3.5.1(1)
The Waste Act includes a detailed list of waste management activities in Schedule 1 of the Act. As provided by section 19 of the Act, this list has been subsequently updated. The list of waste activities which was gazetted on 3 July 2009 differs from the existing descriptions in the Act in that it specifies activities involving quantities and types of waste with respect to which licensing measures apply. This list will continue to be updated as the waste classification system is put into effect (refer to Section 3.1 on the categorisation and classification of waste types and activities).
3.5.1(2)
Schedule 1 of the Waste Act and the notice on 3 July 2009 established two categories of waste management activities, both of which require licensing:
3.5.1(3)
Category A: These activities require a basic assessment process as defined in environmental impact assessment (EIA) regulations provided in NEMA to be completed in order to obtain a license for the activity. A basic assessment process is appropriate where the environmental impact of a particular activity is well understood and limited in scope.
3.5.1(4)
Category B: As a licensing requirement, these activities require a full assessment report in terms of the EIA regulations. A full assessment process is appropriate where the potential scope and extent of environmental impacts is not well understood, or is likely to be significant.
3.5.1(5)
In terms of the notice, category A activities fall below set thresholds for health and environmental safety, and include:
3.5.1(6)Category B activities, while covering the same types of activities, include hazardous waste, and exceed thresholds or quantities of waste set for Category A requirements. All incineration of waste falls under this category.
3.5.1(7)
The Waste Act requires that the notice listing the waste management activities must indicate whether a waste management licence is required for that activity, or the standards that must be adhered to when conducting the activity. The latter provision provides for a third category of waste management activity, which does not require a license but which must conform to particular standards. The determination of those activities will be guided by the application of the following criteria, which will be refined through the finalisation of Waste Classification Management System, shown in Table 9.
| Criteria for listed activities which do not require license | Criteria for listed activities which do require a license |
|---|---|
| Environmental risk easily assessed and is insignificant, trivial or low | Medium, high risk |
| Risk easily mitigated by simple general rules and does not require an EIA | Risk mitigated by complex rules/conditions |
| Either can be carried out anywhere or restrictions on locations can be easily defined | Have site specific considerations that require assessment |
| Regulator does not need to carry out risk assessment/screening required | Regulator needs to carry out risk assessment/screening |
| Waste types well characterised and consistent | Waste types not well characterised and/or inconsistent |
| In the public interest to take a low regulatory approach | In the public interest to regulate via a permit |
| Certainty of outcome | Risk of abuse |
| Operator competence either not needed or easily accredited | Operator competence needed |
| Unlikely to need regular inspection/other compliance assessment | Needs regular inspection/other compliance assessment |
| Recordkeeping unlikely to be needed | Recordkeeping needed for regulatory and other waste management purposes |
| Cessation of operations unlikely to need assessment | Cessation of operations likely to need assessment |
3.5.1(8)
In general, listed activities which do not require a license are likely to apply to situations in which the types of wastes involved are low-risk activities that are consistent and well-understood, and it is in the public interest to avoid the administrative burden of licensing. However, persons undertaking such activities should adhere to particular standards and will be required to register on the Waste Information System (WIS).
3.5.1(9)
The mechanism for setting standards for those activities that do not require licensing is described in Section 3.2.