Waste Avoidance and Resource Recovery (e-waste) Regulations 2024

The regulations operate through a tight set of definitional and operational concepts. Understanding these is essential because they determine who is caught, what materials are regulated, what activities are permitted, the timing, and which administrative pathways (reports, exemptions, defences) are available.

Regulated e‑waste (Schedule 1). Schedule 1 is the threshold concept that triggers the whole regime. It lists categories and types of waste that constitute regulated e‑waste: screens, IT and telecommunications equipment (televisions, monitors, computers, printers, networking equipment and related devices); computer peripherals and power cables; telecommunications equipment (including mobile phones and batteries); lighting and lamps (compact fluorescent, straight tube fluorescent, LEDs, household luminaires, portable lights and certain “special lamps”); large household/office appliances (dishwashers, ovens, washing machines, vending machines); “all batteries”; temperature exchange equipment (fridges, freezers, air conditioners, dehumidifiers); and medical devices exceeding a certain size threshold (r 3; Schedule 1). The list includes both whole appliances and discrete components and consumables such as batteries and lamps.

Aggregated waste (r 4). “Aggregated waste” covers waste combined into a process intended to provide for resource recovery by bringing together the same or similar materials collected or obtained at any time. The concept matters because the regulations create a narrow defence for sending regulated e‑waste to landfill if it was sent in the reasonable expectation that it would be aggregated for recovery (r 8(3)-(4)).

Significant entity (r 3). A “significant entity” is a business entity or public entity that, in relation to any financial year, either has 200 or more employees at the beginning of the year or produced 5 or more tonnes of regulated e‑waste in the immediately preceding financial year. For business entities, related entities are aggregated for both employee counts and e‑waste tonnages by reference to related bodies corporate in the Corporations Act 2001 s 9 (r 5). This establishes aggregation at a corporate group level for threshold purposes.

E‑waste service provider, landfill operator, public entity (r 3). An e‑waste service provider is any person conducting a business or undertaking that includes collection, receipt, storage, aggregation, treatment, processing, sorting, recycling, transfer or disposal of regulated e‑waste. A landfill operator occupies premises constituted as a landfill site by Environmental Protection Regulations 1987 Schedule 1 categories 63, 64, 65, 66 or 89. A public entity is defined by reference to the Public Sector Management Act 1994 s 3(1) and includes local governments and regional local governments.

Residual waste and processed materials (r 3). “Processed materials” are the result of e‑waste transformed through separation and recycling in accordance with the waste strategy for resource recovery. “Residual waste” is what remains after regulated e‑waste is separated and recycled in accordance with the waste strategy to create processed materials or materials suitable for energy recovery. Residual waste is explicitly outside the operation of the regulations in certain respects (see r 6(c) exception).

Storage and time limits. Both e‑waste service providers and significant entities are subject to a 12‑month maximum storage period for regulated e‑waste from the month it is received or results from their activities (rr 9(2), 12(2)). The purpose of the limit is operational: limiting stockpiling and encouraging movement of materials into processing.

Separation, treatment and non‑degradation duties. Several provisions forbid actions during collection, storage or transportation that would reduce the ability of regulated e‑waste to be treated, processed or recycled (rr 9(3), 12(3)). There are also explicit duties to separate regulated e‑waste where it is mixed with other waste (r 10 for service providers; r 14 for landfill operators) and, for those that perform recycling, to maximise recovery and minimise residual waste (r 9(4)).

Records and returns. E‑waste service providers who are licensed under the EP Act must record specified information for each financial year and lodge a return with the CEO by 1 October each year using a form approved by the CEO (r 11). Significant entities must record specified information for the preceding financial year and the record must be made not later than 31 July each year (r 13). Records must be retained for at least five years and furnished to the CEO on request within a CEO‑specified period not less than 28 days (r 15).

Standards and “reasonable steps.” The regulations make Australian Standard AS 5377:2022 relevant in assessing whether an entity took “reasonable steps” in several defences (rr 9(6), 12(7)). “Reasonable steps” is a legal standard used repeatedly as a defence to offences under the regulations. The standard is thereby elevated, by reference, into the legal test for compliance.

CEO discretion and review. The CEO has delegated administrative power to approve exemptions (r 16), set forms and conditions, specify information required, and set periods for exemption duration and extensions. If the CEO refuses an exemption application, the applicant may apply to the State Administrative Tribunal for review (r 17).

Other laws and precedence. Regulation 7 provides that if there is inconsistency between these regulations and another written law relating to hazardous waste management or disposal, the other written law prevails to the extent of the inconsistency. The regulations thus recognise and disapply only to the extent necessary where higher precedence laws regulate hazardous waste.

Together these concepts structure the compliance, enforcement and administrative contours of the e‑waste regime. The remainder of this deep dive sets out who will be affected by those contours, the concrete duties and rights created, enforcement levers, cross‑legal interactions, amendment and litigation pathways visible in the instrument, operational pitfalls, and practical compliance steps.

The regulations allocate duties and obligations across identifiable private and public actors. The effect is distributional: some actors gain new statutory duties (and record/reporting costs); others gain obligations to accept or separate material; the executive (the CEO) receives administrative oversight and discretion; and landfill operators acquire obligations and limited defences.

