WASTE MANAGEMENT AND POLLUTION CONTROL (ADMINISTRATION) REGULATIONS 1998 (Northern Territory)

The Waste Management and Pollution Control (Administration) Regulations 1998 establish the mechanical and financial framework required to execute the Northern Territory's environmental regulatory regime. Rather than stating broad ecological principles, these Regulations function as a fiscal and administrative apparatus that translates the mandates of the parent Waste Management and Pollution Control Act 1998 into specific operating costs and enforcement procedures for private and public entities.

The primary mechanical function of the instrument is to define and list sixty distinct classes of "listed wastes" under Schedule 1, which serves as the statutory trigger for licensing and approval requirements across the Territory. Beyond this classification, the Regulations prescribe a granular schedule of fees for environmental protection approvals, licences, amendments, and renewals. These fees are expressed either in static "revenue units" (which adjust automatically to inflation under separate Territory legislation) or via complex volumetric and population-based formulas.

Furthermore, the Regulations lay down strict record-keeping requirements for waste transporters and facility operators, exposing them to criminal liability for failing to track waste volumes. Finally, the instrument establishes a comprehensive administrative enforcement framework in Part 3, detailing the issuance, content, payment, expiation, and withdrawal of infringement notices for specified environmental offences. This provides the Northern Territory Environment Protection Authority (NT EPA) and its authorised officers with an administrative shortcut to penalise compliance failures without resorting to costly and time-consuming court prosecutions.

NORTHERN TERRITORY OF AUSTRALIA WASTE MANAGEMENT AND POLLUTION CONTROL (ADMINISTRATION) REGULATIONS 1998 As in force at 13 September 2025 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 2 Interpretation ................................................................................... 1 Part 2 General matters 2A Listed wastes ................................................................................... 1 2B Application fee for approvals ........................................................... 2 2C Application fee for licences .............................................................. 2 2D Application fees for multiple activities or premises .......................... 3 2E Fee for amendment or revocation of condition ................................ 3 3 Period in which application to renew licence to be made ................ 3 3A Fee for renewal of licence................................................................ 4 3B Annual fee ....................................................................................... 4 3C Annual fees for multiple activities or premises ................................. 5 4 Application fee for registration as qualified environmental auditor ............................................................................................. 5 5 Exemption, waiver or refund of fees ................................................ 6 10 Review of decisions ......................................................................... 6 11 Records ........................................................................................... 6 Part 3 Infringement notice offences 12 Infringement notice offence and prescribed amount payable .......... 6 13 When infringement notice may be given .......................................... 7 14 Contents of infringement notice ....................................................... 7 15 Electronic payment and payment by cheque ................................... 8 16 Expiation of offence ......................................................................... 8 17 Withdrawal of infringement notice.................................................... 8 18 Effect of Part .................................................................................... 8 Schedule 1 Listed wastes Schedule 2 Infringement notice offences ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 13 September 2025

WASTE MANAGEMENT AND POLLUTION CONTROL (ADMINISTRATION) REGULATIONS 1998 Regulations under the Waste Management and Pollution Control Act 1998 Part 1 Preliminary matters 1 Citation These Regulations may be cited as the Waste Management and Pollution Control (Administration) Regulations 1998. 2 Interpretation (1) In these Regulations: infringement notice, for Part 3, see regulation 13. infringement notice offence, for Part 3, see regulation 12(1). prescribed amount, for Part 3, see regulation 12(2). (2) For the purposes of these Regulations, in calculating an amount of a fee by reference to the amount of a substance that could be, was or is handled in premises under an environment protection approval or licence, all the activities in relation to the substance under the approval or licence after the substance were introduced into the premises are to be taken to together comprise a single handling of the substance. Part 2 General matters 2A Listed wastes For section 4(1) of the Act, definition listed waste, the wastes specified in Schedule 1 are prescribed.

Part 2 General matters Waste Management and Pollution Control (Administration) Regulations 1998 2 2B Application fee for approvals (1) The fees specified in this regulation are prescribed for section 31(2) of the Act. (2) The fee for an application for an environmental protection approval that is required under section 30(1) of the Act to conduct an activity specified in item 3 of Part 1 of Schedule 2 to the Act is $0.00575 per tonne of hydrocarbons that the NT EPA determines could in the 12 month period following the grant of the approval be handled in the premises to which the approval is to relate during the conduct of an activity specified in item 5 of Part 2 of Schedule 2 to the Act. (3) Subject to subregulation (4), the fee for an application for an environmental protection approval that is required under section 30(2) of the Act in relation to an activity specified in item 3 of Part 1, or item 5 of Part 2, of Schedule 2 to the Act is 345 revenue units. (4) If the NT EPA determines that more hydrocarbons could be handled in the premises to which an environmental protection approval that is required under section 30(2) of the Act relates in the 12 month period after the approval is granted than were handled in the 12 month period before the approval was granted, the fee for the application for the approval is $0.00575 for each additional tonne of hydrocarbons. (5) The fee for an application for an environmental protection approval that is required under section 30(1) or (2) of the Act to conduct an activity specified in Schedule 2 to the Act in relation to which a fee is not prescribed elsewhere in this regulation is 345 revenue units. (6) In determining the amount of hydrocarbons that could be handled in premises, the NT EPA is to have regard to the intended design and likely processing capacity of the premises. 2C Application fee for licences (1) For section 31(2) of the Act, the fee for an application for a licence to conduct an activity that is specified in item 5 of Part 2 of Schedule 2 to the Act is 345 revenue units. (2) For section 31(2) of the Act, the fee for an application for a licence to conduct an activity that is specified in Schedule 2 to the Act in relation to which a fee is not prescribed in subregulation (1) is 345 revenue units.

