Waste Reduction and Recycling (Waste Levy) Amendment Regulation 2019

1Short title

This regulation may be cited as the Waste Reduction and Recycling (Waste Levy) Amendment Regulation 2019.

2Commencement

This regulation commences on 1 July 2019.

3Regulation amended

This regulation amends the Waste Reduction and Recycling Regulation 2011.

4Replacement of pts 2–3

Parts 2 to 3—
omit, insert—

Part 2 Types of waste

6Regulated waste

For the schedule of the Act, definition regulated waste, waste is regulated waste if it is regulated waste under the Environmental Protection Regulation 2008.

Part 3 Waste levy

Division 1 Identifying exempt waste

7Types of exempt waste—Act, s 8A, definition waste disposal site

(1)For section 8A(2) of the Act, definition waste disposal site, each of the following types of exempt waste is prescribed for the definition—

(a)waste water that meets the water quality for irrigation and general water use requirements stated in the guideline for water quality, chapter 4.2;

(b)waste water that meets the water quality for livestock drinking water requirements stated in the guideline for water quality, chapter 4.3;

(c)until the end of 30 June 2024, alum sludge or other residuals produced as a result of a drinking water treatment process;

(d)until the end of 30 June 2029, fly ash produced by a power station.

(2)In this section—

guideline for water quality means the guideline called ‘Australian and New Zealand Guidelines for Fresh and Marine Water Quality, Volume 1, The Guidelines’ published by the Australian and New Zealand Environment and Conservation Council, as amended from time to time.

8Exempt waste—Act, s 26, definition exempt waste

(1)For section 26 of the Act, definition exempt waste, paragraph (g)(i), waste is exempt waste if it is—

(a)waste water that meets the water quality for irrigation and general water use requirements stated in the guideline for water quality, chapter 4.2; or

(b)waste water that meets the water quality for livestock drinking water requirements stated in the guideline for water quality, chapter 4.3; or

(c)until the end of 30 June 2022, road planings generated by or for an eligible local government; or

(d)until the end of 30 June 2024, alum sludge or other residuals produced as a result of a drinking water treatment process; or

(e)until the end of 30 June 2029, fly ash produced by a power station.

(2)In this section—

eligible local government means a local government, other than—

(a)the Brisbane City Council; or

(b)the Gold Coast City Council; or

(c)the Ipswich City Council; or

(d)the Logan Regional Council; or

(e)the Moreton Regional Council; or

(f)the Noosa Shire Council; or

(g)the Redlands City Council; or

(h)the Sunshine Coast Regional Council.

guideline for water quality means the guideline called ‘Australian and New Zealand Guidelines for Fresh and Marine Water Quality, Volume 1, The Guidelines’ published by the Australian and New Zealand Environment and Conservation Council, as amended from time to time.

road planings means aggregate removed from the surface of a sealed road for the purpose of reconstructing or maintaining the road.

9Guideline prescribed for definitions exempt waste and clean earth

(1)This section prescribes the guideline for—

(a)section 26 of the Act, definition exempt waste, paragraph (d); and

(b)the schedule of the Act, definition clean earth, paragraph (b)(ii).

(2)The guideline is called ‘Queensland Acid Sulfate Soil Technical Manual—Soil Management Guidelines v 4.0’ that was published by the Department of Science, Information Technology, Innovation and the Arts in June 2014, as amended from time to time.

Division 2 Refusing exempt waste applications

10Purpose of division

This division prescribes, for section 30(3) of the Act, the circumstances in which the chief executive must refuse an exempt waste application.

11Earth contaminated with a hazardous contaminant

(1)The chief executive must refuse an exempt waste application relating to earth contaminated with a hazardous contaminant from land recorded on the environmental management register or contaminated land register unless satisfied—

(a)the earth was contaminated before 1 January 1992; or

(b)the earth contains waste removed from a landfill cell that is to be delivered to a levyable waste disposal site as part of a significant community project; or

(c)the earth—

(i)contains waste that was disposed to landfill before 1 January 1992 (whether or not disposal continued after that time) at land recorded on the environmental management register or contaminated land register; and

(ii)is to be removed from the land by or for a local government and delivered to a levyable waste disposal site—

(A)solely for the purpose of remediating contamination; or

(B)for the purpose of conducting or operating a resource recovery or transfer facility on the land and waste will no longer be disposed of as landfill at the land.

