Western Australia Environmental Protection Act 1986 Environmental Protection Regulations 1987 Western Australia Environmental Protection Regulations 1987 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 2AA. Terms used 1 Part 2 — Administrative matters 2A. Draft policies, where and when public may inspect (Act s. 26(1)(d)) 1 2B. Publication of Authority minutes and records 1 2C. Proposals of prescribed class (Act s. 38) 1 3. Details prescribed for records of referred proposals 1 Part 2A — Publication and confidentiality 3A. Terms used 1 3B. Authority may keep documentation relating to proposals confidential on request 1 3C. Authority must keep certain matters confidential 1 3D. Authority may keep certain matters relating to proposals confidential 1 Part 2B — Restricted decisions (Act s. 41) 3E. Application of Part 1 3F. Term used: petroleum activity involving hydraulic fracturing 1 3G. Hydraulic fracturing 1 3H. Planning and development 1 Part 3 — Control of pollution generally 4. Terms used; amounts of units for fees 1 5. Premises prescribed (Act Part V) 1 5A. Registration of Sch. 1 Part 2 premises, effect and cancellation of etc. 1 5B. Registration of premises, application for etc. 1 5BA. Fees prescribed for works approval (Act s. 54(1)) 1 5BB. Fees prescribed for amending works approval or licence (Act s. 59B(1)) 1 5C. Fees prescribed for transfer of works approval or licence (Act s. 64(1)) 1 5CA. Fee for works approval, CEO may waive 1 5CAA. Manner of advertising prescribed (Act s. 54(2a)) 1 5CB. Replacement of expiring licence, application for 1 5D. Prescribed premises, fee for licence for 1 5DA. Payment of licence fees 1 5E. Amount in r. 5D(1a)(c), calculation of 1 5EA. Fees under r. 5D(1a)(b) and (c), CEO may waive 1 5EB. Fees under r. 5D, CEO may waive 1 5F. Fee under r. 5D(1a)(c) if discharged waste harmless 1 5G. Maximum fees under r. 5D(1a) 1 5H. Partial refunds of fees for licences 1 5I. Certain matters relevant to fees to be determined by CEO 1 5IA. Compliance with best practice criteria may be condition of licence (Act s. 62(2)) 1 5J. Manner of advertising prescribed (Act s. 57(2a)) 1 5K. Details of discharge prescribed (Act s. 72(1)) 1 5L. Manner of notifying prescribed (Act s. 72) 1 5M. Changes in information given to Department, occupier etc. to notify Department of 1 5N. Transitional provision (reduced fees) 1 5O. Reduction, waiver, or refund of fees, CEO's powers as to 1 Part 3A — Use of mercury in manufacturing 5P. Terms used 1 5Q. Offence to conduct a prohibited manufacturing process 1 Part 4 — Audible alarms 6. Period prescribed for audible alarms (Act s. 99(1)(a)) 1 Part 5 — Appeals 7. Commencing appeals under Act Part VII, manner of 1 8. Decisions on appeals, Minister to publish 1 9. Decisions on appeals, persons to be notified of 1 Part 6 — Tyres 11. Terms used; calculating quantity of used tyres 1 12. Disposal and storage of tyres prescribed as alteration of environment (Act s. 3(1) pollution) 1 13. Transport of used tyres for reward etc., when permitted 1 13A. Tyre retailer not to damage used tyres 1 14. Disposal of tyres, permitted means for 1 15. Used tyres, storage of on licensed premises 1 Part 7 — Anti‑fouling paint 16. Organotin anti‑fouling paint, restrictions on use, sale etc. of 1 Part 7A — Burning on development sites 16A. Terms used 1 16B. Burning vegetation etc. on development sites in Sch. 5A areas restricted 1 Part 8 — Monitoring 17. Terms used 1 18. Conditions prescribed (Act s. 62(2)) 1 19. Approved monitoring equipment, to be used in specified monitoring programmes 1 20. Approved monitoring equipment, duty to ensure accuracy of 1 20A. Approved monitoring equipment, duty to comply with conditions of approval of 1 20B. Approved monitoring equipment, duty to report results of to CEO 1 20C. Approved monitoring equipment, presumption of accuracy of 1 20D. Report of specified monitoring programme, presumption of accuracy of measurement in 1 20E. Inaccurate measurement in r. 20B report, duty to notify CEO of 1 20F. Monitoring equipment, approval of 1 20G. Monitoring equipment, conditions of approval of 1 20H. Approval of monitoring equipment, revoking 1 20I. Appeal against r. 20F, 20G or 20H decision 1 20J. Revocation of approval, use of monitoring equipment pending determination of appeal against 1 20K. CEO's signature, judicial notice of 1 20KA. Guidelines for performance of CEO's functions, Minister may make etc. 1 20L. Review of this Part 1 Part 9 — Landfill levy 21. Terms used 1 22. Application of this Part 1 23. Exemptions from this Part; refunds etc. of levy 1 24. Financial assurance, CEO may require from licensee with r. 23(1)(b) exemption 1 25. Waste received at category 64 or 65 licensed landfill, calculating amount of 1 26. Waste disposed of in category 63 licensed landfill, calculating amount of 1 26A. Breach of r. 26, CEO may estimate amount in case of etc. 1 27. Levy, determining amount of 1 28. Financial assurance, licensees to pay 1 29. Records of waste received, licensees' duties as to 1 30. Levy, payment of; returns to be lodged 1 31. Audits, CEO's powers to direct etc. 1 32. CEO's decisions, review of and appeal against 1 33. Payment of levies is condition of licence 1 Part 9A — Prescribed classes of relevant schemes 33A. Terms used 1 33B. Prescribed classes of amendments to region planning schemes (Act s. 48AAA(2)) 1 33C. Prescribed classes of amendments to local planning schemes (Act s. 48AAA(2)) 1 Part 10 — Things seized or forfeited 34. Ways prescribed of dealing with seized things (Act s. 92B(1)) 1 35. Manner of giving notice prescribed (Act s. 92D) 1 36. Ways prescribed of disposing of thing forfeited to Crown (Act s. 99W(1)) 1 Part 11 — Modified penalties and Tier 2 offences 37. Form of modified penalty notice prescribed (Act s. 99B(1)) 1 38. Form of notice of withdrawal prescribed (Act s. 99D(1)) 1 39. Particulars prescribed (Act s. 99E(3)) 1 40. Where and when public may inspect register (Act s. 99F(2)) 1 Part 12 — Infringement notices and offences 41. Infringement notice offences and modified penalties prescribed (Act s. 99H and 99K) 1 42. Form of infringement notice prescribed (Act s. 99K(1)) 1 43. Form of notice of withdrawal prescribed (Act s. 99N(1)) 1 Part 13 — Miscellaneous 44. Maximum amount prescribed (Act s. 99Y(1)) 1 45. Image data sources (Act s. 116B(1)) 1 Schedule 1 — Prescribed premises Schedule 3 — Works approval fee Schedule 4 — Licence fee Part 1 — Premises component Part 2 — Part 2 waste Part 3 — Discharge component Schedule 5 — Tyre landfill exclusion zone Part 1 — Metropolitan Part 2 — Country Schedule 5A — Areas where burning matter on or from development sites is prohibited 1. Perth metropolitan area 1 2. Mandurah area 1 Schedule 6 — Infringement notice offences Schedule 7 — Forms Notes Compilation table 1 Other notes 1 Defined terms Environmental Protection Act 1986 Environmental Protection Regulations 1987 Part 1 — Preliminary [Heading inserted: Gazette 13 Sep 1996 p. 4545.] 1. Citation These regulations may be cited as the Environmental Protection Regulations 1987. 2. Commencement These regulations come into operation on the day on which section 3 of the Environmental Protection Act 1986 comes into operation. [Regulation 2 amended: Gazette 28 Jun 2016 p. 2631.] 2AA. Terms used In these regulations, unless the contrary intention appears — clean fill premises means premises on which all of the waste that is, or has ever been, accepted for burial is uncontaminated fill or clean fill, as determined by reference to the Landfill Waste Classification and Waste Definitions 1996; head office means the premises of the Authority at Level 8, The Atrium, 168 St Georges Terrace, Perth, Western Australia; hydraulic fracturing has the meaning given in the Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017 regulation 3; Landfill Waste Classification and Waste Definitions 1996 means the document of that name published by the Chief Executive Officer as amended from time to time; petroleum activity has the meaning given in the PGER Environment Regulations regulation 4; PGER Environment Regulations means the Petroleum and Geothermal Energy Resources (Environment) Regulations 2012. [Regulation 2AA inserted: Gazette 29 Sep 2006 p. 4261; amended: Gazette 28 Jun 2016 p. 2629; 27 Apr 2018 p. 1389‑90; SL 2024/244 r. 4.] Part 2 — Administrative matters [Heading inserted: Gazette 13 Sep 1996 p. 4545.] 2A. Draft policies, where and when public may inspect (Act s. 26(1)(d)) For the purposes of section 26(1)(d) of the Act — (a) the places at which a draft policy will be available for public inspection are — (i) the head office; and (ii) Lot 3 Anderson Road, Karratha Industrial Estate, Karratha, Western Australia, 6714; and (iii) 181‑205 Davey Street, Booragoon, Western Australia, 6154; and (iv) the corner of Dodson Road and South Western Highway, Bunbury, Western Australia, 6230; and (v) 1st Floor, The Foreshore Centre, 201 Foreshore Drive, Geraldton, Western Australia, 6530; and (b) the period during which a draft policy will be available for public inspection is the period of 21 days commencing on the last day on which a notice is published under that section in respect of the draft policy. [Regulation 2A inserted: Gazette 5 May 1989 p. 1379; amended: Gazette 24 Jan 1992 p. 362; 11 Dec 1998 p. 6598; 29 Sep 2006 p. 4261; 28 Jun 2016 p. 2629‑30.] 2B. Publication of Authority minutes and records (1) In this regulation — exempt matter means matter that is exempt under the Freedom of Information Act 1992 Schedule 1; minute means a minute of proceedings of a meeting of the Authority; record means a record kept under section 14A(7) of the Act. (2) Subject to subregulation (4), the Authority must — (a) cause a minute to be published within 6 months after the date of the meeting to which the minute relates; and (b) cause a record to be published within 6 months after the date of the decision to which the record relates. (3) The Authority may determine that a minute or record, or a part of a minute or record, contains exempt matter. (4) The Authority must not publish a minute or record, or a part of a minute or record, that is the subject of a determination under subregulation (3). (5) The Authority may revoke a determination made under subregulation (3). [Regulation 2B inserted: SL 2021/178 r. 9.] 2C. Proposals of prescribed class (Act s. 38) (1) In this regulation — existing petroleum authority area has the meaning given in the Petroleum and Geothermal Energy Resources (Hydraulic Fracturing) Regulations 2017 regulation 3A. (2) For the purposes of section 38(5)(b) and (5c)(b) of the Act a proposal is of a prescribed class if it involves a significant discharge of waste into the environment. (3) For the purposes of section 38(5)(b) and (5c)(b) of the Act a proposal is of a prescribed class if it involves a significant emission of noise, odour or electromagnetic radiation into the environment. (4) For the purposes of section 38(5)(b) and (5c)(b) of the Act a proposal is of a prescribed class if it involves a petroleum activity that — (a) is the subject of — (i) an environment plan submitted under the PGER Environment Regulations regulation 9; or (ii) a revision of an environment plan submitted under the PGER Environment Regulations regulation 18, 19 or 20; and (b) is to be carried out in an existing petroleum authority area; and (c) involves hydraulic fracturing. [Regulation 2C inserted: SL 2020/114 r. 4; amended: SL 2024/244 r. 5.] 3. Details prescribed for records of referred proposals The Authority must in a public record of a referred proposal kept under section 39 of the Act set out — (a) the title or number or other means of identification of the proposal; and (b) the name of, or the office or position held or acted in by, the proponent of the proposal. [Regulation 3 inserted: SL 2021/178 r. 10.] Part 2A — Publication and confidentiality [Heading inserted: SL 2021/178 r. 11.] 3A. Terms used In this Part each of the following terms has the meaning given in section 122B(1) of the Act — documentation publish submit [Regulation 3A inserted: SL 2021/178 r. 11.] 3B. Authority may keep documentation relating to proposals confidential on request (1) In this regulation — confidential material means either of the following — (a) trade secrets of a person; (b) confidential information (other than trade secrets) that has a commercial value to a person that would be, or could reasonably be expected to be, destroyed or diminished if the confidential information were published. (2) The proponent of a referred proposal or an approved proposal may, when submitting documentation to the Authority in relation to the proposal, request in writing that the Authority not publish the whole or part of the documentation (the relevant documentation) because of the confidential nature of the relevant documentation. (3) If a request is made under subregulation (2) by electronic communication (as defined in the Electronic Transactions Act 2011 section 5(1)), the Authority must acknowledge receipt of the request in writing. (4) On receipt of a request under subregulation (2) and, if subregulation (3) applies, after the Authority has acknowledged receipt of the request the Authority — (a) must, if satisfied that the whole or part of the relevant documentation contains confidential material, refrain from publishing that whole or part; and (b) may refrain from publishing the whole or part of the relevant documentation if the Authority — (i) is not satisfied of the matters referred to in paragraph (a); but (ii) is satisfied that it is desirable to refrain from publishing that whole or part because of the confidential nature of that whole or part. [Regulation 3B inserted: SL 2021/178 r. 11.] 3C. Authority must keep certain matters confidential (1) The Authority must refrain from publishing any BSB number or bank account number contained in documentation submitted to the Authority in relation to a referred proposal or an approved proposal. (2) Subregulation (1) applies whether or not a request has been made under regulation 3B(2). [Regulation 3C inserted: SL 2021/178 r. 11.] 3D. Authority may keep certain matters relating to proposals confidential (1) In this regulation — Aboriginal site has the meaning given in the Aboriginal Heritage Act 1972 section 4; native species has the meaning given in the Biodiversity Conservation Act 2016 section 5(1); priority list means either of the following — (a) the document titled "Threatened and Priority Flora List", as retitled or amended from time to time, published by the department principally assisting in the administration of the Biodiversity Conservation Act 2016 (the department) on its website; (b) the document titled "Threatened and Priority Fauna List", as retitled or amended from time to time, published by the department on its website; species has the meaning given in the Biodiversity Conservation Act 2016 section 5(1); threatened species has the meaning given in the Biodiversity Conservation Act 2016 section 5(1). (2) The Authority may at any time refrain from publishing any of the following information if it is confidential (whether or not a request has been made under regulation 3B(2)) — (a) personal information; (b) the precise location of any of the following — (i) a threatened species; (ii) any other species listed, designated or declared as threatened, endangered or vulnerable under or for the purposes of a written law; (iii) a listed threatened species as defined in the Commonwealth Environment Act section 528; (iv) a species listed on a priority list; (v) a breeding area of a species referred to in subparagraphs (i) to (iv); (c) the precise location of a population of a native species, or a breeding area of a native species, if the Authority considers that the survival of a population of the native species could be threatened by — (i) publishing that information; or (ii) the presence or actions of persons if that information were published; (d) the precise location of an Aboriginal site, if the precise location of that site is identified in documentation provided to the Authority in relation to a referred proposal or an approved proposal. [Regulation 3D inserted: SL 2021/178 r. 11; amended: SL 2023/50 r. 9; SL 2023/170 r. 9.] Part 2B — Restricted decisions (Act s. 41) [Heading inserted: SL 2024/244 r. 6.] 3E. Application of Part This Part applies for the purposes of the definition of restricted decision in section 41(1A) of the Act. [Regulation 3E inserted: SL 2024/244 r. 6.] 3F. Term used: petroleum activity involving hydraulic fracturing In this Part — petroleum activity involving hydraulic fracturing — (a) means a petroleum activity that is or includes hydraulic fracturing; and (b) includes a proposed activity and any stage of an activity. [Regulation 3F inserted: SL 2024/244 r. 6.] 3G. Hydraulic fracturing A decision is a restricted decision if it — (a) relates to a petroleum activity involving hydraulic fracturing; and (b) is made under any of the following provisions — (i) the PGER Environment Regulations regulations 10, 11, 12, 22 and 23; (ii) the Petroleum and Geothermal Energy Resources (Resource Management and Administration) Regulations 2015 regulations 13, 16, 44, 47, 51 and 59; (iii) the Petroleum Pipelines (Environment) Regulations 2012 regulations 10, 11, 12, 22 and 23; (iv) the Petroleum (Submerged Lands) (Environment) Regulations 2012 regulations 10, 11, 12, 22 and 23; (v) the Petroleum (Submerged Lands) (Resource Management and Administration) Regulations 2015 regulations 13, 16, 21, 44, 47, 51 and 59. [Regulation 3G inserted: SL 2024/244 r. 6.] 3H. Planning and development (1) In this regulation — enabling Act, original jurisdiction, review jurisdiction and Tribunal have the meanings given in the State Administrative Tribunal Act 2004 section 3(1); planning legislation means any of the following — (a) the Community Titles Act 2018; (b) the Forrest Place and City Station Development Act 1985; (c) the Hope Valley‑Wattleup Redevelopment Act 2000; (d) the Metropolitan Redevelopment Authority Act 2011; (e) the Perry Lakes Redevelopment Act 2005; (f) the Planning and Development Act 2005; (g) the Port Authorities Act 1999; (h) the Strata Titles Act 1985; (i) the Swan and Canning Rivers Management Act 2006 Part 5; (j) the Swan Valley Planning Act 2020; (k) without limiting the application of the Interpretation Act 1984 section 46(1) to paragraphs (a) to (j), a plan or scheme referred to in paragraph (c), (d), (f), (g), (i) or (j) of the definition of scheme in section 3(1) of the Act. (2) A decision made under planning legislation is a restricted decision. (3) A decision of the Tribunal is a restricted decision if — (a) the enabling Act in respect of the decision is planning legislation (or a portion of planning legislation); or (b) the decision otherwise relates to — (i) a decision of another public authority made under planning legislation (including in a case where the other public authority is taken to have made the decision); or (ii) a failure or omission by another public authority to make a decision under planning legislation. (4) Subregulation (3) applies whether the Tribunal is acting — (a) in the exercise of its original jurisdiction or review jurisdiction; or (b) in any other case. (5) Subregulation (3) does not limit the application of subregulation (2) to decisions of the Tribunal. [Regulation 3H inserted: SL 2024/244 r. 6.] Part 3 — Control of pollution generally [Heading inserted: Gazette 13 Sep 1996 p. 4545.] 4. Terms used; amounts of units for fees (1) In this Part, unless the contrary intention appears — best practice criteria means criteria specified by the Chief Executive Officer that require the establishment and implementation of — (a) an environmental policy; and (b) environmental performance objectives; and (c) continual improvement programmes; and (d) environmental management and audit plans; and (e) other measures that the Chief Executive Officer considers necessary for good environmental performance and management; category means a category of premises specified in Schedule 1; licence means a licence under Part V of the Act; licence period means — (a) in relation to an application for a licence — the period to which the application relates; (b) in relation to a licence — the period covered by the licence. (2) A reference in this Part to a kind of waste is a reference to both the type of waste and the nature of its discharge into the environment. (3) A reference in this Part or a Schedule to a category followed by a designation is a reference to the category so designated in the first column of Schedule 1. (4) A reference in Part 3 of Schedule 4 to the Swan Coastal Plain is a reference to the area defined in Schedule 1 to the Environmental Protection (Swan Coastal Plain Lakes) Policy Approval Order 1992 1. (5) In regulations 5B, 5CB, 5DA and 5F and in Schedule 3 fee amounts are expressed in units or fractions of a unit, one unit being equivalent to the amount specified in column 2 of the Table to this subregulation during the period specified in column 1 of that Table. Table Column 1 Column 2 Period $ Beginning on 1 July 2013 and ending on 30 June 2014 30.40 Beginning on 1 July 2014 and ending on 30 June 2015 31.60 Beginning on 1 July 2015 and ending on 30 June 2016 32.90 Beginning on 1 July 2016 and ending on 30 June 2017 34.20 Beginning on 1 July 2017 and ending on 30 June 2018 35.60 Beginning on 1 July 2018 and ending on 30 June 2022 40.60 On and from 1 July 2022 43.45 (6) In Schedule 4 Part 1 fee amounts are expressed in units or fractions of a unit and, for a financial year, one unit is equivalent to the amount specified in column 2 of the Table to this subregulation for that year. Table Column 1 Column 2 Period $ Beginning on 1 July 2013 and ending on 30 June 2014 30.40 Beginning on 1 July 2014 and ending on 30 June 2015 31.60 Beginning on 1 July 2015 and ending on 30 June 2016 32.90 Beginning on 1 July 2016 and ending on 30 June 2017 34.20 Beginning on 1 July 2017 and ending on 30 June 2018 35.60 Beginning on 1 July 2018 and ending on 30 June 2022 40.60 On and from 1 July 2022 43.45 (7) In Schedule 4 Parts 2 and 3 fee amounts are expressed in units or fractions of a unit and, for a financial year, one unit is equivalent to the amount specified in column 2 of the Table to this subregulation for that year. Table Column 1 Column 2 Period $ Beginning on 1 July 2013 and ending on 30 June 2014 42.60 Beginning on 1 July 2014 and ending on 30 June 2015 44.30 Beginning on 1 July 2015 and ending on 30 June 2016 46.10 Beginning on 1 July 2016 and ending on 30 June 2017 47.90 Beginning on 1 July 2017 and ending on 30 June 2018 49.80 Beginning on 1 July 2018 and ending on 30 June 2022 56.80 On and from 1 July 2022 62.50 [Regulation 4 inserted: Gazette 13 Sep 1996 p. 4546; amended: Gazette 12 Sep 1997 p. 5150; 4 Aug 2000 p. 4199‑200; 9 Sep 2003 p. 4053; 22 Jun 2004 p. 2143‑4; 12 Oct 2004 p. 4755; 22 Jun 2007 p. 2839‑41; 18 Jun 2013 p. 2294-5; 28 Jun 2016 p. 2630; 12 Jun 2018 p. 1887‑8; SL 2022/68 r. 4.] 