Waste Reduction and Recycling Regulation 2023

This regulation may be cited as the Waste Reduction and Recycling Regulation 2023.

Parts 5 and 6 commence on 1 September 2023.

The dictionary in schedule 13 defines particular words used in this regulation.

For schedule 1 of the Act, definition regulated waste, waste that is regulated waste within the meaning of the Environmental Protection Regulation 2019, section 42 is prescribed as regulated waste.

A local government may—

by resolution, designate areas within its local government area in which the local government may conduct the collection of general waste or green waste; and

decide the frequency of the collection of general waste or green waste in the designated areas.

Note—

See the Local Government Act 2009, chapter 3, part 2, division 2 and the City of Brisbane Act 2010, chapter 3, part 3, division 2 in relation to the conduct of significant business activities by local governments.

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

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

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

alum sludge or other residuals produced as a result of a drinking water treatment process;

coal power station ash.

This subsection and subsection (1)(c) expire on 30 June 2029.

For section 26 of the Act, definition exempt waste, paragraph (d), the guideline called ‘Queensland Acid Sulfate Soil Technical Manual: Soil Management Guidelines’, published on the Queensland Government website is prescribed.

For section 26 of the Act, definition exempt waste, paragraph (f)(i), each of the following types of waste is prescribed to be exempt waste—

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

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

alum sludge or other residuals produced as a result of a drinking water treatment process;

waste generated in Norfolk Island and imported by the Norfolk Island Regional Council into Queensland;

coal power station ash;

residue waste from—

a glass beneficiation plant; or

a material recovery facility.

This subsection and subsection (1)(c) expire on 30 June 2029.

This subsection and subsection (1)(d) expire on 30 June 2030.

In this section—

glass beneficiation plant means a plant that removes impurities from end-of-use glass through crushing, cleaning and sorting to produce cullet.

material recovery facility has the meaning given by section 99ZE(1)(a) of the Act.

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

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

the earth was contaminated before 1 January 1992; or

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

the earth contains waste that was disposed of to landfill before 1 January 1992 (whether or not disposal continued after that time) at land recorded in the environmental management register or contaminated land register and either of the following applies—

the earth is to be removed from the land by or for a local government and delivered to a levyable waste disposal site for the sole purpose of remediating contamination;

the earth is to be removed from the land by or for a local government and delivered to a levyable waste disposal site for the purpose of conducting or operating a resource recovery and transfer facility on the land, and waste will no longer be disposed of as landfill at the land.

Also, the chief executive must refuse an exempt waste application relating to earth contaminated with a hazardous contaminant from land recorded in the environmental management register or contaminated land register if satisfied the earth, if analysed in accordance with the site contamination guideline—

is contaminated solely with petroleum hydrocarbons; or

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

In this section—

resource recovery and transfer facility see section 54(7) of the Act.

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

a project that serves an essential need of the community; and

Examples—

school, sporting field

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 and published on the Council’s website.

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 unless satisfied—

the waste is needed to carry out the purpose; and

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

In this division—

indexation rate, for a financial year, means the rate published on the department’s website as the rate for working out the rate of the waste levy for the financial year.

level 1 rate see section 13.

level 2 rate see section 14.