(2)Also, the chief executive must refuse an exempt waste application relating to earth contaminated with a hazardous contaminant from land recorded on the environmental management register or contaminated land register if satisfied the earth—

(a)is, if analysed in accordance with the site contamination guideline, contaminated solely with petroleum hydrocarbons; or

(b)contains only contaminants that can be reasonably treated by bioremediation and made suitable for any use.

(3)In this section—

significant community project means a project the chief executive considers has an aesthetic, conservation, cultural or economic benefit to a local or regional community or the State, including, for example, the following—

(a)a project that serves an essential need of the community;

Examples—

school, sporting field

(b)a project that significantly improves the community’s access to services.

Examples—

hospital, museum, State or local government library

site contamination guideline means the guideline called ‘Schedule B3—Guideline on Laboratory Analysis of Potentially Contaminated Soils’ made by the National Environment Protection Council, as in force from time to time.

11AWaste to be used at levyable waste disposal site

The chief executive must refuse an exempt waste application relating to waste to be used at a levyable waste disposal site for a purpose necessary for the operation of the site (an operational purpose) unless satisfied—

(a)the waste is needed to carry out the operational purpose; and

(b)sufficient exempt waste that could be used for the operational purpose is not otherwise likely to be delivered to the site.

Division 3 Waste levy

11BRate of waste levy—Act, s 37

(1)For section 37(1) of the Act, the rate of the waste levy for a type of waste is the rate mentioned in schedule 1 opposite the type of waste for the financial year for which the levy applies.

(2)However, if the rate of the waste levy for a type of waste is not stated in schedule 1 for a financial year, the waste levy for the type of waste for the financial year is worked out as follows—

(a)identify the rate of the waste levy payable for the type of waste in the previous financial year;

(b)multiply the rate by the indexation figure for the financial year that is notified on the department’s website;

(c)round the result down to the nearest whole dollar.

11CWaste levy on levyable waste—Act, s 37

(1)For section 37(2) of the Act, the total amount of waste levy imposed on all levyable waste that is delivered to a levyable waste disposal site during a levy period is the sum of the individual amounts of waste levy imposed on each type of levyable waste.

(2)The individual amount of waste levy imposed on each type of levyable waste is worked out using the following formula—

where—

A is the total weight, in tonnes, of the type of levyable waste delivered to the levyable waste disposal site in the levy period.

B is the applicable rate of waste levy imposed on the type of levyable waste for the financial year for which the waste levy is worked out.

L is the individual amount of waste levy imposed on the type of levyable waste in a levy period.

11DLocal government areas making up the waste levy zone—Act, s 43

For section 43(1) of the Act, the local government areas of the local governments mentioned in schedule 2 are identified as making up the waste levy zone.

Division 4 Discounting waste levy for residue waste

11EDefinitions for division

In this division—

performance history, of an applicant conducting a relevant recycling activity, means the applicant’s documented history of conducting the activity.

recycling efficiency see section 47(5) of the Act.

recycling efficiency threshold—

1

The recycling efficiency threshold for a recycling activity is the greater of—

(a)a recycling efficiency of 60% for the recycling activity; or

(b)a recycling efficiency the chief executive reasonably believes is the industry standard for the recycling activity, having regard to the type of feedstock used.

Note—

The chief executive may publish the recycling efficiency that the chief executive reasonably believes is the industry standard for a relevant recycling activity on the department’s website.

2However, if the chief executive can not form the belief mentioned in item 1(b), the recycling efficiency threshold for a recycling activity is a recycling efficiency of 60% for the recycling activity.

relevant recycling activity, for a residue waste discounting application, means the recycling activity to which the application relates.

11FPrescribed recycling activities—Act, s 44

For section 44(1) of the Act, a recycling activity mentioned in schedule 3 is prescribed.

11GDiscounted rate for waste levy for residue waste—Act, s 44

For section 44(4) of the Act, the discounted rate for the waste levy for a type of residue waste is 50% of the rate for the type of waste.