Part 2 General matters Waste Management and Pollution Control (Administration) Regulations 1998 3 2D Application fees for multiple activities or premises (1) Subject to subregulation (3), if an application for an environmental protection approval or licence relates to more than one activity that is specified in Schedule 2 to the Act, the fee for the application is the sum of each of the fees specified in regulation 2B or 2C for an activity to which the application relates. (2) Subject to subregulation (3), if an application for an environmental protection approval or licence relates to an activity that is specified in Schedule 2 to the Act that is undertaken, or is to be undertaken, at more than one premises, the fee for the application is the fee specified in regulation 2B or 2C in relation to the activity, multiplied by the number of those premises. (3) If the NT EPA determines that it is unreasonable for subregulation (1) or (2) to apply in relation to an application because: (a) although the operation to be conducted under the approval or licence consists of more than one of the activities specified in Schedule 2 to the Act, the activities form part of a single operation; or (b) the activities form part of a single operation but are to be conducted at more than one premises, the NT EPA may determine that only one fee for the application is payable for all the activities or all of the premises, or both. (4) The application fee determined under subregulation (3) is to be the highest fee payable under regulation 2B or 2C, as the case may be, for an activity to which the application relates. 2E Fee for amendment or revocation of condition For section 37(2) of the Act, the fee for an application for an amendment to, or a revocation of, a condition of an environment protection approval or a licence is 115 revenue units. 3 Period in which application to renew licence to be made For the purposes of section 40(2)(a) of the Act, the prescribed period is not earlier than 90 days and not later than 30 days before the licence expires.

Part 2 General matters Waste Management and Pollution Control (Administration) Regulations 1998 4 3A Fee for renewal of licence For section 40(2)(c) of the Act, the fee for the renewal of a licence is: (a) if the licence to be renewed was, at the request of the applicant for the licence, granted for a period of less than 2 years – a fee equivalent to the annual fee that would have been payable under these Regulations if the licence had been granted for 2 years or more; or (b) in any other case – 345 revenue units. 3B Annual fee (1) The fees specified in this regulation are prescribed for section 42(2) of the Act. (2) The annual fee for a licence to conduct an activity specified in item 1 of Part 2 of Schedule 2 to the Act is 345 revenue units plus $0.0575 for each person by which the population that is to be serviced by the activity is determined by the NT EPA to exceed 1 000 persons. (3) The annual fee for a licence to conduct an activity specified in item 2 of Part 2 of Schedule 2 to the Act is: (a) for the first 12 month period in which the licence is to be in force – 345 revenue units; and (b) for each subsequent 12 month period that the licence is to be in force – 345 revenue units plus $0.0575 per each tonne or kilolitre of listed waste that the NT EPA determines to have been handled under the licence in the previous 12 month period in which the licence was in force. (4) The annual fee for a licence to conduct an activity specified in item 3 of Part 2 of Schedule 2 to the Act is: (a) for the first 12 month period in which the licence is to be in force – 345 revenue units; and (b) for each 12 month period after the first 12 month period in which the licence is to be in force – 345 revenue units plus $0.0575 per each tonne or kilolitre of listed waste that the NT EPA determines to have been handled under the licence in the previous 12 month period in which the licence was in force.

Part 2 General matters Waste Management and Pollution Control (Administration) Regulations 1998 5 (5) The annual fee for a licence to conduct an activity specified in item 5 of Part 2 of Schedule 2 to the Act is $0.00115 for each tonne of hydrocarbons the NT EPA determines, having regard to the design of the premises in which the activity is to be conducted, is likely to be handled in the premises in a 12 month period. 3C Annual fees for multiple activities or premises (1) Subject to subregulation (3), if a licence relates or is to relate to more than one activity that is specified in Schedule 2 to the Act, the annual fee for the licence for the purposes of section 42(2) of the Act is the sum of each of the fees specified in regulation 3B for an activity to which the licence relates or is to relate. (2) Subject to subregulation (3), if a licence relates or is to relate to an activity specified in Schedule 2 that is undertaken at more than one premises, the annual fee for the licence for the purposes of section 42(2) of the Act is the fee specified in regulation 3B in relation to the activity, multiplied by the number of those premises. (3) If the NT EPA determines that it is unreasonable for subregulation (1) or (2) to apply to a licence because: (a) although the operation to be conducted under the licence consists of more than one of the activities specified in Schedule 2 to the Act, the activities form part of a single operation; or (b) the activities form part of a single operation but are conducted at more than one premises, the NT EPA may determine that for the purposes of section 42(2) only one annual fee is payable in relation to the licence for all the activities or all of the premises, or both. (4) The fee determined under subregulation (3) for a licence is to be the highest fee payable under regulation 3B for an activity to which the licence relates or is to relate. 4 Application fee for registration as qualified environmental auditor For section 68(2) of the Act, the fee to apply to be registered as a person qualified to perform environmental audits for the purposes of an environmental audit program is 1 495 revenue units.

