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The Environment Protection Act 1970 and the Environment Protection (Industrial Waste Resource) Regulations 2009 set out the legislative requirements for transporting prescribed industrial waste (PIW) in Victoria.
These regulations require PIW to be transported using a vehicle with an EPA permit and with a waste transport certificate accompanying the load. These wastes can only be transported to facilities with EPA approval.
Secondary beneficial reuse
Amendments to the Environment Protection (Industrial Waste Resource) Regulations 2009 took effect from 7 December 2016. These amendments aim to give industry more clarity and increase the correct use of beneficial reuse tools. For more information see Reuse of PIW – direct and secondary beneficial reuse (publication 1641).
In instances where PIW has a beneficial reuse opportunity, the waste producer can be exempted from the requirement to use permitted vehicles and produce waste transport certificates. Secondary beneficial reuse opportunities are subject to an EPA notification procedure.
If you would like to discuss whether your waste may be suitable for secondary beneficial reuse, please email the Permitting team at email@example.com and include the following information:
- description of the PIW in question
- the waste producer
- the process that has generated the waste (for example, aluminium smelting)
- the waste treatment provider
- a high-level description of the waste treatment process and effect on the input PIW
- whether treatment will occur at an existing facility or will require new construction
- the waste receiver and process (the end user of the treated PIW)
- the state/territory in which the producer, treater and receiver are each situated.
EPA staff will use this information as a preliminary screening tool. If it appears your waste may be suitable for secondary beneficial reuse, you will be asked to complete a notification form.
Waste information resources
The following resources will assist with categorising prescribed industrial waste and finding EPA-approved facilities.
- Waste codes (publication IWRG822)
This guideline replaces publication 395: Instructions for completion of waste transport certificates, and publication 758: Electronic lodgment of waste transport certificates.
- Find treaters, disposers and permitted transporters using the prescribed industrial waste database.
The Environment Protection (Industrial Waste Resource) Regulations 2009 replaced both the Environment Protection (Prescribed Waste) Regulations 1998 and the Industrial Waste Management Policy (Prescribed Industrial Waste) 2000. The new regulations came into effect on 1 July 2009. Guidance to support these regulations is provided in the Industrial waste resource guidelines.
Waste transport certificates
It is the responsibility of the waste producer, transporter and receiver to ensure that a waste transport certificate is completed for each consignment of prescribed industrial waste.
There are two ways of completing waste transport certificates:
- manually, using the paper-based system.
For an overview of the waste transport certificate process see Waste transport certificates (publication IWRG821).
Submitting waste transport certificates electronically has a number of benefits over the traditional paper certificate system – cutting paperwork, improving waste tracking and saving you money. Electronic certificates cost 50 cents each, compared to $5.00 each for the paper certificates.
Submitting electronic certificates
From 25 March 2013 electronic certificates can be created and submitted via the EPA Interaction Portal.
Waste producers, accredited agents and waste receivers must be registered for the Portal before being able to lodge electronic certificates. Transporters can also register to access information relevant to them.
To purchase electronic certificates please contact the Customer Service Team at EPA Victoria on 1300 372 842 (1300 EPA VIC)
Paper transport certificates
In situations where it is impractical to use the electronic system, paper ‘hard-copy’ transport certificates are available. Paper certificates cost of $250 for a book of 50 certificates.
You can purchase paper certificates from EPA Victoria.
An accredited agent is a waste transporter who is authorised to act on behalf of a waste producer for specific waste types. An accredited agent fills out parts A and B of a waste transport certificate, and can use one certificate for the collection of waste from multiple producers.
Accredited agents can lodge electronic waste transport certificates using the EPA Interaction Portal.
Movement of controlled waste from interstate to Victoria
The movement of controlled waste from interstate to Victoria is managed by the National Environment Protection Measure (NEPM) for the Movement of Controlled Waste Between States and Territories.
Requirements for the movement of controlled waste from interstate to Victoria are provided in Movement of controlled waste into Victoria (publication IWRG831). The application form is available on the waste transportation forms page of the EPA website.
Movement of prescribed industrial waste from Victoria to interstate
The interstate movement of prescribed industrial waste from Victoria is managed under both:
Requirements for the movement of PIW from Victoria are provided in Movement of prescribed industrial waste from Victoria (publication IWRG832). The application form is available on the waste transportation forms page of the EPA website.
Changes to the Regulations relating to interstate movements
From 18 July 2017, Regulation 26(3)(b) of the Environment Protection (Industrial Waste Resource) Regulations 2009 has been permanently amended, requiring that EPA can only approve the interstate transport of non-liquid prescribed industrial waste if the receiving facility has equal to or better environmental performance standards than a facility that is licensed to receive the waste or exempt from the requirement to hold a licence. This amendment will last until the Environment Protection (Industrial Waste Resource) Regulations 2009 sunset (expire) on 30 June 2019.