Note—

See schedule 1 for the rate of the waste levy for a type of waste.

11HCriteria for deciding residue waste discounting application—Act, s 46

(1)For section 46(2)(c) of the Act, the criteria the chief executive must consider in deciding a residue waste discounting application are each of the following—

(a)the performance history and likely future performance of the applicant in conducting the relevant recycling activity compared to—

(i)either—

(A)industry benchmarks and best practice guidelines for the relevant recycling activity; or

(B)if there are no industry benchmarks or best practice guidelines for the relevant recycling activity, the performance of similar entities conducting recycling activities using the same type of feedstock, having regard to information reasonably available to the chief executive about the performance; and

(ii)the recycling efficiency threshold for the relevant recycling activity;

(b)the strategies or practices proposed in the application to progressively improve the efficiency of the relevant recycling activity during the period of the approval, if granted;

(c)the extent to which the applicant is, or is likely to be, optimising the market and material value that can be derived from the waste used as feedstock for the relevant recycling activity;

(d)the extent to which giving a discount on the waste levy for residual waste from the relevant recycling activity will contribute to—

(i)establishing and sustaining resource recovery in Queensland; and

(ii)the Queensland economy;

(e)if the applicant is conducting, or has conducted, a recycling activity under a corresponding law, the applicant’s history of compliance with the corresponding law;

(f)if a related entity for the applicant is conducting, or has conducted, a recycling activity under this Act or a corresponding law, the related entity’s history of compliance with this Act, the Environmental Protection Act or a corresponding law, including whether the related entity holds any licences, environmental authorities or other approvals for conducting a recycling activity.

(2)In this section—

corresponding law means a law of the Commonwealth, or another State or Territory that provides for the same matters as the Act or the Environmental Protection Act, or a provision of these Acts, in relation to a waste management ERA.

related entity, for the applicant, see section 72K(3) of the Act.

11IRefusing residue waste discounting application—Act, s 46

(1)This section prescribes, for section 46(3) of the Act, the circumstances in which the chief executive must refuse a residue waste discounting application.

(2)The chief executive must refuse the application unless satisfied—

(a)the applicant is achieving, as a minimum, the recycling efficiency threshold for the relevant recycling activity; or

(b)if the applicant has a performance history for conducting the relevant recycling activity of less than 1 year and the applicant is not achieving the recycling efficiency threshold for the activity, the applicant will achieve, as a minimum, the recycling efficiency threshold for the activity within 1 year after starting to conduct the activity.

(3)However, subsection (2) does not apply if the chief executive is satisfied—

(a)it is not reasonably practicable for the applicant to achieve, as a minimum, the recycling efficiency threshold for the relevant recycling activity; and

(b)the strategies or practices proposed in the application to progressively improve the recycling efficiency of the relevant recycling activity will enable the applicant to achieve a recycling efficiency during the period of the approval, if granted, that is as close to the recycling efficiency threshold for the activity as is reasonably practicable in the circumstances.

11JConditions on approvals of residue waste discounting applications—Act, s 47

(1)For section 47(4) of the Act, the approval is subject to the following conditions—

(a)the holder of the approval must implement the strategies or practices to progressively improve the recycling efficiency of the holder’s recycling activity within the timeframes proposed in the application;

(b)the holder of the approval must give the chief executive a report that complies with subsection (2) within 2 months after each reporting period ends.

(2)The report for a reporting period must include—

(a)information identifying, for each month of the reporting period—

(i)the weight of waste, in tonnes, used as feedstock for the recycling activity; and

(ii)the weight of waste, in tonnes, not disposed of to landfill as a result of the recycling activity; and

(iii)the weight of residue waste, in tonnes, disposed of to landfill; and

(b)for waste not disposed of to landfill as a result of a recycling activity for each month of the reporting period, how much of each type of waste recovered as a result of the recycling activity—

(i)was recycled to produce the same or a different product; or

(ii)was consigned to other recyclers in Queensland; or

(iii)was consigned to other recyclers in Australia other than Queensland; or

(iv)was consigned to other recyclers outside Australia; or

(v)was not recycled to make a product, or consigned to other recyclers under subparagraphs (ii), (iii) or (iv); and

(c)details of the extent to which the holder of the approval has implemented the strategies or practices proposed to progressively improve the efficiency of the holder’s recycling activities in the reporting period.

