Regulated Waste Classification

The regulated waste classification provisions of the Environmental Protection Regulation 2019 (EP Regulation) are used to identify and appropriately manage the risks associated with various wastes and associated waste management activities.

The regulation includes a risk-based waste classification framework where regulated waste is classified as either:

  • Category 1 regulated waste (highest risk)
  • Category 2 regulated waste (moderate risk); or
  • Not-regulated waste / general waste (lowest risk).

Schedule 9 of the EP Regulation provides a list of regulated wastes and their default category, wastes that are not regulated waste, and categorisation thresholds for solid and liquid tested waste.

Waste generators are responsible for classifying their waste into a risk-based category by either:

  • adopting a default waste category from Part 1 of Schedule 9 of the EP Regulation; or
  • organising sampling and testing of their waste by an appropriately qualified person to demonstrate an appropriate risk-based category in accordance with section 43 of the EP Regulation.

The guideline Overview of regulated waste categorisation (PDF, 455.0KB) (ESR/2019/4749) outlines the process for sampling and testing waste to demonstrate an appropriate risk-based category in accordance with section 43 of the EP Regulation

Where an appropriate risk based category is demonstrated in accordance with section 43 of the EP Regulation, the waste is referred to as tested waste. While the test results remain valid (maximum of 3 months) the waste can be transported and processed or disposed of under the EP Regulation as the category of waste it became through the testing process. The waste generator and waste receiver must record prescribed information for each load of tested waste in the approved form Record of tested waste (DOCX, 118.5KB) (ESR/2019/4862).