Variation to the National Environment Protection (Movement of Controlled Wastes between States and Territories) Measure (No. 1)
National Environment Protection Council Act 1994
The NATIONAL ENVIRONMENT PROTECTION COUNCIL makes this variation to National Environment Protection (Movement of Controlled Wastes between States and Territories) Measure under section 22A of the National Environment Protection Council Act 1994.
Dated                                      [4 November 2010]
 
1              Name of Variation
                     This Variation is the Variation to National Environment Protection (Movement of Controlled Wastes between States and Territories) Measure (No.1).
2              Commencement
                     This Variation commences on the day after it is registered.
3              Amendment of National Environment Protection (Movement of Controlled Wastes between States and Territories) Measure
                     Schedule 1 amends the National Environment Protection (Movement of Controlled Wastes between States and Territories) Measure.
Schedule 1                       Amendments
 
 
Introductory Note
Section 22A of the National Environment Protection Council Act 1994 and the equivalent provision of the corresponding Act of each participating State and Territory enables the National Environment Protection Council to make a minor variation to a national environment protection measure.  This is a variation to the National Environment Protection (Movement of Controlled Wastes between States and Territories) Measure which was made by the National Environment Protection Council on 26 June 1998.
The Variation is to be implemented by the laws and other arrangements participating jurisdictions consider necessary pursuant to section 7 of the Commonwealth Act and the equivalent provision of the corresponding Act of each participating State and Territory.
[1]            Clause 3 Definitions Producer
substitute
Producer means a person who produces or consigns controlled waste or a person authorised by an agency in the jurisdiction where the controlled waste is produced, to act on behalf of the producer.
[2]            Clause 8 Exclusions to this measure
move from subclause 8(g)to subclause 8(h)
;or
[3]            Clause 9 Exemptions allowed by the measure
omit
Exemptions under 9(a) and 9(b)
insert
Exemptions under 9(a),  9(b), 9(c) and 9(d)
[4]Subclause 10 (a) Review of the Measure
omit
five
insert
ten
[5]            Subclause 10 (b) Review of the Measure
omit
 [6]           Subclauses 13 (c) to (e) Features for the establishment of a system for the movement of controlled wastes
omit
[7]            Subclauses 13 (f) to (l) Features for the establishment of a system for the movement of controlled wastes
reletter
13 (c) (d) (e) (f) (g) (h) (i)
[8]            Subclause 13 (h) (ii) Features for the establishment of a system for the movement of controlled wastes
after
subclause 13 (h)(ii)
insert
Explanatory Note:
The policies and legislation may include those relating to the generation, transport, treatment or disposal of controlled waste.
[9]            Schedule A – List 1: Waste Categories
(a)        omit
Cyanides (organic)
insert
Cyanides (organic)/nitriles
(b)        omit
Encapsulated, chemically-fixed, solidified or polymerised wastes
insert
Encapsulated, chemically-fixed, solidified or polymerised wastes referred to in this list
(c)        omit
Filter cake
insert
Filter cake contaminated with residues of substances referred to in this list
(d)        omit
Fly ash
insert
Fly ash, excluding fly ash generated from Australian coal fired power stations
(e)        after
Organohalogen compounds - other than substances referred to in this list
insert
Oxidising agents
(f)         after
Polychlorinated dibenzo-p-dioxin (any congener)
insert
Reactive chemicals
Reducing agents
(g)        omit
Sewage sludge and residues including nightsoil and septic tank sludge
 [10]          Schedule B
omit
in printed form.
insert
in printed form or in an approved form that provides equivalent access for police, emergency workers or authorised officers.
[11]           Schedule B – Part 1: To be supplied by the waste producer
(a)        omit
·       Contaminant(s)
(b)        omit
·       Waste origin code (ANZ Standard Industry Code)