Part 3 Infringement notice offences Waste Management and Pollution Control (Administration) Regulations 1998 6 5 Exemption, waiver or refund of fees The NT EPA may, if the NT EPA considers it appropriate, do any of the following in relation to a prescribed fee: (a) exempt a person from payment of the fee; (b) waive (wholly or partly) payment of the fee; (c) refund (wholly or partly) the fee. 10 Review of decisions For the purposes of section 108(1)(r) of the Act, a determination by the NT EPA under regulation 2B, 2C, 3B or 3C is prescribed. 11 Records (1) A person who holds a licence in relation to an activity specified in item 2 or 3 of Part 2 to Schedule 2 to the Act must: (a) retain, for 2 years after the end of the 12 month period to which the record relates; and (b) make available for inspection by an authorised officer at his or her request, accurate records of the amount, calculated in tonnes or kilolitres, of listed waste that is collected, transported, stored, recycled, treated or disposed of in each successive 12 month period as part of the activity to which the licence relates. (2) An offence against subregulation (1) is an environmental offence level 4. Part 3 Infringement notice offences 12 Infringement notice offence and prescribed amount payable (1) An infringement notice offence is an offence against a provision specified in Schedule 2. (2) The prescribed amount for an infringement notice offence is the amount payable under section 8 of the Environmental Offences and Penalties Act 1996 for the specified environmental offence level of the offence.

Part 3 Infringement notice offences Waste Management and Pollution Control (Administration) Regulations 1998 7 13 When infringement notice may be given If an authorised officer believes on reasonable grounds that a person has committed an infringement notice offence, the officer may give a notice (an infringement notice) to the person. 14 Contents of infringement notice (1) The infringement notice must specify the following: (a) the name and address of the person to whom it is issued, if known; (b) the date the infringement notice is given to the person; (c) the date and time of the infringement notice offence and the place at which the infringement notice offence occurred; (d) a description of the offence; (e) the prescribed amount payable for the offence; (f) the enforcement agency to which the prescribed amount is payable. (2) The infringement notice must include a statement to the effect of the following: (a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given; (b) the person may elect to have the offence dealt with by a court by: (i) completing a statement of election and giving it to the specified enforcement agency; and (ii) not paying the prescribed amount; (c) if the Fines and Penalties (Recovery) Act 2001 applies to the infringement notice offence – enforcement action may be taken under that Act if the person does nothing in response to the notice. (3) The infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b)(i).

Part 3 Infringement notice offences Waste Management and Pollution Control (Administration) Regulations 1998 8 15 Electronic payment and payment by cheque (1) If the person uses electronic means to pay the prescribed amount, payment is not effected until the amount is credited to the payee's bank account. (2) If the person tenders a cheque in payment of the prescribed amount, payment is not effected unless the cheque is cleared on first presentation. 16 Expiation of offence If the prescribed amount for the infringement notice offence is paid in accordance with the infringement notice, the alleged offence is expiated and no further proceedings can be taken in relation to the offence. 17 Withdrawal of infringement notice (1) The NT EPA may withdraw the infringement notice by written notice given to the person. (2) The notice must be given: (a) within 28 days after the infringement notice is given to the person; and (b) before payment of the prescribed amount. 18 Effect of Part (1) This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated. (2) This Part does not: (a) require an infringement notice to be given; or (b) affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or (c) prevent more than one infringement notice for the same offence being given to a person. (3) If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices.

Schedule 1 Listed wastes Waste Management and Pollution Control (Administration) Regulations 1998 9 Schedule 1 Listed wastes regulation 2A Acidic solutions or acids in solid form Animal effluent and residues (abattoir effluent, poultry and fish processing waste) Antimony, antimony compounds Arsenic, arsenic compounds Asbestos Barium compounds other than barium sulphate Basic solutions or bases in solid form Beryllium, beryllium compounds Boron compounds Cadmium, cadmium compounds Ceramic-based fibres with physico-chemical characteristics similar to those of asbestos Chlorates Chromium compounds that are hexavalent or trivalent Clinical and related wastes Cobalt compounds Containers that are contaminated with residues of a listed waste Copper compounds Cyanides (inorganic) Cyanides (organic) Encapsulated, chemically fixed, solidified or polymerised wastes Ethers Filter cake Fire debris and fire washwaters Fly ash Grease trap waste Halogenated organic solvents Highly odorous organic chemicals (including mercaptans and acrylates) Inorganic fluorine compounds excluding calcium fluoride Inorganic sulfides

