monitoring programme, presumption of accuracy of measurement in
A statement in a report as to the results of a specified monitoring programme made under section 62(3) of the Act or regulation 20B detailing the measurements that were taken using approved monitoring equipment is to be taken to be evidence that those measurements were taken by the monitoring equipment in the absence of proof, on the balance of probability, to the contrary.
[Regulation 20D inserted: Gazette 7 Jul 2000 p. 3680.]
20E. Inaccurate measurement in r. 20B report, duty to notify CEO of
A person who has submitted a report under regulation 20B who becomes aware that a measurement referred to in the report is inaccurate must, as soon as practicable after discovering the inaccuracy, report to the Chief Executive Officer the extent, and cause, of the inaccuracy which is known to the person making the report.
[Regulation 20E inserted: Gazette 7 Jul 2000 p. 3680.]
20F. Monitoring equipment, approval of
(1) A person may apply to the Chief Executive Officer for monitoring equipment to be approved.
(2) Subject to subregulation (3), an application for approval of monitoring equipment is to be in a form approved by the Chief Executive Officer.
(3) The Chief Executive Officer must allow an application to be made by telephone or other electronic means if the Chief Executive Officer is satisfied that, due to the malfunction of approved monitoring equipment or some other reasonable cause, it is necessary to deal with an application as a matter of urgency.
(4) A person who makes an application under subregulation (3) must, as soon as practicable, also make the application for approval of the monitoring equipment in the form approved by the Chief Executive Officer under subregulation (2).
(5) If an application made under subregulation (3) is approved, the approval lapses —
(a) if an application is not made under subregulation (2) within 30 days of the day on which the approval was granted; or
(b) in any other case, 60 days after the day on which the approval was granted.
(6) If a person applies to the Chief Executive Officer for monitoring equipment to be approved, the Chief Executive Officer may —
(a) require the applicant to provide more information before deciding whether or not to grant the approval; or
(b) allow the applicant to provide more information or amend its application before deciding whether or not to grant the approval; or
(c) refuse to grant the approval; or
(d) grant the approval.
(7) Within 60 days of —
(a) the making of an application under subregulation (1); or
(b) the amendment of the application under subregulation (6)(b) or the provision of information under subregulation (6)(a) or (b),
whichever is the latter, the Chief Executive Officer is to —
(c) determine the application.
(8) If the application is refused, the Chief Executive Officer is to provide the person who applied for the approval with a statement of the reasons for refusing the application.
(9) If the application is granted, the Chief Executive Officer is to issue a certificate of approval to the applicant.
(10) A certificate of the Chief Executive Officer stating that monitoring equipment is or is not approved monitoring equipment is conclusive proof of that fact.
[Regulation 20F inserted: Gazette 5 Jan 2001 p. 116‑17.]
20G. Monitoring equipment, conditions of approval of
If monitoring equipment is approved under regulation 20F, that approval is subject to the following conditions —
(a) the equipment is to be calibrated in accordance with any of the following standards as the Chief Executive Officer may specify in writing —
(i) the standards specified by the manufacturer of the equipment;
(ii) an Australian standard;
(iii) an international standard;
and
(b) the equipment is to be operated in accordance with such quality assurance programme as the Chief Executive Officer may specify in writing.
[Regulation 20G inserted: Gazette 7 Jul 2000 p. 3681.]
20H. Approval of monitoring equipment, revoking
(1) The Chief Executive Officer may revoke an approval under regulation 20F if, in the Chief Executive Officer’s opinion —
(a) the equipment referred to in the certificate of approval is not considered to be suitable to be used in a specified monitoring programme; or
(b) the equipment referred to in the certificate of approval has not provided accurate measurements; or
(c) a person has, in relation to an application under regulation 20F(1), provided information in written or oral form that the person knew, or could reasonably be expected to have known, to be —
(i) false or misleading in a material particular; or
(ii) likely to deceive in a material way.
(2) An approval of approved monitoring equipment may be revoked if in the Chief Executive Officer’s opinion —
(a) that equipment has not been calibrated or operated in accordance with a condition imposed under regulation 20G; and
(b) that failure to comply with the condition could have materially affected the accuracy of the equipment or the reliability of the results obtained from that equipment.
(3) A revocation of an approval under regulation 20F is not effective unless the Chief Executive Officer has caused written notice of the intention to revoke the approval to be served personally or by post on the person who obtained the approval stating the grounds on which, and reasons for which, the revocation is to be made and has allowed the person 21 days to provide reasons as to why the Chief Executive Officer should not revoke the approval.
(4) If the Chief Executive Officer decides to revoke an approval, the Chief Executive Officer is to give the person who obtained the approval a notice in writing revoking the approval and stating the reasons for the revocation of the approval.
[Regulation 20H inserted: Gazette 7 Jul 2000 p. 3681‑2; amended: Gazette 5 Jan 2001 p. 117‑18.]