E‑waste service providers (r 3; Part 3 Div 1). Any person running a business or undertaking that collects or receives regulated e‑waste for storage, aggregation, treatment, processing, recycling, sorting, transfer or disposal is an e‑waste service provider. These providers face the most detailed obligations: limits on storage duration (r 9(2)); duties not to degrade the recyclability of material during handling (r 9(3)); duties to maximise recovery if they undertake separation or recycling (r 9(4)); separation duties when regulated e‑waste is mixed with other waste they receive (r 10); record‑keeping and annual returns to the CEO if they require an EP Act licence (r 11); and retention and production of records on CEO request (r 15).

Significant entities (r 3; Part 3 Div 2). “Significant entities” include business and public entities meeting the employee or tonnage thresholds: 200+ employees at the beginning of a financial year, or creating 5+ tonnes of regulated e‑waste in the previous financial year. For business entities, related entities are aggregated for both employee and tonnage measures by reference to Corporations Act related bodies corporate (r 5). Significant entities must separate their regulated e‑waste from other waste (r 12(1)), may not store it for more than 12 months (r 12(2)), must not take actions that reduce recyclability (r 12(3)), and must transfer regulated e‑waste to an e‑waste service provider (r 12(4)). They must also keep specified records and identify to whom they transferred material (r 13).

Landfill operators (r 3; Part 3 Div 3). Landfill operators occupying premises that fall within specified categories under Environmental Protection Regulations 1987 Schedule 1 must not dispose of regulated e‑waste that they accepted at the landfill to landfill (r 8(5)) and must separate regulated e‑waste received mixed with other waste (r 14). Defences exist if the operator obtained a written declaration from the person leaving the waste or could not reasonably have known that the waste contained regulated e‑waste (r 8(6)). The regulations thus place obligations on landfill operators both to reject disposal of regulated e‑waste and to separate when mixed loads are received.

Public entities (r 3). Public entities are treated separately in some defences. A public entity that sent regulated e‑waste to landfill will not be in breach of r 8(2) if it did so in the reasonable expectation that the waste would be aggregated for recovery (r 8(4)). Also, a public entity will not be in breach of certain storage/transport or transfer duties if it takes reasonable steps to avoid the breach, with AS 5377:2022 relevant to what counts as reasonable steps (r 12(6), 12(7)). Local governments and regional local governments are explicitly captured as public entities.

Businesses below the significant threshold and private households. The regulations do not directly impose the r 12 duties on smallest businesses or on households that are not “public entities” or “business entities” meeting the significant criteria. However, e‑waste service providers and landfill operators still have duties that affect where household waste can be disposed and how mixed loads are treated (ie, separation duties, r 10 and r 14, and landfill prohibition, r 8).

Producers and suppliers of regulated items. Although the regulations do not place direct producer responsibility (eg product stewardship fees) on manufacturers or sellers, the regulated‑item list (Schedule 1) signals that suppliers of devices such as televisions, batteries, lamps and mobile phones are supplying items that will be subject to mandatory collection and recycling requirements once they become waste. Those suppliers may be affected indirectly because their customers (significant entities, service providers) will require compliant handling and possibly return flows of goods.

The CEO and State Administrative Tribunal. The CEO administers returns, approves forms, grants time‑limited exemptions subject to conditions (r 16), and specifies information. The CEO’s refusal of an exemption decision can be reviewed by the State Administrative Tribunal (r 17), making the SAT a potential arbiter of contested exemptions.

Other regulators and laws. The regulations explicitly acknowledge precedence of other written laws that address hazardous waste (r 7). Entities who hold or require EP Act licences are required to lodge returns (r 11(1)); landfill sites are identified by cross‑reference to Environmental Protection Regulations 1987 Schedule 1 categories.

Who pays. The statutory structure creates primary cost bearers: e‑waste service providers will bear the operational costs of separation, storage, processing, record‑keeping, and reporting; significant entities will bear the costs of segregating, storing for limited time and transferring to service providers; landfill operators will bear the compliance burden of separation and the operational cost of not disposing regulated e‑waste to landfill. If commercial markets are underdeveloped, those actors may incur additional costs from paying for processing or transport. The CEO (government) will bear administrative costs associated with processing returns, administering exemptions and enforcement.

In sum, the regulations distribute duties across the waste chain: generators above the significant threshold and public entities must segregate and transfer; e‑waste service providers must process, record and report; landfill operators must separate and refuse disposal of regulated e‑waste; and the CEO has central administrative authority to approve forms and exemptions and to request records.

This section summarises the principal statutory duties imposed on the regulated parties and the rights and defences built into the instrument. Where the regulation expressly provides a defence, it is treated here as a right to avoid liability if particular evidentiary thresholds are met.