5. Premises prescribed (Act Part V) The premises specified in Schedule 1 are prescribed premises for the purposes of Part V of the Act. [Regulation 5 inserted: Gazette 13 Sep 1996 p. 4546.] 5A. Registration of Sch. 1 Part 2 premises, effect and cancellation of etc. (1) An occupier of premises specified in Part 2 of Schedule 1 may apply for registration of those premises under regulation 5B. (2) An occupier who so applies does not commit an offence under section 56 of the Act in respect of those premises while the application is pending. (3) If premises specified in Part 2 of Schedule 1 are registered under regulation 5B, section 56 of the Act does not apply to the occupier of those premises. (4) If premises specified in Schedule 1 Part 2 are registered under regulation 5B and the Chief Executive Officer is satisfied that the occupier of the premises — (a) has been convicted in any court of an offence — (i) against the Act or regulations made under the Act; and (ii) that relates to the premises; or (b) has operated, conducted, managed, or controlled the premises in a manner which is detrimental to the environment, the Chief Executive Officer may, by notice in writing served on the occupier of the premises, cancel the registration of the premises. (5) If the registration of premises is cancelled under subregulation (4), the occupier of the premises may apply to the Chief Executive Officer in writing in a form approved by the Chief Executive Officer for reinstatement of the registration. (6) The Chief Executive Officer may reinstate the registration if the occupier satisfies the Chief Executive Officer that the occupier will not — (a) contravene a provision of the Act or regulations made under the Act that relate to the premises; or (b) operate, conduct, manage, or control the premises in a manner which is detrimental to the environment. (7) If the registration of the premises is reinstated under subregulation (6), section 56 of the Act does not apply to the occupier of those premises. [Regulation 5A inserted: Gazette 13 Sep 1996 p. 4546; amended: Gazette 15 Aug 2000 p. 4711‑12.] 5B. Registration of premises, application for etc. [(1) deleted] (2) An application for registration of premises is to be — (a) in a form approved by the Chief Executive Officer; and (ab) made by the occupier of the premises; and (b) accompanied by a plan showing the boundaries of the land on which the premises are situated and the layout of the premises; and (c) accompanied by a fee of 24 units unless the occupier of the premises holds a licence in respect of the premises. (3) The Chief Executive Officer is to grant an application made under subregulation (2) and enter details of the registered premises in a register kept for that purpose. (4) A person who becomes the occupier of registered premises and who does not — (a) notify the Chief Executive Officer of that fact within 30 days of becoming the occupier; and (b) include with the notification a recording fee of 2 units, commits an offence. Penalty: $5 000. (5) On receipt of a notification and fee under subregulation (4), the Chief Executive Officer is to make the necessary alterations to the register. [Regulation 5B inserted: Gazette 13 Sep 1996 p. 4546‑7; amended: Gazette 11 Dec 1998 p. 6599; 15 Aug 2000 p. 4712; 8 May 2012 p. 1893.] 5BA. Fees prescribed for works approval (Act s. 54(1)) (1) The fee prescribed for the purposes of section 54(1)(b) of the Act is the appropriate fee specified in Schedule 3 determined on the basis of the cost of the works that are the subject of the application. (2) In determining the cost of works for the purposes of this regulation, no account is to be taken of — (a) the cost of land; or (b) the cost of buildings to be used for purposes unrelated to the purposes in respect of which the premises are, or will become, prescribed premises; or (c) consultancy fees paid or to be paid in relation to those works. [Regulation 5BA inserted: Gazette 28 Jun 2016 p. 2630.] 5BB. Fees prescribed for amending works approval or licence (Act s. 59B(1)) For the purpose of section 59B(1)(b) of the Act, the fee prescribed for an application for an amendment to a works approval or licence is based on a unit value of $13.60 per unit, calculated — (a) for a single category of prescribed premises to which the works approval or licence relates — by using the unit number corresponding to the prescribed premises category in Schedule 4 Part 1; or (b) for multiple categories of prescribed premises to which the works approval or licence relates — by using the highest unit number corresponding to the prescribed premises categories in Schedule 4 Part 1. [Regulation 5BB inserted: Gazette 28 Jun 2016 p. 2630‑1; amended: Gazette 12 Jun 2018 p. 1888; SL 2022/68 r. 5.] 5C. Fees prescribed for transfer of works approval or licence (Act s. 64(1)) For the purpose of section 64(1)(b) of the Act the fee prescribed for the transfer of a works approval or licence is $71.20. [Regulation 5C inserted: Gazette 28 Jun 2016 p. 2631; amended: Gazette 12 Jun 2018 p. 1888.] 5CA. Fee for works approval, CEO may waive If, in respect of an application for a works approval under section 54 of the Act, the Chief Executive Officer is satisfied that the environmental performance and management of the premises to which the application relates conform to best practice criteria, the Chief Executive Officer may waive any amount otherwise payable under regulation 5BA(1) in respect of the works approval. [Regulation 5CA inserted: Gazette 15 Aug 2000 p. 4713; amended: SL 2022/68 r. 6.] 5CAA. Manner of advertising prescribed (Act s. 54(2a)) (1) For the purposes of section 54(2a) of the Act, the CEO is to advertise the application for a works approval in an advertisement published in a newspaper circulated daily in the State. (2) The advertisement is to include — (a) a statement indicating submissions about the application may be sent to the Department of Environment 2 at the address and within the time period specified in the advertisement; and (b) the following particulars — (i) the category of prescribed premises under Schedule 1 that describes the main function of the premises to which the application relates; (ii) the name of the applicant; (iii) the locality of the premises to which the application relates; (iv) the reference number for the application. [Regulation 5CAA inserted: Gazette 23 Nov 2004 p. 5222‑3.] 5CB. Replacement of expiring licence, application for (1) An application for a licence to replace an existing licence on the expiry of the existing licence must be made by the licence holder of the existing licence more than 70 days before the day on which the existing licence expires. (2) A licence holder who makes an application described in subregulation (1) 70 days or less than 70 days before the expiry of the existing licence but more than 42 days before the expiry must pay a late application fee of 10 units. (3) A licence holder who makes an application described in subregulation (1) 42 days or less than 42 days before the expiry of the existing licence must pay a late application fee of 20 units. [Regulation 5CB inserted: Gazette 22 Jun 2004 p. 2144.] 5D. Prescribed premises, fee for licence for (1) The total amount of the fee for a licence in respect of prescribed premises is the sum of the following amounts — the amount for each financial year, or part of a financial year, in the licence period worked out under subregulation (1a) (reduced pro rata for a part of a financial year). (1a) Subject to subregulations (3) and (4) and regulation 5G (the maximum fee), the amount for a financial year is the sum of the paragraph (a) amount and the larger of the paragraph (b) amount and the paragraph (c) amount — (a) the amount specified in the third column of Part 1 of Schedule 4 for the financial year for the relevant category, and the relevant production or design capacity (where applicable), of the premises specified in the first and second columns of that Part; (b) in respect of premises within category 5, 6, 7, 8, 9, 12, 14, 44, 46, 53, 54A, 70, 80 or 85B, where the operation of the premises involves the discharge of Part 2 waste — the amount specified in the second column of Part 2 of Schedule 4 for the financial year for the relevant quantity of such waste specified in the first column of that Part that is permitted to be discharged from the premises; (c) the amount for the financial year is the sum of the following amounts — the amount worked out under regulation 5E for each kind of waste to be discharged from the premises. (2) If any premises occupied by the same person, as determined by the Chief Executive Officer, fall within more than one category specified in the first column of Part 1 of Schedule 4, the amount payable in respect of those premises under subregulation (1a)(a) is that appropriate to the category in respect of which the higher or highest amount is payable. (3) No amount is payable under subregulation (1a)(c) in respect of bitterns discharges or discharges from category 14 premises. (4) No amount is payable under subregulation (1a)(c) in respect of water discharge from category 6 premises. [(5) deleted] (6) In this regulation and Schedule 4 — Part 2 waste means waste consisting of — (a) tailings; or (b) bitterns; or (c) water to allow mining of ore; or (d) flyash; or (e) waste water from a desalination plant. [Regulation 5D inserted: Gazette 13 Sep 1996 p. 4547; amended: Gazette 10 Dec 1996 p. 6876‑7; 15 Aug 2000 p. 4713; 22 Jun 2004 p. 2144‑5; 13 Dec 2005 p. 5982-3; 22 Jun 2007 p. 2841; SL 2022/68 r. 7.] 5DA. Payment of licence fees (1) An application for a licence for a period of one year or less must be accompanied by the total amount of the fee worked out under regulation 5D. (2) An application for a licence for a period of more than one year must be accompanied by the fee for the first year of the licence period, worked out under regulation 5D as if the licence period were that first year. (3) For a licence for a period of more than one year, the licence holder must, before each anniversary of the grant of the licence, pay the fee for the subsequent period (the shorter of the remainder of the licence period or the next year), worked out under regulation 5D as if the licence period were that subsequent period. (4) If the licence holder does not pay a fee under subregulation (3) on time, the licence holder must pay, in addition to the fee under subregulation (3) — (a) if the licence holder pays the fee under subregulation (3) before the end of the period of 30 days after the anniversary before which the fee should have been paid — a late payment fee of 10 units; or (b) otherwise — a late payment fee of 20 units. (5) For the purposes of section 59A(1) of the Act, each of the following is a ground for revocation or suspension of a licence — (a) the licence holder does not pay a fee under subregulation (3) before the end of the period of 60 days after the anniversary before which the fee should have been paid; (b) the licence holder does not pay a late payment fee under subregulation (4)(a) or (b) before the end of the period of 60 days after the anniversary before which the fee under subregulation (3) should have been paid. (6) Subregulations (4) and (5) apply only if the anniversary before which the fee under subregulation (3) should have been paid is after validation day. (7) On and after validation day, subregulation (4) (but not subregulation (5)), as deleted by the Environmental Protection Amendment Act 2024 section 49, continues to apply as if that subregulation (4) were still in force for cases where — (a) a licence holder does not pay a fee under subregulation (3) on time; and (b) the anniversary before which the fee should have been paid is on or before validation day. (8) In subregulations (6) and (7) — validation day has the meaning given in section 138 of the Act. [Regulation 5DA inserted: Gazette 22 Jun 2004 p. 2145‑6; amended: No. 36 of 2024 s. 49.] 5E. Amount in r. 5D(1a)(c), calculation of (1) Subject to this regulation, the amount under regulation 5D(1a)(c) for a financial year for a particular kind of waste is to be worked out under Part 3 of Schedule 4 on the basis of the rate at which the waste is permitted to be discharged from the premises during the licence period — the rate (in the units specified for that kind of waste in Part 3 of Schedule 4) being the quantity of waste permitted to be discharged from the premises during the licence period averaged over the licence period. (2) If, in respect of an application for a licence, the Chief Executive Officer is satisfied that the quantity of a particular kind of waste discharged from the premises in the year immediately preceding the licence period has been accurately measured, the rate in subregulation (1) in respect of such waste may, at the discretion of the Chief Executive Officer, be determined on the basis of the quantity so measured averaged over a period of one year. (3) If, in respect of an application for a licence, the Chief Executive Officer is satisfied that — (a) the applicant has put in place appropriate procedures for the accurate measurement of the quantity of a particular kind of waste to be discharged from the premises; and (b) the quantity of such waste to be discharged from the premises during the licence period has been accurately calculated, the rate in subregulation (1) in respect of such waste may, at the discretion of the Chief Executive Officer, be determined on the basis of that quantity averaged over the licence period. (4) If an approved policy specifies standards for the discharge of a particular kind of waste and those standards apply to premises which are the subject of an application for a licence, the amount for the financial year in respect of such waste, as determined under subregulation (1), (2) or (3), is increased by 50% for those premises. [Regulation 5E inserted: Gazette 13 Sep 1996 p. 4548; amended: Gazette 22 Jun 2004 p. 2146‑7; 22 Jun 2007 p. 2841.] 5EA. Fees under r. 5D(1a)(b) and (c), CEO may waive If, in respect of an application for a licence, the Chief Executive Officer is satisfied that the environmental performance and management of the premises to which the application relates conform to best practice criteria, the Chief Executive Officer is to waive any amount otherwise payable under regulation 5D(1a)(b) or (c) in respect of the licence. [Regulation 5EA inserted: Gazette 12 Sep 1997 p. 5150; amended: Gazette 22 Jun 2004 p. 2147.] 5EB. Fees under r. 5D, CEO may waive If in respect of an application for a licence, the Chief Executive Officer is satisfied that the production or design capacity of the premises is so small that it would be unreasonable to impose a fee, the Chief Executive Officer is to waive any amount otherwise payable under regulation 5D in respect of the licence. [Regulation 5EB inserted: Gazette 15 Aug 2000 p. 4713.] 5F. Fee under r. 5D(1a)(c) if discharged waste harmless (1) Despite regulation 5D(1a)(c), an amount of 25 units for the financial year may be paid in respect of waste to be discharged onto land instead of the amount worked out under regulation 5E, if the Chief Executive Officer is satisfied that the method of discharge renders the waste harmless to the environment. [(2) deleted] [Regulation 5F inserted: Gazette 13 Sep 1996 p. 4548; amended: Gazette 22 Jun 2004 p. 2147; 22 Jun 2007 p. 2841.] 5G. Maximum fees under r. 5D(1a) (1) For the purposes of regulation 5D(1a), the amount for a financial year cannot exceed the maximum amount for the financial year worked out in accordance with this regulation. (2) If the amount worked out under regulation 5D(1a)(c) is predominantly attributable to the discharge of waste into air or onto land and the total amount or a component of that total amount is subject to the increase specified in regulation 5E(4) — the maximum fee for the financial year is the amount specified in column 2 of the Table to this subregulation for the financial year. Table Column 1 Column 2 Financial year $ Beginning on 1 July 2007 and ending on 30 June 2008 605 000.00 Beginning on 1 July 2008 and ending on 30 June 2009 705 000.00 Beginning on 1 July 2009 and ending on 30 June 2010 755 000.00 Beginning on 1 July 2010 and ending on 30 June 2011 805 000.00 Beginning on 1 July 2011 and ending on 30 June 2012 855 000.00 Beginning on 1 July 2012 and ending on 30 June 2018 905 000.00 On and from 1 July 2018 1 030 000.00 (3) If the amount worked out under regulation 5D(1a)(c) is predominantly attributable to the discharge of waste into air or onto land and neither the total amount nor a component of that total amount is subject to the increase specified in regulation 5E(4) — the maximum fee for the financial year is the amount specified in column 2 of the Table to this subregulation for the financial year. Table Column 1 Column 2 Financial year $ Beginning on 1 July 2007 and ending on 30 June 2008 550 000.00 Beginning on 1 July 2008 and ending on 30 June 2009 650 000.00 Beginning on 1 July 2009 and ending on 30 June 2010 700 000.00 Beginning on 1 July 2010 and ending on 30 June 2011 750 000.00 Beginning on 1 July 2011 and ending on 30 June 2012 800 000.00 Beginning on 1 July 2012 and ending on 30 June 2018 850 000.00 On and from 1 July 2018 970 000.00 (4) If the amount worked out under regulation 5D(1a)(c) is predominantly attributable to the discharge of waste into waters — the maximum fee for the financial year is the amount specified in column 2 of the Table to this subregulation for the financial year. Table Column 1 Column 2 Financial year $ Beginning on 1 July 2007 and ending on 30 June 2008 640 000.00 Beginning on 1 July 2008 and ending on 30 June 2009 740 000.00 Beginning on 1 July 2009 and ending on 30 June 2010 790 000.00 Beginning on 1 July 2010 and ending on 30 June 2011 840 000.00 Beginning on 1 July 2011 and ending on 30 June 2012 890 000.00 Beginning on 1 July 2012 and ending on 30 June 2018 940 000.00 On and from 1 July 2018 1 070 000.00 (5) If the amount worked out under regulation 5D(1a)(c) is equally attributable to the discharge of waste into air or onto land and the discharge of waste into waters — the maximum fee for the financial year is the amount specified in column 2 of the Table to this subregulation for the financial year. Table Column 1 Column Financial year $ Beginning on 1 July 2007 and ending on 30 June 2008 640 000.00 Beginning on 1 July 2008 and ending on 30 June 2009 740 000.00 Beginning on 1 July 2009 and ending on 30 June 2010 790 000.00 Beginning on 1 July 2010 and ending on 30 June 2011 840 000.00 Beginning on 1 July 2011 and ending on 30 June 2012 890 000.00 Beginning on 1 July 2012 and ending on 30 June 2018 940 000.00 On and from 1 July 2018 1 070 000.00 [Regulation 5G inserted: Gazette 22 Jun 2004 p. 2147‑50; amended: Gazette 22 Jun 2007 p. 2841‑3; 12 Jun 2018 p. 1888‑9.] 5H. Partial refunds of fees for licences (1) If an application for a licence is refused, the Chief Executive Officer is to — (a) deduct from the fee which accompanied the application such amount as the Chief Executive Officer considers reasonable to meet the administrative costs associated with determining the application; and (b) refund the balance of the fee to the applicant. (2) If — (a) a fee paid in respect of a licence comprised an amount determined under regulation 5E(2) or (3); and (b) the Chief Executive Officer is satisfied that the quantity of waste discharged from the premises during the term of the licence (the actual discharge) is less than the quantity used as the basis for determining that amount; and (c) an application for a refund is made in writing in a form approved by the Chief Executive Officer by the person who is the licensee at the end of the term of the licence — (i) on an application for another licence in respect of the same premises made within 3 months of the end of the term of the expired licence; or (ii) within 3 months of the end of the term of the licence, the Chief Executive Officer is to refund to the licensee the difference between the fee that would have been payable if the amount under regulation 5E had been determined on the basis of the actual discharge and the fee paid. (3) If — (a) a fee paid in respect of a licence comprised an amount under regulation 5D(1)(b) or (c); and (b) the Chief Executive Officer determines during the term of that licence that the environmental performance and management of the premises to which the licence relates conform to best practice criteria, the Chief Executive Officer is to refund to the licensee an amount which bears the same proportion to the amount referred to in paragraph (a) as the unexpired portion of the term of licence (calculated from the day of the determination referred to in paragraph (b)) bears to the term of the licence. [Regulation 5H inserted: Gazette 13 Sep 1996 p. 4549; amended: Gazette 12 Sep 1997 p. 5150; 15 Aug 2000 p. 4713‑14; 22 Jun 2004 p. 2150.] 5I. Certain matters relevant to fees to be determined by CEO For the purposes of determining the amount of a fee under this Part, any question relating to the cost of works, the production or design capacity of premises, or the kind or quantity of waste discharged or to be discharged from premises is to be determined by the Chief Executive Officer. [Regulation 5I inserted: Gazette 13 Sep 1996 p. 4549.] 