20I. Appeal against r. 20F, 20G or 20H decision
(1) A person who is aggrieved by a decision of the Chief Executive Officer under regulation 20F, 20G, or 20H may within 21 days after the day on which the person is notified of the decision lodge with the Minister an appeal in writing setting out the grounds of the appeal.
(2) An appeal lodged under subregulation (1) is to be treated as if it were an appeal under section 102 of the Act, and for that purpose sections 106 to 110 of the Act apply as if the appeal were an appeal under section 102.
[Regulation 20I inserted: Gazette 7 Jul 2000 p. 3682.]
20J. Revocation of approval, use of monitoring equipment pending determination of appeal against
(1) If —
(a) an appeal has been lodged under regulation 20I(1) in relation to an approval revoked under regulation 20H; and
(b) the Chief Executive Officer has entered into an agreement in writing with the licensee as to the interim monitoring measures to be adopted by the licensee pending the determination of the appeal,
until 60 days after the determination of the appeal, or such other time as is agreed in writing by the Chief Executive Officer and the licensee, any monitoring equipment used in accordance with that agreement is to be taken to be approved monitoring equipment.
(2) A certificate issued by the Chief Executive Officer stating that monitoring equipment specified in the certificate has or has not been used in accordance with an agreement referred to in subregulation (1)(b) is, in the absence of proof on the balance of probability to the contrary, evidence of that fact.
(3) In this regulation, a reference to the licensee is a reference to a person who is required by a works approval or a licence to carry out a specified monitoring programme with approved monitoring equipment.
[Regulation 20J inserted: Gazette 7 Jul 2000 p. 3682‑3.]
20K. CEO’s signature, judicial notice of
Judicial notice is to be taken of the signature of the Chief Executive Officer on a certificate purporting to be issued under regulation 20F(10) or 20J(2).
[Regulation 20K inserted: Gazette 7 Jul 2000 p. 3683; amended: Gazette 5 Jan 2001 p. 118.]
20KA. Guidelines for performance of CEO’s functions, Minister may make etc.
(1) The Minister may by notice published in the Gazette make, amend, or revoke guidelines relating to the manner in which the Chief Executive Officer is to perform the Chief Executive Officer’s functions under this Part.
(2) The Chief Executive Officer is to have regard to the guidelines in the exercise of his or her functions under this Part.
(3) A failure to comply with subregulation (2) does not invalidate an approval of monitoring equipment or the issue of a certificate under this Part.
[Regulation 20KA inserted: Gazette 5 Jan 2001 p. 118.]
20L. Review of this Part
(1) The Authority is to report to the Minister on the operation and effectiveness of this Part within 5 years after its commencement or such other shorter period as the Minister specifies.
(2) The report is to be made after —
(a) the public has been given an opportunity to make submissions on the operation and effectiveness of the Part; and
(b) a reasonable endeavour has been made to obtain the views of public authorities and persons that appear to the Authority to be significantly affected by the Part.
(3) As soon as is practicable after the preparation of the report the Minister is to cause it to be laid before each House of Parliament.
[Regulation 20L inserted: Gazette 7 Jul 2000 p. 3683; amended: Gazette 5 Jan 2001 p. 118.]
Part 9 — Landfill levy
[Heading inserted: Gazette 26 Jun 1998 p. 3370.]
21. Terms used
(1) In this Part —
approved means approved in writing by the Chief Executive Officer;
commencement day means the day on which the Environmental Protection (Landfill) Levy Act 1998 comes into operation 3;
exemption period means the period of exemption specified in a notice of exemption under regulation 23(4);
existing licensee means a person who is a licensee on commencement day;
Fund means the Waste Management and Recycling Fund 4 established under section 110H of the Act;
levy means a levy imposed under the Environmental Protection (Landfill) Levy Act 1998;
licensed landfill means premises specified in category 63, 64 or 65 of Schedule 1;
licensee means the holder of a licence in respect of a licensed landfill;
metropolitan region has the same meaning as it has in the Planning and Development Act 2005;
return period means —
(a) in the case of an existing licensee, the following periods —
• Period 1: July 1 ‑ September 30;
• Period 2: October 1 ‑ December 31;
• Period 3: January 1 ‑ March 31;
• Period 4: April 1 ‑ June 30;
(b) in the case of a licensee who is granted a licence after commencement day, the following periods —
• Period 1: the period beginning on the date of the grant of the licence and ending on the September 30, December 31, March 31 or June 30 immediately next following;
• Each 3 month period next following Period 1.
(2) A reference in this Part to a category followed by a designation is a reference to the category so designated in the first column of Schedule 1.
[Regulation 21 inserted: Gazette 26 Jun 1998 p. 3370‑1; amended: Gazette 29 Sep 2006 p. 4261.]
