Environment and Resource Management

Waste frequently asked questions

This page contains some of the most frequently asked questions from the information sessions for the Environmental Protection (Waste Management) Regulation 2000 and Environmental Protection (Waste Management) Policy 2000.

Additional information can also be found in the guidelines that have been prepared on specific topics of relevance under the legislation. For copies of the department supporting information contact the department on (07) 3227 7111.

General
Waste management hierarchy and principles
Waste management program
Litter management and waste dumping
Waste receival and disposal
Waste tracking
Clinical and related waste management
PCB management
Design rules

For more FAQs

General

Q. Under the current definition of waste, when is a product a waste?

A. The definition of 'waste' is in the Environmental Protection Act 1994 (EPAct) In brief, it includes any thing that is (a) left over, or an unwanted by-product, from an industrial, commercial, domestic or other activity; or (b) surplus to the industrial, commercial, domestic or other activity generating the waste. A thing can be a waste whether or not it is of value.

Q. What has happened to the Environmental Protection (Interim Waste) Regulation 1996?

A.Some sections of this regulation have been retained, while others have been omitted. All of the sections which give local governments power to manage waste collection services in their areas have been retained, e.g. local governments can still specify a location and time of day for a removal service. The omitted sections are:

Waste management hierarchy and principles

Q. What are the waste management hierarchy and principles?

A.The waste management hierarchy is set out in s10 of the Environmental Protection (Waste Management) Policy 2000. It sets out the preferred order of adoption of certain waste management practices and is a framework for prioritising those practices to achieve the best environmental outcome. From most preferred to least preferred, the practices are:

The other principles for managing waste are set out in sections 11, 12 and 13 of the Environmental Protection (Waste Management) Policy 2000. Briefly they are:

Waste management program

Q. Can a waste management program be applied to activities that are not environmentally relevant activities (ERAs) under Schedule 1 of the Environmental Protection Regulation 1998?

A. No. The legislation specifically addresses only ERAs.

Q. Who is required to prepare a waste management program?

A. A waste management program may be required as a condition of an existing licence issued under the Environmental Protection Act 1994. The decision to require a waste management program would be based on the considerations of the amount and type of waste, any hazardous characteristics of the waste, the likely impact on the environment, and proposed plans to deal with the waste.

Q. Do current waste management plans need to be renamed or their content changed to reflect the requirements in the Environmental Protection (Waste Management) Policy 2000?

A. A plan known as "waste management plan" was often included as a condition on licences to manage waste from a licensed activity. It is not mandatory to change the name of such a plan to "waste management program". However, if a licence is being amended for another reason, the opportunity may be taken to change the terminology from "plan" to "program" for consistency.

Litter management and waste dumping

Q. What is the definition of "litter"?

A. The definition of "litter" is the ordinary meaning given in the Macquarie Dictionary, which is "scattered rubbish, especially in public places, or a condition of disorder or untidiness".

Q. If the local government has a local law on littering, which takes precedence?

A. The State legislation has precedence if the State and local government laws are contradictory. If they are the same but the local law is more stringent (e.g. in terms of penalties), then the local law will prevail.

Q. Is the landowner responsible for the management of litter illegally placed on their property if the offender cannot be traced or caught?

A. The litter offence in the Environmental Protection (Waste Management) Regulation 2000 (section 8) applies only to a person disposing of litter at a place. If the landowner did not dispose of the litter, they cannot be prosecuted for littering.

Waste receival and disposal

Q. Is burning waste at a waste facility unlawful?

A. Yes, s13 of the Environmental Protection (Waste Management) Regulation 2000 states that:

"A person must not set fire to, or burn, waste at a waste facility other than -

  1. under an environmental authority; or
  2. under the Fire and Rescue Authority Act 1990."

Q. Which has precedence in relation to smoke and/or dust from a landfill fire - the nuisance provision of the Environmental Protection Regulation 1998 or the Fire and Rescue Authority Act 1990?

A. The Fire and Rescue Authority Act 1990 has precedence.

Waste tracking

Q. What are the requirements for commercial transport of waste?

A. If the waste being transported is general waste, the transporter is required to be approved by the local government under s369 of the Environmental Protection Act 1994. If the waste is a regulated waste as defined in the Environmental Protection Regulation 1998, the transporter must also be licensed by the department as a regulated waste transporter. If the waste is trackable waste as defined by s17 of the Environmental Protection (Waste Management) Regulation 2000, the applicable waste tracking requirements must be complied with by all waste handlers.