Prohibitions and general duties

• Prohibition on landfill disposal: An e‑waste service provider and a significant entity must not send regulated e‑waste to, or leave it at, a landfill site (r 8(1)-(2)). A landfill operator must not dispose of regulated e‑waste it has accepted at a landfill site to landfill (r 8(5)). Each of these prohibitions carries a $10,000 penalty.
• Separation obligations: E‑waste service providers who collect mixed waste must separate regulated e‑waste from other waste (r 10(2)). Landfill operators who receive mixed loads must separate regulated e‑waste (r 14(2)). Significant entities must keep regulated e‑waste separate from other waste generated by their activities (r 12(1)).
• Storage time limits: Both e‑waste service providers and significant entities must not store regulated e‑waste for more than 12 months from the month it is received or results from their activities respectively (r 9(2), r 12(2)).
• Non‑degradation duties: During collection, storage or transport, e‑waste service providers and significant entities must not do anything that would reduce the material’s ability to be treated, processed or recycled (r 9(3), r 12(3)). E‑waste service providers who undertake separation or recycling must maximise recovery of processed materials and minimise residual waste (r 9(4)).
• Transfer requirement: A significant entity must transfer regulated e‑waste resulting from its activities to an e‑waste service provider (r 12(4)).

Record‑keeping, reporting and retention

• E‑waste service provider reporting: An e‑waste service provider that is required to hold a licence under the EP Act must record specified details for each financial year (categories of e‑waste, total weight collected, types and weights of separation and recycling, processed materials and residuals produced, and, for each person to whom it transferred regulated e‑waste, the name, address and weight) and lodge a return with the CEO by 1 October (r 11(2)-(4)).
• Significant entity records: A significant entity must, not later than 31 July each year, record for the preceding financial year the e‑waste description, total weight and the name and address of each e‑waste service provider that received transfers (r 13).
• Retention and production: Records must be retained for at least five years and provided to the CEO on request within a time specified by the CEO that cannot be less than 28 days (r 15).

Defences and rights

• Aggregation defence: It is a defence for an e‑waste service provider or a business significant entity to prove that the waste was sent to landfill in the reasonable expectation it would be aggregated for recovery (r 8(3)). Public entities have the same protection under r 8(4).
• Landfill operator defence: A landfill operator has a defence to charges of disposing of accepted regulated e‑waste to landfill if it obtained a written declaration from the person who left the waste stating they had no reason to believe it contained regulated e‑waste, or if the operator did not know and could not reasonably have known the waste contained regulated e‑waste (r 8(6)).
• Reasonable steps defence: For offences relating to storage periods, non‑degradation and separation, several provisions allow a defence where the defendant proves they took reasonable steps to avoid the offence (rr 9(5), 10(3), 12(5)-(6), 14(3)). The regulations specify that in determining what constitutes reasonable steps, Australian Standard AS 5377:2022 is relevant (rr 9(6), 12(7)).
• Exemptions: Applicants (e‑waste service providers, landfill operators, significant entities) may apply to the CEO for exemptions on grounds that events beyond their control rendered the e‑waste unsuitable for processing or that remoteness makes compliance unreasonable (r 16(1)-(2)). Exemptions are granted with any conditions and for periods determined by the CEO and are reviewable in the State Administrative Tribunal (r 16(4)-(6); r 17).
• Other laws prevail: If there is inconsistency between these regulations and another written law relating to hazardous waste management or disposal, the other written law prevails to the extent of the inconsistency (r 7). This provides legal priority to specific hazardous waste regimes.

Administrative powers and obligations

• CEO forms and specification: Returns to the CEO must be in a form approved by the CEO (r 11(4) and r 16(3)(a)). The CEO may specify additional information to accompany exemption applications and the CEO specifies the period for record production (r 16(3)(c); r 15(2)-(3)).
• Exemption conditions, durations and extensions: The CEO may impose conditions on exemptions and set their durations and later extend them (r 16(5)-(6)). The CEO must notify applicants of approval or refusal and reasons for refusal (r 16(7)-(8)).

Operational rights and obligations that affect commercial contracting

• Significance of provider licensing: The record and return duty (r 11) is triggered for e‑waste service providers required to hold a licence under the EP Act s 3(1) in respect of premises used for storing, treating or processing regulated e‑waste, whether or not the licence is in force. This ties certain reporting obligations to the EP Act licensing regime.
• Information to be shared: Significant entities must capture and record the name and address of each e‑waste service provider they transfer to (r 13(c)), creating a traceability requirement that will need to be reflected in commercial contracts and supply chain documentation.

Penalties

• Uniform monetary sanction: Most breaches carry the same stated penalty , a fine of $10,000 , including the core landfill ban, storage and separation breaches, reporting breaches and record retention failures (see multiple provisions summarized above). Penalty amounts are the primary enforcement lever specified on the face of the instrument.

Rights of review and legal routes

• Review to SAT: Applicants refused an exemption may apply to the State Administrative Tribunal for review of the CEO’s decision (r 17). No other specific appeal routes are prescribed for other CEO decisions in the text of the regulations.

Collectively, the duties impose operational controls over the flow of regulated e‑waste: generate records, segregate at source, do not degrade recyclability, keep storage short, transfer to recognised e‑waste service providers, and retain documentation for five years. Rights are limited to narrowly specified defences, a CEO exemption path and the option of administrative review for refused exemptions.

The regulations specify monetary penalties as the primary enforcement mechanism and allocate enforcement levers between administrative action by the CEO and judicial action for offences. The instrument does not provide a detailed enforcement regime (eg notices, infringement notices, graduated penalties) on its face beyond the stated fines and CEO powers to request records and grant exemptions.