22. Application of this Part
(1) Subject to any exemption granted on application under regulation 23(1), this Part applies to —
(a) all waste received at licensed landfills in the metropolitan region; and
(b) all waste collected within the metropolitan region and received at licensed landfills outside the metropolitan area.
(2) This Part does not apply to —
(a) waste received at licensed landfills on or after 1 July 2008; and
(b) return periods commencing on or after 1 July 2008.
[Regulation 22 inserted: Gazette 26 Jun 1998 p. 3371; amended: Gazette 20 Jun 2008 p. 2683.]
23. Exemptions from this Part; refunds etc. of levy
(1) A licensee may by application in the approved form claim an exemption from regulation 22 for the following waste received at a licensed landfill in any return period —
(a) uncontaminated soil or other clean fill that —
(i) is, or is to be, used after the completion of landfill operations to cover, to a depth of up to 500 mm, waste disposed of on the premises; and
(ii) was accepted by the licensee at no charge;
(b) waste that is not disposed of to landfill but is collected and stored at a licensed landfill for recycling;
(c) approved waste that has been disposed of in an approved manner.
(2) A licensee may by application in the approved form claim an exemption from the requirement under regulation 25(1) to weigh waste on a weighbridge.
(2a) A licensee of a category 63 licensed landfill may by application in the approved form claim an exemption from the requirements of regulation 26(4) and (5) in respect of a return period if no waste has been disposed of to landfill on the licensed landfill.
(3) The Chief Executive Officer may, by written notice —
(a) grant, or refuse to grant, an exemption; or
(b) grant an exemption subject to conditions, or limited to circumstances, specified in the notice; or
(c) revoke an exemption.
(4) In any exemption notice for waste referred to in subregulation (1)(b) or (c) the Chief Executive Officer is to specify the period for which the exemption applies.
(5) If a condition subject to which an exemption is given is breached, the exemption ceases to have effect.
(6) 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 is to 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.
(7) If the Chief Executive Officer is satisfied that —
(a) waste referred to in subregulation (1)(b) for which an exemption is granted has been recycled or otherwise removed from the licensed landfill within 12 months after the exemption period; and
(b) the levy has been paid in respect of the waste,
the Chief Executive Officer may refund or rebate to the licensee an amount equal to the amount of levy paid in respect of the waste.
[Regulation 23 inserted: Gazette 26 Jun 1998 p. 3371; amended: Gazette 29 Sep 2006 p. 4262.]
24. Financial assurance, CEO may require from licensee with r. 23(1)(b) exemption
licensee does not include a licensee who is a local government.
(2) If a licensee is granted an exemption for waste referred to in regulation 23(1)(b), the Chief Executive Officer may require the licensee to provide a financial assurance to the Chief Executive Officer of an amount specified by the Chief Executive Officer that does not exceed the amount of levy that would otherwise be payable in respect of the waste.
(3) The licensee is to provide the financial assurance —
(a) not later than 2 weeks after the licensee is notified by the Chief Executive Officer that the financial assurance is required; and
(b) in an approved form,
and is to maintain the financial assurance in accordance with any requirements of the Chief Executive Officer of which the licensee has been given written notice.
(4) If the financial assurance is not provided and maintained in accordance with subregulation (3) —
(a) the exemption ceases to have effect; and
(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.
(5) The Chief Executive Officer may call on or use the financial assurance and pay the moneys into the Fund if —
(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
(b) the levy in respect of the waste is not paid as required under regulation 23(6).
(6) If —
(a) waste referred to in regulation 23(1)(b) for which an exemption is granted is recycled or otherwise removed from the licensed landfill within the exemption period; or
(b) the levy is paid in respect of the waste,
the financial assurance in respect of the waste may be terminated by the licensee.
[Regulation 24 inserted: Gazette 26 Jun 1998 p. 3371‑2; amended: Gazette 29 Sep 2006 p. 4262.]
25. Waste received at category 64 or 65 licensed landfill, calculating amount of
(1) Subject to any exemption granted on application under regulation 23(2), waste to which this Part applies that is received at a category 64 or 65 licensed landfill with a weighbridge is to be weighed on the weighbridge at the time of delivery and the weight of the waste as shown at the weighbridge is to be the weight that is used for the purpose of determining the amount of the levy under regulation 27.
(2) If —
(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
(b) a category 64 or 65 licensed landfill does not have a weighbridge,
when waste is received at that licensed landfill the licensee is to estimate the weight of that waste in the approved manner, and the estimated weight is to be the weight that is used for the purpose of determining the amount of the levy under regulation 27.
[Regulation 25 inserted: Gazette 26 Jun 1998 p. 3372; amended: Gazette 29 Sep 2006 p. 4262-3.]
26. Waste disposed of in category 63 licensed landfill, calculating amount of
(1) The licensee of a category 63 licensed landfill must —
(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
(b) lodge with the Chief Executive Officer a report of that survey prepared by the surveyor (the baseline report).