(3)In this section—

reporting period means each of the following periods in a year—

(a)the period starting on 1 January and ending on 30 June in the year;

(b)the period starting on 1 July and ending on 31 December in the year.

Division 5 Other provisions

11KWeight measurement criteria for measuring waste or other material other than by weighbridge

(1)This section prescribes the weight measurement criteria to be used to measure waste or other material required to be measured under section 59 of the Act.

(2)The weight measurement criteria to measure the weight of the waste or other material is based on the GVM or GCM of the type of vehicle used to deliver or move the waste or other material unless—

(a)all of the waste or other material is contained in a container during the delivery or movement; and

Examples—

agricultural bin, cane haulout bin, skip bin, wheelie bin

(b) the capacity of the container—

(i)is written on, or attached to, the container in a clearly visible place; or

(ii)is evidenced by a document from the container’s manufacturer; or

(iii)can be measured by reference to the dimensions of the container.

(3)If the waste or other material is delivered or moved in a vehicle, the weight of the waste or other material is taken to be the weight, in tonnes, mentioned in schedule 4, table 1, columns 3 to 11, opposite the type of vehicle and the relevant waste or other material and depending on the GVM or GCM of the vehicle.

(4)However, if the weight of the waste or other material for subsection (3) is more than the mass limit applying to the vehicle under the Heavy Vehicle (Mass, Dimension and Loading) National Regulation, schedules 1 and 2 (the mass limit of the vehicle), the weight of the waste or other material is taken to be the mass limit of the vehicle.

(5)Subsection (6) applies if—

(a)the waste or other material is contained in containers during the delivery or movement; and

(b)the containers comply with the requirements of subsection (2)(a) and (b).

(6)The weight, in tonnes, of the waste or other material is worked out by multiplying the total capacity of the containers, in cubic metres, by the weight multiplier mentioned in schedule 4, table 2, column 3, opposite the type of waste.

Examples—

1A truck delivers a skip bin containing C&I. The skip bin has a capacity of 10 cubic metres. The volume of the waste in the skip bin is less than half the capacity of the skip bin. The weight of the waste is taken to be 0.8t.

2A truck delivers a skip bin containing C&I. The skip bin has a capacity of 10 cubic metres. The volume of the waste in the skip bin is more than half the capacity of the skip bin. The weight of the waste is taken to be 1.5t.

11LAnnual payments to local governments—Act, s 73D

(1)For section 73D(1) of the Act, the annual payment to be made to each local government affected by the waste levy is a payment for a financial year worked out using the following formula—

where—

A is the total weight, in tonnes, of municipal solid waste generated in the local government’s local government area, other than excluded waste, that is delivered to a levyable waste disposal site in the levy zone in the financial year that is 2 years before the financial year in which the annual payment is made (the waste generation year).

Note—

The A value for each local government area is published on the department’s website.

B is the waste levy rate mentioned in schedule 1 opposite the type of waste for the financial year.

C is an adjustment made by the chief executive for the projected population change in the local government area between the waste generation year and the next financial year.

Note—

The C adjustment value for each local government area is published on the department’s website.

P is the amount of the annual payment payable to the local government for the financial year.

(2)However, if an annual payment payable to a local government relates to a period that is less than a financial year, a pro rata amount of the annual payment is payable for the financial year.

(3)In this section—

Cairns Bedminster facility see section 309 of the Act.

excluded waste means—

(a)exempt waste; or

(b)food and green waste mixtures delivered to a waste disposal site separately from other waste; or

(c)green waste delivered to a waste disposal site separately from other waste; or

(d)feedstock used for a recycling activity carried out at a material recovery facility or the Cairns Bedminster facility.

material recovery facility see section 309 of the Act.

11MDay for reviewing particular matters—Act, s 271

For section 271(2)(g) of the Act, the day is 30 June 2022.

5Omission of ss 43 and 44

Sections 43 and 44—
omit.