Penalty structure

• Flat maximum fines: The text repeatedly attaches the same penalty , “a fine of $10 000” , to the core prohibitions and operational offences, including:
  • Prohibitions on sending or leaving regulated e‑waste at landfill by e‑waste service providers and significant entities (r 8(1)-(2));
  • An e‑waste service provider’s duty on storage, non‑degradation, time limits, separation and reporting (rr 9(1)-(4), 10(2), 11(3));
  • A significant entity’s separation, storage, non‑degradation and transfer obligations and reporting (rr 12(1)-(4), 13);
  • Landfill operator separation duties (r 14(2)); and
  • Record retention and provision failures (r 15(1)-(2)).
• The instrument does not itself tier penalties by seriousness, nor does it specify pecuniary penalties that are scaled by corporate size, turnover, or per‑day contraventions. The uniform monetary figure is the proximate enforcement amount stated on the face of the regulations.

Defences affecting enforcement outcomes

• Burdens of proof and defences: Several provisions create statutory defences that can be relied upon in prosecutions. These include:
  • Reasonable expectation of aggregation for recovery: applies to e‑waste service providers and business significant entities, and to public entities in r 8(4) (r 8(3)-(4)).
  • Reasonable steps: a defence available for storage period breaches, non‑degradation and separation failures, and specifically acknowledges the relevance of AS 5377:2022 in assessing reasonableness (rr 9(5)-(6), 10(3), 12(5)-(7), 14(3)).
  • Landfill operator written declaration or lack of reasonable knowledge: r 8(6)(a)-(b) provides a specific evidentiary pathway to avoid liability where a written declaration was obtained or the operator could not reasonably have known.
• These defences shift the enforcement task from strict liability to a standard involving the accused’s reasonable expectations or steps, which increases evidentiary complexity for prosecution and defence.

Administrative powers and compliance tools

• CEO requests for records: The CEO may request copies of records, and the regulated entity must supply them within the period specified by the CEO, not less than 28 days (r 15(2)-(3)). Failure to comply attracts a $10,000 fine.
• Reporting and form approval: The CEO approves the content and form of returns required of e‑waste service providers (r 11(4)) and may specify additional information for exemption applications (r 16(3)(c)). This centralises the administrative compliance interfaces.
• Exemptions: The CEO’s power to grant exemptions on specified grounds (r 16) functions as a compliance relief mechanism and may reduce immediate enforcement demands in otherwise impossible circumstances (eg remoteness or uncontrollable events). Conditions and durations for exemptions are within CEO discretion.

Enforcement routes and remedies not specified

• The regulations do not set out infringement notice schemes, administrative penalty schedules, graduated enforcement, or detailed inspector powers (eg entry, inspection, seizure) on their face. Enforcement is therefore likely to proceed through the standard offence prosecution mechanisms available under the enabling Act (the Waste Avoidance and Resource Recovery Act 2007) and general administrative or environmental enforcement instruments, but such routes are not detailed in the regulations themselves. Practitioners should consult the parent Act and enforcement instruments for procedural detail.
• The instrument also does not specify civil remedies, injunctions, or administrative sanctions beyond the CEO’s powers to request records and to grant exemptions.

Implications for enforcement practice

• Evidentiary work: The repeated use of “reasonable steps” and the reliance on AS 5377:2022 makes compliance documentation and demonstrable adherence to recognised standards central to defending enforcement actions. Entities will need contemporaneous records showing procedures adopted and actions taken.
• CEO workload and discretion: The CEO’s discretion over forms, exemptions and record requests concentrates administrative decision‑making in the executive. Enforcement outcomes may therefore be influenced by the CEO’s resource capacity and policy choices.
• Traceability and audit capability: The record and reporting obligations, including transfer details and weights, create an audit trail that enforcement authorities can use to detect non‑compliance. The obligation for significant entities to record the names and addresses of e‑waste service providers to whom they transferred waste (r 13) increases traceability across the supply chain.
• Defences linked to operator knowledge: The landfill operator defence is operationally simple (get a written declaration) but places the onus on the operator to follow processes for receiving waste. Operators who lack intake controls risk losing the defence.

Overall, the enforcement model is a combination of criminal sanctioning via uniform fines for specified contraventions, evidentiary defences tied to industry standards, and administrative oversight by the CEO via records, returns and exemptions. The regulations leave procedural enforcement detail largely to the parent Act and the administering agency’s operational protocols.

The regulations are expressly framed to operate within an existing statutory environment. They cross‑reference other pieces of Western Australian and Commonwealth legislation and acknowledge precedence where conflicts arise. Understanding those cross‑links is necessary to see how duties overlap and where other legal regimes will govern.

Hierarchy and conflict (r 7)

• If there is an inconsistency between these regulations and another written law that relates to the management or disposal of hazardous waste, the other written law prevails to the extent of the inconsistency (r 7). The regulation therefore concedes that where specialised hazardous waste regimes exist, those regimes will control.