(2) In the case of an existing landfill —
(a) the baseline survey must be conducted as soon as practicable after 1 October 2006; and
(b) the baseline report must be lodged on or before 14 October 2006.
(3) In the case of a category 63 licensed landfill other than an existing landfill —
(a) the baseline survey must be conducted —
(i) after the licence is issued; and
(ii) not more than 14 days before the licensee commences accepting waste for disposal to landfill on the premises;
and
(b) the baseline report must be lodged within 14 days after the licensee commences accepting waste for disposal to landfill on the premises.
(4) Subject to any exemption granted on application under regulation 23(2a), after the end of a return period the licensee of a category 63 licensed landfill 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).
(5) The licensee must lodge a report on a quarterly survey, prepared by the surveyor, with the return lodged under regulation 30 for that return period.
(6) The report referred to in subregulation (5) 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 26A(1).
(7) The volume of waste so calculated by the surveyor is to be the volume used for the purposes of determining the amount of the levy under regulation 27.
(8) In this regulation —
existing landfill means a category 63 licensed landfill —
(a) for which the licence was in force on 1 October 2006; and
(b) at which waste was being accepted for disposal to landfill prior to 1 October 2006;
surveyor means —
(a) a licensed surveyor as defined in the Licensed Surveyors Act 1909; or
(b) a person who is, or is eligible to be, a member of —
(i) the Institution of Surveyors, Australia; or
(ii) the Spatial Sciences Institute.
[Regulation 26 inserted: Gazette 29 Sep 2006 p. 4263-4.]
26A. Breach of r. 26, CEO may estimate amount in case of etc.
(1) If the licensee of a category 63 licensed landfill fails to comply with regulation 26(1) the Chief Executive Officer may establish an estimated base from which the volume of waste subsequently disposed of to landfill on the premises can be measured.
(2) If the licensee of a category 63 licensed landfill fails to comply with regulation 26(5) in respect of a return period the Chief Executive Officer may estimate the number of cubic metres of waste disposed of to landfill on the premises during the return period.
(3) For the purposes of this regulation the Chief Executive Officer may cause a survey of the kind referred to in regulation 26(1)(a) or (4) to be conducted in respect of the licensed landfill.
(4) The Chief Executive Officer must give written notice to the licensee of any estimated base established under subregulation (1) or any estimation made under subregulation (2).
(5) The Chief Executive Officer may call on or use the financial assurance provided by the licensee under regulation 28 to cover any costs incurred under this regulation.
[Regulation 26A inserted: Gazette 29 Sep 2006 p. 4264-5.]
27. Levy, determining amount of
(1) The amount by way of levy that is payable in respect of waste to which this Part applies that is received at a category 63 licensed landfill during a return period is the amount (in dollars) equal to L in the formula —
![]()
where —
V is the number of cubic metres of waste to which this Part applies received at the licensed landfill during the return period determined in accordance with regulation 26 or estimated under regulation 26A(2); and
R is, if the first day of the return period is —
(a) before 1 July 2008, $3; or
(b) on or after 1 July 2008 and before 1 July 2009, $5; or
(c) on or after 1 July 2009 and before 1 July 2010, $7; or
(d) on or after 1 July 2010, $9;
and
S is the lesser of —
(a) the cost incurred by the licensee in complying with regulation 26(4) and (5) in respect of the return period; and
(b) $2 000.
(2) The amount by way of levy that is payable in respect of waste to which this Part applies that is received at a category 64 or 65 licensed landfill during a return period is the amount (in dollars) equal to L in the formula —
![]()
where —
W is the number of tonnes of waste to which this Part applies received at the licensed landfill during the return period determined in accordance with regulation 25; and
R is, if the first day of the return period is —
(a) before 1 July 2008, $6; or
(b) on or after 1 July 2008 and before 1 July 2009, $7; or
(c) on or after 1 July 2009 and before 1 July 2010, $8; or
(d) on or after 1 July 2010, $9.
[Regulation 27 inserted: Gazette 29 Sep 2006 p. 4265-6.]
28. Financial assurance, licensees to pay
licensee does not include a licensee who is a local government.
(2) Each licensee is to pay to the Chief Executive Officer, in accordance with subsection (3), a financial assurance that —
(a) is in an approved form; and
(b) secures or guarantees payment of an amount determined by the Chief Executive Officer, being an amount that in the opinion of the Chief Executive Officer is equivalent to the average levy to be paid by the licensee in a return period.
(3) The financial assurance is to be paid to the Chief Executive Officer —
(a) in the case of an existing licensee, not later than 2 weeks after commencement day; and
(b) in the case of a licensee who is granted a licence after commencement day, not later than 2 weeks after the licence is granted.
(4) The licensee is to maintain the financial assurance in accordance with any requirements of the Chief Executive Officer of which the licensee has been given written notice.
(5) The moneys from any financial assurance that is called on or used by the Chief Executive Officer are to be paid into the Fund.