Schedule 1 Listed wastes Waste Management and Pollution Control (Administration) Regulations 1998 10 Isocyanate compounds Lead, lead compounds Mercury, mercury compounds Metal carbonyls Nickel compounds Non-toxic salts Organic phosphorus compounds Organic solvents excluding halogenated solvents Organohalogen compounds that are not otherwise specified in this Schedule Perchlorates Phenols, phenol compounds including chlorophenols Phosphorus compounds other than mineral phosphates Polychlorinated dibenzo-furan (any congener) Polychlorinated dibenzo-p-dioxin (any congener) Residue from industrial waste treatment or disposal operations Selenium, selenium compounds Sewage sludge and residues including nightsoil and septic tank sludge Soils contaminated with a listed waste Surface active agents (surfactants) that contain principally organic constituents and that may contain metals and inorganic materials Tannery wastes (including leather dust, ash, sludges and flours) Tellurium, tellurium compounds Thallium, thallium compounds Triethylamine catalysts for setting foundry sands Tyres Vanadium compounds Waste chemical substances arising from research and development or teaching activities, including those substances which are not identified and/or are new and the effects of which on human health and/or the environment are not known Wastes containing peroxides other than hydrogen peroxide Waste, containing cyanides, from heat treatment and tempering operations Waste from the manufacture, formulation and use of wood-preserving chemicals Waste from the production, formulation and use of biocides and phytopharmaceuticals

Schedule 1 Listed wastes Waste Management and Pollution Control (Administration) Regulations 1998 11 Waste from the production, formulation and use of inks, dyes, pigments, paints, lacquers and varnish Waste from the production, formulation and use of organic solvents Waste from the production, formulation and use of photographic chemicals and processing materials Waste from the production, formulation and use of resins, latex, plasticisers, glues and adhesives Waste from the production and preparation of pharmaceutical products Waste mineral oils unfit for their original intended use Waste mixtures, or waste emulsions, of oil and water or hydrocarbon and water Waste pharmaceuticals, waste drugs and waste medicines Waste resulting from surface treatment of metals and plastics Waste substances and articles containing or contaminated with per- and polyfluoroalkyl substances (PFAS) Waste tarry residues arising from refining, distillation and any pyrolytic treatment Waste substances and articles containing or contaminated with polychlorinated biphenyls (PCBs), polychlorinated naphthalenes (PCNs), polychlorinated terphenyls (PCTs) and/or polybrominated biphenyls (PBBs) Waste of an explosive nature not subject to the Dangerous Goods Act 1998 or the Work Health and Safety (National Uniform Legislation) Act 2011 Wool scouring waste Zinc compounds

Schedule 2 Infringement notice offences Waste Management and Pollution Control (Administration) Regulations 1998 12 Schedule 2 Infringement notice offences regulation 12(1) 1 Waste Management and Pollution Control Act 1998 Sections 14(1), 30(1), (2) and (3), 39(2), 43(1), 46B(2), 51(1), 58(2), 61(5), 63(2), 67, 76(c), 80(2), 83(5) and (7) and 112(2), (3), (4) and (5). 2 Environment Protection (National Pollutant Inventory) Objective 2004 Clauses 3, 6, 7 and 8.

ENDNOTES Waste Management and Pollution Control (Administration) Regulations 1998 13 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Waste Management and Pollution Control (Administration) Regulations (SL No. 65, 1998) Notified 13 January 1999 Commenced 13 January 1999 Amendments of Waste Management and Pollution Control (Administration) Regulations (SL No. 53, 2001) Notified 19 December 2001 Commenced 19 December 2001 Statute Law Revision Act (No. 2) 2004 (Act No. 54, 2004) Notified 15 September 2004 Commenced 27 October 2004 (Gaz G43, 27 October 2004, p 3) Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009) Notified 14 December 2009 Commenced 1 January 2010 (r 2) Work Health and Safety (National Uniform Legislation) Implementation Act 2011 (Act No. 38, 2011) Assent date 14 December 2011 Commenced 1 January 2012 (Gaz S78, 30 December 2011) Northern Territory Environment Protection Authority Act 2012 (Act No. 28, 2012) Assent date 6 December 2012 Commenced 1 January 2013 (Gaz S82, 21 December 2012) Statute Law Revision Act 2014 (Act No. 38, 2014) Assent date 13 November 2014 Commenced 13 November 2014

ENDNOTES Waste Management and Pollution Control (Administration) Regulations 1998 14 Statute Law Amendment (Territory Economic Reconstruction) Act 2021 (Act No. 19, 2021) Assent date 31 August 2021 Commenced pt 6: 2 October 2021; rem: 29 September 2021 (Gaz G39, 29 September 2021, p 1) Environment Legislation Amendment Act 2021 (Act No. , 2021) Assent date 18 November 2021 Commenced pt 7: 31 March 2022; rem: 1 February 2022 (Gaz G51, 22 December 2021, p 1) Lands, Planning and Environment Legislation Amendment Act 2025 (Act No. 25, 2025) Assent date 12 September 2025 Commenced pt 6: nc; rem: 13 September 2025 (s 2(1)) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 7 and sch 1 and 2. 4 LIST OF AMENDMENTS pt 1 hdg ins Act No. 25, 2025, s 87 r 2 amd No. 53, 2001, r 2; Act No. 25, 2025, s 88 pt 2 hdg ins Act No. 25, 2025, s 89 r 2A ins No. 53, 2001, r 3 sub Act No. 25, 2025, s 89 r 2B ins No. 53, 2001, r 3 amd No. 34, 2009, r 12; Act No. 28, 2012, s 57 r 2C ins No. 53, 2001, r 3 amd No. 34, 2009, r 12 r 2D ins No. 53, 2001, r 3 amd Act No. 28, 2012, s 57 r 2E ins No. 53, 2001, r 3 amd No. 34, 2009, r 12 r 3A ins No. 53, 2001, r 4 amd No. 34, 2009, r 12 r 3B ins No. 53, 2001, r 4 amd No. 34, 2009, r 12; Act No. 28, 2012, s 57 r 3C ins No. 53, 2001, r 4 amd Act No. 28, 2012, s 57 r 4 amd No. 34, 2009, r 12 r 5 amd Act No. 28, 2012, s 57 sub Act No. 19, 2021, s 109 rr 6 – 9 rep Act No. 25, 2025, s 90 r 10 ins No. 53, 2001, r 5 amd Act No. 28, 2012, s 57 r 11 ins No. 53, 2001, r 5 pt 3 hdg ins Act No. 25, 2025, s 91 r 12 ins No. 53, 2001, r 5 sub Act No. 25, 2025, s 91 rr 13 – 18 ins Act No. 25, 2025, s 91 sch 1 amd No. 53, 2001, r 6; Act No. 54, 2004, s 8; Act No. 22, 2021, s 37 rep Act No. 25, 2025, s 92