Q. What is the reason for the staged introduction of the tracking provisions?

A. To allow industry to develop the necessary internal systems to comply with the provisions, and to allow the department to develop a database system to handle the expected volume of information.

Q. How does waste tracking ensure that all the waste collected is delivered to the proper destination?

A. Discrepancies between the amount recorded as being transported and that recorded as having been received will be investigated by the department. Appropriate action will be taken based on the results of that investigation.

Q. Does a waste need to be tracked if it is being transported for use in another product?

A. Yes, if it is listed in Schedule 1 of the Environmental Protection (Waste Management) Regulation 2000.

Q. Is a waste required to be tracked if it is generated and transported by the generator e.g. if a farmer transports more than 250kg of tyres (e.g. three tractor tyres)?

A. Yes, the farmer is both a generator and transporter of the waste. They will be required to be licensed as a regulated waste transporter if carrying more than 250kg of a regulated waste. s18(2) of the Environmental Protection (Waste Management) Regulation 2000 states that where the same person acts in more than one role of generator, transporter, or receiver the person must comply with the requirements of each capacity in which they are acting. Note: tracking of tyres only applies from 1 July 2002.

Q. What are the tracking and licensing requirements for small quantities of regulated wastes from remote areas?

A. As a regulated waste, the waste must be transported by a licensed transporter if it is for fee or reward or over 250kg. If less than 250kg and not for fee or reward, the transporter does not need to be licensed. If less than 250kg but the transporter is being paid (i.e. for fee or reward) then the transporter must be licensed and the waste must also be tracked if it is listed in Schedule 1 of the Environmental Protection (Waste Management) Regulation 2000.

Q. What are the tracking requirements if waste is transported to a treatment facility in Queensland then interstate for disposal?

A. Separate tracking forms need to be completed, one for the stage within Queensland, then a separate form for interstate in which the Queensland facility becomes the generator.

Clinical and related waste management

Q. How do I get my clinical and related waste management plan approved now that it is developed?

A. The clinical and related waste management plan does not require approval. However, if a copy is required by the administering authority, it must be made available.

Q. What information is available to assist facilities which are required to develop a clinical and related waste management plan?

A. S43 of the Environmental Protection (Waste Management) Regulation 2000 requires blood banks, hospitals, laboratories, multi-service medical clinics and veterinary hospitals to develop a clinical and related waste management plan. Whilst there is no set format, s44 sets out the matters to be considered in the plan. Supplementary information is available in the following documents:

Q. Do the Environmental Protection (Waste Management) Regulation 2000 provisions on clinical and related waste apply to council immunisation clinics?

A. Yes. These clinics are premises whose core business generates clinical and related waste and they must apply the provisions relating to segregation, storage, transport and disposal etc.

Q. Are sharps from public toilets to be managed as clinical and related waste?

A. As its primary function does not result in the generation of clinical and related waste, a public toilet does not come within the terms of the Environmental Protection (Waste Management) Regulation 2000. If sharps are generated (needles, lancets, etc.) they must be disposed of into a rigid walled, puncture resistant container that is capable of being sealed or securely closed, before being placed in a general waste (not recycling) bin.

Q. How should dead animals be managed?

A. The roadside pick-up of animal carcasses is not affected by the new provisions. Animals which have been euthanased can be disposed of as per local government requirements unless the animal had an infectious disease that is transmissible to humans, in which case it should be managed as a clinical waste (Division 2, Environmental Protection (Waste Management) Regulation 2000). If multiple deaths occurred as a result of an outbreak of an infectious disease listed as an Exotic Disease in the Animals Regulation 1981, the incident should be managed by the Department of Primary Industries as the lead agent in conjunction with the department.

Q. How was it determined which local government areas would be listed as scheduled areas in Schedule 8B of the Environmental Protection Regulation 1998?