(6) The Chief Executive Officer is to review the amount of a financial assurance provided under this regulation not later than 2 years after it is provided and thereafter not later than 2 years after each review.
(7) The Chief Executive Officer may at any time, by written direction, require a licensee to increase the amount of the financial assurance provided by the licensee if the Chief Executive Officer thinks it is appropriate to do so.
(8) A licensee is to comply with a direction given to the licensee under subregulation (7).
[Regulation 28 inserted: Gazette 26 Jun 1998 p. 3373; amended: Gazette 11 Dec 1998 p. 6601; 29 Sep 2006 p. 4266.]
29. Records of waste received, licensees’ duties as to
(1) Upon receiving waste at a licensed landfill, the licensee is to make a record in accordance with this regulation.
(2) The record is to be in an approved form and is to show —
(a) the time and date of the delivery; and
(b) the name and licence number of the licensee; and
(c) in the case of a category 63 licensed landfill, the volume of the waste disposed of to landfill on the premises calculated in accordance with regulation 26; and
(ca) in the case of a category 64 or 65 licensed landfill, the weight of the waste as weighed or estimated in accordance with regulation 25; and
(d) a description of the type of waste; and
(e) the amount of levy payable in respect of the waste; and
(f) any other particulars the Chief Executive Officer may, by written notice to the licensee, require the licensee to include.
(3) Any record made by a licensee under this regulation is to be kept by the licensee in a legible written form, or so as to be readily convertible into such a form, for a period of not less than 5 years from the day on which the record was made.
(4) A licensee is to make the records available to an authorised person within 24 hours of being requested by the authorised person to do so.
(5) A licensee who —
(a) contravenes subregulation (1) or (4); or
(b) makes a record under this regulation which is false in any material particular,
[Regulation 29 inserted: Gazette 26 Jun 1998 p. 3373‑4; amended: Gazette 11 Dec 1998 p. 6601; 29 Sep 2006 p. 4266.]
30. Levy, payment of; returns to be lodged
(1) The levy is payable not later than 14 days after the end of each return period.
(2) A licensee, from the details entered in the records referred to in regulation 29 and any estimate made under regulation 26A, is to —
(a) make a return in the approved form in respect of each return period setting out details of waste received; and
(b) lodge the return with the Chief Executive Officer.
(3) The return is to be accompanied by a remittance for the amount of the levy payable on the waste to which that return relates.
[Regulation 30 inserted: Gazette 26 Jun 1998 p. 3374; amended: Gazette 29 Sep 2006 p. 4266.]
31. Audits, CEO’s powers to direct etc.
(1) The Chief Executive Officer may at any time, by notice in writing, direct a licensee to cause —
(a) an audit of —
(i) the amount of waste received at the licensed landfill within the specified period; and
(ii) the amount of levy payable in respect of that waste,
to be carried out by a person from the specified class of persons; and
(b) a report to be prepared on the audit by the person who carried out the audit.
(2) The licensee is to provide the copy of the report of the audit, certified as correct by the person who carried out the audit, to the Chief Executive Officer within the specified period.
(3) In this regulation —
specified means specified in the notice.
[Regulation 31 inserted: Gazette 26 Jun 1998 p. 3374; amended: Gazette 11 Dec 1998 p. 6601.]
32. CEO’s decisions, review of and appeal against
(1) If the Chief Executive Officer —
(a) refuses to grant an exemption, or imposes conditions or limitations upon the grant of an exemption, under regulation 23; or
(b) requires the provision of a financial assurance under regulation 24; or
(c) gives a direction under regulation 31,
the applicant may, within 14 days of notice of the decision, apply to the Chief Executive Officer for a review of the decision.
(2) When a request is made under subregulation (1), the Chief Executive Officer is to review the decision and make a fresh decision.
(3) If the applicant is dissatisfied with a decision under subregulation (2), the applicant may, within 14 days of notice of the decision, institute an appeal against the decision to the Minister.
(4) An appeal is instituted by giving notice in writing of the appeal, setting out the grounds and facts on which the appellant is relies.
(5) The Minister may affirm or vary the decision, or set aside the decision and substitute another decision, as the Minister thinks fit and the decision of the Minister is final.
(6) The making of an application for review or the institution of an appeal in respect of a decision under regulation 23 or 24 does not operate to stay the decision.
[Regulation 32 inserted: Gazette 26 Jun 1998 p. 3374.]
33. Payment of levies is condition of licence
It is a condition of a licence in respect of a licensed landfill that the licensee is to pay the following —
(a) any levy imposed under the Environmental Protection (Landfill) Levy Act 1998 in respect of waste to which this Part applies that is received at those premises;
(b) any levy imposed under the Waste Avoidance and Resource Recovery Levy Act 2007 in respect of waste to which the Waste Avoidance and Resource Recovery Regulations 2008 Part 3 applies that is received at those premises.
[Regulation 33 inserted: Gazette 20 Jun 2008 p. 2683-4.]
