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New NSW Protection of the Environment Operations Waste Regulations: 12 areas of staged change from 1 November 2014

On 17 October 2014 the Protection of the Environment Operations (Waste) Regulation 2014 (2014 Regulations) was enacted, which will replace the previous Protection of the Environment Operations (Waste) Regulation 2005 (2005 Regulations) from 1 November 2014.


Written by

Jessica Baldwin
Arie van der Ley

under the supervision of
Maureen Peatman


The 2014 Regulations will bring in a raft of significant changes to the waste industry. These regulations will be supported by the Protection of the Environment Operations (Waste) Amendment (Contributions) Regulation 2014 (Contributions Regulations) to commence on 1 August 2015.

This e-alert is the first of a series which will investigate the new regulatory framework and focus on each of the following twelve key areas of change:


  1. Proximity Principle – a new offence for the transportation of waste
  2. Improved resource recovery exemptions
  3. Additional prescribed wastes for land pollution offences
  4. A new land pollution defence for unlicensed landfills
  5. Improving immobilisation of high-risk contaminants
  6. Additional operational purpose deductions
  7. Reduced licensing thresholds for waste activities


  1. Waste tracking requirements

FROM 1 JULY 2015

  1. Waste tyre monitoring and licensing requirements
  2. Asbestos waste monitoring requirements


  1. Waste levy reforms; and
  2. Waste facility reporting requirements.

The 2014 Regulations amalgamate the Sydney metropolitan area and the extended regulated area into one 'metropolitan levy area'. The rural regulated area remains the same but will be referred to as the 'rural levy area' under the 2014 Regulations.

The full 2014 Regulations can be found at:  

All scheduled waste facilities are encouraged to check they are compliant with the new changes.

This summary will be followed by a number of staged updates providing a detailed review of each of the above amendments.




Maureen Peatman, Sydney
Ian Miller, North Ryde
Anton Dunhill, Melbourne
Tony Raunic, Melbourne
Rick Harley, Adelaide
Antony Logan, Hobart

Maureen Peatman
Hasti Kalarostaghi

Disclaimer: The information contained in this e-alert/update is not advice and should not be relied upon as legal advice. Hunt & Hunt recommends that if you have a matter that is legal, or has legal implications, you consult with your legal adviser.

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