12 New NSW Protection of the Environment Operations
Waste Regulations .
The 1 November 2014 changes are in response to calls from
landfill operators that the previous deduction categories were too
restrictive. Particularly, they did not encourage use of materials
quarried on site or recycled, which would otherwise be suitable for
road-making or construction works. Previously only new asphalt or
concrete was deductible.
Provided the material sourced complies with engineering and
chemical specifications set by the EPA, landfills are now able to
build roads or infrastructure without having to pay a levy for that
CLARIFICATION OF RESOURCE RECOVERY EXEMPTIONS
From 1 November 2014 the list of materials eligible for a levy
deduction in association with a specific operational purpose will
be expanded to include:
Materials that meet the specifications in the Waste Levy
Guidelines for the purpose of roads (or other construction works of
a kind specified in the Waste Levy Guidelines)
Tarpaulins and spray on foam for the purpose of daily cover of
waste of landfills sites in accordance with an environment
Drainage layer media (having a thickness not greater than 300
mm) placed over landfill base and side liners for the purpose of
stormwater management systems
Operational deductions are expanded to include quarried
materials onsite, or recycled materials that meet the
specifications of the Waste Levy Guidelines that are used at
As under the 2005 Regulations, applications must still be made
to the EPA to receive a levy deduction certificate authorising the
Further, electrical equipment and any other machinery for the
purpose of leachate collection systems have been removed from the
These amendments provide a table for occupiers of scheduled
waste facilities clearly listing the kind of waste acceptable and
the operational purpose setting out how that waste must be used to
receive the deduction. The additional deductions will provide
occupiers of scheduled waste facilities more opportunities to use
waste on site and receive deductions from the waste levy.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
This review has abstracts of recent developments relating to pollution and contaminated land in Australian jurisdictions.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).