ENDNOTES Waste Management and Pollution Control (Administration) Regulations 1998 15 sch 2 ins No. 53, 2001, r 7 (now sch 1) amd Act No. 38, 2011, s 31; Act No. 38, 2014, s 2; Act No. 25, 2025, s 93 sch 2 ins Act No. 25, 2025, s 94

1 WASTE MANAGEMENT AND POLLUTION CONTROL (ADMINISTRATION) REGULATIONS 1998

NORTHERN TERRITORY OF AUSTRALIA

As in force at 13 September 2025

Understanding the operation of this instrument requires an analysis of several core legal and administrative concepts:

Listed Wastes

Under regulation 2A, the substances specified in Schedule 1 are designated as "listed wastes" for the purposes of the parent Act. This schedule covers a broad spectrum of materials, ranging from heavy metals (such as antimony, arsenic, beryllium, and cadmium) and industrial residues (such as filter cake, fly ash, and tannery wastes) to common commercial waste streams like tyres, grease trap waste, clinical wastes, and sewage sludge. It also specifically encompasses "containers that are contaminated with residues of a listed waste" and soils contaminated with listed wastes. By categorising a substance as a listed waste, the Regulations automatically subject any person handling, transporting, or disposing of that substance to the strict licensing controls of the parent Act.

Single Handling

To prevent the compounding of volumetric fees as a substance moves through various stages of processing within a single facility, regulation 2(2) introduces the concept of "single handling". For the purpose of calculating fees based on the volume of a substance handled under an approval or licence, all activities in relation to that substance after it is introduced into the premises are treated as a single handling. This prevents the NT EPA from double-counting volumes when a substance is sequentially stored, treated, and then recycled within the same commercial site.

Capacity-Based and Volumetric Fees

Unlike simple flat-fee regimes, the Regulations employ capacity-based and volumetric fee structures for high-risk activities, particularly those involving hydrocarbons and listed wastes. Under regulation 2B and 3B, fees are frequently calculated based on the maximum volume of hydrocarbons that "could be handled" in a 12-month period, determined by the NT EPA with reference to the "intended design and likely processing capacity of the premises." This shifts the financial basis of the fee from actual throughput to latent industrial capacity, forcing operators to pay for potential rather than actual environmental risk.

Expiation of Offences

Part 3 outlines the mechanics of administrative "expiation." If an authorised officer issues an infringement notice for a prescribed offence under Schedule 2, and the recipient pays the designated fee within 28 days, the offence is "expiated." This means that the liability is discharged, and no further prosecution or civil action can be commenced in relation to that specific occurrence. It represents a contract-like compromise between the regulator and the regulated party: the state receives guaranteed revenue with minimal administrative friction, while the operator avoids a criminal record and formal court proceedings.

The practical and economic burdens of these Regulations fall heavily on several distinct groups within the Northern Territory's economy:

Waste Transport and Disposal Operators

Commercial entities involved in the collection, transport, storage, recycling, treatment, or disposal of listed wastes (specifically those conducting activities under items 2 and 3 of Part 2 of Schedule 2 to the parent Act) are directly targeted. Under regulation 11, these operators must maintain exhaustive, audited records of waste volumes (in tonnes or kilolitres) for a rolling two-year period. They are also subject to annual fees under regulation 3B that scale with the volume of listed waste handled in the preceding 12-month period.

Hydrocarbon and Petrochemical Businesses

Facilities that handle, store, or process hydrocarbons are subjected to a separate, highly sensitive pricing matrix. Under regulation 2B, any application for an environmental protection approval for these facilities incurs a fee of $0.00575 per tonne of hydrocarbons that the NT EPA determines could be handled at the premises. Annual licence fees for hydrocarbon operations are calculated at $0.00115 per tonne of maximum design capacity. This directly impacts fuel distributors, refinery operators, and mining companies operating bulk fuel storage depots.