Part 9A — Prescribed classes of relevant schemes
[Heading inserted: SL 2024/4 r. 4.]
33A. Terms used
approved redevelopment scheme has the meaning given in the Metropolitan Redevelopment Authority Act 2011 section 3.
[Regulation 33A inserted: SL 2024/4 r. 4.]
33B. Prescribed classes of amendments to region planning schemes (Act s. 48AAA(2))
Bush Forever area means land identified as a Bush Forever area in accordance with the Metropolitan Region Scheme;
Metropolitan Region Scheme has the meaning given in the Planning and Development Act 2005 section 4(1);
regional road means a road that is on land reserved under a region planning scheme for the purpose of —
(a) primary regional road; or
(b) other regional road.
(2) For the purposes of section 48AAA(2) of the Act, the following classes of amendments to a region planning scheme are prescribed —
(a) an amendment to correct an administrative or minor error;
(b) an amendment to correct an error if the error is in, or otherwise relates to, a map, plan or diagram included in the scheme;
(c) an amendment to classify an area of land as a reserve for the purpose of —
(i) parks and recreation; or
(ii) regional open space;
(ca) an amendment to add land to a Bush Forever area;
(d) an amendment to zone an area of land, or to classify an area of land as a reserve, if —
(i) the area of land has been subdivided and developed to the extent permitted by an approved redevelopment scheme; and
(ii) the approved redevelopment scheme for that area of land ceases to apply; and
(iii) the amendment is required to reflect a zone or reserve created in accordance with the approved redevelopment scheme;
(e) an amendment to create, alter or remove the road reserve of a regional road if —
(i) a clearing permit has been granted under Part V Division 2 of the Act for an area of land that will be, or that will form part of, the road reserve of the regional road; or
(ii) in relation to the proposed construction of a regional road, the area of land proposed for the construction of the regional road and the impact of construction on the road reserve has been assessed under Part IV of the Act and a decision has been made that the proposal may be implemented;
(f) an amendment to alter or repeal a definition in the planning scheme if the Western Australian Planning Commission considers that amendment would not materially impact the operation of the planning scheme;
(g) an amendment to correct or update a name, title, designation or other description if the Western Australian Planning Commission considers that the amendment would not materially impact the operation of the planning scheme.
[Regulation 33B inserted: SL 2024/4 r. 4; amended: SL 2024/288 r. 4.]
33C. Prescribed classes of amendments to local planning schemes (Act s. 48AAA(2))
building envelope has the meaning given in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 1 clause 37(1);
cultural place means a place as defined in the Heritage Act 2018 section 7 that has cultural heritage significance as defined in section 5 of that Act;
design requirement —
(a) means a development requirement that relates to the design of a development; and
(b) includes a development requirement relating to setbacks, building height, vehicle parking, signage or plot ratio;
development has the meaning given in the Planning and Development Act 2005 section 4(1);
development requirement has the same meaning as in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 1;
land use category means a category of land use referred to in a local planning scheme;
native vegetation has the meaning given in section 51A of the Act;
R‑Codes has the meaning given in the Planning and Development (Local Planning Scheme) Regulations 2015 Schedule 2 clause 1.
(2) For the purposes of section 48AAA(2) of the Act, the following classes of amendments to a local planning scheme are prescribed —
(a) an amendment referred to in paragraph(a)(i) to (iv), (vi) or (viii) of the definition of basic amendment in the Planning and Development (Local Planning Schemes) Regulations 2015 regulation 34;
(b) an amendment to correct an error if —
(i) the error is in, or otherwise relates to, a map, plan or diagram included in the scheme; and
(ii) the correction does not alter the zoning or classification of land;
(c) an amendment to classify an area of land as a reserve for the purpose of —
(i) public open space; or
(ii) environmental conservation; or
(iii) State forest;
(d) an amendment to include or alter a definition of a land use category if the Western Australian Planning Commission considers that the amendment would not materially impact the operation of the planning scheme;
(e) an amendment to zone an area of land, or to classify an area of land as a reserve, for the purpose of conserving a cultural place;
(f) an amendment to alter or repeal a design requirement that relates only to signage and facade treatments on land that is not —
(i) zoned environmental conservation; or
(ii) classified as a reserve for environmental conservation; or
(iii) designated as special control area ‑ environment;
(g) an amendment to zone land (except land zoned environmental conservation) if the zoning allows the land to be used for a purpose that —
(i) involves carrying out development within the existing building envelope; and
(ii) is not a light industry, general industry, industrial development or strategic industry purpose;
(h) an amendment to increase the residential density code and decrease the minimum site area per dwelling as set out in the R‑Codes Table 1 for an area of land from R12.5 or higher if the area of land —
(i) is already developed in accordance with the existing R‑Codes; and
(ii) does not abut land that is an area of native vegetation;
(i) an amendment to include a new provision or alter an existing provision regarding the administration and enforcement of the planning scheme;
(j) an amendment to zone an area of land, or to classify an area of land as a reserve, if —
(i) the area of land has been subdivided and developed to the extent permitted by an approved redevelopment scheme; and
(ii) the approved redevelopment scheme for that area of land ceases to apply; and
(iii) the amendment is required to reflect a zone or reserve created under the approved redevelopment scheme;
(k) an amendment to identify or alter an area of land within the scheme area as a development contribution area because of a determination made under the Planning and Development (Local Planning Schemes) Regulations 2015 regulation 70(1);
(l) an amendment to alter any matter required to be set out in a development contribution plan under the Planning and Development (Local Planning Schemes) Regulations 2015 regulation 71(4);
(m) an amendment to the text of Part 1 of the planning scheme if the amendment does not permit a change in land use.
