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WASTE REDUCTION AND RECYCLING (WASTE LEVY) AMENDMENT ACT 2019 - SECT 20

Amendment of schedule (Dictionary)

20 Amendment of schedule (Dictionary)

(1) Schedule, definitions
"clean earthen material" ,
"recycling activity" ,
"reporting period" ,
"Waste and Environment Fund" ,
"waste data return" and
"weighbridge requirement provision"
omit.
(2) Schedule—
insert—

"acid sulfate soil" means soil or sediment containing iron sulfides that produces sulphuric acid when exposed to air.

"active landfill cell" see section 26.

"bad debt credit" , for chapter 3, see section 72K(1).

"bad debt credit application" , for chapter 3, see section 26.

"clean earth"
(a) means earth that is not contaminated with waste or otherwise contaminated with a hazardous contaminant; but
(b) does not include acid sulphate soil, other than acid sulphate soil that—
(i) is not contaminated with waste, or otherwise contaminated with a hazardous contaminant, other than naturally occurring iron sulphides that produce sulphuric acid when exposed to air; and
(ii) has been treated in accordance with best practice environmental management, within the meaning of the Environmental Protection Act , section 21, for the treatment and management of acid sulfate soils, as stated in a guideline prescribed by regulation.

"contaminated land register" see the Environmental Protection Act , schedule 4.

"disaster" , for chapter 3, see section 26.

"disaster management waste" , for chapter 3, see section 26.

"disaster situation" , for chapter 3, see section 26.

"discounted rate" , for the waste levy for residue waste, see section 44(4).

"dredge spoil" , for chapter 3, see section 26.

"due date for payment" , of a waste levy amount, for chapter 3, see section 26.

"earth" means natural materials such as clay, gravel, sand, soil and rock.

"environmental management register" see the Environmental Protection Act , schedule 4.

"exempt waste" see section 26.

"exempt waste application" , for chapter 3, see section 26.

"feedstock" , for a recycling activity, for chapter 3, see section 26.

"friable asbestos-containing material" , for chapter 3, see section 26.

"hazardous contaminant" see the Environmental Protection Act , schedule 4.

"lawfully managed and transported" , for asbestos or waste containing asbestos, for chapter 3, see section 26.

"levyable waste" , for chapter 3, see section 26.

"levyable waste disposal site" see section 26.

"levy period" , for chapter 3, see section 26.

"monitoring system" , for chapter 3, see section 62.

"non-friable asbestos-containing material" , for chapter 3, see section 26.

"non-levy zone" see section 26.

"progressive capping" , for chapter 3, see section 26.

"recycling activity" includes—
(a) re-using waste resources; and
(b) recycling waste resources to make the same or different products; and
(c) recovering waste resources, including extracting energy from those resources.

"recycling efficiency threshold" means the percentage of feedstock used for a recycling activity that is not disposed of as landfill as a result of the activity.

"residue waste" see section 26.

"residue waste discounting application" , for chapter 3, see section 44(1).

"resource recovery area" see section 72R.

"section 325 small site" , for chapter 3, see section 26.

"serious local event" , for chapter 3, see section 26.

"serious local event waste" , for chapter 3, see section 26.

"small site" see section 26.

"waste data return" , for chapter 3, see section 72(1).

"waste levy" see section 36.

"waste levy amount" see section 26.

"waste levy instalment agreement" , for chapter 3, see section 72B(1).

"waste levy zone" see section 26.

"weight measurement criteria" , for chapter 3, see section 26.
(3) Schedule, definition
"waste facility" , paragraph 2—
omit, insert—
2 However, a
"waste facility" does not include any of the following facilities—
(a) a facility that is lawfully operated for the sole purpose of disposing of waste generated by an environmentally relevant activity carried out under the Environmental Protection Act if—
(i) the waste is or was generated only by, and its generation is or was ancillary to, the operation of the activity; and
(ii) the activity is not a waste management ERA; and
(iii) the facility is operated by or for the entity carrying out the activity; and
(iv) the facility is authorised under the same environmental authority as the activity;
(b) a facility that is lawfully operated for the sole purpose of disposing of waste generated by 1 or more resource activities carried out under the Environmental Protection Act if—
(i) the waste is or was generated only by, and its generation is or was ancillary to, the operation of 1 or more of the resource activities; and
(ii) the facility is operated by or for an entity carrying out 1 or more of the resource activities; and
(iii) the facility is authorised under the same environmental authority as 1 of the resource activities;
(c) a facility that is lawfully operated for the sole purpose of disposing of waste generated by the processing, handling, storage or transport of materials from a resource activity carried out under the Environmental Protection Act if—
(i) the waste is or was generated only by, and its generation is or was ancillary to, the processing, handling, storage or transport of the materials from the resource activity; and
(ii) the facility is operated by or for the entity carrying out the resource activity; and
(iii) the facility is authorised under the same environmental authority as the resource activity;
(d) a facility that is lawfully operated for the sole purpose of disposing of waste generated to remediate contaminated land recorded in the environmental management register or contaminated land register if—
(i) the waste was generated by an activity (the
"initial activity" ) lawfully carried out on the contaminated land before the initial activity became an environmentally relevant activity under the Environmental Protection Act (the
"relevant activity" ); and
(ii) from the day the initial activity became the relevant activity, the waste is or was generated by the relevant activity carried out on the contaminated land; and
(iii) all of the following apply—
(A) the waste is or was generated only by, and its generation is or was ancillary to, the operation of the initial activity or relevant activity;
(B) the relevant activity is not a resource activity under the Environmental Protection Act or a waste management ERA;
(C) the facility is operated by or for the entity carrying out the relevant activity;
(D) the facility is authorised under the same environmental authority as the relevant activity.
(4) Schedule, definition
"waste management ERA" , paragraphs (b) to (m)
omit, insert—
(b) mechanically crushing, milling, grinding, shredding or sorting waste;
(c) mechanically reprocessing waste;
(d) battery recycling;
(e) composting organic material, anaerobically digesting organic material or manufacturing soil conditioner;
(f) waste reprocessing or treatment;
(g) waste storage;
(h) regulated waste transport;
(i) regulated waste treatment;
(j) tyre recycling;
(k) waste disposal;
(l) waste incineration, thermal waste reprocessing or thermal treatment;
(m) operating a waste transfer station or resource recovery facility;
(n) maintaining a decommissioned waste disposal facility.

© State of Queensland 2019



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