15Approval of operational purpose

#### 15 Approval of operational purpose 15 Approval of operational purpose (cf clause 11 of 2005 Reg) > > (1) An occupier of a scheduled waste facility may apply to the EPA for approval to use at the facility any kind of waste referred to in the second column of the following table for any purpose (an operational purpose) specified opposite in the third column. > > > > | Item | Kind of waste | Purpose | > > | 1 | New asphalt, or new concrete, obtained at a batching plant. | Roads or other construction works. | > > | 2 | Materials that meet the specifications in the Waste Levy Guidelines. | Roads of a kind specified in the Waste Levy Guidelines or other construction works of a kind specified in the Waste Levy Guidelines. | > > | 3 | Any one or more of the following—(a) geonets,(b) geotextiles,(c) drainage layer media placed over landfill base and side liners,(d) piping. | Leachate collection systems that are associated with leachate management and are in accordance with the conditions of an environment protection licence. | > > | 4 | Any one or more of the following—(a) geomembranes,(b) geotextiles,(c) clay liners,(d) piping,(e) compacted sub-bases,(f) geosynthetic clay liners. | Landfill lining systems (including landfill base and side liners) that are in accordance with the conditions of an environment protection licence. | > > | 5 | Any one or more of the following—(a) geomembranes,(b) geotextiles,(c) piping,(d) virgin excavated natural material,(e) soil binders,(f) silt fences,(g) garden waste or compost. | Stormwater management systems that are in accordance with the conditions of an environment protection licence. | > > | 6 | Any one or more of the following—(a) drainage gravels,(b) piping,(c) geotextiles,(d) geonet drainage geocomposites. | Any one or more of the following that are in accordance with the conditions of an environment protection licence—(a) landfill gas collection systems that are associated with landfill gas management,(b) groundwater management systems,(c) drainage. | > > | 7 | Any one or more of the following—(a) plastic sheeting,(b) tarpaulins,(c) spray-on foam. | Daily cover for waste at landfill sites, in accordance with the conditions of an environment protection licence. | > > | 8 | Virgin excavated natural material, or potential acid sulfate soils, not mixed with any other kind of waste. | Placement of the material, ores or soils (in accordance with the conditions of an environment protection licence) to rehabilitate a sand mine. | > > | 9 | Waste of any kind. | Final capping works, in accordance with the conditions of an environment protection licence, at landfill sites. | > > | 10 | Waste of any kind. | Bedding layers to protect landfill lining systems if the layers are of a kind specified in the Waste Levy Guidelines. | > > | 11 | Biofilter media and aggregate layers. | Biofilters for pollution or odour control (including underlying aggregate layers) that are in accordance with the conditions of an environment protection licence. | > > > (2) The occupier may apply to the EPA for approval under this clause— > > > > > (a) before the waste has been used for the operational purpose, or > > > > > (b) after the waste has been used for the operational purpose. > > > (3) The application must include the following— > > > > > (a) in the case of an application made before the waste has been used for an operational purpose—a plan for the use of the waste for the operational purpose, > > > > > (b) in the case of an application made after the waste has been used for an operational purpose—a report on the use of the waste for the operational purpose, > > > > > (c) any other information that the EPA requires for the purposes of determining whether or not to approve the application. > > > (4) The EPA may, on an application under this clause, approve the use of waste for an operational purpose at the facility whether or not the waste has already been used for the operational purpose. > > > (5) If the EPA approves an operational purpose under this clause, the EPA must issue a certificate to the occupier of the scheduled waste facility to the effect that the use of waste for the operational purpose has been approved. > > > (6) The certificate must specify— > > > > > (a) the scheduled waste facility to which the certificate applies, and > > > > > (b) the operational purpose for which the waste is to be or has been used, and > > > > > (c) the amount of waste approved for the operational purpose, and > > > > > (d) in the case of an application made before the waste has been used for the operational purpose—the period in which the waste is to be used for that purpose, and > > > > > (e) any conditions relating to the use of waste for the operational purpose. > > > (7) The EPA may grant an exemption under clause 91 to the occupier of a scheduled waste facility from the requirement under section 48 of the Act to hold a licence for the scheduled activity of waste disposal in respect of waste used at the facility for an operational purpose approved by the EPA. > > **cl 15:** Am 2017 (118), Sch 3 \[4\]; 2018 (643), Sch 2 \[10\] \[11\]; 2023 (107), Sch 1\[3\]–\[8\].