5IA. Compliance with best practice criteria may be condition of licence (Act s. 62(2)) For the purposes of section 62(2) of the Act the Chief Executive Officer may specify as a condition of a licence that the licensee is to comply with best practice criteria in relation to the environmental performance and management of the premises to which the licence relates. [Regulation 5IA inserted: Gazette 12 Sep 1997 p. 5151; amended: Gazette 20 Aug 2013 p. 3856.] 5J. Manner of advertising prescribed (Act s. 57(2a)) (1) For the purposes of section 57(2a) of the Act, the CEO is to advertise the application for a licence in an advertisement published in a newspaper circulated daily in the State. (2) The advertisement is to include — (a) a statement indicating submissions about the application may be sent to the Department of Environment 2 at the address and within the time period specified in the advertisement; and (b) the following particulars — (i) the category of prescribed premises under Schedule 1 that describes the main function of the premises to which the application relates; (ii) the name of the applicant; (iii) the locality of the premises to which the application relates; (iv) the reference number for the application. [Regulation 5J inserted: Gazette 23 Nov 2004 p. 5223.] 5K. Details of discharge prescribed (Act s. 72(1)) For the purposes of section 72(1) of the Act the prescribed details of a discharge of waste are — (a) the time and the address of the premises on or from which the discharge occurred and a map of the premises showing the location of the discharge; and (b) if the discharge of the waste was a result of the operation of equipment or otherwise, the name of the person operating the equipment or otherwise responsible for the discharge of the waste; and (c) the composition of the waste; and (d) the quantity of the waste discharged; and (e) whether or not the discharge caused pollution and, if so, the nature and extent of the pollution; and (f) the action taken by the occupier of the premises to minimize the effect on the environment of the discharge of waste; and (g) whether or not the waste involved in the discharge has been removed, dispersed, destroyed, disposed of or otherwise dealt with, and if so, the manner in which the waste was removed, dispersed, destroyed, disposed of or otherwise dealt with. [Regulation 5K inserted: Gazette 11 Dec 1998 p. 6599.] 5L. Manner of notifying prescribed (Act s. 72) (1) A notification to the Chief Executive Officer under section 72 of the Act may be given by telephone or facsimile. (2) If the notification is given by telephone, notification in writing must be given to the Chief Executive Officer as soon as practicable after the telephone notification. [Regulation 5L inserted: Gazette 11 Dec 1998 p. 6600.] 5M. Changes in information given to Department, occupier etc. to notify Department of (1) If the occupier of premises registered under regulation 5B becomes aware — (a) of a change in a material particular in the information provided in the application for the registration; or (b) that the operation of the registered premises has changed in a material manner after the registration was granted, the occupier must promptly notify the Department of the change in a form approved by the Chief Executive Officer. (2) If a person to whom a works approval has been granted under section 54 of the Act becomes aware of a change in a material particular in the information provided to the Department in the application for the works approval, or in the course of the processing of the application for the works approval, then the occupier must promptly notify the Department of the change in a form approved by the Chief Executive Officer. (3) If a person to whom a licence has been granted under section 57 of the Act becomes aware of a change in a material particular in the information provided to the Department in the application for the licence, or in the course of the processing of the application for the licence, then the occupier must promptly notify the Department of the change in a form approved by the Chief Executive Officer. (4) A person who contravenes subregulation (1), (2), or (3) commits an offence. Penalty: $5 000. [Regulation 5M inserted: Gazette 15 Aug 2000 p. 4714‑15.] 5N. Transitional provision (reduced fees) If a fee prescribed under this Part is paid by a person (the payer) on or after 1 October 1998 but before the Environmental Protection Amendment Regulations (No. 3) 2000 come into force, the Chief Executive Officer may refund to the payer the portion of the fee that exceeds the fee payable under this Part had those regulations come into force on 1 October 1998. [Regulation 5N inserted: Gazette 15 Aug 2000 p. 4715.] 5O. Reduction, waiver, or refund of fees, CEO's powers as to The Chief Executive Officer may reduce, waive, or refund, in whole or part, any fee referred to in these regulations relating to a works approval, licence, or registration. [Regulation 5O inserted: Gazette 15 Aug 2000 p. 4715.] Part 3A — Use of mercury in manufacturing [Heading inserted: SL 2021/190 r. 4.] 5P. Terms used In this Part — mercury means elemental mercury (Hg(0), CAS No. 7439‑97‑6); mercury‑added product means a product or product component that contains mercury or a mercury compound that was intentionally added; mercury compound means any substance consisting of atoms of mercury and 1 or more atoms of another chemical element, which can only be separated into different components by a chemical reaction; prohibited manufacturing process — (a) means a process that uses mercury or a mercury compound to produce any of the following — (i) acetaldehyde; (ii) chlor‑alkali; (iii) polyurethane; (iv) potassium ethylate; (v) potassium methylate; (vi) sodium ethylate; (vii) sodium methylate; (viii) vinyl chloride monomer; but (b) does not include a process that uses a mercury‑added product instead of mercury or a mercury compound. [Regulation 5P inserted: SL 2021/190 r. 4.] 5Q. Offence to conduct a prohibited manufacturing process A person must not conduct a prohibited manufacturing process. Penalty: a fine of $20 000. [Regulation 5Q inserted: SL 2021/190 r. 4.] Part 4 — Audible alarms [Heading inserted: Gazette 13 Sep 1996 p. 4545.] 6. Period prescribed for audible alarms (Act s. 99(1)(a)) For the purposes of section 99(1)(a), the prescribed period is 30 minutes. Part 5 — Appeals [Heading inserted: Gazette 13 Sep 1996 p. 4545.] 7. Commencing appeals under Act Part VII, manner of (1) A person lodging an appeal under Part VII of the Act must — (a) sign the appeal and address it to the Minister; and (b) set out in the appeal — (i) in the case of an appeal lodged under section 100 of the Act, the title or number or other means of identification of the relevant proposal and the name of, or the office or position held or acted in by, the proponent of that proposal; and (ii) in the case of an appeal lodged under section 102 of the Act in respect of a works approval or licence, the name of the applicant or holder of the works approval or licence, as the case requires, and the location of the prescribed premises to which that application relates; and (iii) in the case of an appeal lodged under section 103 of the Act, the name of the person on whom the relevant pollution abatement notice, or notice under section 65(4), was served and the location of the premises to which that pollution abatement notice or notice relates; and (iv) in the case of an appeal lodged under section 104 of the Act, the name of the person on whom the relevant notice was served under section 96(1) or 97(1) of the Act and a description of the vehicle, vessel or equipment to which that notice relates; and (v) the substance of the decision or matter the subject of the appeal; and (vi) the name and address of the appellant for the service of notices; and (c) lodge with the Minister — (i) in the case of an appeal lodged under section 100, a fee of $10; or (ii) in the case of an appeal lodged under section 102, a fee of $50; or (iii) in the case of an appeal lodged under section 103 or 104, a fee of $25. (2) The Minister may reduce, waive or refund, in whole or in part, any fee referred to in subregulation (1). (3) A person who has lodged an appeal under Part VII of the Act may withdraw the appeal after having given the Minister not less than 7 days' notice in writing of his intention to do so. [Regulation 7 amended: Gazette 28 Jun 2016 p. 2632.] 8. Decisions on appeals, Minister to publish (1) The Minister must cause the details set out in subregulation (2) of his decisions on appeals lodged under Part VII of the Act to be published by causing those details to be made available for public inspection at the head office between the hours of 8 a.m. and 5 p.m. on any day which is not a Saturday, Sunday or public service holiday or a public holiday appointed or declared for the Perth area. (2) The details referred to in subregulation (1) are — (a) in the case of an appeal lodged under section 100, the title or number or other means of identification of the relevant proposal and the name, or the office or position held or acted in by, the proponent of that proposal; (b) in the case of an appeal lodged under section 102 of the Act in respect of a works approval or licence, the name of the applicant or holder of the works approval or licence, as the case required, and the location of the prescribed premises to which that application relates; (c) in the case of an appeal lodged under section 103 of the Act, the name of the person on whom the relevant pollution abatement notice, or notice under section 65(4), is served and the location of the premises to which that pollution abatement notice or notice relates; (d) in the case of an appeal lodged under section 104 of the Act, the name of the person on whom the relevant notice was served under section 96(1) or 97(1) of the Act and a description of the vehicle, vessel or equipment to which that notice relates; (e) if the name of the appellant is not a detail referred to in paragraph (a), (b), (c) or (d), that name; (f) a summary of the nature and grounds of the relevant appeal; (g) the decision of the Minister on the relevant appeal and the date of that decision. [Regulation 8 amended: Gazette 24 Jan 1992 p. 362; 11 Dec 1998 p. 6600; 28 Jun 2016 p. 2632.] 9. Decisions on appeals, persons to be notified of The Minister must cause to be notified in writing of his decision on an appeal lodged under Part VII of the Act — (a) the appellant; and (b) any relevant decision‑making authority; and (c) the Authority; and (d) the Chief Executive Officer; and (e) in the case of an appeal lodged under section 100 of the Act, the proponent of the relevant proposal; and (f) in the case of an appeal lodged under section 102 of the Act in respect of a works approval or licence, the applicant for or the holder of the works approval or licence, as the case requires; and (g) in the case of an appeal lodged under section 103 of the Act, the person on whom the relevant pollution abatement notice, or notice under section 65(4), was served; and (h) in the case of an appeal lodged under section 104, the person on whom the relevant notice was served under section 96(1) or 97(1) of the Act. [Regulation 9 amended: Gazette 28 Jun 2016 p. 2632.] Part 6 — Tyres [Heading inserted: Gazette 13 Sep 1996 p. 4545.] [10. Deleted: Gazette 31 Dec 1993 p. 6878.] 11. Terms used; calculating quantity of used tyres (1) In this regulation and regulations 12, 13, 13A, 14 and 15 — approved site means a landfill site — (a) set apart by a local government under section 119 of the Health (Miscellaneous Provisions) Act 1911; or (b) licensed under Part V of the Act; or (c) approved by the Chief Executive Officer; licensed premises means a place that is prescribed premises under the Act, and in relation to which the licence is in force under the Act; storage includes collection and deposit; tyre means a tyre made whether wholly or partly of natural or synthetic rubber or similar material; Tyre Landfill Exclusion Zone means the area comprising the local government districts specified in Schedule 5; tyre retailer means a person who carries on a business which principally consists of the sale of tyres by retail or the fitting of tyres, or a combination of those activities. (2) For the purposes of these regulations, 2 m3 of shredded, broken or pieces of used tyres are to be taken to equal 100 used tyres and any multiple of 2 m3 of shredded, broken or pieces of used tyres are to be taken to be equal to the corresponding multiple of 100 used tyres and where an intermediate quantity of shredded, broken or pieces of used tyres occurs the equivalent number of used tyres are calculated by interpolation. (3) For the purposes of these regulations the size of a tyre is to be disregarded when computing the number of tyres in question. [Regulation 11 inserted: Gazette 30 Aug 1991 p. 4554‑5; amended: Gazette 12 Nov 1996 p. 6303; 10 Dec 1996 p. 6877; 28 Jun 2016 p. 2631‑2; 10 Jan 2017 p. 197.] 12. Disposal and storage of tyres prescribed as alteration of environment (Act s. 3(1) pollution) For the purposes of paragraph (c) of the definition of pollution in section 3(1) of the Act — (a) the disposal of tyres otherwise than in accordance with regulation 14; (b) the storage of used tyres — (i) in any number exceeding 500 on a place used for or in connection with a tyre fitting business; (ii) in any number exceeding 100 on any other place, is a prescribed alteration of the environment. [Regulation 12 inserted: Gazette 30 Aug 1991 p. 4555; amended: Gazette 12 Nov 1996 p. 6303‑4.] 13. Transport of used tyres for reward etc., when permitted (1) A person must not — (a) for gain or other reward; or (b) in the course of any business carried on by that person, transport used tyres — (c) for the purpose of storage except to a place that is licensed premises for that purpose; or (d) for the purpose of disposal except to a place that is established for that purpose. Penalty: $5 000. (2) For the purposes of subregulation (1) a person is deemed to transport used tyres in the course of business whether the transport of used tyres is the principal business carried on by that person or is only incidental to any other business carried on by that person. [Regulation 13 inserted: Gazette 30 Aug 1991 p. 4555; amended: Gazette 11 Dec 1998 p. 6600; 28 Jun 2016 p. 2632.] 13A. Tyre retailer not to damage used tyres (1) A tyre retailer must not, except in accordance with written approval given by the Chief Executive Officer — (a) cut or otherwise damage a used tyre; or (b) cause or permit a used tyre to be cut or otherwise damaged, in such a manner as to render the tyre unsuitable for retreading. Penalty: $5 000. (2) For the purposes of subregulation (1) the Chief Executive Officer may give approval subject to such conditions specified in the approval as the Chief Executive Officer thinks fit. [Regulation 13A inserted: Gazette 12 Nov 1996 p. 6304; amended: Gazette 11 Dec 1998 p. 6600; 28 Jun 2016 p. 2632.] 14. Disposal of tyres, permitted means for (1) Tyres may be disposed of — (a) by incineration if — (i) the emissions from the chimney of that incinerator do not exceed the following levels — particulate matter 50 mg/m3 carbon monoxide 1 g/m3 zinc 3 mg/m3 cadmium 3 mg/m3 aluminium 3 mg/m3 dioxins 5 parts per thousand million or such other levels as are approved by the Chief Executive Officer; and (ii) smoke discharged does not exceed a shade of 1 when compared with the Australian Miniature Smoke Chart (AS 3543 1989); or (b) by the method described in subregulation (2) at an approved site located — (i) in the Tyre Landfill Exclusion Zone if the written approval of the Chief Executive Officer has first been obtained; or (ii) in any local government district outside the Tyre Landfill Exclusion Zone; or (c) by any other method of disposal approved by the Minister on the advice of the Chief Executive Officer. (2) For the purposes of subregulation (1)(b) tyres may be disposed of by burial under a final soil cover of not less than 500 mm — (a) in batches separated from each other by at least 100 mm of soil and each consisting of not more than 40 m3 of tyres reduced to pieces; or (b) in batches separated from each other by at least 100 mm of soil and each consisting of not more than 1 000 whole tyres; or (c) in the case of tyres in any volume or number in a dump existing on 4 December 1992, at the location of that dump, in accordance with such conditions as are imposed by the Chief Executive Officer in respect of that burial for the purpose of ensuring that drainage, safety, soil erosion and soil stability at, and in the vicinity of, the site of that burial are adequately controlled. [Regulation 14 inserted: Gazette 30 Aug 1991 p. 4555; amended: Gazette 4 Dec 1992 p. 5889; 12 Nov 1996 p. 6304‑5.] 15. Used tyres, storage of on licensed premises Used tyres must not be stored on licensed premises otherwise than in accordance with the conditions of the licence issued in relation to those premises. [Regulation 15 inserted: Gazette 30 Aug 1991 p. 4555; amended: Gazette 28 Jun 2016 p. 2632.] Part 7 — Anti‑fouling paint [Heading inserted: Gazette 13 Sep 1996 p. 4545.] 16. Organotin anti‑fouling paint, restrictions on use, sale etc. of (1) On and from 1 November 1991, a person must not apply organotin anti‑fouling paint to, or cause or permit such paint to be applied to — (a) a piling, pier, buoy, mooring or other structure in an enclosed water body or a semi‑enclosed water body; or (b) a vessel that is 25 m or less in length; or (c) a vessel that is more than 25 m in length, unless the paint has been formulated so that in respect of each square centimetre of surface to which it is applied — (i) not more than 210 micrograms of organotin are released during the first 14 days after the application of the paint; and (ii) not more than 5 micrograms of organotin are released during each subsequent day. Penalty: $5 000. (2) On and from 1 September 1991, a person must not sell organotin anti‑fouling paint that is formulated other than as described in subregulation (1)(c). Penalty: $5 000. (3) On and from 1 September 1991, a person who has a container containing organotin anti‑fouling paint must ensure that it has a clearly readable label with the words "NOT TO BE APPLIED TO VESSELS 25 METRES OR LESS IN LENGTH". Penalty: $5 000. (4) In this regulation — enclosed water body means a body of water, such as a lake, not connected to the sea; length means the hull length of a ship, boat or hovercraft or the overall length of any other vessel; organotin anti‑fouling paint means a coating, paint or treatment that contains an organic derivative of tin; semi‑enclosed water body means a partially enclosed coastal water, such as an estuary, river, port, harbour, bay, marina or yacht club; vessel means any ship, boat, hovercraft or hulk and any vehicle, whether floating or submersible and whether self‑propelled or not, that is capable of being used in or on water. [Regulation 16 inserted: Gazette 30 Aug 1991 p. 4553‑4; amended: Gazette 11 Dec 1998 p. 6600; 28 Jun 2016 p. 2632.] Part 7A — Burning on development sites [Heading inserted: Gazette 19 Dec 2000 p. 7283.] 16A. Terms used In this Part — development site means a lot that is, or contiguous lots that are together, larger than 2 000 m2 and on which development work is being carried out; development work means work to develop land for use, including — (a) the clearing of vegetation or topsoil; or (b) recontouring or other bulk earthworks; or (c) trench or road construction; lot has the meaning given by the Planning and Development Act 2005. [Regulation 16A inserted: Gazette 19 Dec 2000 p. 7283; amended: Gazette 29 Sep 2006 p. 4261.] 16B. Burning vegetation etc. on development sites in Sch. 5A areas restricted A person who, in an area prescribed in Schedule 5A, burns, or causes or allows to be burned, vegetation or other matter on or from a development site commits an offence unless — (a) the person is a public authority and the burning is done in the exercise of a function conferred by a written law; or (b) the burning is carried out for agricultural purposes. Penalty: $5 000. [Regulation 16B inserted: Gazette 19 Dec 2000 p. 7284.] Part 8 — Monitoring [Heading inserted: Gazette 5 Jan 2001 p. 115.] 17. Terms used In this Part, unless the contrary intention appears — approved monitoring equipment means monitoring equipment that has been approved by the Chief Executive Officer under regulation 20F; specified monitoring programme means a monitoring programme specified by the Chief Executive Officer in a works approval or a licence. [Regulation 17 inserted: Gazette 5 Jan 2001 p. 115.] 18. Conditions prescribed (Act s. 62(2)) There is prescribed for the purposes of section 62(2) of the Act as a condition of a works approval or licence the condition that if the Chief Executive Officer certifies that the results of a specified monitoring programme or measurements taken for the purposes of a specified monitoring programme may be relevant to determining whether or not there has been a breach of the Act or regulations made under the Act — (a) then monitoring equipment used for the purposes of a specified monitoring programme is to be approved monitoring equipment; and (b) then any measurement taken for the purpose of the specified monitoring programme is to be taken with approved monitoring equipment. [Regulation 18 inserted: Gazette 5 Jan 2001 p. 115‑16; amended: Gazette 28 Jun 2016 p. 2631.] 19. Approved monitoring equipment, to be used in specified monitoring programmes A person who — (a) is required by a works approval or licence to carry out a specified monitoring programme with approved monitoring equipment; and (b) does not use approved monitoring equipment for the purpose of carrying out that monitoring programme, commits an offence. Penalty: $5 000. [Regulation 19 inserted: Gazette 7 Jul 2000 p. 3678.] 