[(n) deleted]
[Regulation 33C inserted: SL 2024/4 r. 4; amended: SL 2024/288 r. 5; SL 2025/6 r. 4.]
Part 10 — Things seized or forfeited
[Heading inserted: Gazette 11 Dec 1998 p. 6601.]
34. Ways prescribed of dealing with seized things (Act s. 92B(1))
(1) For the purposes of section 92B(1) of the Act, the following ways are prescribed as a way of dealing with any thing seized under section 92A of the Act —
(a) sale at public auction, by tender or by private contract, as specified by the Chief Executive Officer; or
(b) destruction or treatment at a site licensed under Part V of the Act, as specified by the Chief Executive Officer; or
(c) preservation, as specified by the Chief Executive Officer; or
(d) disposal at a site licensed under Part V of the Act, as specified by the Chief Executive Officer; or
(e) storage at a site, as specified by the Chief Executive Officer.
(2) The Chief Executive Officer is to specify which method referred to in regulation (1) is to apply in respect of a particular thing seized.
[Regulation 34 inserted: Gazette 11 Dec 1998 p. 6601‑2.]
35. Manner of giving notice prescribed (Act s. 92D)
If —
(a) a thing has been seized under the Act; and
(b) a person to whom the thing can be returned under section 92C of the Act cannot be found,
the Chief Executive Officer is to give notice that the thing is being held by the Department and may be claimed by its owner by publishing a notice once in a newspaper circulating throughout the State —
(c) setting out a description of the thing seized; and
(d) stating the place where the thing was seized; and
(e) stating the place where the thing may be claimed; and
(f) setting out the manner in which ownership of the thing may be proved; and
(g) to the effect that if, after the expiration of 3 months from the day on which the notice has been given in the newspaper, the thing has not been claimed by its owner, the thing is forfeited to the Crown.
[Regulation 35 inserted: Gazette 11 Dec 1998 p. 6602.]
36. Ways prescribed of disposing of thing forfeited to Crown (Act s. 99W(1))
(1) For the purposes of section 99W(1) of the Act, the following ways are prescribed for disposing of any thing forfeited to the Crown under the Act —
(a) transfer to the Department for its use or transfer, with or without charge, to another public authority or to a department of the Commonwealth; or
(b) sale at public auction, by tender or by private contract; or
(c) treatment at a site licensed under Part V of the Act, as specified by the Chief Executive Officer; or
(d) destruction or disposal at a site licensed under Part V of the Act, as specified by the Chief Executive Officer.
(2) The Chief Executive Officer is to specify which method referred to in subregulation (1) is to apply in respect of a particular thing forfeited to the Crown.
[Regulation 36 inserted: Gazette 11 Dec 1998 p. 6602‑3.]
Part 11 — Modified penalties and Tier 2 offences
[Heading inserted: Gazette 11 Dec 1998 p. 6603.]
37. Form of modified penalty notice prescribed (Act s. 99B(1))
Form 1 in Schedule 7 is prescribed, under section 99B(1) of the Act, as the form of modified penalty notice.
[Regulation 37 inserted: Gazette 11 Dec 1998 p. 6603.]
38. Form of notice of withdrawal prescribed (Act s. 99D(1))
Form 2 in Schedule 7 is prescribed, under section 99D(1) of the Act, as the form of withdrawal of modified penalty notice.
[Regulation 38 inserted: Gazette 11 Dec 1998 p. 6603.]
39. Particulars prescribed (Act s. 99E(3))
For the purposes of section 99E(3) of the Act, the following particulars are prescribed —
(a) the name of the person who paid the modified penalty;
(b) the section of the Act contravened in respect of which the modified penalty was paid;
(c) a description of the offence;
(d) the penalty paid;
(e) the place where the register of certificates issued under section 99A of the Act and modified penalty notices may be inspected.
[Regulation 39 inserted: Gazette 11 Dec 1998 p. 6603.]
40. Where and when public may inspect register (Act s. 99F(2))
The register that the Chief Executive Officer is required to maintain under section 99F(1) of the Act is to be available for public inspection during normal office hours at Level 4, The Atrium, 168 St Georges Terrace, Perth, Western Australia, 6000.