6Amendment of s 45 (Fees)

Section 45, ‘schedule 7’—
omit, insert—

schedule 5

7Insertion of new schs 1–4

Before schedule 5—
insert—

Schedule 1 Waste levy rates

sections 11B and 11L(1)

Type of waste	Waste levy rate— 2019–2020 financial year	Waste levy rate— 2020–2021 financial year	Waste levy rate— 2021–2022 financial year
treated timber sawdust and shavings	$75 each tonne	$80 each tonne	$85 each tonne
earth contaminated with a hazardous contaminant from land recorded on the environmental management register or contaminated land register	$75 each tonne	$80 each tonne	$85 each tonne
category 1 regulated waste, other than— (a)  treated timber sawdust and shavings; or (b)  earth contaminated with a hazardous contaminant from land recorded on the environmental management register or contaminated land register	$155 each tonne	$160 each tonne	$165 each tonne
category 2 regulated waste, other than— (a)  treated timber sawdust and shavings; or (b)  earth contaminated with a hazardous contaminant from land recorded on the environmental management register or contaminated land register	$105 each tonne	$110 each tonne	$115 each tonne
other levyable waste	$75 each tonne	$80 each tonne	$85 each tonne

Schedule 2 Waste levy zone

section 11D

1Banana Shire Council

2Brisbane City Council

3Bundaberg Regional Council

4Burdekin Shire Council

5Cairns Regional Council

6Cassowary Coast Regional Council

7Central Highlands Regional Council

8Charters Towers Regional Council

9Douglas Shire Council

10Fraser Coast Regional Council

11Gladstone Regional Council

12Gold Coast City Council

13Goondiwindi Regional Council

14Gympie Regional Council

15Hinchinbrook Shire Council

16Ipswich City Council

17Isaac Regional Council

18Livingstone Shire Council

19Lockyer Valley Regional Council

20Logan City Council

21Mackay Regional Council

22Maranoa Regional Council

23Mareeba Shire Council

24Moreton Bay Regional Council

25Mount Isa City Council

26Noosa Shire Council

27North Burnett Regional Council

28Redland City Council

29Rockhampton Regional Council

30Scenic Rim Regional Council

31Somerset Regional Council

32South Burnett Regional Council

33Southern Downs Regional Council

34Sunshine Coast Regional Council

35Tablelands Regional Council

36Toowoomba Regional Council

37Townsville City Council

38Western Downs Regional Council

39Whitsunday Regional Council

Schedule 3 Prescribed recycling activities

section 11F

Recycling activity

e-waste recycling to separate e-waste into clean streams of individual components and materials

re-purposing e-waste for re-use

paper and cardboard recycling to produce new paper and cardboard products

glass beneficiation using optical equipment capable of separating different types of glass to produce cullet

glass refining to produce aggregate or other products of a particular specification

metal recovery by shredding or fragmenting, using equipment capable of separating different types of metal

plastic recycling using an extrusion process or a washing and flaking process to produce components for use in new products

plastic recycling of soft plastics to produce components for use in new products

tyre recycling to produce rubber output to a particular specification and particle size

reclaimed timber recycling or sorting for re-use

reclaimed timber recycling or sorting for processing for production of new timber products

Schedule 4 Weight measurement criteria

section 11K

Table 1—Weight of waste or other material delivered or moved in vehicle

Vehicle type	Waste type or other material	GVM or GCM (t)
		≤4.5	>4.5 ≤10.0	>10.0 ≤16.0	>16.0 ≤23.5	>23.5 ≤28.0	>28.0 ≤40.0	>40.0 ≤43.5	>43.5 ≤51.0	>51.0
articulated motor vehicle	any type or mixture of waste or other material	—	1t	3t	8t	12t	21t	24.75t	30.5t	41t
car	any type or mixture of waste	0.05t	—	—	—	—	—	—	—	—
car towing a trailer	any type or mixture of waste	0.25t	—	—	—	—	—	—	—	—
compactor truck	any type or mixture of waste or other material	—	1t	2.25	5.25t	9.5t	13.25t	—	—	—
light commercial vehicle	any of the following— (a)  MSW; (b)  C&I; (c)  any mixture of only MSW and C&I; (d)  other material	0.75t	—	—	—	—	—	—	—	—
light commercial vehicle	C&D or any mixture of waste that includes C&D	1.25t	—	—	—	—	—	—	—	—
rigid truck	any of the following— (a)  MSW; (b)  C&I; (c)  any mixture of only MSW and C&I; (d)  other material	—	1.75t	3.25t	5t	8.75t	12.5t	—	—	—
rigid truck	C&D or any mixture of waste that includes C&D	—	3.75t	7t	11t	13.75t	19.75t	—	—	—
rigid truck towing a trailer	any type or mixture of waste or other material	—	1t	3t	8t	12t	21t	24.75t	30.5t	41t
van or ute	any type or mixture of waste	0.2t	—	—	—	—	—	—	—	—
van or ute towing a trailer	any type or mixture of waste	0.4t	—	—	—	—	—	—	—	—