20. Approved monitoring equipment, duty to ensure accuracy of (1) A person who — (a) is required by a works approval or licence to carry out a specified monitoring programme with approved monitoring equipment; and (b) does not ensure that any approved monitoring equipment used in that monitoring programme is operating so as to give measurements that are accurate, commits an offence. Penalty: $5 000. (2) It is a defence to proceedings for an offence under subregulation (1) if the person charged with that offence proves that the person took reasonable precautions and exercised due diligence to prevent the commission of the offence. [Regulation 20 inserted: Gazette 7 Jul 2000 p. 3678‑9.] 20A. Approved monitoring equipment, duty to comply with conditions of approval of (1) A person who — (a) is required by a works approval or licence to carry out a specified monitoring programme with approved monitoring equipment; and (b) does not comply with a condition imposed under regulation 20G, commits an offence. Penalty: $5 000. (2) It is a defence to proceedings for an offence under subregulation (1) if the person charged with that offence proves that the person took reasonable precautions and exercised due diligence to prevent the commission of the offence. [Regulation 20A inserted: Gazette 7 Jul 2000 p. 3679.] 20B. Approved monitoring equipment, duty to report results of to CEO (1) A person who is required by a works approval or a licence to carry out a specified monitoring programme with approved monitoring equipment must report to the Chief Executive Officer on the matters referred to in subregulation (2) — (a) at periods or on dates specified in the works approval or licence; or (b) at such other times as the Chief Executive Officer may require by a written notice which states the reasons for the requirement. (2) The report under subregulation (1) is to — (a) contain details of the measurements taken using approved monitoring equipment or other equipment in the course of a specified monitoring programme; (b) state whether or not any inaccuracy in those measurements is known to the person making the report; (c) if an inaccuracy in those measurements is known — (i) state the extent of the inaccuracy known to the person making the report; (ii) state any cause of the inaccuracy known to the person making the report. (3) A person who does not comply with this regulation commits an offence. Penalty: $5 000. [Regulation 20B inserted: Gazette 7 Jul 2000 p. 3679‑80; amended: Gazette 5 Jan 2001 p. 116.] 20C. Approved monitoring equipment, presumption of accuracy of A measurement taken by approved monitoring equipment is to be taken to be correct in the absence of proof, on the balance of probability, to the contrary. [Regulation 20C inserted: Gazette 7 Jul 2000 p. 3680.] 20D. Report of specified monitoring programme, presumption of accuracy of measurement in A statement in a report as to the results of a specified monitoring programme made under section 62(3) of the Act or regulation 20B detailing the measurements that were taken using approved monitoring equipment is to be taken to be evidence that those measurements were taken by the monitoring equipment in the absence of proof, on the balance of probability, to the contrary. [Regulation 20D inserted: Gazette 7 Jul 2000 p. 3680.] 20E. Inaccurate measurement in r. 20B report, duty to notify CEO of A person who has submitted a report under regulation 20B who becomes aware that a measurement referred to in the report is inaccurate must, as soon as practicable after discovering the inaccuracy, report to the Chief Executive Officer the extent, and cause, of the inaccuracy which is known to the person making the report. Penalty: $5 000. [Regulation 20E inserted: Gazette 7 Jul 2000 p. 3680.] 20F. Monitoring equipment, approval of (1) A person may apply to the Chief Executive Officer for monitoring equipment to be approved. (2) Subject to subregulation (3), an application for approval of monitoring equipment is to be in a form approved by the Chief Executive Officer. (3) The Chief Executive Officer must allow an application to be made by telephone or other electronic means if the Chief Executive Officer is satisfied that, due to the malfunction of approved monitoring equipment or some other reasonable cause, it is necessary to deal with an application as a matter of urgency. (4) A person who makes an application under subregulation (3) must, as soon as practicable, also make the application for approval of the monitoring equipment in the form approved by the Chief Executive Officer under subregulation (2). (5) If an application made under subregulation (3) is approved, the approval lapses — (a) if an application is not made under subregulation (2) within 30 days of the day on which the approval was granted; or (b) in any other case, 60 days after the day on which the approval was granted. (6) If a person applies to the Chief Executive Officer for monitoring equipment to be approved, the Chief Executive Officer may — (a) require the applicant to provide more information before deciding whether or not to grant the approval; or (b) allow the applicant to provide more information or amend its application before deciding whether or not to grant the approval; or (c) refuse to grant the approval; or (d) grant the approval. (7) Within 60 days of — (a) the making of an application under subregulation (1); or (b) the amendment of the application under subregulation (6)(b) or the provision of information under subregulation (6)(a) or (b), whichever is the latter, the Chief Executive Officer is to — (c) determine the application. (8) If the application is refused, the Chief Executive Officer is to provide the person who applied for the approval with a statement of the reasons for refusing the application. (9) If the application is granted, the Chief Executive Officer is to issue a certificate of approval to the applicant. (10) A certificate of the Chief Executive Officer stating that monitoring equipment is or is not approved monitoring equipment is conclusive proof of that fact. [Regulation 20F inserted: Gazette 5 Jan 2001 p. 116‑17.] 20G. Monitoring equipment, conditions of approval of If monitoring equipment is approved under regulation 20F, that approval is subject to the following conditions — (a) the equipment is to be calibrated in accordance with any of the following standards as the Chief Executive Officer may specify in writing — (i) the standards specified by the manufacturer of the equipment; (ii) an Australian standard; (iii) an international standard; and (b) the equipment is to be operated in accordance with such quality assurance programme as the Chief Executive Officer may specify in writing. [Regulation 20G inserted: Gazette 7 Jul 2000 p. 3681.] 20H. Approval of monitoring equipment, revoking (1) The Chief Executive Officer may revoke an approval under regulation 20F if, in the Chief Executive Officer's opinion — (a) the equipment referred to in the certificate of approval is not considered to be suitable to be used in a specified monitoring programme; or (b) the equipment referred to in the certificate of approval has not provided accurate measurements; or (c) a person has, in relation to an application under regulation 20F(1), provided information in written or oral form that the person knew, or could reasonably be expected to have known, to be — (i) false or misleading in a material particular; or (ii) likely to deceive in a material way. (2) An approval of approved monitoring equipment may be revoked if in the Chief Executive Officer's opinion — (a) that equipment has not been calibrated or operated in accordance with a condition imposed under regulation 20G; and (b) that failure to comply with the condition could have materially affected the accuracy of the equipment or the reliability of the results obtained from that equipment. (3) A revocation of an approval under regulation 20F is not effective unless the Chief Executive Officer has caused written notice of the intention to revoke the approval to be served personally or by post on the person who obtained the approval stating the grounds on which, and reasons for which, the revocation is to be made and has allowed the person 21 days to provide reasons as to why the Chief Executive Officer should not revoke the approval. (4) If the Chief Executive Officer decides to revoke an approval, the Chief Executive Officer is to give the person who obtained the approval a notice in writing revoking the approval and stating the reasons for the revocation of the approval. [Regulation 20H inserted: Gazette 7 Jul 2000 p. 3681‑2; amended: Gazette 5 Jan 2001 p. 117‑18.] 20I. Appeal against r. 20F, 20G or 20H decision (1) A person who is aggrieved by a decision of the Chief Executive Officer under regulation 20F, 20G, or 20H may within 21 days after the day on which the person is notified of the decision lodge with the Minister an appeal in writing setting out the grounds of the appeal. (2) An appeal lodged under subregulation (1) is to be treated as if it were an appeal under section 102 of the Act, and for that purpose sections 106 to 110 of the Act apply as if the appeal were an appeal under section 102. [Regulation 20I inserted: Gazette 7 Jul 2000 p. 3682.] 20J. Revocation of approval, use of monitoring equipment pending determination of appeal against (1) If — (a) an appeal has been lodged under regulation 20I(1) in relation to an approval revoked under regulation 20H; and (b) the Chief Executive Officer has entered into an agreement in writing with the licensee as to the interim monitoring measures to be adopted by the licensee pending the determination of the appeal, until 60 days after the determination of the appeal, or such other time as is agreed in writing by the Chief Executive Officer and the licensee, any monitoring equipment used in accordance with that agreement is to be taken to be approved monitoring equipment. (2) A certificate issued by the Chief Executive Officer stating that monitoring equipment specified in the certificate has or has not been used in accordance with an agreement referred to in subregulation (1)(b) is, in the absence of proof on the balance of probability to the contrary, evidence of that fact. (3) In this regulation, a reference to the licensee is a reference to a person who is required by a works approval or a licence to carry out a specified monitoring programme with approved monitoring equipment. [Regulation 20J inserted: Gazette 7 Jul 2000 p. 3682‑3.] 20K. CEO's signature, judicial notice of Judicial notice is to be taken of the signature of the Chief Executive Officer on a certificate purporting to be issued under regulation 20F(10) or 20J(2). [Regulation 20K inserted: Gazette 7 Jul 2000 p. 3683; amended: Gazette 5 Jan 2001 p. 118.] 20KA. Guidelines for performance of CEO's functions, Minister may make etc. (1) The Minister may by notice published in the Gazette make, amend, or revoke guidelines relating to the manner in which the Chief Executive Officer is to perform the Chief Executive Officer's functions under this Part. (2) The Chief Executive Officer is to have regard to the guidelines in the exercise of his or her functions under this Part. (3) A failure to comply with subregulation (2) does not invalidate an approval of monitoring equipment or the issue of a certificate under this Part. [Regulation 20KA inserted: Gazette 5 Jan 2001 p. 118.] 20L. Review of this Part (1) The Authority is to report to the Minister on the operation and effectiveness of this Part within 5 years after its commencement or such other shorter period as the Minister specifies. (2) The report is to be made after — (a) the public has been given an opportunity to make submissions on the operation and effectiveness of the Part; and (b) a reasonable endeavour has been made to obtain the views of public authorities and persons that appear to the Authority to be significantly affected by the Part. (3) As soon as is practicable after the preparation of the report the Minister is to cause it to be laid before each House of Parliament. [Regulation 20L inserted: Gazette 7 Jul 2000 p. 3683; amended: Gazette 5 Jan 2001 p. 118.] Part 9 — Landfill levy [Heading inserted: Gazette 26 Jun 1998 p. 3370.] 21. Terms used (1) In this Part — approved means approved in writing by the Chief Executive Officer; commencement day means the day on which the Environmental Protection (Landfill) Levy Act 1998 comes into operation 3; exemption period means the period of exemption specified in a notice of exemption under regulation 23(4); existing licensee means a person who is a licensee on commencement day; Fund means the Waste Management and Recycling Fund 4 established under section 110H of the Act; levy means a levy imposed under the Environmental Protection (Landfill) Levy Act 1998; licensed landfill means premises specified in category 63, 64 or 65 of Schedule 1; licensee means the holder of a licence in respect of a licensed landfill; metropolitan region has the same meaning as it has in the Planning and Development Act 2005; return period means — (a) in the case of an existing licensee, the following periods — • Period 1: July 1 ‑ September 30; • Period 2: October 1 ‑ December 31; • Period 3: January 1 ‑ March 31; • Period 4: April 1 ‑ June 30; (b) in the case of a licensee who is granted a licence after commencement day, the following periods — • Period 1: the period beginning on the date of the grant of the licence and ending on the September 30, December 31, March 31 or June 30 immediately next following; • Each 3 month period next following Period 1. (2) A reference in this Part to a category followed by a designation is a reference to the category so designated in the first column of Schedule 1. [Regulation 21 inserted: Gazette 26 Jun 1998 p. 3370‑1; amended: Gazette 29 Sep 2006 p. 4261.] 22. Application of this Part (1) Subject to any exemption granted on application under regulation 23(1), this Part applies to — (a) all waste received at licensed landfills in the metropolitan region; and (b) all waste collected within the metropolitan region and received at licensed landfills outside the metropolitan area. (2) This Part does not apply to — (a) waste received at licensed landfills on or after 1 July 2008; and (b) return periods commencing on or after 1 July 2008. [Regulation 22 inserted: Gazette 26 Jun 1998 p. 3371; amended: Gazette 20 Jun 2008 p. 2683.] 23. Exemptions from this Part; refunds etc. of levy (1) A licensee may by application in the approved form claim an exemption from regulation 22 for the following waste received at a licensed landfill in any return period — (a) uncontaminated soil or other clean fill that — (i) is, or is to be, used after the completion of landfill operations to cover, to a depth of up to 500 mm, waste disposed of on the premises; and (ii) was accepted by the licensee at no charge; (b) waste that is not disposed of to landfill but is collected and stored at a licensed landfill for recycling; (c) approved waste that has been disposed of in an approved manner. (2) A licensee may by application in the approved form claim an exemption from the requirement under regulation 25(1) to weigh waste on a weighbridge. (2a) A licensee of a category 63 licensed landfill may by application in the approved form claim an exemption from the requirements of regulation 26(4) and (5) in respect of a return period if no waste has been disposed of to landfill on the licensed landfill. (3) The Chief Executive Officer may, by written notice — (a) grant, or refuse to grant, an exemption; or (b) grant an exemption subject to conditions, or limited to circumstances, specified in the notice; or (c) revoke an exemption. (4) In any exemption notice for waste referred to in subregulation (1)(b) or (c) the Chief Executive Officer is to specify the period for which the exemption applies. (5) If a condition subject to which an exemption is given is breached, the exemption ceases to have effect. (6) If waste referred to in subregulation (1)(b) for which an exemption is granted has not been recycled, or otherwise removed in an approved manner, from the licensed landfill within the exemption period, the licensee is to pay the levy that would have been payable in respect of that waste if the exemption had not been granted not later than 2 weeks after the end of the exemption period. (7) If the Chief Executive Officer is satisfied that — (a) waste referred to in subregulation (1)(b) for which an exemption is granted has been recycled or otherwise removed from the licensed landfill within 12 months after the exemption period; and (b) the levy has been paid in respect of the waste, the Chief Executive Officer may refund or rebate to the licensee an amount equal to the amount of levy paid in respect of the waste. [Regulation 23 inserted: Gazette 26 Jun 1998 p. 3371; amended: Gazette 29 Sep 2006 p. 4262.] 24. Financial assurance, CEO may require from licensee with r. 23(1)(b) exemption (1) In this regulation — licensee does not include a licensee who is a local government. (2) If a licensee is granted an exemption for waste referred to in regulation 23(1)(b), the Chief Executive Officer may require the licensee to provide a financial assurance to the Chief Executive Officer of an amount specified by the Chief Executive Officer that does not exceed the amount of levy that would otherwise be payable in respect of the waste. (3) The licensee is to provide the financial assurance — (a) not later than 2 weeks after the licensee is notified by the Chief Executive Officer that the financial assurance is required; and (b) in an approved form, and is to maintain the financial assurance in accordance with any requirements of the Chief Executive Officer of which the licensee has been given written notice. (4) If the financial assurance is not provided and maintained in accordance with subregulation (3) — (a) the exemption ceases to have effect; and (b) the amount of levy that would have been payable in respect of the waste if the exemption had not been granted becomes due and payable. (5) The Chief Executive Officer may call on or use the financial assurance and pay the moneys into the Fund if — (a) the waste in respect of which the financial assurance is paid has not been recycled, or otherwise removed from the licensed landfill in an approved manner, within the exemption period; and (b) the levy in respect of the waste is not paid as required under regulation 23(6). (6) If — (a) waste referred to in regulation 23(1)(b) for which an exemption is granted is recycled or otherwise removed from the licensed landfill within the exemption period; or (b) the levy is paid in respect of the waste, the financial assurance in respect of the waste may be terminated by the licensee. [Regulation 24 inserted: Gazette 26 Jun 1998 p. 3371‑2; amended: Gazette 29 Sep 2006 p. 4262.] 25. Waste received at category 64 or 65 licensed landfill, calculating amount of (1) Subject to any exemption granted on application under regulation 23(2), waste to which this Part applies that is received at a category 64 or 65 licensed landfill with a weighbridge is to be weighed on the weighbridge at the time of delivery and the weight of the waste as shown at the weighbridge is to be the weight that is used for the purpose of determining the amount of the levy under regulation 27. (2) If — (a) the licensee of a category 64 or 65 licensed landfill has been granted an exemption from the requirement to weigh waste received at the licensed landfill; or (b) a category 64 or 65 licensed landfill does not have a weighbridge, when waste is received at that licensed landfill the licensee is to estimate the weight of that waste in the approved manner, and the estimated weight is to be the weight that is used for the purpose of determining the amount of the levy under regulation 27. [Regulation 25 inserted: Gazette 26 Jun 1998 p. 3372; amended: Gazette 29 Sep 2006 p. 4262-3.] 26. Waste disposed of in category 63 licensed landfill, calculating amount of (1) The licensee of a category 63 licensed landfill must — (a) cause a survey of the premises to be conducted by a surveyor for the purpose of establishing a base from which the volume of waste subsequently disposed of to landfill on the premises can be measured (the baseline survey); and (b) lodge with the Chief Executive Officer a report of that survey prepared by the surveyor (the baseline report). Penalty: $5 000. (2) In the case of an existing landfill — (a) the baseline survey must be conducted as soon as practicable after 1 October 2006; and (b) the baseline report must be lodged on or before 14 October 2006. (3) In the case of a category 63 licensed landfill other than an existing landfill — (a) the baseline survey must be conducted — (i) after the licence is issued; and (ii) not more than 14 days before the licensee commences accepting waste for disposal to landfill on the premises; and (b) the baseline report must be lodged within 14 days after the licensee commences accepting waste for disposal to landfill on the premises. (4) Subject to any exemption granted on application under regulation 23(2a), after the end of a return period the licensee of a category 63 licensed landfill must cause a survey of the premises to be conducted by a surveyor for the purpose of calculating the volume of waste disposed of to landfill during that return period (a quarterly survey). (5) The licensee must lodge a report on a quarterly survey, prepared by the surveyor, with the return lodged under regulation 30 for that return period. Penalty: $5 000. (6) The report referred to in subregulation (5) must include the surveyor's calculation of the number of cubic metres of waste disposed of to landfill on the premises during the return period based on a comparison of the quarterly survey for that return period and the previous quarterly survey or, if there is no previous quarterly survey, the baseline survey for the premises or the estimated base established under regulation 26A(1). (7) The volume of waste so calculated by the surveyor is to be the volume used for the purposes of determining the amount of the levy under regulation 27. (8) In this regulation — existing landfill means a category 63 licensed landfill — (a) for which the licence was in force on 1 October 2006; and (b) at which waste was being accepted for disposal to landfill prior to 1 October 2006; surveyor means — (a) a licensed surveyor as defined in the Licensed Surveyors Act 1909; or (b) a person who is, or is eligible to be, a member of — (i) the Institution of Surveyors, Australia; or (ii) the Spatial Sciences Institute. [Regulation 26 inserted: Gazette 29 Sep 2006 p. 4263-4.] 