Environmental Protection Act / licensing (r 11)

• Regulation 11 applies specifically to e‑waste service providers required to hold a licence as defined in the EP Act s 3(1) in respect of premises used for storing, treating or processing regulated e‑waste, whether or not the licence is in force (r 11(1)). This cross‑link ties reporting obligations to the licensing framework under the EP Act and suggests overlap in regulatory oversight between the agency administering the EP Act and the agency administering these regulations. Practically, licensed premises will have additional reporting burdens here.

Environmental Protection Regulations 1987 and landfill site definition (r 3)

• A “landfill site” for the purpose of the prohibition is defined by reference to the Environmental Protection Regulations 1987 Schedule 1 categories 63, 64, 65, 66 or 89 (r 3). This link means that obligations on landfill operators depend on whether their site is the type captured by those categories under the Environmental Protection Regulations 1987.

Corporations Act and related entities (r 5)

• For corporate groups, the regulations require aggregation of employee numbers and e‑waste tonnages by reference to related bodies corporate under the Corporations Act 2001 s 9 (r 5). This uses Commonwealth corporations law definitions to determine thresholds for “significant entity” status, so corporate structures recognised under the Corporations Act will determine who is captured.

Public Sector Management Act 1994 (r 3)

• The definition of “public entity” refers to the Public Sector Management Act 1994 s 3(1), so agencies and organisations defined there, plus local governments and regional local governments, are specifically included or excluded as public entities (r 3). This affects the availability of certain defences and obligations for public entities.

Australian Standard AS 5377:2022 (rr 9(6), 12(7))

• The regulations make the Australian Standard AS 5377:2022 relevant to the legal test of “reasonable steps” when defendants rely on that defence (rr 9(6), 12(7)). Incorporation by reference of this standard means that compliance with the standard will be persuasive evidence of taking reasonable steps.

State Administrative Tribunal review (r 17)

• CEO decisions refusing exemptions are reviewable by application to the State Administrative Tribunal (r 17). This makes the SAT an instrument for administrative review and potential judicial oversight of discretionary CEO decisions under r 16.

Residual interaction with hazardous waste laws

• Since r 7 explicitly prioritises other written laws on hazardous waste where inconsistent, operators dealing with materials that are both “regulated e‑waste” under these regulations and classified as hazardous under other legislative regimes will need to comply with the hazardous waste law to the extent it conflicts.

Unstated enforcement and procedural frameworks

• The regulations do not articulate procedures for inspection, infringement notices, or prosecution timelines. Enforcement practice will therefore depend on powers and procedures available under the Waste Avoidance and Resource Recovery Act 2007 (the enabling Act) and other general administrative or environmental statutes. Practitioners must check the parent Act and relevant agency enforcement policies to identify entry and inspection powers, infringement notice mechanisms, and the prosecutorial framework.

Commercial and contractual interactions

• The requirement that significant entities record the name and address of e‑waste service providers to whom they transferred waste (r 13) means commercial contracts and supply arrangements will be relevant documents in enforcement or audits. Similarly, landfill operator defences rely on written declarations from suppliers , a commercial intake form thus has legal evidentiary value (r 8(6)(a)).

In sum, these regulations operate as a sectoral overlay: they supplement the broader environmental licensing and landfill regulation landscape, adopt Commonwealth corporate definitions to capture groups, import an Australian Standard for evidentiary weight, and recognise the precedence of hazardous waste laws. Practitioners must therefore view compliance through both the regulations and the web of cross‑referenced instruments.

The regulations are newly made in 2024 and the instrument contains a brief compilation table summarising their publication and commencement. The primary amendment‑history data points provided in the text are the instrument’s creation and commencement dates; the regulations do not record any subsequent amendments or prior versions.

Key published and commencement dates

• The instrument is published as the Waste Avoidance and Resource Recovery (e‑waste) Regulations 2024, SL 2024/70, with a publication date of 1 May 2024 (Compilation table). Regulation 2 sets staged commencement:
  • Part 1 (other than regulations 3 to 7) commenced on the day the regulations were published on the WA legislation website (1 May 2024) , r 2(a);
  • The rest of the regulations commenced on 1 July 2024 , r 2(b).
• The compilation table in the instrument confirms these dates and notes the regulations as a 2024 Statutory Instrument (SL 2024/70).

No recorded amendments within the instrument

• The text provided is a compilation and contains no recorded subsequent amendment entries. There are no listed changes to the Schedule or the main text, and no marked notices of amendment dates beyond the initial publication and commencement notes.

Mechanisms and pathways for future amendment

• The instrument does not itself prescribe an amendment process. Future amendments would follow the usual regulatory procedures under the enabling Act and subordinate legislation processes in Western Australia, including publication on the WA legislation website and commencement notices. Practitioners should monitor legislative instruments for amendment instruments or replacement regulations.

Administrative changeability

• Several provisions vest considerable administrative discretion in the CEO (eg approval of forms, specification of information required for exemption applications, granting exemptions with conditions and durations, extension of exemption periods , r 16; approval of return forms , r 11(4); CEO requests for records , r 15(2)). While not formal amendments, these administrative instruments (forms, notices, conditions) can materially change the compliance obligations in practice without formal amendment to the regulation text. Entities should therefore track both any formal legislative amendments and the CEO’s administrative instruments and published forms.