Municipal Councils and Regional Authorities

Local government bodies operating municipal landfills or waste depots are affected by the population-based fee structures under regulation 3B(2). For facilities undertaking waste disposal activities, the annual licence fee is 345 revenue units plus an additional $0.0575 for every single person by which the serviced population exceeds 1,000. For regional centres, this turns the annual environmental licence into a significant recurring operating expense.

Registered Environmental Auditors

Individuals seeking to operate commercially as qualified environmental auditors in the Northern Territory must pay a substantial entry barrier. Under regulation 4, the application fee for registration is set at 1,495 revenue units, making it one of the most expensive administrative applications under the regulations.

The NT EPA and Authorised Officers

Administratively, the Regulations empower the NT EPA by granting it broad discretionary powers to determine fee liabilities, evaluate facility processing capacities, and grant discretionary fee exemptions, waivers, or refunds under regulation 5.

The Regulations establish a strict set of administrative duties that operators must discharge, offset by a limited set of statutory rights.

Mandatory Record-Keeping (Duty)

Under regulation 11(1), any holder of a licence to collect, transport, store, recycle, treat, or dispose of listed waste must retain accurate records of the waste volumes handled. These records must:

Specify the volume in tonnes or kilolitres.
Track the exact activities undertaken (collection, transport, storage, recycling, treatment, or disposal) in each successive 12-month period.
Be retained for at least 2 years after the end of the 12-month period to which they relate.
Be made available for immediate inspection by an authorised officer upon request.

Licence Renewal Timelines (Duty)

Under regulation 3, if a licensee wishes to renew their licence, they must submit their application within a strict statutory window. The application must be made not earlier than 90 days and not later than 30 days before the licence expires. Failing to file within this window strips the operator of their right to a standard renewal, forcing them onto the more onerous path of applying for a brand-new licence.

Right to Administrative Review (Right)

Under regulation 10, any determination made by the NT EPA regarding approval fees (r 2B), licence fees (r 2C), annual fees (r 3B), or multiple activity/premises fees (r 3C) is a prescribed decision for the purposes of section 108(1)(r) of the parent Act. This grants affected operators a formal right to challenge the NT EPA's capacity assessments and fee calculations through the statutory review mechanisms of the Act.

Right of Election to Court (Right)

When served with an infringement notice under Part 3, the recipient has a statutory right under regulation 14(2)(b) to refuse to pay the administrative fine and instead elect to have the alleged offence heard and determined by a court. This allows operators to contest the factual basis of the officer's "reasonable grounds" of belief.

Enforcement under the Regulations operates on two distinct tiers: criminal prosecution for record-keeping failures, and an administrative fine system for a wide range of statutory violations.

Criminal Penalties for Record-keeping Failures

Under regulation 11(2), any breach of the record-keeping and production requirements in regulation 11(1) is explicitly designated as an "environmental offence level 4". Under the Northern Territory's environmental regulatory hierarchy, this designation carries substantial financial penalties, which are prosecuted in court and apply to both the corporate entity and individual directors who fail to maintain the necessary volumetric ledgers.

The Infringement Notice Regime

Part 3 of the Regulations establishes an expedited enforcement pipeline. If an authorised officer believes on "reasonable grounds" that a person has committed an "infringement notice offence", they may issue an infringement notice (r 13).

Scope of Offences: Schedule 2 lists the specific provisions that can be prosecuted via an infringement notice. This includes 19 separate sections of the parent Waste Management and Pollution Control Act 1998 (such as general environmental duties, conducting activities without approvals or licences, breaching licence conditions, failing to comply with performance notices, and failing to notify of incidents) as well as four clauses of the Environment Protection (National Pollutant Inventory) Objective 2004.
Prescribed Amounts: Under regulation 12(2), the fine payable under an infringement notice is the amount set out in section 8 of the Environmental Offences and Penalties Act 1996 for the corresponding level of environmental offence.
Payment Rules: Payment must be made within 28 days. Under regulation 15, electronic payments are not legally "effected" until the funds are actually credited to the payee's bank account, and cheque payments are not effected unless the cheque successfully clears on its first presentation.
Withdrawal Powers: Under regulation 17, the NT EPA retains the unilateral right to withdraw an infringement notice within 28 days of issuance, provided the fine has not yet been paid. This allows the regulator to pivot to a full criminal prosecution in court if subsequent evidence reveals that the offence was more severe than initially assessed.

The Regulations do not operate in isolation; they are designed to interface directly with several other Northern Territory and Commonwealth statutes.

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|                            WASTE MANAGEMENT AND                                   |
|                        POLLUTION CONTROL ACT 1998                                 |
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|                            WASTE MANAGEMENT AND                                   |
|                  POLLUTION CONTROL (ADMINISTRATION)                               |
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|    ENVIRONMENTAL     |     |   FINES AND PENALTIES |     | ENVIRONMENT PROTECTION |
|     OFFENCES AND     |     |      (RECOVERY)       |     |  (NATIONAL POLLUTANT  |
|    PENALTIES ACT     |     |       ACT 2001        |     |  INVENTORY) OBJECTIVE  |
|         1996         |     |                       |     |          2004          |
|                      |     |                       |     |                        |
| Prescribes the fine  |     | Governs enforcement   |     | Violations of clauses  |
| amounts for offence  |     | of unpaid notices     |     | 3, 6, 7 & 8 are made   |
| levels under r 12(2).|     | under r 14(2)(c).     |     | infringement offences. |
+----------------------+     +-----------------------+     +------------------------+

The Parent Act

The Regulations directly support the Waste Management and Pollution Control Act 1998. The licensing requirements under section 30, the fee structures under sections 31, 37, 40, and 42, the registration of environmental auditors under section 68, and the administrative appeals under section 108 are all non-functional without the operational values, timeframes, and definitions provided by these Regulations.