26A. Breach of r. 26, CEO may estimate amount in case of etc. (1) If the licensee of a category 63 licensed landfill fails to comply with regulation 26(1) the Chief Executive Officer may establish an estimated base from which the volume of waste subsequently disposed of to landfill on the premises can be measured. (2) If the licensee of a category 63 licensed landfill fails to comply with regulation 26(5) in respect of a return period the Chief Executive Officer may estimate the number of cubic metres of waste disposed of to landfill on the premises during the return period. (3) For the purposes of this regulation the Chief Executive Officer may cause a survey of the kind referred to in regulation 26(1)(a) or (4) to be conducted in respect of the licensed landfill. (4) The Chief Executive Officer must give written notice to the licensee of any estimated base established under subregulation (1) or any estimation made under subregulation (2). (5) The Chief Executive Officer may call on or use the financial assurance provided by the licensee under regulation 28 to cover any costs incurred under this regulation. [Regulation 26A inserted: Gazette 29 Sep 2006 p. 4264-5.] 27. Levy, determining amount of (1) The amount by way of levy that is payable in respect of waste to which this Part applies that is received at a category 63 licensed landfill during a return period is the amount (in dollars) equal to L in the formula — where — V is the number of cubic metres of waste to which this Part applies received at the licensed landfill during the return period determined in accordance with regulation 26 or estimated under regulation 26A(2); and R is, if the first day of the return period is — (a) before 1 July 2008, $3; or (b) on or after 1 July 2008 and before 1 July 2009, $5; or (c) on or after 1 July 2009 and before 1 July 2010, $7; or (d) on or after 1 July 2010, $9; and S is the lesser of — (a) the cost incurred by the licensee in complying with regulation 26(4) and (5) in respect of the return period; and (b) $2 000. (2) The amount by way of levy that is payable in respect of waste to which this Part applies that is received at a category 64 or 65 licensed landfill during a return period is the amount (in dollars) equal to L in the formula — where — W is the number of tonnes of waste to which this Part applies received at the licensed landfill during the return period determined in accordance with regulation 25; and R is, if the first day of the return period is — (a) before 1 July 2008, $6; or (b) on or after 1 July 2008 and before 1 July 2009, $7; or (c) on or after 1 July 2009 and before 1 July 2010, $8; or (d) on or after 1 July 2010, $9. [Regulation 27 inserted: Gazette 29 Sep 2006 p. 4265-6.] 28. Financial assurance, licensees to pay (1) In this regulation — licensee does not include a licensee who is a local government. (2) Each licensee is to pay to the Chief Executive Officer, in accordance with subsection (3), a financial assurance that — (a) is in an approved form; and (b) secures or guarantees payment of an amount determined by the Chief Executive Officer, being an amount that in the opinion of the Chief Executive Officer is equivalent to the average levy to be paid by the licensee in a return period. Penalty: $5 000. (3) The financial assurance is to be paid to the Chief Executive Officer — (a) in the case of an existing licensee, not later than 2 weeks after commencement day; and (b) in the case of a licensee who is granted a licence after commencement day, not later than 2 weeks after the licence is granted. (4) The licensee is to maintain the financial assurance in accordance with any requirements of the Chief Executive Officer of which the licensee has been given written notice. Penalty: $5 000. (5) The moneys from any financial assurance that is called on or used by the Chief Executive Officer are to be paid into the Fund. (6) The Chief Executive Officer is to review the amount of a financial assurance provided under this regulation not later than 2 years after it is provided and thereafter not later than 2 years after each review. (7) The Chief Executive Officer may at any time, by written direction, require a licensee to increase the amount of the financial assurance provided by the licensee if the Chief Executive Officer thinks it is appropriate to do so. (8) A licensee is to comply with a direction given to the licensee under subregulation (7). Penalty: $5 000. [Regulation 28 inserted: Gazette 26 Jun 1998 p. 3373; amended: Gazette 11 Dec 1998 p. 6601; 29 Sep 2006 p. 4266.] 29. Records of waste received, licensees' duties as to (1) Upon receiving waste at a licensed landfill, the licensee is to make a record in accordance with this regulation. (2) The record is to be in an approved form and is to show — (a) the time and date of the delivery; and (b) the name and licence number of the licensee; and (c) in the case of a category 63 licensed landfill, the volume of the waste disposed of to landfill on the premises calculated in accordance with regulation 26; and (ca) in the case of a category 64 or 65 licensed landfill, the weight of the waste as weighed or estimated in accordance with regulation 25; and (d) a description of the type of waste; and (e) the amount of levy payable in respect of the waste; and (f) any other particulars the Chief Executive Officer may, by written notice to the licensee, require the licensee to include. (3) Any record made by a licensee under this regulation is to be kept by the licensee in a legible written form, or so as to be readily convertible into such a form, for a period of not less than 5 years from the day on which the record was made. (4) A licensee is to make the records available to an authorised person within 24 hours of being requested by the authorised person to do so. (5) A licensee who — (a) contravenes subregulation (1) or (4); or (b) makes a record under this regulation which is false in any material particular, commits an offence. Penalty: $5 000. [Regulation 29 inserted: Gazette 26 Jun 1998 p. 3373‑4; amended: Gazette 11 Dec 1998 p. 6601; 29 Sep 2006 p. 4266.] 30. Levy, payment of; returns to be lodged (1) The levy is payable not later than 14 days after the end of each return period. (2) A licensee, from the details entered in the records referred to in regulation 29 and any estimate made under regulation 26A, is to — (a) make a return in the approved form in respect of each return period setting out details of waste received; and (b) lodge the return with the Chief Executive Officer. (3) The return is to be accompanied by a remittance for the amount of the levy payable on the waste to which that return relates. [Regulation 30 inserted: Gazette 26 Jun 1998 p. 3374; amended: Gazette 29 Sep 2006 p. 4266.] 31. Audits, CEO's powers to direct etc. (1) The Chief Executive Officer may at any time, by notice in writing, direct a licensee to cause — (a) an audit of — (i) the amount of waste received at the licensed landfill within the specified period; and (ii) the amount of levy payable in respect of that waste, to be carried out by a person from the specified class of persons; and (b) a report to be prepared on the audit by the person who carried out the audit. (2) The licensee is to provide the copy of the report of the audit, certified as correct by the person who carried out the audit, to the Chief Executive Officer within the specified period. Penalty: $5 000. (3) In this regulation — specified means specified in the notice. [Regulation 31 inserted: Gazette 26 Jun 1998 p. 3374; amended: Gazette 11 Dec 1998 p. 6601.] 32. CEO's decisions, review of and appeal against (1) If the Chief Executive Officer — (a) refuses to grant an exemption, or imposes conditions or limitations upon the grant of an exemption, under regulation 23; or (b) requires the provision of a financial assurance under regulation 24; or (c) gives a direction under regulation 31, the applicant may, within 14 days of notice of the decision, apply to the Chief Executive Officer for a review of the decision. (2) When a request is made under subregulation (1), the Chief Executive Officer is to review the decision and make a fresh decision. (3) If the applicant is dissatisfied with a decision under subregulation (2), the applicant may, within 14 days of notice of the decision, institute an appeal against the decision to the Minister. (4) An appeal is instituted by giving notice in writing of the appeal, setting out the grounds and facts on which the appellant is relies. (5) The Minister may affirm or vary the decision, or set aside the decision and substitute another decision, as the Minister thinks fit and the decision of the Minister is final. (6) The making of an application for review or the institution of an appeal in respect of a decision under regulation 23 or 24 does not operate to stay the decision. [Regulation 32 inserted: Gazette 26 Jun 1998 p. 3374.] 33. Payment of levies is condition of licence It is a condition of a licence in respect of a licensed landfill that the licensee is to pay the following — (a) any levy imposed under the Environmental Protection (Landfill) Levy Act 1998 in respect of waste to which this Part applies that is received at those premises; (b) any levy imposed under the Waste Avoidance and Resource Recovery Levy Act 2007 in respect of waste to which the Waste Avoidance and Resource Recovery Regulations 2008 Part 3 applies that is received at those premises. [Regulation 33 inserted: Gazette 20 Jun 2008 p. 2683-4.] Part 9A — Prescribed classes of relevant schemes [Heading inserted: SL 2024/4 r. 4.] 33A. Terms used In this Part — approved redevelopment scheme has the meaning given in the Metropolitan Redevelopment Authority Act 2011 section 3. [Regulation 33A inserted: SL 2024/4 r. 4.] 33B. Prescribed classes of amendments to region planning schemes (Act s. 48AAA(2)) (1) In this regulation — Bush Forever area means land identified as a Bush Forever area in accordance with the Metropolitan Region Scheme; Metropolitan Region Scheme has the meaning given in the Planning and Development Act 2005 section 4(1); regional road means a road that is on land reserved under a region planning scheme for the purpose of — (a) primary regional road; or (b) other regional road. (2) For the purposes of section 48AAA(2) of the Act, the following classes of amendments to a region planning scheme are prescribed — (a) an amendment to correct an administrative or minor error; (b) an amendment to correct an error if the error is in, or otherwise relates to, a map, plan or diagram included in the scheme; (c) an amendment to classify an area of land as a reserve for the purpose of — (i) parks and recreation; or (ii) regional open space; (ca) an amendment to add land to a Bush Forever area; (d) an amendment to zone an area of land, or to classify an area of land as a reserve, if — (i) the area of land has been subdivided and developed to the extent permitted by an approved redevelopment scheme; and (ii) the approved redevelopment scheme for that area of land ceases to apply; and (iii) the amendment is required to reflect a zone or reserve created in accordance with the approved redevelopment scheme; (e) an amendment to create, alter or remove the road reserve of a regional road if — (i) a clearing permit has been granted under Part V Division 2 of the Act for an area of land that will be, or that will form part of, the road reserve of the regional road; or (ii) in relation to the proposed construction of a regional road, the area of land proposed for the construction of the regional road and the impact of construction on the road reserve has been assessed under Part IV of the Act and a decision has been made that the proposal may be implemented; (f) an amendment to alter or repeal a definition in the planning scheme if the Western Australian Planning Commission considers that amendment would not materially impact the operation of the planning scheme; (g) an amendment to correct or update a name, title, designation or other description if the Western Australian Planning Commission considers that the amendment would not materially impact the operation of the planning scheme. [Regulation 33B inserted: SL 2024/4 r. 4; amended: SL 2024/288 r. 4.] 33C. Prescribed classes of amendments to local planning schemes (Act s. 48AAA(2)) (1) In this regulation — building envelope has the meaning given in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 1 clause 37(1); cultural place means a place as defined in the Heritage Act 2018 section 7 that has cultural heritage significance as defined in section 5 of that Act; design requirement — (a) means a development requirement that relates to the design of a development; and (b) includes a development requirement relating to setbacks, building height, vehicle parking, signage or plot ratio; development has the meaning given in the Planning and Development Act 2005 section 4(1); development requirement has the same meaning as in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 1; land use category means a category of land use referred to in a local planning scheme; native vegetation has the meaning given in section 51A of the Act; R‑Codes has the meaning given in the Planning and Development (Local Planning Scheme) Regulations 2015 Schedule 2 clause 1. (2) For the purposes of section 48AAA(2) of the Act, the following classes of amendments to a local planning scheme are prescribed — (a) an amendment referred to in paragraph(a)(i) to (iv), (vi) or (viii) of the definition of basic amendment in the Planning and Development (Local Planning Schemes) Regulations 2015 regulation 34; (b) an amendment to correct an error if — (i) the error is in, or otherwise relates to, a map, plan or diagram included in the scheme; and (ii) the correction does not alter the zoning or classification of land; (c) an amendment to classify an area of land as a reserve for the purpose of — (i) public open space; or (ii) environmental conservation; or (iii) State forest; (d) an amendment to include or alter a definition of a land use category if the Western Australian Planning Commission considers that the amendment would not materially impact the operation of the planning scheme; (e) an amendment to zone an area of land, or to classify an area of land as a reserve, for the purpose of conserving a cultural place; (f) an amendment to alter or repeal a design requirement that relates only to signage and facade treatments on land that is not — (i) zoned environmental conservation; or (ii) classified as a reserve for environmental conservation; or (iii) designated as special control area ‑ environment; (g) an amendment to zone land (except land zoned environmental conservation) if the zoning allows the land to be used for a purpose that — (i) involves carrying out development within the existing building envelope; and (ii) is not a light industry, general industry, industrial development or strategic industry purpose; (h) an amendment to increase the residential density code and decrease the minimum site area per dwelling as set out in the R‑Codes Table 1 for an area of land from R12.5 or higher if the area of land — (i) is already developed in accordance with the existing R‑Codes; and (ii) does not abut land that is an area of native vegetation; (i) an amendment to include a new provision or alter an existing provision regarding the administration and enforcement of the planning scheme; (j) an amendment to zone an area of land, or to classify an area of land as a reserve, if — (i) the area of land has been subdivided and developed to the extent permitted by an approved redevelopment scheme; and (ii) the approved redevelopment scheme for that area of land ceases to apply; and (iii) the amendment is required to reflect a zone or reserve created under the approved redevelopment scheme; (k) an amendment to identify or alter an area of land within the scheme area as a development contribution area because of a determination made under the Planning and Development (Local Planning Schemes) Regulations 2015 regulation 70(1); (l) an amendment to alter any matter required to be set out in a development contribution plan under the Planning and Development (Local Planning Schemes) Regulations 2015 regulation 71(4); (m) an amendment to the text of Part 1 of the planning scheme if the amendment does not permit a change in land use. [(n) deleted] [Regulation 33C inserted: SL 2024/4 r. 4; amended: SL 2024/288 r. 5; SL 2025/6 r. 4.] Part 10 — Things seized or forfeited [Heading inserted: Gazette 11 Dec 1998 p. 6601.] 34. Ways prescribed of dealing with seized things (Act s. 92B(1)) (1) For the purposes of section 92B(1) of the Act, the following ways are prescribed as a way of dealing with any thing seized under section 92A of the Act — (a) sale at public auction, by tender or by private contract, as specified by the Chief Executive Officer; or (b) destruction or treatment at a site licensed under Part V of the Act, as specified by the Chief Executive Officer; or (c) preservation, as specified by the Chief Executive Officer; or (d) disposal at a site licensed under Part V of the Act, as specified by the Chief Executive Officer; or (e) storage at a site, as specified by the Chief Executive Officer. (2) The Chief Executive Officer is to specify which method referred to in regulation (1) is to apply in respect of a particular thing seized. [Regulation 34 inserted: Gazette 11 Dec 1998 p. 6601‑2.] 35. Manner of giving notice prescribed (Act s. 92D) If — (a) a thing has been seized under the Act; and (b) a person to whom the thing can be returned under section 92C of the Act cannot be found, the Chief Executive Officer is to give notice that the thing is being held by the Department and may be claimed by its owner by publishing a notice once in a newspaper circulating throughout the State — (c) setting out a description of the thing seized; and (d) stating the place where the thing was seized; and (e) stating the place where the thing may be claimed; and (f) setting out the manner in which ownership of the thing may be proved; and (g) to the effect that if, after the expiration of 3 months from the day on which the notice has been given in the newspaper, the thing has not been claimed by its owner, the thing is forfeited to the Crown. [Regulation 35 inserted: Gazette 11 Dec 1998 p. 6602.] 36. Ways prescribed of disposing of thing forfeited to Crown (Act s. 99W(1)) (1) For the purposes of section 99W(1) of the Act, the following ways are prescribed for disposing of any thing forfeited to the Crown under the Act — (a) transfer to the Department for its use or transfer, with or without charge, to another public authority or to a department of the Commonwealth; or (b) sale at public auction, by tender or by private contract; or (c) treatment at a site licensed under Part V of the Act, as specified by the Chief Executive Officer; or (d) destruction or disposal at a site licensed under Part V of the Act, as specified by the Chief Executive Officer. (2) The Chief Executive Officer is to specify which method referred to in subregulation (1) is to apply in respect of a particular thing forfeited to the Crown. [Regulation 36 inserted: Gazette 11 Dec 1998 p. 6602‑3.] Part 11 — Modified penalties and Tier 2 offences [Heading inserted: Gazette 11 Dec 1998 p. 6603.] 37. Form of modified penalty notice prescribed (Act s. 99B(1)) Form 1 in Schedule 7 is prescribed, under section 99B(1) of the Act, as the form of modified penalty notice. [Regulation 37 inserted: Gazette 11 Dec 1998 p. 6603.] 38. Form of notice of withdrawal prescribed (Act s. 99D(1)) Form 2 in Schedule 7 is prescribed, under section 99D(1) of the Act, as the form of withdrawal of modified penalty notice. [Regulation 38 inserted: Gazette 11 Dec 1998 p. 6603.] 39. Particulars prescribed (Act s. 99E(3)) For the purposes of section 99E(3) of the Act, the following particulars are prescribed — (a) the name of the person who paid the modified penalty; (b) the section of the Act contravened in respect of which the modified penalty was paid; (c) a description of the offence; (d) the penalty paid; (e) the place where the register of certificates issued under section 99A of the Act and modified penalty notices may be inspected. [Regulation 39 inserted: Gazette 11 Dec 1998 p. 6603.] 40. Where and when public may inspect register (Act s. 99F(2)) The register that the Chief Executive Officer is required to maintain under section 99F(1) of the Act is to be available for public inspection during normal office hours at Level 4, The Atrium, 168 St Georges Terrace, Perth, Western Australia, 6000. [Regulation 40 inserted: Gazette 11 Dec 1998 p. 6603; amended: Gazette 29 Sep 2006 p. 4261; 28 Jun 2016 p. 2631.] Part 12 — Infringement notices and offences [Heading inserted: Gazette 11 Dec 1998 p. 6603.] 