Table 2—Weight multiplier for waste or other material delivered or moved in containers

	Waste type or other material	Weight multiplier
1	MSW, C&I, any mixture of only MSW and C&I, or other material—
	(a)  if the volume of waste or other material in the container is equal to or less than half the capacity of the container; or	0.08
	(b)  if the volume of waste or other material in the container is more than half the capacity of the container	0.15
2	C&D or any mixture of waste that includes C&D—
	(a)  if the volume of waste or other material in the container is equal to or less than half the capacity of the container; or	0.13
	(b)  if the volume of waste or other material in the container is more than half the capacity of the container	0.25

8Replacement of sch 5 (Local governments for waste disposal sites—weighbridge requirement provision)

Schedule 5—
omit, insert—

Schedule 5 Fees

section 45

		$
1	Exempt waste application (Act, s 28(4)(c))—
	(a)  for an application about waste that has been donated to a charitable recycling entity but that can not practicably be re-used, recycled or sold	nil
	(b)  for an application about waste collected by members of the community during an organised event directed at remediating the results of a person having done something that may be an offence under section 103 or 104 of the Act	nil
	(c)  for an application about earth contaminated with a hazardous contaminant from land recorded on the environmental management register or contaminated land register	196.14
	(d)  for an application about waste to be used at a levyable waste disposal site for a purpose necessary for the operation of the site that is made at the same time as an application to amend an environmental authority under the Environmental Protection Act, section 224	nil
	(e)  for an application about biosecurity waste	nil
	(f)  for any other application about waste to be used at a levyable waste disposal site for a purpose necessary for the operation of the site	339.24
2	Request to amend an approval of waste as exempt waste (Act, s 33(2))—
	(a)  for waste that has been donated to a charitable recycling entity but that can not practicably be re-used, recycled or sold	nil
	(b)  for waste collected by members of the community during an organised event directed at remediating the results of a person having done something that may be an offence under section 103 or 104 of the Act	nil
	(c)  for earth contaminated with a hazardous contaminant from land recorded on the environmental management register or contaminated land register	51.39
	(d)  for waste to be used at a levyable waste disposal site for a purpose necessary for the operation of the site	51.39
	(e)  for biosecurity waste	nil
3	Residue waste discounting application (Act, s 44(2)(c))—
	(a)  for the first application	244.35
	(b)  for each subsequent application	122.11
4	Request to amend an approval of a discounted rate for the waste levy for residue waste (Act, s 49(2))	51.39
5	Application for accreditation of a voluntary product stewardship scheme (Act, s 89(2)(c))	395.20
6	Application for an end of waste approval (Act, s 173S(c))—
	(a)  for using a liquid waste as a soil conditioner or fertiliser—
	(i)  if the waste is a result of coal seam gas extraction	18,064.00
	(ii)  otherwise	7,229.00
	(b)  for using a sludge or soil waste as a soil conditioner or fertiliser—
	(i)  if the waste is biosolids	2,714.00
	(ii)  otherwise	7,229.00
	(c)  for using any kind of waste as a resource for an industrial activity—
	(i)  if associated with the carrying out of an environmentally relevant activity	3,618.00
	(ii)  otherwise	5,423.00
	(d)  for using any kind of waste as a resource for augmenting a water supply	63,204.00
	(e)  otherwise	2,714.00
7	Application to amend an end of waste approval (Act, s 173S(c))	50% of the application fee mentioned in item 6
8	Application to transfer an end of waste approval (Act, s 173S(c))	130.70

9Omission of sch 7 (Fees)

Schedule 7—
omit.