A. The scheduled areas were determined from criteria used by the National Classification System for Local Governments. The primary criteria this national systems uses is population density to determine a classification for local governments across Australia. For the majority of areas, the population cut-off was 5000. Most of the local governments listed as scheduled areas are categorised under the national scheme as remote and rural agricultural. Some areas classified as urban under the national scheme have also been included as a scheduled area because of their remoteness and the fact that they are surrounded by scheduled areas.

Q. If untreated clinical waste is buried at a landfill, is a separate licence and fee required or is it covered by the general waste licence?

A. Landfill facilities in scheduled areas are permitted to accept up to five tonnes of untreated clinical waste per annum. This can be done under the existing general waste licence without the requirement for an additional fee or separate application.

Q. If a local government is listed as a scheduled area, does untreated clinical waste have to be accepted at the landfill?

A. No. A local government has the right to say what wastes they believe the landfill is capable of accepting. If a local government in a scheduled area does not want to accept untreated clinical waste, they do not have to accept it.

Q. How will a local government in a scheduled area know how much untreated clinical waste is being disposed of to a landfill?

A. All untreated clinical waste must be disposed of by supervised burial. When such waste is brought to the landfill for disposal, the person who carries out the operation of the facility or a representative of the facility owner/operator, should supervise the burial and record the approximate amount (either as a volume or a weight) of waste buried at the time and ideally, the location of its burial.

Q. Can a generator of clinical waste in a scheduled area whose waste is currently collected now landfill that waste?

A. Yes, so long as the individual landfill is prepared to accept this type of waste. However, if they are using a licensed waste transporter, they would be encouraged to keep using that service. Similarly, if other options to landfilling untreated clinical waste are available, they may be preferable where the waste management hierarchy and principles are considered.

Q. Can "related wastes" as defined in the Environmental Protection (Waste Management) Regulation 2000 also go to landfill in a scheduled area?

A. No. Only untreated clinical wastes can be landfilled in a scheduled area.

Q. I'm using bags for clinical waste that have got "Contaminated waste" marked on them - what do I do?

A. These bags can be used until supplies have run out. When bags are reordered to replace these, they should be marked with "Clinical waste" and the biohazard symbol in accordance with Schedule 4 of Environmental Protection (Waste Management) Regulation 2000. However, if you are currently using bags for clinical waste disposal that are not coloured yellow (they may be green, black or white), you should replace these bags straight away with the correct bags. The other coloured bags can then be used in non-clinical areas such as the kitchen. If you have bins that are not totally yellow in colour, as long as some part of the bin is coloured yellow (such as the lid), it may still be used until bins are replaced. However, we strongly suggest replacement be done as soon as possible to avoid confusion.

Q. Can I continue to use black plastic bags if they placed inside yellow bins or must both be yellow?

A. No, both must be yellow. This will help avoid confusion. In the event of accident or spillage, people will know what the waste is by the colour of the bag.

Q. Are bandaids and similar waste from first aid rooms, clinical waste?

A. No. Waste that may typically be generated by a first aid room located in an office or factory is not clinical waste if it does not contain free flowing blood or body fluids, or is not heavily saturated or contaminated with blood. If sharps are generated (needles, lancets, etc.), they must be disposed of into a rigid walled puncture resistant container that is capable of being sealed or securely closed before being placed in general waste (not recycling) bins.

Q. How should tubing etc from home dialysis be managed?

A. Waste generated in the home is not classified as regulated waste and therefore can be disposed of into the household collection bin. The waste should be bagged before it is placed in the bin, so that it is contained.

Q. What are the requirements for people disposing of hypodermic needles at home?

A. All hypodermic needles that have been in contact with human or animal tissue or body fluids must be disposed of into a rigid-walled, puncture resistant container. The container must be capable of being sealed and should be kept out of the reach of children. The container and its contents can then be placed in a domestic rubbish bin.

Q. Who is responsible for approving extensions of time for clinical waste collections under (s51) of the Environment Protection (Waste Management) Regulation 2000?

A. Applications should be sent to the local the department office.

Q. What are the management options for the different types of sanitary wastes?

A. These wastes may be disposed of to landfill, unless the local government does not permit this type of disposal. If the facility chooses, these wastes may also be treated as for clinical waste (or cytotoxic waste where the waste has been generated by a person receiving cytotoxic drug treatment). Design requirements for the respective storage containers are set out in Schedule 4 of the Environmental Protection (Waste Management) Regulation 2000. Treatment and disposal process requirements are set out in Schedule 5.