41. Infringement notice offences and modified penalties prescribed (Act s. 99H and 99K) (1) The offences described in the first column of Schedule 6 are prescribed for the purpose of the definition of infringement notice offence in section 99H of the Act and — (a) the amount appearing in the second column of that Schedule, directly opposite an offence, is the modified penalty prescribed in respect of that offence if the alleged offender has not previously been convicted of an offence of that kind and has not previously paid a modified penalty under Division 2 of Part VIA of the Act in respect of an alleged offence of that kind; and (b) the amount appearing in the third column of that Schedule, directly opposite an offence, is the modified penalty prescribed in respect of that offence if the alleged offender has previously been convicted of an offence of that kind, or has previously paid a modified penalty under Division 2 of Part VIA of the Act in respect of an alleged offence of that kind. (2) For the purposes of subregulation (1), a prior conviction or payment of a modified penalty in respect of an alleged offence against the regulations is not to be taken into account for the purposes of determining whether the alleged offender has previously been convicted of an offence or has previously paid a modified penalty notice unless — (a) the prior conviction was recorded within the period of 5 years immediately prior to the giving of an infringement notice in respect of the present alleged offence; or (b) the modified penalty was paid in respect of the prior alleged offence within the period of 5 years immediately prior to the giving of an infringement notice in respect of the present alleged offence. [Regulation 41 inserted: Gazette 11 Dec 1998 p. 6603‑4.] 42. Form of infringement notice prescribed (Act s. 99K(1)) Form 3 in Schedule 7 is prescribed, under section 99K(1) of the Act, as the form of infringement notice. [Regulation 42 inserted: Gazette 11 Dec 1998 p. 6604.] 43. Form of notice of withdrawal prescribed (Act s. 99N(1)) Form 4 in Schedule 7 is prescribed, under section 99N(1) of the Act, as the form of withdrawal of infringement notice. [Regulation 43 inserted: Gazette 11 Dec 1998 p. 6604.] Part 13 — Miscellaneous [Heading inserted: Gazette 11 Dec 1998 p. 6604.] 44. Maximum amount prescribed (Act s. 99Y(1)) (1) For the purposes of section 99Y(1)(a) of the Act — (a) $2 million is prescribed as the maximum amount that the offender may be ordered to pay to the Chief Executive Officer for reasonable costs and expenses incurred; and (b) $2 million is prescribed as the maximum amount that the offender may be ordered to pay to a public authority for reasonable costs and expenses incurred. (2) For the purposes of section 99Y(1)(b) of the Act — (a) $100 000 is prescribed as the maximum amount that the offender may be ordered to pay a person (other than the Chief Executive Officer or a public authority) for reasonably incurred costs and expenses; and (b) $500 000 is prescribed as the maximum amount that an offender may be ordered to pay to the Chief Executive Officer or a public authority as compensation for loss or damage suffered to property; and (c) $50 000 is prescribed as the maximum amount that an offender may be ordered to pay to a person (other than the Chief Executive Officer or a public authority) as compensation for loss or damage suffered to property. [Regulation 44 inserted: Gazette 11 Dec 1998 p. 6604‑5.] 45. Image data sources (Act s. 116B(1)) For the purposes of paragraph (b) of the definition of image data source in section 116B(1) of the Act, each of the following is declared — (a) a database maintained by Aerometrex Ltd (ACN 153 103 925); (b) a database maintained by LatConnect 60 Limited (ACN 635 426 149); (c) a database maintained by Nearmap Australia Pty Ltd (ACN 120 677 250); (d) a database maintained by the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5; (e) a database maintained by Airbus SE (EUID: NLNHR.24288945); (f) a database maintained by the European Space Agency established under Article I of the Convention for the establishment of a European Space Agency concluded at Paris on 30 May 1975; (g) a database maintained by Maxar Technologies Inc. (CIK 0001121142); (h) a database maintained by Planet Labs PBC (CIK 0001836833); (i) a database maintained by Scorpius Labs d.o.o. (Slovenian Business Register identification number 9375287000); (j) a database maintained by Sentinel Hub GmbH (FN 476519p); (k) a database maintained by Centre National d'Etudes Spatiales (SIREN 775665912); (l) a database maintained by UP42 GmbH (HRB 204574); (m) a database maintained by the United States Geological Survey established under 43 USC section 31 (2018). [Regulation 45 inserted: SL 2023/142 r. 4] Schedule 1 — Prescribed premises [r. 5] [Heading inserted: Gazette 13 Sep 1996 p. 4549.] Part 1 Category number Description of category Production or design capacity Cattle feedlot: premises on which the watering and feeding of cattle occurs, being premises — 1 (a) situated less than 100 m from a watercourse; and 500 animals or more (b) on which the number of cattle per hectare exceeds 50. 2 Intensive piggery: premises on which pigs are fed, watered and housed in pens. 1 000 animals or more [3, 4 deleted] 5 Processing or beneficiation of metallic or non‑metallic ore: premises on which — 50 000 tonnes or more per year (a) metallic or non‑metallic ore is crushed, ground, milled or otherwise processed; or (b) tailings from metallic or non‑metallic ore are reprocessed; or (c) tailings or residue from metallic or non‑metallic ore are discharged into a containment cell or dam. 6 Mine dewatering: premises on which water is extracted and discharged into the environment to allow mining of ore. 50 000 tonnes or more per year 7 Vat or in situ leaching of metal: premises on which metal is extracted from ore with a chemical solution. 5 000 tonnes or more per year 8 Mineral sands mining or processing: premises on which mineral sands ore is mined, screened, separated or otherwise processed. 5 000 tonnes or more per year 9 Coal mining: premises on which — 5 000 tonnes or more per year (a) water is extracted and discharged into the environment to allow coal mining; or (b) coal mining or processing occurs and tailings are discharged. 10 Oil or gas production from wells: premises, whether on land or offshore, on which crude oil, natural gas or condensate is extracted from below the surface of the land or the seabed, as the case requires, and is treated or separated to produce stabilized crude oil, purified natural gas or liquefied hydrocarbon gases. 5 000 tonnes or more per year 11 Oil or gas production (other): premises (other than premises within category 10) on which the commercial production of oil or gas occurs (including the reforming of hydrocarbon gas). 5 000 tonnes or more per year 12 Screening etc. of material: premises (other than premises within category 5 or 8) on which material extracted from the ground is screened, washed, crushed, ground, milled, sized or separated. 50 000 tonnes or more per year 13 Crushing of building material: premises on which waste building or demolition material (for example, bricks, stones or concrete) is crushed or cleaned. 1 000 tonnes or more per year 14 Solar salt manufacturing: premises on which salt is produced by solar evaporation. Not applicable 15 Abattoir: premises on which animals are slaughtered. 1 000 tonnes or more per year 16 Rendering operations: premises on which substances from animal material are processed or extracted. 100 tonnes or more per year 17 Milk processing: premises on which — 100 tonnes or more per year (a) milk is separated or evaporated (other than a farm); or (b) evaporated or condensed milk, butter, ice cream, cheese or any other dairy product is manufactured, and from which liquid waste is or is to be discharged onto land or into waters. Food processing: premises (other than premises within category 24) — 18 (a) on which vegetables are, or fruit or meat is, preserved, cooked, dried, canned, bottled or processed; and 200 tonnes or more per year (b) from which liquid waste is or is to be discharged onto land or into waters. 19 Edible oil or fat processing: premises on which vegetable oil or oil seed or animal fat is processed and from which liquid waste is or is to be discharged onto land or into waters. 200 tonnes or more per year 20 Starch manufacturing: premises on which starch or gluten is manufactured and from which liquid waste is or is to be discharged onto land or into waters. 200 tonnes or more per year 21 Sugar milling or refining: premises on which sugar cane is crushed or sugar is refined. 1 000 tonnes or more per year 22 Seafood processing: premises (other than a fish wholesaler) on which fish or other seafood is processed and from which liquid waste is or is to be discharged onto land or into waters. 200 tonnes or more per year 23 Animal feed manufacturing: premises (other than premises within category 15 or 16) on which animal food is manufactured or processed. 1 000 tonnes or more per year 24 Non‑alcoholic beverage manufacturing: premises on which a non‑alcoholic beverage is manufactured and from which liquid waste is or is to be discharged onto land or into waters. 200 kL or more per year 25 Alcoholic beverage manufacturing: premises on which an alcoholic beverage is manufactured and from which liquid waste is or is to be discharged onto land or into waters. 350 kL or more per year Textile operations: premises on which — 26 (a) carpet or yarn is manufactured; or 1 000 tonnes or more per year (b) cotton ginning or milling occurs; or (c) textiles are bleached, dyed or finished. 27 Woolscouring: premises on which wool is scoured or cleaned. 1 000 tonnes or more per year 28 Wood board manufacturing: premises on which particleboard or chipboard is fabricated or manufactured. 500 tonnes or more per year 29 Timber preserving: premises on which timber is preserved for commercial purposes by the use of chemicals. Not applicable 30 Pulp, paper or paperboard manufacturing: premises on which paper pulp, wood pulp, kraft paper, kraft paperboard, cardboard, paper or paperboard is manufactured. 5 000 tonnes or more per year 31 Chemical manufacturing: premises (other than premises within category 32) on which chemical products are manufactured by a chemical process. 100 tonnes or more per year 32 Pesticides manufacturing: premises on which herbicides, insecticides or pesticides are manufactured by a chemical process. Not applicable 33 Chemical blending or mixing: premises on which chemicals or chemical products are mixed, blended or packaged in a manner that causes or is likely to cause a discharge of waste into the environment. 500 tonnes or more per year 34 Oil or gas refining: premises on which crude oil, condensate or gas is refined or processed. Not applicable 35 Asphalt manufacturing: premises on which hot or cold mix asphalt is produced using crushed or ground rock aggregates mixed with bituminous or asphaltic materials for use at places or premises other than those premises. Not applicable 36 Bitumen manufacturing: premises on which bitumen is mixed or prepared for use at places or premises other than those premises. Not applicable 37 Char manufacturing: premises on which wood, carbon material or coal is charred to produce a fuel or material of a carbonaceous nature or of enriched carbon content. 10 tonnes or more per year 38 Coke production: premises on which coke is produced, quenched, cut, crushed or graded from coal or petroleum. 100 tonnes or more per year 39 Chemical or oil recycling: premises on which waste liquid hydrocarbons or chemicals are refined, purified, reformed, separated or processed. Not applicable 40 Glass or glass fibre manufacturing: premises on which glass or glass fibre is manufactured. 200 tonnes or more per year 41 Clay bricks or ceramic products manufacturing: premises on which refractory products, tiles, pipes or pottery are manufactured. 1 000 tonnes or more per year 42 Mineral wool or ceramic fibre manufacturing: premises on which mineral wool or ceramic fibre is manufactured. Not applicable 43 Cement or lime manufacturing: premises on which — Not applicable (a) clay, limes and or limestone material is used in a furnace or kiln in the production of cement clinker or lime; or (b) cement clinker, clay, limestone or similar material is ground. 44 Metal smelting or refining: premises on which metal ore, metal ore concentrate or metal waste is smelted, fused, roasted, refined or processed. 1 000 tonnes or more per year 45 Metal melting or casting: premises on which metal or scrap metal is melted in furnaces or cast. 100 tonnes or more per year 46 Bauxite refining: premises (other than premises within paragraph (b) of category 5) on which alumina is produced from bauxite refining. Not applicable 47 Scrap metal recovery: premises (other than premises within category 45) on which metal scrap is fragmented or melted, including premises on which lead acid batteries are reprocessed. 100 tonnes or more per year 48 Metal finishing: premises on which metals are chemically cleaned or metals, plastics or metal or plastic products are plated, electroplated, anodized, coloured or otherwise coated or finished. Not applicable 48A Metal finishing: premises on which iron or steel is galvanized. Not applicable 49 Boat building and maintenance: premises on which — Not applicable (a) vessels are commercially built or maintained; and (b) organotin compounds are used or removed from vessels. 50 Tannery: premises on which animal skins or hides are tanned, dressed, finished or dyed and from which liquid waste is or is to be discharged onto land or into waters. 1 000 skins or hides or more per year 51 Foam products manufacturing: premises on which resin is used to prepare or manufacture plastic foam or plastic foam products using MDI (diphenylmethane di‑iso‑cyanate) or TDI (toluene‑2, 4‑di‑iso‑cyanate). 1 tonne or more per year 52 Electric power generation: premises (other than premises within category 53 or an emergency or standby power generating plant) on which electrical power is generated using a fuel. 20 MW or more in aggregate (using natural gas) 10 MW or more in aggregate (using a fuel other than natural gas) 53 Flyash disposal: premises on which flyash is disposed of. 1 000 tonnes or more per year 54 Sewage facility: premises — 100 m3 or more per day (a) on which sewage is treated (excluding septic tanks); or (b) from which treated sewage is discharged onto land or into waters. 54A Water desalination plant: premises at which salt is extracted from water if — 10 GL or more per year (a) waste water is discharged into marine waters; and (b) the discharged waste water has a density greater than the average ambient density of the marine water at the discharge site. 55 Livestock saleyard or holding pen: premises on which live animals are held pending their sale, shipment or slaughter. 10 000 animals or more per year 56 Used tyre storage (tyre fitting business): premises on which used tyres are stored in connection with a tyre fitting business. 500 tyres or more 57 Used tyre storage (general): premises (other than premises within category 56) on which used tyres are stored. 100 tyres or more 58 Bulk material loading or unloading: premises on which clinker, coal, ore, ore concentrate or any other bulk granular material (other than salt) is loaded onto or unloaded from vessels by an open materials loading system. 100 tonnes or more per day 58A Bulk material loading or unloading: premises on which salt is loaded onto or unloaded from vessels by an open materials loading system. 100 tonnes or more per day 59 Biomedical waste incineration: premises on which — Not applicable (a) infectious or potentially infectious waste produced by health care establishments, or by pathology, dental, or veterinary practices, or by laboratories, is incinerated; or (b) quarantine waste is incinerated; or (c) cytotoxic waste is destroyed, but not including premises on which there are only facilities used exclusively for human or animal cremation. 60 Incineration: premises (other than premises within category 59) on which waste, excluding clean paper and cardboard, is incinerated. 100 kg or more per hour 61 Liquid waste facility: premises on which liquid waste produced on other premises (other than sewerage waste) is stored, reprocessed, treated or irrigated. 100 tonnes or more per year 61A Solid waste facility: premises (other than premises within category 67A) on which solid waste produced on other premises is stored, reprocessed, treated, or discharged onto land. 1 000 tonnes or more per year 62 Solid waste depot: premises on which waste is stored or sorted, pending final disposal or re‑use, other than in the course of operating — 500 tonnes or more per year (not including any waste stored or sorted only in the course of operating a refund point or aggregation point) (a) a refund point (as defined in the Waste Avoidance and Resource Recovery Act 2007 section 47C(1)) (a refund point); or (b) a facility or other place (an aggregation point) for the aggregation of containers that have been returned to refund points until those containers are accepted for processing or disposal. 63 Class I inert landfill site: premises (other than clean fill premises) on which waste of a type permitted for disposal for this category of prescribed premises, in accordance with the Landfill Waste Classification and Waste Definitions 1996, is accepted for burial. 500 tonnes or more per year 64 Class II or III putrescible landfill site: premises (other than clean fill premises) on which waste of a type permitted for disposal for this category of prescribed premises, in accordance with the Landfill Waste Classification and Waste Definitions 1996, is accepted for burial. 20 tonnes or more per year 65 Class IV secure landfill site: premises (other than clean fill premises) on which waste of a type permitted for disposal for this category of prescribed premises, in accordance with the Landfill Waste Classification and Waste Definitions 1996, is accepted for burial. Not applicable 66 Class V intractable landfill site: premises (other than clean fill premises) on which waste of a type permitted for disposal for this category of prescribed premises, in accordance with the Landfill Waste Classification and Waste Definitions 1996, is accepted for burial. Not applicable In aggregate 500 kg or more per hour (fuel with a sulphur content of 0.25% or more) 67 Fuel burning: premises on which gaseous, liquid or solid fuel is burnt in a boiler for the supply of steam or in power generation equipment. or In aggregate 2 000 kg or more per hour (fuel with a sulphur content of less than 0.25%) 67A Compost manufacturing and soil blending: premises on which organic material (excluding silage) or waste is stored pending processing, mixing, drying or composting to produce commercial quantities of compost or blended soils. 1 000 tonnes or more per year [Part 1 inserted: Gazette 13 Sep 1996 p. 4549‑59; amended: Gazette 10 Dec 1996 p. 6877; 12 Sep 1997 p. 5151; 15 Aug 2000 p. 4715‑17;14 Jun 2002 p. 2293‑4; 13 Dec 2005 p. 5983; 22 Jun 2007 p. 2843, 30 Oct 2007 p. 5877; 23 Jul 2010 p. 3401; 20 Aug 2013 p. 3856; 27 Apr 2018 p. 1390; SL 2020/134 r. 4.] Part 2 Category Description of category Production or design capacity number Cattle feedlot: premises on which the watering and feeding of cattle occurs, being premises — 68 (a) situated 100 m or more from a watercourse; and 500 animals or more (b) on which the number of cattle per hectare exceeds 50. 69 Intensive piggery: premises on which pigs are fed, watered and housed in pens. More than 500 but less than 1 000 animals 70 Screening etc. of material: premises on which material extracted from the ground is screened, washed, crushed, ground, milled, sized or separated. More than 5 000 but less than 50 000 tonnes per year [71 deleted] 72 Chemical manufacturing: premises on which chemical products are manufactured by a chemical process. Not more than 100 tonnes per year 73 Bulk storage of chemicals etc.: premises on which acids, alkalis or chemicals that — 1 000 m3 in aggregate (a) contain at least one carbon to carbon bond; and (b) are liquid at STP (standard temperature and pressure), are stored. 74 Chemical blending or mixing causing discharge: premises on which chemicals or chemical products are mixed, blended or packaged in a manner that causes or is likely to cause a discharge of waste into the environment. More than 50 but less than 500 tonnes per year 75 Chemical blending or mixing not causing discharge: premises on which chemicals or chemical products are mixed, blended or packaged in a manner that does not cause or is not likely to cause a discharge of waste into the environment. 5 000 tonnes or more per year 76 Ceramic goods manufacturing: premises on which ceramic kitchen or table ware or other non‑refractory ceramic products are manufactured. 200 tonnes or more per year 77 Concrete batching or cement products manufacturing: premises on which cement products or concrete are manufactured for use at places or premises other than those premises. 100 tonnes or more per year 78 Plaster manufacturing: premises on which plaster, plaster board, gyprock or other products comprised wholly or primarily of gypsum are manufactured. 500 tonnes or more per year 79 Carbon stripping: premises on which carbon granules from a gold extraction process located at another place or on other premises are reprocessed. 100 tonnes or more per year 80 Non‑metallic mineral processing: premises on which non‑metallic minerals are crushed, ground, milled or separated. 100 tonnes or more per year 81 Metal coating: premises on which metal products (excluding vehicles) are spray painted, powder coated or enamelled. 1 000 L or more per year (paint or powder) 82 Boat building and maintenance: premises on which — Not applicable (a) vessels are commercially built or maintained; and (b) organotin compounds are not used or removed from vessels. 83 Fellmongering: premises on which animal skins or hides are dried, cured or stored. 1 000 skins or hides or more per year 84 Electric power generation: premises (other than premises within category 53 or an emergency or standby power generating plant) on which electrical power is commercially generated using natural gas as a fuel. More than 10 but less than 20 MW in aggregate Sewage facility: premises — 85 (a) on which sewage is treated (excluding septic tanks); or More than 20 but less than 100 m3 per day (b) from which treated sewage is discharged onto land or into waters. 