4.4 Industry Waste Management Plans

 

Industry waste management plans have been identified as the central instrument of a co-regulatory waste management system. The Waste Act contains provisions for both voluntary and mandatory industry waste management plans, but the more interventionist regulatory provisions are envisaged as a second line of interventions, which may be avoided by the completion of voluntary industry waste management plans, developed by proactive industries in agreement with DEA. A tiered approach to the use of these regulatory provisions is proposed, as follows:
  • Voluntary submission of an industry waste management plan is preferable for both industry and the DEA, and aligns with the concept of general duty of care.
  • Where industries have not developed plans, the Minister may require certain industries to produce industry waste management plans. Before doing so, the Minister must consider various matters, including the environmental impact of the waste streams, and the ability of the envisaged plan to address such impact.
  • Under certain circumstances the Minister may appoint certain persons to develop industry waste management plans on behalf of industry.
  • As a last resort, the Minister can appoint an organ of state to develop industry waste management plans on behalf of industry.
The DEA is in the process of finalizing draft guidelines to assist industry in the development of industry waste management plans, and to assist DEA in the review and approval of industry waste management plans. These guidelines have been circulated for comment and are in the process of refinement. The finalisation of these guidelines and the promotion of voluntary submission of industry plans are important steps in building a consensual approach to the implementation of the Act. However, there have been widely divergent views regarding the content and readiness of these guidelines, with industry requesting further consultation before the guidelines are published for comment.
 
DEA has identified four priority industries which are to produce the first round of industry waste management plans:
  • Tyres;
  • paper and packaging;
  • light fittings with mercury such as CFLs; and
  • pesticides (agriculture and veterinary).
These plans for priority sectors are viewed as pilots that provide an opportunity to set precedents for future Industry waste management plans. It is anticipated that the initial listing will encourage other industries to pre-empt listing by voluntarily developing industry waste management plans. The NWMS will provide guidance on the second round of industries suitable for industry waste management plans.
 
The process suggested for developing industry waste management plans is therefore:
  • Finalise the guidelines for industry waste management plans;
  • Industry waste management plans produced by the four listed industries will be submitted, as a pilot, in agreement with DEA; and
  • Voluntary preparation and submission from other industries, in agreement with DEA.
Where voluntary measures prove ineffective, the Minister or MEC may require waste management plans from industries or, as a last resort, appoint persons or organs of state to prepare these. The Waste Act establishes criteria that the Minister must consider before requiring industries to prepare plans. The NWMS needs to develop these criteria further.
 
In order to support the proposals and initiatives that emerge from industry plans, it is envisaged that economic instruments and special regulatory measures will be developed and utilised within a consensual regulatory approach. The use of special regulatory measures outside of a consensual approach will be invoked only in instances of non-cooperation or market failure. 
 

There are overlaps between the regulatory provisions for industry waste management plans, extended producer responsibility and priority wastes. The NWMS needs to clarify how these overlapping relationships and interfaces will be addressed. The NWMS also needs to examine and make recommendations on how compliance with an industry waste management plan can be interpreted as compliance with requirements for other environmental management plans (or vice versa).