Environment Protection (Movement of Controlled Waste) Policy 2014 (SA)

South Australia Environment Protection (Movement of Controlled Waste) Policy 2014 under the Environment Protection Act 1993

Contents Part 1—Preliminary 1 Short title 2 Interpretation 3 Application of policy 4 Purpose Part 2—Tracking of controlled waste 5 Approval of consignors 6 Consignment authorisations 7 Transporters must carry waste transport certificate and provide copy to receiver 8 Receivers must notify Authority of receipt of controlled waste 9 Consignors, transporters and receivers must notify Authority of defective waste transport certificate Part 3—Exemptions 10 Exemptions on national security or commercial grounds 11 Other exemptions Part 4—Reporting requirements 12 Authority must report to Minister Schedule 1—Controlled waste categories Schedule 2—Controlled waste characteristics Schedule 3—Waste transport certificate Part 1—Details relating to controlled waste, source facility, destination facility and date of dispatch Part 2—Details relating to transport of waste Part 3—Consignment authorisation (to be completed by the Authority) Part 4—Details relating to delivery of waste Schedule 4—Revocation of environment protection policy constituted of National Environment Protection (Movement of Controlled Waste between States and Territories) Measure Legislative history

Part 1—Preliminary 1—Short title This policy may be cited as the Environment Protection (Movement of Controlled Waste) Policy 2014. 2—Interpretation (1) In this policy, unless the contrary intention appears— Act means the Environment Protection Act 1993; consignment authorisation means— (a) in the case of the transport of controlled waste to a destination facility in this State—an authorisation granted by the Authority under clause 6; or (b) in the case of the transport of controlled waste to a destination facility in a participating State—a similar authorisation granted under a corresponding law; consignor, of controlled waste that is, or is to be, transported from a source facility means— (a) if the Authority has, under clause 5, approved a person to act as consignor of the waste—that person; or (b) in any other case—the operator of the facility; controlled waste means any waste of a category listed in column 1 of the table in Schedule 1 that has 1 or more characteristics listed in the table in Schedule 2; corresponding agency, in relation to a participating State, means an agency in that State whose functions correspond to those exercised by the Authority under this policy; corresponding law means the law of a participating State that corresponds to this policy; destination facility, in relation to a consignment of controlled waste, means the depot, facility or works to which the waste is, or is to be, delivered under the consignment; NEPM means the document titled National Environment Protection (Movement of Controlled Waste between States and Territories) Measure 1998 (prepared under the National Environment Protection Council Act 1994 of the Commonwealth) as in force from time to time; packaging group number has the same meaning as in the Australian Dangerous Goods Code for the Transport of Dangerous Goods by Road and Rail 7th edition; participating State means a participating State (other than this State), or a participating Territory, within the meaning of the NEPM; receiver, in relation to controlled waste, means the operator of the destination facility for the waste; registered owner, of a vehicle, means a person recorded in a register kept under the Motor Vehicles Act 1959, or a similar law of a participating State, as an owner of the vehicle; source facility, in relation to a consignment of controlled waste, means the depot, facility or works from which the controlled waste is first transported under the consignment; State of destination, in relation to controlled waste, means the participating State in which the destination facility is located; State of origin, in relation to controlled waste, means the participating State in which the source facility is located; transporter, of controlled waste, means, in the case of transport by road—the registered owner of the vehicle transporting the waste; vehicle includes an aircraft, vessel, trailer, train or rolling stock; waste code, in relation to a category of waste specified in column 1 of the table in Schedule 1, means the code specified in column 2 of that table for that category; waste transport certificate means the certificate set out in Schedule 3 or a similar certificate or form under a corresponding law; UN code—see footnote in the table in Schedule 2; UN number has the same meaning as in the Australian Dangerous Goods Code 7th edition. (2) In this policy, the expression mandatory provision followed by a statement as to the category of offence is to be taken to signify that contravention of the provision at the foot of which the expression appears is, for the purposes of Part 5 of the Act, an offence of the category so stated. Note— Unless the contrary intention appears, terms used in this policy that are defined in the Act have the respective meanings assigned to those terms by the Act. 3—Application of policy This policy does not apply in relation to— (a) the transport of controlled waste from a source facility located in this State to a destination facility located in this State; or (b) the temporary entry into, and transport through, this State of controlled waste from a source facility located in a participating State for delivery to a destination facility located in that participating State, provided that the transport within this State has been approved by the Authority; or (c) the transport of containers that— (i) contain residual amounts of controlled waste; and (ii) are intended for delivery to a place for refilling with waste of the same kind; or (d) the transport (other than for fee or reward) of unwanted farm chemicals for delivery to a drop‑off station designated by a collection scheme for such waste, provided that the collection scheme has been approved— (i) in the case of a drop‑off station located in this State—by the Authority; or (ii) in the case of a drop‑off station located in a participating State—by the corresponding agency in that State; or (e) the transport of controlled waste in accordance with a product recall authorised by the Australian Pesticides and Veterinary Medicines Authority, Food Standards Australia New Zealand or Therapeutic Goods Administration. 4—Purpose The purpose of this policy is to enable this State to participate in the national tracking of controlled waste, in particular the tracking of controlled waste— (a) that is transported from a participating State for delivery to a destination facility in this State; or (b) that is transported within this State for delivery to a destination facility in a participating State, in a manner and for purposes consistent with the NEPM.