The commencement of the new waste levy system on 1 August 2015
is the last tranche of the waste reforms that commenced on 1
November last year. A detailed analysis of all of the reforms is
A broader range of facilities will be captured. The thresholds
for the processing and storage of waste have been lowered. More
facilities will require an Environment Protection Licence
(EPL) as 'scheduled waste
facilities'. Operators of those new scheduled waste
facilities will be 'new contributors' to
the waste levy.
Operators will incur a levy liability on all waste received at
a scheduled waste facility. Payment of that liability will only be
triggered when certain events occur.
A new 'Authorised Amount'
(AA) limit will be imposed on EPLs in addition to
the existing limits. Breach of the AA will trigger payment of the
All waste facilities that have a levy liability must
install a weighbridge by 1 February 2016 although
there are limited exceptions.
Key dates and obligations
We recommend that all owners and occupiers of facilities that
accept, store, process and dispose of waste, review the new
thresholds and levy requirements to ensure they understand how
these requirements will apply to their facility and how to comply.
This may need to include a broad review of compliance policies and
systems as well as commercial contracts.
Our Norton Rose Fulbright team are recognised as leading
advisers to the waste sector throughout Australia and act for
international and domestic entities and all levels of Government in
relation to the full spectrum of the waste generation, management
and disposal chain. We would be delighted to assist you with
specific advice on the relevance of the proposed changes to your
business, including approval and licensing requirements and impacts
on existing agreements.
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The article is a review of recent developments in compliance, enforcement and prosecutions relating to environmental law.
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