Q. How should sharps from vet surgeries and clinics be managed?

A. These sharps must be placed into an Australian Standard compliant container and disposed of as clinical waste.

Q. How should waste from a veterinary surgery be managed?

A. If it is clinical and related waste, it should be managed as per the provisions in s46 to 53 of Environmental Protection (Waste Management) Regulation 2000 regarding segregation, storage, treatment and removal.

Q. Would a locked 240 litre wheelie bin in a public area be sufficient to ensure security of waste?

A. Not if the waste is generated at premises at which clinical or related waste is generated. s50 of the Environmental Protection (Waste Management) Regulation 2000 requires operators of such premises to set aside an area for storing clinical or related waste that is not accessible to animals or unauthorised people, and not store the waste anywhere else. This means storing the waste in a public area would not be sufficient.

PCB management

Q. How can I dispose of equipment containing PCB material?

A. PCBs are classified as a regulated waste under the Environmental Protection Regulation 1998 and as such, the department requires that companies that transport, store or dispose of PCBs hold an environmental authority for this activity. Information about licensed operators can be obtained by contacting the department on 1800 501 087. Material containing PCBs are listed as trackable wastes in Schedule 1 of the Environmental Protection (Waste Management) Regulation 2000 and so the tracking provisions would also apply.

Q. Do PCBs in soil have to be reported to the department?

A. Certain PCB material needs to be reported but PCB material is defined to exclude PCBs in a diluent in a concentration of less than 2mg/kg. A diluent is a matrix within which PCBs are distributed e.g. oil, concrete or soil.

Q. How should PCBs be collected and stored?

A. The department Guideline "Managing PCBs" contains some suggestions on handling and storing PCBs. In addition, a free handbook for people working with PCBs is available to assist safe handling. It is called "Identification of PCB-containing Capacitors" and can be obtained from the Community Information Unit of the Australian Government Department of the Environment and Heritage by:

Q. Is there a guideline which gives some information on the amount of PCB which would be expected in different equipment e.g. ceiling fan, dishwasher etc. to assist local government landfill operators?

A. There is no the department guideline, however the lists in Appendix 4 and 5 of the free ANZECC publication "Identification of PCB-containing Capacitors" may be of some assistance. Copies can be obtained from the Community Information Unit of Environment Australia by:

Q. Is there a form to be completed to provide information on PCBs to the department?

A. No. The information to be provided is listed in s61 of the Environmental Protection (Waste Management) Regulation 2000 and can be simply supplied in a letter to the Manager - Waste and Technical Services, Environmental Operations, EPA.

Design rules

Q. What happens to equipment that is approved, but may not meet the design rules?

A. Under s71 of the Environmental Protection (Waste Management) Regulation 2000, all waste equipment that held a waste equipment approval issued by either the department (under the Environmental Protection (Interim Waste) Regulation 1996) or Queensland Health (under the Refuse Management Regulation 1983) is taken to comply with the new design rules.

Q. Why are skip bins limited to containing non-putrescible waste?

A. As skip bins do not have covers, the disposal of putrescible waste into these bins creates an increased risk of odour nuisance and of vermin and vector attraction.

Q. How should putrescible waste be transported if it is excluded from skip bins?

A. In a covered and sealable bin to minimise environmental harm.

Q. Are there any design requirements for waste containers and waste transport vehicles for clinical and related wastes?

A. Section 47 of the Environmental Protection (Waste Management) Regulation 2000 states that containers used for the collection, storage, transport or disposal of clinical and related waste must meet the requirements set out in Schedule 4 for the category of waste for which they will be used. For instance, clinical waste is to be placed into yellow containers, cytotoxic into purple and radioactive into red each of which must bear particular symbols and identifications. Clinical and related wastes for which design requirements are not set out in Schedule 4 e.g. human body parts should be placed into a container appropriate for the appropriate treatment or disposal method.

Note: If the waste containers and waste transport vehicles will also be licensed (such as a regulated waste transport vehicle), the licence conditions will provide the method to meet the standard of the design rules. It is emphasised that the design rules do not replace a licence.

Last updated: 15 June 2006

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