Environmental Offences and Penalties Act 1996

Regulation 12(2) directly imports the penalty scales established under section 8 of the Environmental Offences and Penalties Act 1996. This integration ensures that the financial penalties for infringement notices scale automatically in accordance with Territory-wide environmental sentencing guidelines, maintaining consistency between administrative fines and court-ordered penalties.

Fines and Penalties (Recovery) Act 2001

Under regulation 14(2)(c), if a person fails to pay an infringement notice within the 28-day window and does not execute a court election, the debt is referred to the Fines Recovery Unit. Enforcement and recovery actions (which can include the suspension of driver licences, registration of property charges, or garnishing of wages) are then governed by the Fines and Penalties (Recovery) Act 2001.

National Pollutant Inventory (NPI)

Schedule 2, item 2, incorporates clauses 3, 6, 7, and 8 of the Environment Protection (National Pollutant Inventory) Objective 2004. This integrates federal-aligned emissions and chemical tracking objectives into the local Territory enforcement mechanism, allowing officers to issue local infringement notices for failing to report or monitor inventory data.

Exclusions (Dangerous Goods and WHS Laws)

Schedule 1 explicitly excludes from the definition of listed waste any waste of an explosive nature that is already regulated under the Dangerous Goods Act 1998 or the Work Health and Safety (National Uniform Legislation) Act 2011. This prevents dual-liability and jurisdictional conflict between environmental and workplace safety regulators.

The Regulations have undergone several waves of structural amendments since their commencement on 13 January 1999 (notified under SL No. 65, 1998).

The 2001 Overhaul (SL No. 53, 2001)

This amendment transformed the Regulations from a basic set of administrative forms into a robust pricing and enforcement tool. It inserted the bulk of Part 2, including:

Regulation 2B (approval fees), 2C (licence fees), 2D (multiple activity fees), and 2E (amendment fees).
Regulation 3A (licence renewal fees), 3B (annual fees), and 3C (multiple premises annual fees).
Regulation 10 (decision review) and 11 (record-keeping).
Schedule 2 (which originally established the infringement notice framework).

The 2009 Revenue Units Transition (SL No. 34, 2009)

Through the Fees and Charges Amendment Regulations 2009, the Territory transitioned its flat-rate dollar fees under regulations 2B, 2C, 2E, 3A, 3B, and 4 into "revenue units". This dynamic indexed fee structure insulated the regulatory regime from inflation without requiring annual legislative amendments.

The 2012 EPA Centralisation (Act No. 28, 2012)

With the passage of the Northern Territory Environment Protection Authority Act 2012, the administrative powers previously held by the Minister or departmental officials were transferred to the newly formed NT EPA, centralising fee evaluations and discretionary waiver decisions.

The 2021 Reforms (Act No. 19 and Act No. 22, 2021)

Act No. 19 of 2021 substituted a new regulation 5, streamlining and clarifying the NT EPA's absolute discretion to exempt, waive, or refund fees.
Act No. 22 of 2021 expanded Schedule 1 to include "Waste substances and articles containing or contaminated with per- and polyfluoroalkyl substances (PFAS)", bringing these persistent organic pollutants into the Territory's listed waste tracking system.

The 2025 Structural Alignment (Act No. 25, 2025)

Commencing on 13 September 2025, the Lands, Planning and Environment Legislation Amendment Act 2025 significantly reorganised the Regulations. It formally divided the instrument into Part 1 (Preliminary), Part 2 (General), and Part 3 (Infringement Notice Offences). It repealed the old administrative regulations 6 through 9, substituted a modernised infringement notice framework (inserting regulations 13 to 18), and restructured both Schedule 1 and Schedule 2 to align with updated parent Act sections.

The text of the Waste Management and Pollution Control (Administration) Regulations 1998 does not explicitly reference or list any judicial or tribunal case law interpreting its provisions. Unlike primary statutes, which frequently undergo extensive judicial scrutiny in superior courts, this subordinate administrative instrument has not been the direct subject of landmark reported litigation.

This absence of formal reported litigation is a direct consequence of the regulatory design of the instrument itself. The Regulations are specifically engineered to resolve environmental compliance disputes through administrative rather than judicial channels. Under regulation 10, any commercial operator aggrieved by an NT EPA fee calculation or capacity assessment is directed to use the internal administrative review mechanisms of section 108(1)(r) of the parent Act. These reviews are typically conducted by the NT EPA or resolved through the Northern Territory Civil and Administrative Tribunal (NTCAT) rather than generating precedent-setting common law in the Supreme Court.