Standards updates

• The regulations make compliance with the Australian Standard AS 5377:2022 relevant to the “reasonable steps” defence (rr 9(6), 12(7)). If Standards Australia updates AS 5377, the text as framed ties the “reasonable steps” test to the version “as in force on the day on which these regulations are made” (r 9(6) says “as in force on the day on which these regulations are made”). The text does not explicitly provide for automatic incorporation of later updates; instead it makes the existing standard relevant. This creates interpretive questions about whether future versions will be treated as relevant for assessing reasonableness; practitioners should check any administrative guidance or case law that may develop on this point.

Documentary record

• The regulations themselves form a compilation marked © State of Western Australia 2024 and licensed under a Creative Commons Attribution 4.0 International Licence. The compilation table is the statutory record provided in the instrument.

In summary, at the time of these regulations’ publication, there are no amendments recorded beyond the instrument’s own commencement scheduling. The instrument’s practical evolution is likely to occur through CEO administrative actions, forms and exemptions, and any future legislative instrument amending the 2024 regulations. Practitioners should monitor government publications for both formal amendment instruments and administrative instruments that affect compliance.

The text of the Waste Avoidance and Resource Recovery (e‑waste) Regulations 2024 does not contain references to judicial decisions or any litigation history. The instrument itself is recent (published 1 May 2024; substantive provisions in force 1 July 2024) and therefore, within the text provided, there are no reported cases or adjudicated disputes arising under these regulations.

Statutory review and administrative review routes provided

• The regulations create a statutory mechanism for administrative review of CEO exemption refusals: an applicant may apply to the State Administrative Tribunal for review of a decision not to approve an exemption under regulation 16 (r 17). This is the only explicit review or dispute pathway mentioned in the instrument. Any actual litigation or tribunal decisions under r 17 would therefore be expected to appear after the regulations have been in force and cases have been brought to the SAT.

Potential litigation vectors implied by the text

• Based on the structure of the instrument, likely categories of future litigation or administrative review (not present in the instrument but implied by its mechanics) include:
  • Judicial review or SAT review of CEO decisions on exemption applications (r 16-17), including disputes over the adequacy of reasons provided for refusal (r 16(8) requires the CEO to give reasons).
  • Prosecutions for offences where defendants invoke the “reasonable steps” defence referencing AS 5377:2022; future litigation will likely clarify how strictly the standard is applied and how compliance with the Standard is evidenced (rr 9(5)-(6), 12(5)-(7)).
  • Disputes over the interpretation of “aggregated waste” and the scope of the aggregation defence where waste is sent to landfill in the reasonable expectation of aggregation for recovery (r 4; r 8(3)-(4)).
  • Challenges over whether particular items fall within the Schedule 1 categories of regulated e‑waste (Schedule 1), particularly for items at the margins (for example, devices similar to listed equipment or battery‑integrated products).
  • Enforcement actions involving evidentiary disputes about weights, transfer details and record accuracy under the reporting regime (rr 11, 13, 15).
  • Disputes over the interaction of these regulations with other written laws dealing with hazardous waste, where r 7 provides that other written laws prevail to the extent of any inconsistency.

Absence of litigation history in the instrument

• The instrument itself does not list any case law, precedent, or prior tribunal decisions. Because the enabling period since commencement is short, any case law will need to be sought externally in judicial and tribunal databases after matters have been brought before courts or the SAT.

Practical note for lawyers and compliance teams

• Given the built‑in review right to the SAT for exemption refusals, and the likely evidentiary focus (weights, transfer records, compliance with AS 5377:2022), early litigation or tribunal activity is likely to generate interpretive guidance in these areas. Parties should anticipate that initial SAT decisions will be important for shaping the evidentiary thresholds and the content of “reasonable steps.” Until such decisions are available, the regulations’ language and the Standard provide the principal guidance.

Because the regulations are new, keep an eye on:

• SAT decisions under r 17;
• prosecutorial outcomes based on the “reasonable steps” test and aggregation defences; and
• administrative instruments and guidance from the CEO that may reduce the incidence of disputes by clarifying forms, evidence and compliance expectations.

These regulations contain specific traps for the unwary that arise from definitions, timelines, evidentiary defences, cross‑references to other laws and the CEO’s discretionary powers. The following points identify concrete pitfalls that practitioners and compliance officers should address.

1. The “significant entity” threshold aggregates related entities (r 5). An entity that thinks it is below the employee or tonnage thresholds may be captured once related bodies corporate are included. For business groups, employee counts and e‑waste tonnages must include related entities as defined by the Corporations Act 2001 s 9. This can bring mid‑sized group entities into the “significant” regime unexpectedly.

2. “All batteries” are regulated (Schedule 1). Schedule 1 specifically includes “All batteries.” That is broad: battery‑powered products, detached batteries, and battery accessories may all fall under the regulated category, triggering segregation, transfer and record obligations if they are waste.

3. Storage clock starts from the month the waste is received or results (rr 9(2), 12(2)). The 12‑month storage limit is calculated from the month of receipt or the month in which the waste results from an entity’s activities. Timing precision is necessary because storage beyond 12 months is an offence attracting a $10,000 fine unless the reasonable‑steps defence is made out.