[Regulation 40 inserted: Gazette 11 Dec 1998 p. 6603; amended: Gazette 29 Sep 2006 p. 4261; 28 Jun 2016 p. 2631.]
Part 12 — Infringement notices and offences
[Heading inserted: Gazette 11 Dec 1998 p. 6603.]
41. Infringement notice offences and modified penalties prescribed (Act s. 99H and 99K)
(1) The offences described in the first column of Schedule 6 are prescribed for the purpose of the definition of infringement notice offence in section 99H of the Act and —
(a) the amount appearing in the second column of that Schedule, directly opposite an offence, is the modified penalty prescribed in respect of that offence if the alleged offender has not previously been convicted of an offence of that kind and has not previously paid a modified penalty under Division 2 of Part VIA of the Act in respect of an alleged offence of that kind; and
(b) the amount appearing in the third column of that Schedule, directly opposite an offence, is the modified penalty prescribed in respect of that offence if the alleged offender has previously been convicted of an offence of that kind, or has previously paid a modified penalty under Division 2 of Part VIA of the Act in respect of an alleged offence of that kind.
(2) For the purposes of subregulation (1), a prior conviction or payment of a modified penalty in respect of an alleged offence against the regulations is not to be taken into account for the purposes of determining whether the alleged offender has previously been convicted of an offence or has previously paid a modified penalty notice unless —
(a) the prior conviction was recorded within the period of 5 years immediately prior to the giving of an infringement notice in respect of the present alleged offence; or
(b) the modified penalty was paid in respect of the prior alleged offence within the period of 5 years immediately prior to the giving of an infringement notice in respect of the present alleged offence.
[Regulation 41 inserted: Gazette 11 Dec 1998 p. 6603‑4.]
42. Form of infringement notice prescribed (Act s. 99K(1))
Form 3 in Schedule 7 is prescribed, under section 99K(1) of the Act, as the form of infringement notice.
[Regulation 42 inserted: Gazette 11 Dec 1998 p. 6604.]
43. Form of notice of withdrawal prescribed (Act s. 99N(1))
Form 4 in Schedule 7 is prescribed, under section 99N(1) of the Act, as the form of withdrawal of infringement notice.
[Regulation 43 inserted: Gazette 11 Dec 1998 p. 6604.]
Part 13 — Miscellaneous
[Heading inserted: Gazette 11 Dec 1998 p. 6604.]
44. Maximum amount prescribed (Act s. 99Y(1))
(1) For the purposes of section 99Y(1)(a) of the Act —
(a) $2 million is prescribed as the maximum amount that the offender may be ordered to pay to the Chief Executive Officer for reasonable costs and expenses incurred; and
(b) $2 million is prescribed as the maximum amount that the offender may be ordered to pay to a public authority for reasonable costs and expenses incurred.
(2) For the purposes of section 99Y(1)(b) of the Act —
(a) $100 000 is prescribed as the maximum amount that the offender may be ordered to pay a person (other than the Chief Executive Officer or a public authority) for reasonably incurred costs and expenses; and
(b) $500 000 is prescribed as the maximum amount that an offender may be ordered to pay to the Chief Executive Officer or a public authority as compensation for loss or damage suffered to property; and
(c) $50 000 is prescribed as the maximum amount that an offender may be ordered to pay to a person (other than the Chief Executive Officer or a public authority) as compensation for loss or damage suffered to property.
[Regulation 44 inserted: Gazette 11 Dec 1998 p. 6604‑5.]
45. Image data sources (Act s. 116B(1))
For the purposes of paragraph (b) of the definition of image data source in section 116B(1) of the Act, each of the following is declared —
(a) a database maintained by Aerometrex Ltd (ACN 153 103 925);
(b) a database maintained by LatConnect 60 Limited (ACN 635 426 149);
(c) a database maintained by Nearmap Australia Pty Ltd (ACN 120 677 250);
(d) a database maintained by the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5;
(e) a database maintained by Airbus SE (EUID: NLNHR.24288945);
(f) a database maintained by the European Space Agency established under Article I of the Convention for the establishment of a European Space Agency concluded at Paris on 30 May 1975;
(g) a database maintained by Maxar Technologies Inc. (CIK 0001121142);
(h) a database maintained by Planet Labs PBC (CIK 0001836833);
(i) a database maintained by Scorpius Labs d.o.o. (Slovenian Business Register identification number 9375287000);
(j) a database maintained by Sentinel Hub GmbH (FN 476519p);
(k) a database maintained by Centre National d’Etudes Spatiales (SIREN 775665912);
(l) a database maintained by UP42 GmbH (HRB 204574);
(m) a database maintained by the United States Geological Survey established under 43 USC section 31 (2018).
[Regulation 45 inserted: SL 2023/142 r. 4]