Simplified waste legislation
Changes were made to the Protection of the Environment Operations Act 1997 (POEO Act) and the Protection of the Environment Operations (Waste) Regulation 2005 on 28 April 2008 which:
These changes were gazetted on 24 April 2008 and made under the Protection of the Environment Operations Amendment (Scheduled Activities and Waste) 2008 and can be accessed from the NSW legislation website.
The following is a summary of Acts and Regulations relevant to waste management and resource recovery. For further information on Acts and Regulations administered by the Office of Environment and Heritage, visit the OEH legislation webpages.
Protection of the Environment Operations Act 1997
The POEO Act defines 'waste' for regulatory purposes and establishes management and licensing requirements along with offence provisions to deliver environmentally appropriate outcomes. The Act also establishes the ability to set various waste management requirements via the regulation.
Waste Avoidance and Resource Recovery Act 2001
The Waste Avoidance and Resource Recovery Act 2001 repealed and replaced the Waste Minimisation and Management Act 1995 and promotes waste avoidance and resource recovery by developing waste avoidance and resource recovery strategies and programs, such as the extended producer responsibility scheme for industry.
Protection of the Environment Operations (Waste) Regulation 2005
Following extensive consultation, the Protection of the Environment Operations (Waste) Regulation 2005 introduced a mechanism on 28 April 2008 for recognising genuine resource recovery in NSW. Exemptions allowing land application and thermal application of waste-derived material were introduced under section 51 of the Regulation.
The Regulation also sets out provisions covering the way waste is managed in terms of storage and transportation as well as reporting and record keeping requirements for waste facilities. It provides for contributions to be paid by the occupiers of licensed waste facilities for each tonne of waste received at the facility or generated in a particular area; exempts certain occupiers or types of waste from these contributions; and allows deductions to be claimed in relation to certain types of waste. The Regulation also makes special requirements relating to asbestos and clinical waste.
Page last updated: 12 July 2012