4. Different record and lodgement deadlines for different actors (rr 11(3), 13). E‑waste service providers who require an EP Act licence must lodge a return by 1 October each year for the preceding financial year (r 11(3)). Significant entities must record the specified information not later than 31 July each year (r 13). Ensure internal reporting calendars align with these differing deadlines and that financial year versus calendar year timing is correct.

5. CEO form approval and specification can change compliance details (r 11(4), r 16(3)). The CEO approves the forms for returns and may specify other information required with exemption applications. Entities relying on standard templates should verify the approved forms and any CEO guidance before preparing returns or exemption applications.

6. “Reasonable steps” defence tied to AS 5377:2022 (rr 9(5)-(6), 12(5)-(7)). The explicit reference to Australian Standard AS 5377:2022 means that entities should consider aligning documented procedures with that Standard. However, the regulations say the standard is “relevant” to what constitutes reasonable steps; the standard is not the exclusive test, and the regulations expressly reference the version “as in force on the day on which these regulations are made,” leaving open interpretive questions about later versions.

7. Aggregation defence requires reasonable expectation (r 8(3)-(4)). Sending regulated e‑waste to landfill is only defensible where there was a reasonable expectation the material would be aggregated for recovery. The defence is not automatic; it depends on proof of the sender’s reasonable expectation. That may be difficult to establish after the event unless contemporaneous documentation supports it.

8. Landfill operators’ simple procedural defence requires a written declaration (r 8(6)(a)). Landfill operators can obtain a written declaration from the person leaving the waste that they had no reason to believe the waste contained regulated e‑waste. If intake procedures do not capture such declarations or do not preserve them, operators risk losing that defence. The regulations do not prescribe a form; thus the declaration’s content and evidentiary sufficiency may be contested.

9. Public entities have specific, but narrower, protections (r 8(4), r 12(6)). Some defences are phrased differently for public entities. For example, public entities are exempted from breach of r 8(2) if they sent the waste in the reasonable expectation of aggregation (r 8(4)). For storage, transport or transfer duties, public entities are not in breach if they take reasonable steps (r 12(6)). Public bodies should be aware that their obligations differ procedurally from business entities.

10. Residual waste exception (r 6(c)). The regulations do not apply to residual waste (defined in r 3) , waste that remains after regulated e‑waste has been separated and recycled to create processed materials or materials suitable for energy recovery. Entities attempting to classify materials as residual must ensure they meet the definition to rely on the exception.

11. Interaction with hazardous waste law (r 7). Where other written laws about hazardous waste conflict, those other laws prevail. Entities handling waste that may be hazardous as well as e‑waste must identify and comply with the hazardous waste regime in priority.

12. Scope ambiguity for borderline items. Items slightly outside or hybridised (eg smart devices with embedded batteries or integrated components) may raise classification issues under Schedule 1. Legal certainty requires technical, product‑by‑product assessment and possibly liaison with the administering authority.

13. Record retention and production timelines (r 15). Records must be retained for at least five years and produced to the CEO on request within a period specified by the CEO, but not less than 28 days. This creates an evidentiary burden: absence of retained records can lead to penalties. Entities should design retention systems that enable timely production.

14. Exemption process can be discretionary and conditional (r 16). The CEO may approve exemptions and impose conditions and durations. Exemption applicants should anticipate conditional approvals and plan for compliance with conditions and for administrative renewals or extensions.

15. Single‑figure penalty may not reflect commercial scale. The flat $10,000 penalty applies across small and large entities and across varied contraventions. Large organisations will need to assess the reputational and operational costs in addition to statutory fines.

Each of these “gotchas” flows directly from the regulation’s text. Addressing them requires process changes , intake declarations, weights measurement and traceability, group‑level assessments for corporate thresholds, and alignment of internal procedures with AS 5377:2022 and CEO‑approved forms.

This section provides a concrete, operational checklist and recommended practices grounded in the text of the regulations for e‑waste service providers, significant entities, landfill operators and public entities. Compliance involves source segregation, time‑limited storage, traceable transfers, record systems, staff procedures, and leveraging the CEO’s administrative pathways where justified.

1. Identify regulated items and map flows

• Use Schedule 1 as the definitive list of regulated e‑waste; ensure procurement, asset registers, and retired equipment inventories are assessed against Schedule 1 categories (screens/IT/telecommunications, lighting and lamps, large appliances in homes/offices, batteries, temperature exchange equipment, medical devices) (r 3; Schedule 1).
• Flag battery‑containing devices explicitly because Schedule 1 includes “All batteries.”

2. Determine entity status and thresholds

• For business entities, calculate whether the organisation is a “significant entity” by reference to employee counts at the beginning of each financial year (200+ employees) and by aggregating related entities using the Corporations Act 2001 s 9 definition to count employees and the previous year’s e‑waste tonnages (r 3; r 5).
• If above thresholds, deploy the full set of significant‑entity obligations (r 12-13).

3. Segregation at source

• Implement segregation procedures to keep regulated e‑waste separate from other waste streams to meet r 12(1) (significant entities), r 10(2) (service providers) and r 14(2) (landfill operators).
• Ensure collection points, bins and logistics routes are labelled and staff trained on what constitutes regulated e‑waste.

