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The Loam Ranger - Changes to the NSW Protection of the Environment Operations Act

Dear Loam Ranger,

I've heard that the NSW laws covering waste reuse have changed, but I can't find a clear explanation. What do the changes mean for me?

Changes to the NSW Protection of the Environment Operations Act 1997 (the POEO Act) took effect from May 2008. The intention was to simplify waste classification in NSW and to specifically prevent any waste from being placed on land as fill or as fertiliser without a licence, even where the waste has been extensively reprocessed, for example into compost. The only exception was where the waste is sold as complying with the NSW Fertilisers Act 1985.

The changes to the Act also involved changes to licensing and to waste classification in NSW. While prohibiting waste to land disposal, the changes also provided a "gateway" mechanism that would allow for a particular waste or group of wastes to be exempted from the licensing provisions of the POEO Act.

Prompted by applications from industry, the Department of Conservation and Climate Change (DECC) quickly listed a series of "general exemptions" for some of the more obvious and accepted waste materials, such as forestry residues, composts, “excavated natural material” and food wastes. These exemptions are listed below.

No licence or exemption? No waste reuse!

It is important to understand that you may not place any waste on land (including road, building construction or soil improvement work) if it is not licensed under the POEO Act, exempted or compliant with the Fertilisers Act.

DECC encourages the recovery of resources from waste where this is beneficial and does not harm the environment or human health.

However, it is important to recognise that many waste-derived materials are not suitable for land application. Even though they may have beneficial characteristics, they may also contain toxic contaminants. The inappropriate use of such waste could create environmental problems or legal liabilities.

Changes to the POEO Act

The Protection of the Environment Operations Amendment (Scheduled Activities and Waste) Regulation 2008:

• prescribes when and where any processed, recycled, reused or recovered substance produced from waste that is applied to land, or used as fuel, qualifies as waste under the POEO Act
• impose new requirements for the transportation, disposal, reuse or recycling of asbestos waste
• imposes new requirements in relation to clinical and related waste
• enables certain kinds of waste to be granted an exemption.

Exemptions

Exemptions may be either “general” or “specific”.

General exemptions apply to common materials applied to land. Individual companies do not need to apply to DECC for a general exemption provided they meet the conditions of the exemption for the material (see below).

DECC will assess exemptions for materials applied to land against the criteria outlined in its Guidance Note: Resource Recovery Exemptions (Land Application).

The following general exemptions have been listed:

• basalt fines
• biosolids
• cement fibre board
• effluent
• excavated natural material
• food waste
• food waste compost
• raw mulch
• recovered aggregate
• recovered fines from construction and demolition waste
• recovered glass sand
• recovered railway ballast
• stormwater
• treated grease trap waste
• tyres

Current exemptions are listed at the DECC website with the rules covering the materials’ use.

Applying for an exemption

SESL has been heavily involved in both the exemption application process and the assessment of wastes against the requirements for exemption. We are well experienced to make applications or lobby on your behalf. We are aware of some of the problems of the current exemption conditions (for example, much natural soil does not meet the “excavated natural material” criteria) and can explain the limitations and opportunities presented by this new legislation.

Changes to waste classification

DECC’s Environmental Guidelines: Assessment, Classification and Management of Liquid and Non-liquid Wastes no longer apply, and have been replaced with new Waste Classification Guidelines, which outline how waste is now classified. The revised classification system has maintained the chemical contaminant thresholds but has amended the number and names of waste classes and the wastes assigned to those classes.

The basic categories are listed below:

Further information

POEO review website

Download the regulation

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