10Amendment of sch 9 (Dictionary)

(1)Schedule 9, definitions ERA and relevant schedule 5 site—
omit.

(2)Schedule 9—
insert—

articulated motor vehicle, for schedule 4, see the Transport Operations (Road Use Management) Act 1995, schedule 4.

C&D, for schedule 4, means construction and demolition waste.

C&I means commercial and industrial waste.

category 1 regulated waste, for schedule 4, see the Environmental Protection Regulation 2008, section 64A.

category 2 regulated waste, for schedule 4, see the Environmental Protection Regulation 2008, section 64A(4).

commercial and industrial waste means waste generated from any of the following activities, unless the waste is construction and demolition waste—

(a)a manufacturing or industrial activity;

(b)a mining activity;

(c)a recycling activity, including, for example, sorting, resource recovery and reprocessing;

(d)wholesale or retail trading;

(e)an activity carried out at domestic premises under a commercial arrangement;

Example—

waste generated from a printing business carried out at domestic premises

(f)providing accommodation services;

(g)providing hospitality services, including, for example, catering;

(h)a primary industry activity, including, for example, an agricultural, forestry or fishing activity;

(i)an activity within the meaning of veterinary science under the Veterinary Surgeons Act 1936, section 2A;

(j)providing health services, including, for example, operating a nursing home;

(k)providing educational services;

(l)an activity carried out by a charity or church;

(m)a concert or other entertainment event;

(n)another business activity, including, for example, an administrative service.

compactor truck means a truck constructed, fitted or equipped with a mechanism for compacting the waste carried on the truck.

construction and demolition waste—

(a)means waste generated from carrying out building work within the meaning of the Building Act 1975, section 5; and

(b)without limiting paragraph (a), includes waste generated from building, repairing, altering or demolishing infrastructure for roads, bridges, tunnels, sewerage, water, electricity, telecommunications, airports, docks or rail.

environmentally relevant activity see the Environmental Protection Act, section 18.

e-waste, for schedule 3, means electrical or electronic equipment that is waste, including, for example, components and power supplies.

light commercial vehicle, for schedule 4, means a motor vehicle, other than a car or motorbike, that—

(a)is more than 4t but not more than 4.5t GVM; and

(b)is constructed, fitted or equipped for the carriage of goods.

motorbike see the Transport Operations (Road Use Management) Act 1995, schedule 4.

motor vehicle see the Transport Operations (Road Use Management) Act 1995, schedule 4.

MSW, for schedule 4, means municipal solid waste.

municipal solid waste—

1

Municipal solid waste is—

(a)waste generated by a household if—

(i)the waste is collected from domestic premises—

(A)by or for an occupant of the premises, unless the waste is collected under a commercial arrangement; or

Example of waste collected under a commercial arrangement—

waste collected by a skip bin collection service

(B)by or for a local government; and

(ii)the waste is not waste generated from an activity carried out at domestic premises under a commercial arrangement; or

(b)the following waste collected by or for a local government—

(i)waste generated from street sweeping;

(ii)waste collected from public rubbish bins;

(iii)waste generated from maintaining a public space, including, for example, a public garden and public park;

(iv)large items collected from domestic premises by a kerbside collection service.

2

However, municipal solid waste does not include feedstock used for a recycling activity carried out under a commercial arrangement.

performance history, of an applicant conducting a recycling activity, for part 3, division 4, see section 11E.

recycling efficiency threshold, for part 3, division 4, see section 11E.

relevant recycling activity, for a residue waste discounting application, for part 3, division 4, see section 11E.

rigid truck, for schedule 4, means any truck, other than an articulated truck or compactor truck.

trailer, for schedule 4, means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle being towed.

truck means a motor vehicle with a GVM of more than 4.5t.

van or ute, for schedule 4, means a motor vehicle (other than a car or motorbike)—

(a)with a GVM that is less than or equal to 4t; and

(b)that is constructed, fitted or equipped for the carriage of goods.