Similarly, the infringement notice scheme detailed in Part 3 acts as a litigation suppression mechanism. By providing a clear statutory pathway under regulation 16 for the "expiation" of offences, the Regulations incentivise corporate and individual defendants to pay a set administrative fine to avoid court proceedings. This means that the vast majority of alleged violations under the parent Act or the National Pollutant Inventory Objective are settled out of court via payment, preventing the accumulation of formal criminal or civil case law surrounding the interpretation of these specific administrative provisions.

For compliance professionals and commercial operators, these Regulations contain several counter-intuitive provisions and hidden risks that can result in significant financial penalties or operational disruption:

The "Potential capacity" Pricing Trap

Under regulations 2B(2) and 3B(5), application and annual fees for hydrocarbon operations are calculated based on what the NT EPA determines could be handled or is likely to be handled, with reference to the "intended design and likely processing capacity" of the facility. An operator who builds a large bulk fuel facility but only utilises 10% of its capacity is still billed for the annual licence fee based on the facility's 100% maximum design capacity. There is no discount for under-utilisation or dormant infrastructure.

The Strict 30-Day Renewal Window

Under regulation 3, an application to renew a licence must be submitted within the narrow window of "not earlier than 90 days and not later than 30 days before the licence expires." If an operator submits their renewal application 29 days before expiry, the application is invalid under s 40(2)(a). The NT EPA cannot legally accept it as a renewal, forcing the operator to apply for a brand-new licence under regulation 2C. This triggers fresh application fees (345 revenue units) and, crucially, risks an operational shutdown if the existing licence expires before the new licence is assessed and granted.

The Multiple-Activity Multiplication Default

Under regulations 2D and 3C, if an industrial operation involves multiple activities listed in Schedule 2 of the Act, or operates across multiple premises, the application and annual fees are cumulative. The default calculation is to multiply the base fee by the number of activities or premises. While the NT EPA has the discretion under subregulation (3) to declare the activities a "single operation" and charge only the highest single fee, this is not automatic. The burden is entirely on the operator to petition the NT EPA and prove that compounding the fees is "unreasonable".

The Short-Licence Financial Penalty

If an operator requests a short-term licence of less than 2 years to complete a specific, temporary project, regulation 3A(a) imposes a financial penalty. The renewal fee for such a licence is automatically set equivalent to the full annual fee that would have been payable if the licence had been granted for 2 years or more, eliminating any cost savings associated with short-duration operations.

Electronic Payment Clearance Lag

Under regulation 15(1), an electronic payment of an infringement notice is not legally "effected" until the funds are actually credited to the payee's bank account. If an operator makes an electronic transfer on the 28th day of the expiation window, but the transaction takes 48 hours to clear due to interbank delays, the payment is technically late. The offence is not expiated within the statutory timeframe, leaving the operator legally vulnerable to prosecution.

To ensure compliance with the Regulations and avoid both administrative fines and criminal liability, Territory businesses should adopt a structured compliance protocol.

1. Conduct a Schedule 1 Inventory Audit

Every business operating in the Northern Territory must cross-reference their raw materials, operational by-products, and waste outputs against the sixty categories in Schedule 1. Special attention must be paid to:

PFAS Contamination: Any waste substances or physical articles containing or contaminated with PFAS (including legacy fire-fighting foams, soil, or packaging) must be treated as listed waste.
Contaminated Soils and Containers: Soils excavated from commercial sites that contain any trace of Schedule 1 chemicals, and empty drums or IBCs that previously held listed wastes, must be managed under full listed-waste controls.

2. Implement a Volumetric Ledger System

For businesses transporting or treating listed wastes (r 11), a formal ledger system must be implemented. The system must:

Log waste in both tonnes and kilolitres upon receipt or dispatch.
Categorise the exact handling activity (e.g., transport, storage, recycling, treatment, disposal).
Securely archive all data for a minimum of 24 months from the end of each 12-month reporting cycle.
Ensure these records are physically or digitally accessible at short notice, as failure to produce them to an authorised officer on request is a strict liability level 4 environmental offence (r 11(2)).

3. Establish a Licensing Calendar and Alert System

Compliance teams must program automated alerts for licence renewals based on the strict r 3 timelines:

90-Day Alert: Trigger the preparation of the renewal application and calculate the required revenue-unit fees.
30-Day Absolute Deadline: Ensure the application is physically or electronically lodged with the NT EPA before this date to prevent licence lapse.

4. Optimize Capacity Determinations

Before submitting approval or licence applications for hydrocarbon facilities, review the engineering design capacity:

If the physical pipework or tank infrastructure has a theoretical capacity far exceeding your intended operational throughput, consider installing physical restrictors or engineering controls that legally limit the "likely processing capacity."
Submit these certified engineering limitations to the NT EPA to argue for a lower capacity-based fee assessment under regulation 2B(6) and 3B(5).

5. Establish an Infringement Notice Protocol

In the event that an authorised officer issues an infringement notice under Part 3:

Verify the Details: Check that the notice contains all mandatory information required under regulation 14, including the correct offence description, dates, and court election forms.
Calculate the Clearance Window: If paying the fine, do not pay on the last day. Initiate electronic transfers at least 3 business days prior to the 28-day deadline to guarantee that the payment is credited to the payee's bank account in time (r 15(1)), ensuring full legal expiation (r 16).

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