Given this, IWRG832 has been changed so that ‘better environmental performance standards’ now reads ‘equal or better environmental performance standards’.
The Department of Environment, Land, Water and Planning (DELWP) has consulted with Victorian industry to inform the permanent amendment. For more information, please contact DELWP at firstname.lastname@example.org.
How we assess applications
Each application will be assessed on a case-by-case basis. Comparing the performance of deposition facilities is complex, with many competing factors to weigh up. Thus, EPA assessors make informed decisions for each application, to determine which criteria are relevant to the substance being proposed for transportation. The case studies below have been developed to help explain EPA’s assessment process.
Case study 1: Company X applies to EPA to transport soil contaminated only with asbestos. EPA assessors would compare landfill cover practices and daily cover depths, whereas some other elements such as leachate management systems may not be relevant, as per IWRG832.
Case study 2: Company Y applies to EPA to transport soil contaminated with asbestos and leachable metals. EPA assessors would compare landfill cover practices and daily cover depths, as well as landfill performance standard (liner and leachate collection systems), as per IWRG832.
For further information on applications for the transport of waste please phone 1300 372 842 (1300 EPA VIC) or email email@example.com.
Permit to transport prescribed industrial waste
The Environment Protection Act 1970 (EP Act) generally requires a person to have a permit to transport prescribed industrial waste if the person is conducting a business involving the transport of prescribed industrial waste, unless the following applies:
- the load is destined for a site that is exempt from the transport permit and tracking system
- the net load being transported is less than 50 kilograms or litres, and there is no fee or reward.
A permit to transport prescribed industrial waste can be obtained by lodging an application and relevant fee. Guidance on the application processes for new permits, renewal of permits, transfers of permits and permit amendments is provided in Permit to transport prescribed industrial waste (publication IWRG811). This guideline replaces publication 436: Instructions for completion: Application for a permit to transport prescribed waste.
Application forms are available on the waste transportation forms page of the EPA website.
The annual return for producers of prescribed industrial waste is no longer required. This change took effect in the 2009–10 financial year.
Improving the vehicle permitting process
From 4 December 2017, EPA has implemented the following improvements to the vehicle permitting process:
- Applicants are responsible for self-assessment to ensure their vehicle is fit for purpose.
- Applicants are no longer required to submit photographs of their vehicle.
- Forms have been updated and can be submitted electronically.
- Applicants need to declare relevant offences.
- Prior to signing the declaration, applicants are responsible for ensuring their vehicle is fit for purpose for the waste codes being applied for.
- Applicants will need to disclose if they have committed any relevant offences. Relevant offences are defined in Section 20C of the Environment Protection Act 1970. Further information is provided in Permit to transport prescribed industrial waste (publication IWRG811).
- EPA will no longer assess vehicle photographs.
- Relevant offences will be considered by EPA.
- You must ensure that your vehicle is suitable for the waste types you apply for and complete a self-assessment using the EPA guidance.
- Relevant offences will be considered when EPA is determining whether applicants are fit and proper persons and able to hold a vehicle permit.
- More standard conditions are included in the permit approval.
- The updated conditions are not new requirements. They provide further clarity to permit holders on existing vehicle control requirements.
- Permit holders are responsible for compliance.
- Vehicle compliance inspections have increased.
- EPA has increased compliance audits on PIW transporters through desktop assessments and roadside operations.
- VicRoads officers are now capable of conducting EPA permitted vehicle inspections and can identify vehicles illegally transporting PIW.
Further information for transporting prescribed industrial waste
Driver training: A person who drives a vehicle permitted to transport prescribed industrial waste must have a driver training certificate. The Victorian Waste Management Association conducts the required training, phone 03 9646 8590
Vehicle placarding: In accordance with Schedule 4 of the Environment Protection (Industrial Waste Resource) Regulations 2009 vehicles must be placarded if a vehicle is transporting:
- prescribed industrial waste of 500 litres or kilograms or more, which can also be classified as dangerous goods under the Dangerous Goods Act
- pharmaceutical wastes, which can also be classified as class 6.1 dangerous goods under the Dangerous Goods Act
- any amount of clinical wastes or cytotoxic wastes
- non-hazardous wastes as per schedule 4 of the Regulations.
Vehicles transporting prescribed industrial waste that are classified as dangerous goods must be placarded in accordance with the Australian code for the transport of dangerous goods by road and rail, published by the National Transport Commission.
For further enquiries, please contact EPA Victoria on 1300 372 842 (1300 EPA VIC) or email firstname.lastname@example.org.