85A Sewage pumping station: premises on which sewage is pumped (other than to or from septic tanks) and where a discharge of waste from the station may enter the Swan River or the Canning River. Not applicable 85B Water desalination plant: premises at which salt is extracted from water if waste water is discharged onto land or into waters (other than marine waters). 0.50 GL or more per year 86 Bulk material loading or unloading: premises on which clinker, coal, ore, ore concentrate or any other bulk granular material is loaded onto or unloaded from vessels by a closed materials loading system. 100 tonnes or more per day 87 Fuel burning: premises on which gaseous, liquid or solid fuel with a sulphur content of less than 0.25% is burnt in a boiler for the supply of steam or in power generation equipment. More than 500 but less than 2 000 kg per hour in aggregate Metal finishing: premises on which — 88 (a) metals are chemically cleaned or metals, plastics or metal or plastic products are plated, electroplated, anodised, coloured or otherwise coated or finished; and Not applicable (b) from which liquid waste is discharged into a sewer. 89 Putrescible landfill site: premises (other than clean fill premises) on which waste of a type permitted for disposal for this category of prescribed premises, in accordance with the Landfill Waste Classification and Waste Definitions 1996, is accepted for burial. More than 20 but less than 5 000 tonnes per year [Part 2 inserted: Gazette 13 Sep 1996 p. 4557‑59; amended: Gazette 10 Dec 1996 p. 6877; 15 Aug 2000 p. 4716-17; 13 Dec 2005 p. 5983; 20 Aug 2013 p. 3856‑7; 27 Apr 2018 p. 1390.] [Schedule 2 deleted: Gazette 8 May 2012 p. 1893.] Schedule 3 — Works approval fee [r. 5BA(1)] [Heading amended: Gazette 12 Jun 2018 p. 1889.] Cost of works Fee units Not more than $10 000 15 More than $10 000 but not more than $50 000 15 plus 5 for every $10 000 above $10 000 More than $50 000 but not more than $500 000 35 plus 10 for every $50 000 above $50 000 More than $500 000 but not more than $5 000 000 125 plus 20 for every $500 000 above $500 000 More than $5 000 000 but not more than $25 000 000 305 plus 100 for every $5 000 000 above $5 000 000 More than $25 000 000 but not more than $100 000 000 705 plus 50 for every $5 000 000 above $25 000 000 More than $100 000 000 1405 [Schedule 3 inserted: Gazette 13 Sep 1996 p. 4559‑60; amended: Gazette 12 Jun 2018 p. 1889.] Schedule 4 — Licence fee [r. 5D] [Heading inserted: Gazette 13 Sep 1996 p. 4560.] Part 1 — Premises component [Heading inserted: Gazette 13 Sep 1996 p. 4560.] Category Production or design capacity Fee units Categories 1 and 2 Not more than 2 000 animals 25 More than 2 000 animals but not more than 5 000 animals 50 More than 5 000 animals 100 [Categories 3 and 4 deleted] Categories 5, 7, 8, 9, 12, 13, and 14 Not more than 50 000 tonnes per year 50 More than 50 000 but not more than 100 000 tonnes per year 100 More than 100 000 but not more than 500 000 tonnes per year 200 More than 500 000 but not more than 5 000 000 tonnes per year 300 More than 5 000 000 tonnes per year 450 Categories 6 and 53 Not more than 100 000 tonnes per year 30 More than 100 000 but not more than 500 000 tonnes per year 50 More than 500 000 tonnes per year 100 Categories 10, 11 and 34 Not more than 50 000 tonnes per year 75 More than 50 000 but not more than 100 000 tonnes per year 150 More than 100 000 but not more than 500 000 tonnes per year 250 More than 500 000 but not more than 2 000 000 tonnes per year 400 More than 2 000 000 tonnes per year 600 Not more than 5 000 tonnes per year 75 Category 15 More than 5 000 but not more than 50 000 tonnes per year 150 50 000 tonnes or more per year 200 Not more than 2 000 tonnes per year 100 Category 16 More than 2 000 but not more than 10 000 tonnes per year 200 More than 10 000 tonnes per year 300 Categories 17, 18, 19, 20, 22, 23, 24, 25 and 27 Not more than 2 000 tonnes per year 50 More than 2 000 but not more than 10 000 tonnes per year 75 More than 10 000 but not more than 100 000 tonnes per year 150 More than 100 000 tonnes per year 200 Category 21 Not more than 10 000 tonnes per year 75 More than 10 000 but not more than 100 000 tonnes per year 150 More than 100 000 tonnes per year 250 Category 26 Not more than 10 000 tonnes per year 50 More than 10 000 but not more than 100 000 tonnes per year 100 More than 100 000 tonnes per year 150 Categories 28 and 29 Not more than 5 000 tonnes per year 50 More than 5 000 but not more than 50 000 tonnes per year 150 More than 50 000 tonnes per year 200 Category 30 Not more than 50 000 tonnes per year 100 More than 50 000 but not more than 250 000 tonnes per year 150 More than 250 000 but not more than 1 000 000 tonnes per year 200 More than 1 000 000 tonnes per year 400 Not more than 2 000 tonnes per year 50 Categories 31 and 32 More than 2 000 but not more than 10 000 tonnes per year 150 More than 10 000 but not more than 50 000 tonnes per year 250 More than 50 000 but not more than 100 000 tonnes per year 400 More than 100 000 tonnes per year 600 Categories 33, 35, 36, 37 and 38 Not more than 2 000 tonnes per year 50 More than 2 000 but not more than 10 000 tonnes per year 100 More than 10 000 but not more than 50 000 tonnes per year 200 More than 50 000 tonnes per year 300 Category 39 Not more than 500 tonnes per year 20 More than 500 tonnes but not more than 2 000 tonnes per year 50 More than 2 000 but not more than 10 000 tonnes per year 100 More than 10 000 but not more than 50 000 tonnes per year 200 More than 50 000 tonnes per year 300 Categories 40, 42 and 43 Not more than 10 000 tonnes per year 100 More than 10 000 but not more than 100 000 tonnes per year 200 More than 100 000 tonnes per year 400 Category 41 Not more than 5 000 tonnes per year 150 More than 5 000 but not more than 50 000 tonnes per year 300 More than 50 000 but not more than 500 000 tonnes per year 750 More than 500 000 tonnes per year 1 050 Category 44 Not more than 10 000 tonnes per year 75 More than 10 000 but not more than 50 000 tonnes per year 150 More than 50 000 but not more than 500 000 tonnes per year 300 More than 500 000 tonnes per year 600 Category 45 Not more than 1 000 tonnes per year 50 More than 1 000 but not more than 10 000 tonnes per year 100 More than 10 000 but not more than 100 000 tonnes per year 200 More than 100 000 tonnes per year 400 Category 46 Not more than 1 000 000 tonnes per year 1 250 More than 1 000 000 tonnes per year 3 000 Category 47 Not more than 2 000 tonnes per year 20 More than 2 000 but not more than 10 000 tonnes per year 50 More than 10 000 tonnes per year 100 Category 48 Not more than 100 tonnes per year 25 More than 100 tonnes but not more than 1 000 tonnes per year 50 More than 1 000 tonnes but not more than 20 000 tonnes per year 100 More than 20 000 tonnes per year 200 Category 48A Not more than 1 000 tonnes per year 50 More than 1 000 tonnes but not more than 10 000 tonnes per year 100 More than 10 000 tonnes per year 200 Category 49 Not applicable 50 Categories 50 and 51 Not applicable 50 Category 52 Not more than 20 MW 50 More than 20 but not more than 100 MW 100 More than 100 but not more than 200 MW 200 More than 200 MW 500 Category 54 Not more than 200 m3 per day 20 More than 200 but not more than 2 000 m3 per day 50 More than 2 000 m3 per day 100 Category 54A Not more than 20 GL per year 20 More than 20 but not more than 40 GL per year 50 More than 40 GL per year 100 Category 55 Not more than 50 000 animals per year 20 More than 50 000 animals per year 50 Categories 56 and 57 Not applicable 20 Category 58 Not more than 5 000 tonnes per day 500 More than 5 000 but not more than 10 000 tonnes per day 625 More than 10 000 but not more than 50 000 tonnes per day 750 More than 50 000 tonnes per day 1 400 Category 58A Not applicable 500 Category 59 Not more than 100 kg per hour 50 More than 100 kg per hour 100 Category 60 Not more than 500 kg per hour 50 More than 500 kg per hour 100 Categories 61 and 61A Not more than 100 tonnes per year 15 More than 100 but not more than 10 000 tonnes per year 30 More than 10 000 but not more than 100 000 tonnes per year 45 More than 100 000 tonnes per year 60 Category 62 More than 500 but not more than 5 000 tonnes per year 8 More than 5 000 tonnes per year 40 Category 63 Not more than 500 tonnes per year Nil More than 500 but not more than 5 000 tonnes per year 8 More than 5 000 but not more than 50 000 tonnes per year 40 More than 50 000 but not more than 500 000 tonnes per year 80 More than 500 000 tonnes per year 160 Category 64 Not more than 5 000 tonnes per year 24 More than 5 000 but not more than 50 000 tonnes per year 160 More than 50 000 but not more than 100 000 tonnes per year 320 More than 100 000 tonnes per year 640 Category 65 Not applicable 655 Category 66 Not applicable 655 Category 67 Not applicable 15 Category 67A Not more than 500 tonnes per year Nil More than 500 but not more than 5 000 tonnes per year 40 More than 5 000 but not more than 50 000 tonnes per year 160 More than 50 000 but not more than 100 000 tonnes per year 320 More than 100 000 tonnes per year 640 Categories 68 to 85 Not applicable 24 Category 86 Not applicable 500 Categories 87 to 89 Not applicable 24 [Part 1 inserted: Gazette 13 Sep 1996 p. 4560‑7; amended: Gazette 10 Dec 1996 p. 6878; 15 Aug 2000 p. 4717‑18; 14 Jun 2002 p. 2794; 13 Dec 2005 p. 5983; 22 Jun 2007 p. 2844; 30 Oct 2007 p. 5878; 23 Jul 2010 p. 3401.] Part 2 — Part 2 waste [Heading inserted: Gazette 13 Dec 2005 p. 5984.] Discharge quantity Fee units Not more than 10 000 tonnes per year 30 More than 10 000 but not more than 100 000 tonnes per year 70 More than 100 000 but not more than 500 000 tonnes per year 150 More than 500 000 but not more than 1 000 000 tonnes per year 200 More than 1 000 000 tonnes per year 400 [Part 2 inserted: Gazette 13 Sep 1996 p. 4565.] Part 3 — Discharge component [Heading inserted: Gazette 13 Sep 1996 p. 4565.] Table 1 — Discharges into air Kind of waste Fee units (for each gram per minute) 1. Carbon monoxide 0.01 2. Oxides of nitrogen, sulphur oxides and particulates — (a) discharged from premises in the metropolitan region (as defined in the Planning and Development Act 2005) or the Swan Coastal Plain 1 (b) discharged from premises in any other part of the State 0.1 3. Volatile organic compounds (being compounds not specified elsewhere in this Table that participate in atmospheric photochemical reactions) — (a) discharged from premises in the metropolitan region (as defined in the Planning and Development Act 2005) or the Swan Coastal Plain 1 (b) discharged from premises in any other part of the State 0.1 4. Inorganic fluoride 2.5 5. Pesticides 2.5 6. Aluminium, arsenic, chromium, cobalt, copper, lead, manganese, molybdenum, nickel, vanadium and zinc 2.5 7. Vinyl chloride, hydrogen sulphide, benzene, carbon oxysulphide, carbon disulphide and acrylates 10 8. Beryllium, cadmium, mercury, TDI (toluene‑2, 4‑di‑iso‑cyanate), MDI (diphenyl‑methane di‑iso‑cyanate) 100 9. Other waste 1 Table 2 — Discharges onto land or into waters Kind of waste Fee units 1. Liquid waste that can potentially deprive receiving waters of oxygen (for each kilogram discharged per day) — (a) biochemical oxygen demand (in the absence of chemical oxygen demand limit) (b) chemical oxygen demand (in the absence of total organic carbon limit) 0.5 (c) total organic carbon 1 0.5 2. Biostimulants (for each kilogram discharged per day) — (a) phosphorus — 10 (i) Swan Coastal Plain 2 (ii) elsewhere (b) total nitrogen — 10 (i) Swan Coastal Plain 2 (ii) elsewhere 3. Liquid waste that physically alters the characteristics of naturally occurring waters — (a) total suspended solids (for each kilogram discharged per day) 0.5 (b) surfactants (for each kilogram discharged per day) 10 (c) colour alteration (for each platinum cobalt unit of colour above the ambient colour of the waters in each megalitre discharged per day) 0.05 (d) temperature alteration (for each 1°C above the ambient temperature of the waters in each megalitre discharged per day) — (i) in the sea south of the Tropic of Capricorn (ii) in other waters 0.05 0.25 4. Waste that can potentially accumulate in the environment or living tissue (for each kilogram discharged per day) — (a) aluminium, arsenic, cadmium, chromium, cobalt, copper, lead, mercury, molybdenum, nickel, vanadium and zinc 100 (b) pesticides 100 (c) fish tainting wastes 100 (d) manganese 10 5. E coli bacteria as indicator species (in each megalitre discharged per day) — 5 (a) 1 000 to 5 000 organisms per 100 ml 10 (b) 5 000 to 20 000 organisms per 100 ml 15 (c) more than 20 000 organisms per 100 ml 6. Other waste (per kilogram discharged per day) — 0.05 (a) oil and grease 0.05 (b) total dissolved solids 1 (c) fluoride 1 (d) iron (e) total residual chlorine 10 (f) other 1 [Part 3 inserted: Gazette 13 Sep 1996 p. 4565‑7; amended: Gazette 10 Dec 1996 p. 6878; 15 Aug 2000 p. 4718; 29 Sep 2006 p. 4266; 22 Jun 2007 p. 2844; 28 Jun 2016 p. 2631.] Schedule 5 — Tyre landfill exclusion zone [r. 11(1)] [Heading inserted: Gazette 10 Dec 1996 p. 6879.] Part 1 — Metropolitan Armadale Fremantle Rockingham Bassendean Gosnells Serpentine‑ Bayswater Kalamunda Jarrahdale Belmont Kwinana South Perth Cambridge Melville Stirling Canning Mosman Park Subiaco Claremont Mundaring Swan Cockburn Nedlands Victoria Park Cottesloe Peppermint Grove Vincent East Fremantle Perth Wanneroo [Part 1 inserted: Gazette 10 Dec 1996 p. 6879.] Part 2 — Country Beverley Gingin Northam (Shire) Boddington Mandurah Toodyay Brookton Murray Wandering Chittering Northam (Town) York [Part 2 inserted: Gazette 10 Dec 1996 p. 6879.] Schedule 5A — Areas where burning matter on or from development sites is prohibited [r. 16B] [Heading inserted: Gazette 19 Dec 2000 p. 7284.] 1. Perth metropolitan area The area comprising the area bound by the coastline and the local government district boundaries of the City of Wanneroo, the City of Swan, the Shire of Mundaring, the Shire of Kalamunda, the City of Armadale, the Shire of Serpentine‑Jarrahdale and the City of Rockingham. [Clause 1 inserted: Gazette 19 Dec 2000 p. 7284.] 2. Mandurah area The area comprising the local government district of the City of Mandurah. [Clause 2 inserted: Gazette 19 Dec 2000 p. 7284.] Schedule 6 — Infringement notice offences [r. 41] Modified penalty Infringement notice offence Modified penalty for first offence for subsequent $ offence $ Environmental Protection Act 1986 1. section 77(1), (2) or (3) 250 500 2. section 78(1) or (3) 250 500 3. section 79(1) 250 500 4. section 80 250 500 5. section 84(1) 250 500 6. section 85(1) 250 500 7. section 97(2) 250 500 8. section 110H(6) 250 500 Environmental Protection Regulations 1987 1. regulation 5B(4) 250 500 2. regulation 5M(4) 250 500 3. regulation 13(1) 250 500 4. regulation 13A(1) 250 500 5. regulation 16(1) 250 500 6. regulation 16(2) 250 500 7. regulation 16(3) 250 500 8. regulation 16B 500 1 000 9. regulation 26(1) 250 500 9A. regulation 26(5) 250 500 10. regulation 28(2) 250 500 11. regulation 28(4) 250 500 12. regulation 28(8) 250 500 13. regulation 29(5) 250 500 14. regulation 31(2) 250 500 Environmental Protection (Recovery of Vapours from the Transfer of Organic Liquids) Regulations 1995 1. regulation 7(1) 250 500 2. regulation 8(1) 250 500 3. regulation 8(5) 250 500 4. regulation 9(1) 250 500 5. regulation 9(5) 250 500 6. regulation 10 250 500 7. regulation 11 250 500 8. regulation 12 250 500 9. regulation 13(1) 250 500 10. regulation 13(2) 250 500 Environmental Protection (Noise) Regulations 1997 1. regulation 6(2) 250 500 2. regulation 23 250 500 Environmental Protection (Fibre Reinforced Plastics) Regulations 1998 1. regulation 3(1) 250 500 2. regulation 3(2) 250 500 3. regulation 3(3) 250 500 4. regulation 4(1) 250 500 5. regulation 5 250 500 6. regulation 6 250 500 Environmental Protection (Abrasive Blasting) Regulations 1998 1. regulation 3 250 500 2. regulation 4 250 500 3. regulation 5(1) 250 500 4. regulation 5(2) 250 500 5. regulation 6 250 500 6. regulation 7(2) 250 500 7. regulation 7(3) 250 500 8. regulation 7(4) 250 500 9. regulation 8 250 500 Environmental Protection (Concrete Batching and Cement Product Manufacturing) Regulations 1998 1. regulation 3(1) 250 500 2. regulation 3(2) 250 500 3. regulation 4(1) 250 500 4. regulation 4(2) 250 500 5. regulation 5(1) 250 500 6. regulation 5(2) 250 500 7. regulation 5(3) 250 500 8. regulation 5(4) 250 500 9. regulation 6(1) 250 500 10. regulation 6(3) 250 500 11. regulation 6(4) 250 500 12. regulation 7(2) 250 500 13. regulation 7(3) 250 500 14. regulation 7(4) 250 500 15. regulation 8(2) 250 500 16. regulation 9(1) 250 500 17. regulation 9(2) 250 500 18. regulation 10(1) 250 500 19. regulation 10(2) 250 500 20. regulation 11(1) 250 500 21. regulation 11(2) 250 500 22. regulation 12(1) 250 500 23. regulation 12(2) 250 500 24. regulation 12(3) 250 500 25. regulation 13 250 500 Environmental Protection (Abattoirs) Regulations 2001 1. regulation 4(1) 250 500 2. regulation 4(2) 250 500 3. regulation 5 250 500 4. regulation 7(1) 250 500 5. regulation 9 250 500 6. regulation 12 250 500 7. regulation 13 250 500 8. regulation 14 250 500 Environmental Protection (Metal Coating) Regulations 2001 1. regulation 4 250 500 2. regulation 5 250 500 3. regulation 6 250 500 4. regulation 7 250 500 5. regulation 8 250 500 6. regulation 9 250 500 7. regulation 10(1) 250 500 8. regulation 10(2) 250 500 9. regulation 11(1) 250 500 10. regulation 11(2) 250 500 11. regulation 12 250 500 Environmental Protection (Rural Landfill) Regulations 2002 1. regulation 5 250 500 2. regulation 6(1) 250 500 3. regulation 6(3) 250 500 4. regulation 7 250 500 5. regulation 8 250 500 6. regulation 9 250 500 7. regulation 10 250 500 8. regulation 11 250 500 9. regulation 12 250 500 10. regulation 13(1) 250 500 11. regulation 14 250 500 12. regulation 15 250 500 13. regulation 16 250 500 14. regulation 17(1) 250 500 Environmental Protection (Solid Fuel Heater and Firewood) Regulations 2018 1. regulation 5(1) 250 500 2. regulation 6 250 500 3. regulation 7(3) 250 500 4. regulation 10 250 500 5. regulation 11 250 500 6. regulation 12(4) 250 500 7. regulation 15 250 500 Environmental Protection (Unauthorised Discharges) Regulations 2004 1. regulation 3(1) 250 500 2. regulation 4(1) 250 500 3. regulation 4(2) 250 500 Environmental Protection (Controlled Waste) Regulations 2004 1. regulation 6(4) 250 500 2. regulation 11(1) 250 500 3. regulation 13(2) 250 500 4. regulation 14 250 500 5. regulation 15(1) 250 500 6. regulation 15(2) 250 500 7. regulation 17 250 500 8. regulation 19(2) 250 500 9. regulation 21 250 500 10. regulation 22(5) 250 500 11A. regulation 25B(2) 250 500 11. regulation 25(1) 250 500 12. regulation 25(2) 250 500 13. regulation 25(3) 250 500 14A. regulation 25(4A) 250 500 14. regulation 25(4) 250 500 15. regulation 25(6) 250 500 16. regulation 26(2) 250 500 17. regulation 27(3) 250 500 18. regulation 28(1) 250 500 19. regulation 29(1) 250 500 20. regulation 30(1) 250 500 21A. regulation 31A(1) 250 500 21. regulation 31(1) 250 500 22A. regulation 32A(2) 250 500 22. regulation 32(1) 250 500 23. regulation 33 250 500 24. regulation 34 250 500 25. regulation 35(1) 250 500 26. regulation 35(2) 250 500 27. regulation 39(7) 250 500 28. regulation 40(2) 250 500 29. regulation 41A(3) 250 500 [30‑32. deleted] 33. regulation 41(7) 250 500 34. regulation 43 250 500 35. regulation 44 250 500 36. regulation 45 250 500 38. regulation 47 250 500 39. regulation 50 250 500 40. regulation 51(2) 250 500 Environmental Protection (NEPM‑NPI) Regulations 1998 1. regulation 5(2)(a) 250 500 2. regulation 6(2) 250 500 Environmental Protection (NEPM-UPM) Regulations 2007 5 1. regulation 5(1)(a) 250 500 2. regulation 5(1)(b) 250 500 3. regulation 8(1) 250 500 4. regulation 8(2) 250 500 5. regulation 9(1) 250 500 6. regulation 9(2) 250 500 Environmental Protection (NEPM-UPM) Regulations 2013 1. regulation 6(1)(a) 250 500 2. regulation 6(1)(b) 250 500 3. regulation 9(1) 250 500 4. regulation 9(2) 250 500 5. regulation 10(2) 250 500 6. regulation 10(3) 250 500 Environmental Protection (Packaged Fertiliser) Regulations 2010 1. regulation 7(5) 250 500 2. regulation 7(6) 250 500 3. regulation 8(3) 250 500 4. regulation 8(4) 250 500 5. regulation 9(5) 250 500 6. regulation 9(6) 250 500 7. regulation 10(3) 250 500 8. regulation 10(4) 250 500 9. regulation 11(3) 250 500 10. regulation 11(4) 250 500 11. regulation 12(3) 250 500 12. regulation 12(4) 250 500 13. regulation 16(1) 250 500 14. regulation 16(2) 250 500 15. regulation 17(4) 250 500 16. regulation 17(5) 250 500 Environmental Protection (Prohibited Plastics and Balloons) Regulations 2018 1. regulation 4 250 500 2. regulation 5 250 500 3. regulation 7(1) 250 500 4. regulation 8(1) 250 500 5. regulation 16 250 500 6. regulation 17 250 500 7. regulation 17B 250 500 8. regulation 17C 250 500 9. regulation 17E 250 500 10. regulation 17F(1) 250 500 11. regulation 17I 250 500 12. regulation 18(1) 250 500 13. regulation 18(2) 250 500 14. regulation 18A(2) 250 500 [Schedule 6 inserted: Gazette 11 Dec 1998 p. 6605‑8; amended: Gazette 15 Aug 2000 p. 4718; 19 Dec 2000 p. 7284; 5 Jan 2001 p. 119; 30 Mar 2001 p. 1809, p. 1828 and 1867‑8; 12 Apr 2001 p. 2097; 30 Nov 2001 p. 6071; 14 Jun 2002 p. 2794‑5; 20 Dec 2002 p. 6020; 23 Jul 2003 p. 3173; 12 Mar 2004 p. 748‑9; 1 Jul 2004 p. 2664‑6; 29 Sep 2006 p. 4267; 27 Apr 2007 p. 1812; 31 Dec 2010 p. 6883‑4; 2 Mar 2012 p. 855; 8 May 2012 p. 1893; 24 Sep 2013 p. 4385-6; 1 Aug 2014 p. 2823‑4; 12 Jun 2018 p. 1891; 31 Aug 2018 p. 3016; 16 Oct 2018 p. 4093; SL 2021/215 r. 10; SL 2022/64 r. 17; SL 2023/13 r. 20; SL 2024/86 r. 6.] Schedule 7 — Forms [r. 37, 38, 42, 43] [Heading inserted: Gazette 11 Dec 1998 p. 6608.] Form 1 Environmental Protection Act 1986 (Section 99B) Modified penalty notice No. of Notice: Certificate (s. 99A(2)(a)) No.: To: ......................................................... ...................................................... DoB: ............ / ............ / ............ ........................... Postcode: .......... or ACN: ..................................... It is alleged that you committed an offence: When and where When: a.m./p.m. on the day of Where: Details of the offence and modified penalty: Section of the Act Description of the offence Modified penalty $ Information about this notice: Date: ..................................................................................... Issued at: ..................................................................................... By: ..................................................................................... Signature: ..................................................................................... * At the discretion of the Department of Environmental Protection 2, this Modified Penalty Notice may be withdrawn and other action taken. WHAT YOU MUST DO: 1. You may dispose of this matter by paying the modified penalty within a period of 28 days after the service of this notice: PAY THE MODIFIED PENALTY TO: The Accountant Department of Environmental Protection 2 GPO Box K822 PERTH WA 6842 If you wish to do so but are unable to make payment within 28 days you may apply to the Chief Executive Officer of the Department of Environmental Protection 2 for an extension of time within which the modified penalty may be paid. OR 2. Elect to have the matter dealt with by a COURT. If you do not take one of the above options within the time specified above, this matter will be dealt with before a COURT. [Form 1 inserted: Gazette 11 Dec 1998 p. 6608‑9; amended: Gazette 21 Aug 2015 p. 3336.] Form 2 Environmental Protection Act 1986 (Section 99D) Withdrawal of modified penalty notice To: ........................................................... ....................................................... DoB: ............ / ............ / ........... ........................... Postcode: .......... or ACN: .................................... A MODIFIED PENALTY NOTICE SERVED ON YOU HAS BEEN WITHDRAWN AND NO FURTHER ACTION WILL BE TAKEN*/A SUMMONS WILL BE ISSUED* Details of the withdrawn notice: Date of issue: .............................................................................. Alleged offence. .............................................................................. Notice No.: .............................................................................. Information about this notice: Date: .............................................................................. Issued at: .............................................................................. by: .............................................................................. Signature: .............................................................................. * Delete where not applicable. [Form 2 inserted: Gazette 11 Dec 1998 p. 6609; amended: Gazette 21 Aug 2015 p. 3336.] Form 3 Environmental Protection Act 1986 (Section 99K) Infringement notice No. of Notice: To: ........................................................... ........................................................ DoB: ............ / ........... / ............. ........................... Postcode: .......... or ACN: ..................................... It is alleged that you committed an offence: When and where When: ........ a.m./p.m. on the ............. day of ............................ Where: ...................................................................................... Details of the offence and modified penalty: Section or regulation Description of the offence Modified penalty $ Information about this notice: Date: ................................................................................ Issued at: ................................................................................ by: ................................................................................ Inspector No.: ................................................................................ Signature: ................................................................................ *At the discretion of the Department of Environmental Protection 2, this Infringement Notice may be withdrawn and other action taken. WHAT YOU MUST DO: If you do not wish to have a complaint of the alleged offence heard and determined by a court, you may dispose of this matter by paying the modified penalty within a period of 28 days after the service of this notice: PAY THE MODIFIED PENALTY TO: The Accountant Department of Environmental Protection 2 GPO Box K822 PERTH WA 6842 If you wish to do so but are unable to make payment within 28 days you may apply to the Chief Executive Officer of the Department of Environmental Protection 2 for an extension of time within which the modified penalty may be paid. WHAT MIGHT HAPPEN IF YOU DO NOT PAY THE MODIFIED PENALTY If you do not pay the modified penalty, a complaint may be issued against you for the alleged offence, in which case the matter will be dealt with by a COURT. OR The modified penalty may be recovered by the Fines Enforcement Registry, in which case — (a) additional administrative charges may be incurred; (b) some or all of the following action may be taken — your driver's licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver's licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold; and (c) you will be given an opportunity to elect to have a complaint for the alleged offence dealt with by a COURT. PAYMENTS AFTER THE DUE DATE CAN ONLY BE MADE WITH A FINAL DEMAND LETTER WHICH INCURS AN ADDITIONAL ENFORCEMENT FEE. [Form 3 inserted: Gazette 11 Dec 1998 p. 6610‑11; amended: Gazette 20 Aug 2013 p. 3857; 21 Aug 2015 p. 3336; SL 2020/166 r. 8.] Form 4 Environmental Protection Act 1986 (Section 99N) Withdrawal of infringement notice To: ........................................................... ........................................................ DoB: ............ / ........... / ............. ........................... Postcode: .......... or ACN: ..................................... AN INFRINGEMENT NOTICE SERVED ON YOU HAS BEEN WITHDRAWN AND NO FURTHER ACTION WILL BE TAKEN*/A SUMMONS WILL BE ISSUED* Details of the withdrawn notice: Date of issue: .............................................................................. Alleged offence: .............................................................................. Notice No.: .............................................................................. Information about this notice: Date: .............................................................................. Issued at: .............................................................................. by: .............................................................................. Signature: .............................................................................. * Delete where not applicable. [Form 4 inserted: Gazette 11 Dec 1998 p. 6611; amended: Gazette 21 Aug 2015 p. 3336.] Notes This is a compilation of the Environmental Protection Regulations 1987 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. Compilation table Citation Published Commencement Environmental Protection Regulations 1987 20 Feb 1987 p. 444‑9 20 Feb 1987 (see r. 2 and Gazette 20 Feb 1987 p. 440) Environmental Protection Amendment Regulations 1988 14 Jun 1988 p. 1945‑6 1 Aug 1988 (see r. 2) (as amended 24 Jun 1988 p. 2006) Environmental Protection Amendment Regulations 1989 5 May 1989 p. 1379 5 May 1989 Environmental Protection Amendment Regulations (No. 2) 1989 18 Aug 1989 p. 2752 17 Oct 1989 (see r. 2) Environmental Protection Amendment Regulations (No. 2) 1991 30 Aug 1991 p. 4553‑4 30 Aug 1991 Environmental Protection Amendment Regulations (No. 3) 1991 30 Aug 1991 p. 4554‑6 30 Aug 1991 (see r. 2) Environmental Protection Amendment Regulations 1992 24 Jan 1992 p. 362 28 Jan 1992 (see r. 2) Environmental Protection Amendment Regulations (No. 2) 1992 10 Apr 1992 p. 1588‑9 10 Apr 1992 Environmental Protection Amendment Regulations (No. 3) 1992 4 Dec 1992 p. 5889 4 Dec 1992 Environmental Protection Amendment Regulations 1993 13 Jul 1993 p. 3705 13 Jul 1993 Environmental Protection Amendment Regulations (No. 2) 1993 24 Sep 1993 p. 5252‑8 24 Sep 1993 Environmental Protection Amendment Regulations (No. 3) 1993 19 Nov 1993 p. 6259‑60 19 Nov 1993 Environmental Protection Amendment Regulations (No. 4) 1993 31 Dec 1993 p. 6878 31 Dec 1993 Environmental Protection Amendment Regulations (No. 5) 1993 31 Dec 1993 p. 6878‑9 1 Jan 1994 (see r. 2) Environmental Protection Amendment Regulations 1994 10 Jun 1994 p. 2374‑6 10 Jun 1994 Environmental Protection Amendment Regulations 1995 5 May 1995 p. 1701‑2 5 May 1995 Reprint of the Environmental Protection Regulations 1987 as at 4 Dec 1995 (includes amendments listed above) Environmental Protection Amendment Regulations (No. 3) 1996 6 13 Sep 1996 p. 4545‑67 1 Oct 1996 (see r. 2) (as amended 10 Dec 1996 p. 6879) Environmental Protection Amendment Regulations (No. 5) 1996 11 Oct 1996 p. 5395 4 Aug 1996 (see r. 2 and Gazette 2 Aug 1996 p. 3615) Environmental Protection Amendment Regulations (No. 4) 1996 12 Nov 1996 p. 6303‑5 12 Nov 1996 Environmental Protection Amendment Regulations (No. 6) 1996 10 Dec 1996 p. 6876‑9 10 Dec 1996 Environmental Protection Amendment Regulations (No. 2) 1997 12 Sep 1997 p. 5149‑51 12 Sep 1997 Environmental Protection Amendment Regulations 1998 3 Apr 1998 p. 1972‑3 25 Jul 1998 (see r. 2 and Gazette 24 Jul 1998 p. 3887) Environmental Protection Amendment Regulations (No. 2) 1998 26 Jun 1998 p. 3370‑4 1 Jul 1998 (see r. 2 and Gazette 26 Jun 1998 p. 3369) Environmental Protection (Miscellaneous Amendments) Regulations 1998 Pt. 2 11 Dec 1998 p. 6597‑614 8 Jan 1999 (see r. 2) Reprint of the Environmental Protection Regulations 1987 as at 2 Apr 1999 (includes amendments listed above) Environmental Protection (Diesel and Petrol) Regulations 1999 r. 22 17 Dec 1999 p. 6305‑25 1 Jan 2000 (see r. 2) Environmental Protection Amendment Regulations 2000 7 Jul 2000 p. 3677‑83 7 Jul 2000 Environmental Protection Amendment Regulations (No. 4) 2000 4 Aug 2000 p. 4199‑202 1 Oct 2000 (see r. 2) Environmental Protection Amendment Regulations (No. 3) 2000 15 Aug 2000 p. 4711‑19 15 Aug 2000 Environmental Protection Amendment Regulations (No. 2) 2000 19 Dec 2000 p. 7283‑4 19 Dec 2000 Environmental Protection Amendment Regulations (No. 5) 2000 7 5 Jan 2001 p. 114‑19 5 Jan 2001 Reprint of the Environmental Protection Regulations 1987 as at 9 Feb 2001 (includes amendments listed above) Environmental Protection (Abattoirs) Regulations 2001 r. 17 30 Mar 2001 p. 1797‑810 30 Mar 2001 Environmental Protection (Liquid Waste) Amendment Regulations 2001 r. 34 30 Mar 2001 p. 1811‑30 1 Apr 2001 (see r. 2) Environmental Protection (Controlled Waste) Regulations 2001 r. 55 30 Mar 2001 p. 1831‑79 1 Apr 2001 (see r. 2) Environmental Protection Amendment Regulations 2001 12 Apr 2001 p. 2097‑8 12 Apr 2001 Environmental Protection (Metal Coating) Regulations 2001 r. 14 30 Nov 2001 p. 6068‑71 30 Nov 2001 Environmental Protection Amendment Regulations 2002 14 Jun 2002 p. 2293‑5 1 Jul 2002 (see r. 2 and Gazette 14 Jun 2002 p. 2781) Reprint of the Environmental Protection Regulations 1987 as at 29 Nov 2002 (includes amendments listed above) Environmental Protection Amendment Regulations (No. 3) 2001 20 Dec 2002 p. 6019‑20 20 Dec 2002 Environmental Protection (NEPM ‑ UPM) Regulations 2003 Pt. 6 23 Jul 2003 p. 3157‑73 23 Jul 2003 Environmental Protection Amendment Regulations 2003 9 Sep 2003 p. 4052‑6 9 Sep 2003 Environmental Protection (Unauthorised Discharges) Regulations 2004 r. 6 12 Mar 2004 p. 747‑50 12 Mar 2004 Environmental Protection Amendment Regulations 2004 22 Jun 2004 p. 2143‑50 22 Jun 2004 Environmental Protection (Controlled Waste) Regulations 2004 r. 57 1 Jul 2004 p. 2627‑73 1 Jul 2004 Environmental Protection Amendment Regulations (No. 3) 2004 12 Oct 2004 p. 4754‑5 12 Oct 2004 Environmental Protection Amendment Regulations (No. 2) 2004 23 Nov 2004 p. 5222‑3 23 Nov 2004 Reprint 5: The Environmental Protection Regulations 1987 as at 11 Mar 2005 (includes amendments listed above) Environmental Protection Amendment Regulations 2005 13 Dec 2005 p. 5982-4 13 Dec 2005 Environmental Protection Amendment Regulations 2006 29 Sep 2006 p. 4260-7 1 Oct 2006 (see r. 2) Environmental Protection (NEPM‑UPM) Regulations 2007 Pt. 6 27 Apr 2007 p. 1793-812 27 Apr 2007 Environmental Protection Amendment Regulations 2007 22 Jun 2007 p. 2839‑44 r. 1 and 2: 22 Jun 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2007 (see r. 2(b)) Reprint 6: The Environmental Protection Regulations 1987 as at 17 Aug 2007 (includes amendments listed above) Environmental Protection Amendment Regulations (No. 2) 2007 30 Oct 2007 p. 5877‑8 r. 1 and 2: 30 Oct 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Nov 2007 (see r. 2(b)) Waste Avoidance and Resource Recovery Regulations 2008 r. 22 20 Jun 2008 p. 2665-84 1 Jul 2008 (see r. 2(b)) Environmental Protection Amendment Regulations 2010 23 Jul 2010 p. 3401 r. 1 and 2: 23 Jul 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 24 Jul 2010 (see r. 2(b)) Environmental Protection (Packaged Fertiliser) Regulations 2010 r. 18 31 Dec 2010 p. 6869‑84 1 Jan 2011 (see r. 2(c)) Environmental Protection Amendment Regulations 2012 2 Mar 2012 p. 855 r. 1 and 2: 2 Mar 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Mar 2012 (see r. 2(b)) Environmental Protection Amendment Regulations (No. 2) 2012 8 May 2012 p. 1892-3 r. 1 and 2: 8 May 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 9 May 2012 (see r. 2(b)) Reprint 7: The Environmental Protection Regulations 1987 as at 21 Sep 2012 (includes amendments listed above) Environmental Protection Amendment Regulations (No. 3) 2012 27 Nov 2012 p. 5737‑8 r. 1 and 2: 27 Nov 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 28 Nov 2012 (see r. 2(b)) Environmental Protection Amendment Regulations (No. 3) 2013 18 Jun 2013 p. 2293-5 r. 1 and 2: 18 Jun 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2013 (see r. 2(b)) r. 1 and 2: 20 Aug 2013 (see r. 2(a)); Environmental Protection Amendment Regulations 2013 20 Aug 2013 p. 3856‑7 r. 6: 21 Aug 2013 (see r. 2(b) and Gazette 20 Aug 2013 p. 3815); Regulations other than r. 1, 2 and 6: 21 Aug 2013 (see r. 2(c)) Environmental Protection Amendment Regulations (No. 2) 2013 24 Sep 2013 p. 4385-6 r. 1 and 2: 24 Sep 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Sep 2013 (see r. 2(b)) Environmental Protection Amendment Regulations (No. 3) 2014 1 Aug 2014 p. 2823‑4 r. 1 and 2: 1 Aug 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 2 Aug 2014 (see r. 2(b)) Reprint 8: The Environmental Protection Regulations 1987 as at 5 Dec 2014 (includes amendments listed above) Environmental Protection Amendment Regulations 2015 21 Aug 2015 p. 3336 r. 1 and 2: 21 Aug 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 22 Aug 2015 (see r. 2(b)) Environmental Protection Amendment Regulations 2016 28 Jun 2016 p. 2629‑32 r. 1 and 2: 28 Jun 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2016 (see r. 2(b)) Environment Regulations Amendment (Public Health) Regulations 2016 Pt. 7 10 Jan 2017 p. 191-7 24 Jan 2017 (see r. 2(b) and Gazette 10 Jan 2017 p. 165) Environmental Protection Amendment Regulations 2018 27 Apr 2018 p. 1389‑90 r. 1 and 2: 27 Apr 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 28 Apr 2018 (see r. 2(b)) Environmental Protection Amendment Regulations (No. 2) 2018 12 Jun 2018 p. 1887‑9 r. 1 and 2: 12 Jun 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2018 (see r. 2(b)) Environmental Protection (Plastic Bags) Regulations 2018 Pt. 3 12 Jun 2018 p. 1890‑1 Pt. 3 (other than r. 7(2)): 1 Jul 2018 (see r. 2(c)); r. 7(2): 1 Jan 2019 (see r. 2(b)) Environmental Protection (Solid Fuel Heater and Firewood) Regulations 2018 Pt. 5 Div. 2 31 Aug 2018 p. 3093-107 1 Sep 2018 (see r. 2(b)) Environmental Protection Amendment Regulations (No. 3) 2018 16 Oct 2018 p. 4093 r. 1 and 2: 16 Oct 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 17 Oct 2018 (see r. 2(b)) Environmental Protection Amendment Regulations (No. 2) 2020 SL 2020/114 7 Jul 2020 r. 1 and 2: 7 Jul 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 8 Jul 2020 (see r. 2(b)) Environmental Protection Amendment Regulations 2020 SL 2020/134 14 Aug 2020 r. 1 and 2: 14 Aug 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 15 Aug 2020 (see r. 2(b)) Environment Regulations Amendment (Infringement Notices) Regulations 2020 Pt. 4 SL 2020/166 25 Sep 2020 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) Environmental Protection Regulations Amendment (Publication and Confidentiality) Regulations 2021 Pt. 3 SL 2021/178 22 Oct 2021 23 Oct 2021 (see r. 2(c) and SL 2021/176 cl. 2) Environmental Protection Amendment Regulations (No. 2) 2021 SL 2021/190 19 Nov 2021 r. 1 and 2: 19 Nov 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 20 Nov 2021 (see r. 2(b)) Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2021 Pt. 2 Div. 2 8 SL 2021/215 17 Dec 2021 1 Jan 2022 (see r. 2(b)) Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2022 Pt. 3 Div. 2 SL 2022/64 3 Jun 2022 1 Jul 2022 (see r. 2(b)) Environmental Protection Amendment Regulations 2022 SL 2022/68 3 Jun 2022 r. 1 and 2: 3 Jun 2022 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2022 (see r. 2(b)) Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2023 Pt. 3 SL 2023/13 24 Feb 2023 1 Mar 2023 (see r. 2(b)) Environment Regulations Amendment (Aboriginal Cultural Heritage) Regulations 2023 Pt. 4 SL 2023/50 19 May 2023 1 Jul 2023 (see r. 2(b)) Environmental Protection Amendment Regulations (No. 2) 2023 SL 2023/142 6 Sep 2023 r. 1 and 2: 6 Sep 2023 (see r. 2(a)); Regulations other than r. 1 and 2: 7 Sep 2023 (see r. 2(b)) Environment Regulations Amendment (Aboriginal Heritage) Regulations 2023 Pt. 4 SL 2023/170 1 Nov 2023 15 Nov 2023 (see r. 2(b) and SL 2023/161 cl. 2) Environmental Protection Amendment Regulations 2024 SL 2024/4 24 Jan 2024 r. 1 and 2: 24 Jan 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Jan 2024 (see r. 2(b)) Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2024 Pt. 3 SL 2024/86 29 May 2024 1 Jun 2024 (see r. 2(b)) Environmental Protection Amendment Act 2024 Pt. 6 Div. 2 assented to on 22 Oct 2024 23 Oct 2024 (see s. 2(1)(e)) Environmental Protection Amendment Regulations (No. 4) 2024 SL 2024/244 27 Nov 2024 r. 1 and 2: 27 Nov 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 28 Nov 2024 (see r. 2(b) and SL 2024/239 cl. 2)) Environmental Protection Amendment Regulations (No. 2) 2024 SL 2024/288 18 Dec 2024 r. 1 and 2: 18 Dec 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Dec 2024 (see r. 2(b)) Environmental Protection Amendment Regulations 2025 SL 2025/6 22 Jan 2025 r. 1 and 2: 22 Jan 2025 (see r. 2(a); Regulations other than r. 1 and 2: 23 Jan 2025 (see r. 2(b)) Other notes 1 Published by Gazette 18 December 1992 p. 6099. 2 Under the Alteration of Statutory Designations Order 2017 a reference in a written law to the Department of Environmental Protection or Department of Environment is, unless the context requires otherwise, to be read and construed as a reference to the Department of Water and Environmental Regulation. 3 Proclaimed 1 July 1998 by Gazette 26 June 1998 p. 3369. 4 At the time of this compilation section 110H of the Act provides for the establishment of an account called the Waste Management and Recycling Account. 5 Expired 30 June 2012. 6 The Environmental Protection Amendment Regulations (No. 3) 1996 r. 7 (as amended by the Environmental Protection Amendment Regulations (No. 6) 1996 r. 10) is a transitional provision that is of no further effect. 7 The amendment in the Environmental Protection Amendment Regulations (No. 5) 2000 r. 12 referring to items 8 and 9 of Schedule 6 is not included because these items were previously deleted by Gazette 19 December 2000 p. 7284. 8 The Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2021 Pt. 3 Div. 2 (SL 2021/215) was deleted before it could come into operation (see the Environmental Protection Regulations Amendment (Prohibited Plastics and Balloons) Regulations 2022 r. 5 (SL 2022/64)). Defined terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined term Provision(s) Aboriginal site 3D(1) actual discharge 5H(2) aggregation point Sch. 1 approved 21(1) approved monitoring equipment 17 approved redevelopment scheme 33A approved site 11(1) baseline report 26(1) baseline survey 26(1) best practice criteria 4(1) building envelope 33B(1) Bush Forever area 33B(1) category 4(1) clean fill premises 2AA commencement day 21(1) confidential material 3B(1) cultural place 33C(1) department 3D(1) design requirement 33C(1) development 33C(1) development requirement 33B(1) development site 16A development work 16A documentation 3A enabling Act 3H(1) enclosed water body 16(4) exemption period 21(1) exempt matter 2B(1) existing landfill 26(8) existing licensee 21(1) existing petroleum authority area 2C(1) Fund 21(1) head office 2AA hydraulic fracturing 2AA Landfill Waste Classification and Waste Definitions 1996 2AA land use category 33C(1) length 16(4) levy 21(1) licence 4(1) licence period 4(1) licensed landfill 21(1) licensed premises 11(1) licensee 21(1), 24(1), 28(1) lot 16A mercury 5P mercury-added product 5P mercury compound 5P metropolitan region 21(1) Metropolitan Region Scheme 33A(1) minute 2B(1) native species 3D(1) native vegetation 33C(1) organotin anti-fouling paint 16(4) original jurisdiction 3H(1) Part 2 waste 5D(6) payer 5N petroleum activity 2AA petroleum activity involving hydraulic fracturing 3F PGER Environment Regulations 2AA planning legislation 3H(1) priority list 3D(1) prohibited manufacturing process 5P publish 3A quarterly survey 26(4) R-Codes 33C(1) record 2B(1) refund point Sch. 1 regional road 33B(1) relevant documentation 3B(2) return period 21(1) review jurisdiction 3H(1) semi-enclosed water body 16(4) species 3D(1) specified 31(3) specified monitoring programme 17 storage 11(1) submit 3A surveyor 26(8) threatened species 3D(1) Tribunal 3H(1) tyre 11(1) Tyre Landfill Exclusion Zone 11(1) tyre retailer 11(1) validation day 5DA(8) vessel 16(4) © State of Western Australia 2025. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2025. By Authority: GEOFF O. LAWN, Government Printer