4. Storage limits and inventory management

• Monitor dates of receipt and ensure regulated e‑waste is not stored longer than 12 months from the month of receipt (service providers) or from the month it results from a significant entity’s activities (rr 9(2), 12(2)).
• Maintain a rolling inventory system with date‑stamps and automated alerts that flag items approaching the 12‑month storage deadline.

5. Preserve recyclability during handling

• Train personnel and contract transporters not to engage in practices that would reduce the ability of the material to be treated, processed or recycled (rr 9(3), 12(3)).
• Document handling protocols and quality controls consistent with AS 5377:2022, because that Standard is explicitly relevant to the “reasonable steps” defence (rr 9(6), 12(7)).

6. Transfer to e‑waste service providers (significant entities)

• Significant entities must transfer their regulated e‑waste to an e‑waste service provider (r 12(4)). Maintain transfer records capturing the name and address of the service provider and the weight transferred as required by r 13.
• Use written transfer receipts, weighbridge tickets or certified weight measures to evidence weight figures.

7. Intake controls for landfill operators

• Landfill operators should require written declarations from persons leaving waste that they had no reason to believe the waste contained regulated e‑waste, and retain those declarations to rely on the r 8(6)(a) defence where relevant.
• Establish procedures for visual inspection and segregation of mixed loads on reception (r 14(1)-(2)).

8. Record keeping and returns

• E‑waste service providers requiring an EP Act licence must record categories of regulated e‑waste, total collected weight, types and weights of separation/recycling, total weight of processed materials and residuals, and for each transferee the name, address and weight (r 11(2)). Lodge returns with the CEO by 1 October for the preceding financial year in a CEO‑approved form (r 11(3)-(4)).
• Significant entities must record the category description, total weight and the name and address of each service provider to whom they transferred e‑waste and have those records by 31 July each year for the prior financial year (r 13).
• Implement reliable weighing systems and data capture at the point of transfer to ensure accuracy.

9. Retention and production of records

• Retain records for at least five years from creation (r 15(1)). Organise records to enable production to the CEO within the period specified on request, which cannot be less than 28 days (r 15(2)-(3)).
• Keep electronic backups and ensure formats can be exported into the CEO’s approved form.

10. Exemptions and remoteness

• Where unusual circumstances arise (events beyond control or remoteness), prepare exemption applications in the CEO’s approved form and include reasons and any information specified by the CEO (r 16(2)-(3)). Anticipate conditions and time limits attached to exemptions (r 16(5)-(6)).
• Keep contemporaneous evidence supporting claims of remoteness or events beyond control (eg transport disruptions, natural disasters, contamination making material unsuitable for processing).

11. Evidence of “reasonable steps”

• Develop a compliance file that documents policies, procedures, training, handling protocols, equipment used, contractual arrangements with e‑waste service providers, inspection logs and any quality assurance checks aligned with AS 5377:2022 to support a “reasonable steps” defence where necessary (rr 9(5)-(6), 12(5)-(7)).

12. Intake and transfer contractual clauses

• Include in procurement and disposal contracts obligations on e‑waste service providers to receive and handle regulated e‑waste in compliance with the regulations, to provide transfer records, and to accept responsibility for processing in accordance with the waste strategy.
• For significant entities, ensure contracts specify weight measurement methods and identify the named transferee and address to facilitate r 13 compliance.

13. Audit and traceability

• Establish regular internal audits to verify segregation, storage times, weights, transfers and record retention. Audits will assist both in compliance and in defending enforcement actions.
• Keep chain‑of‑custody records and weighbridge tickets to support transfer weights reported to the CEO.

14. Liaise with regulators and check CEO forms

• Before first lodgement, obtain and use the CEO‑approved return form (r 11(4)). Check for updates to forms or guidance notes on the administering agency’s website.
• Where uncertainty exists about classification (eg whether a component qualifies as regulated e‑waste), seek written clarification from the CEO or relevant agency to reduce legal risk.

15. Landfill operator declarations and intake process

• For landfill operators continuing to accept mixed loads, implement an intake declaration form that asks persons leaving waste to declare whether they have reason to believe the waste contains regulated e‑waste and preserve those declarations for at least five years (r 8(6); r 15(1)).

16. Coordinate across group entities

• For groups with related entities, centralise reporting and inventory systems to aggregate employee counts, waste tonnages and transfers in accordance with r 5 so that the group properly calculates “significant entity” status and meets consolidated obligations.

17. Insurance and commercial considerations

• Review insurance coverage for regulatory fines, defence costs and costs of remedial actions. The regulations do not exclude civil liability, and fines may be only one component of costs.

18. Prepare for CEO requests and SAT review

• Keep records in a searchable format to respond within 28 days (minimum) to any CEO production request (r 15(2)-(3)).
• If an exemption is refused, be ready to apply to the State Administrative Tribunal (r 17), including compiling a complete administrative record of the decision, application, and supporting evidence.

By implementing these steps, entities can operationalise the statutory duties set out in the regulations: identifying regulated items, segregating and storing for limited periods, transferring to appropriate service providers, documenting weights and transfers, aligning procedures to AS 5377:2022 and retaining records for five years. The CEO’s forms, the Standard and the enabling Act will determine the precise technical content of some compliance actions, so ensure those instruments are obtained and integrated into compliance systems.