Information on this page is not current law. It details new laws that commence on 1 July 2021 under the Environment Protection Act 2017.
Declaration of use (DoU) is a tool that supports you in the safe reuse, storage and recovery of materials from low-risk waste. The DoU will be a short statement or checklist, usually only a couple of pages in length. It does not apply to material from high-risk wastes, which needs a permission.
DoUs will be valid for up to 12 months, or until your waste’s form changes. You won’t need a new DoU every time you receive the same kind of waste.
The DoU will involve you completing a self-assessment that:
- describes your waste
- assesses its risks
- identifies legitimate uses for it
- provides the end user with details about the quality and safety of your waste
Waste covered by a DoU
Applying waste to land is only allowed through a DoU for a limited number of wastes. They are:
- commercial garden and landscaping organics that does not contain any physical or chemical contamination
- untreated timber, including sawdust
- natural organic fibrous waste.
If applying any other waste to land, you will need to seek a determination issued by EPA for guidance.
The duty to deposit waste at a lawful place applies to all industrial wastes, including those intended for reuse or recovery. For many types of waste, the lawful place must be a site that holds a permission. The DoU complements this requirement, offering you an alternative way to achieve lawful place for some low-risk wastes.
- A DoU will help you meet the waste duty and help you manage risks.
- The DoU encourages information sharing in the waste market.
- You won’t need to submit a DoU to EPA.
- An EPA authorised officer may ask to see your DoU.
When to use a DoU
You can use a DoU when you intend to use your industrial waste immediately, without needing to process it further.
When a DoU is not appropriate
A DoU is not appropriate when:
- your activity requires an EPA permission
- your waste requires further processing or storage (new permissions apply)
- it is a high-risk or reportable priority waste
- you don’t intend to reuse the waste.
Reviewed 22 January 2021