End of waste (EOW) framework
The end of waste (EOW) framework under Chapter 8 and Chapter 8A of the Waste Reduction and Recycling Act 2011 promotes resource recovery opportunities and aims to transform the perception of waste from being seen as waste to being valued as a resource. This framework replaced the beneficial use approval (BUA) framework on 8 November 2016. The EOW framework consists of EOW codes and approvals:
- EOW codes relate to registered resource producers and resource users for a code.
- EOW approvals are considered on a trial basis for reusing waste as resources for which an EOW code has not been developed for the waste.
A waste can be approved as a resource if the department considers that it meets specified quality criteria for its specific use. It is the registered resource producer's responsibility to ensure that the resource meets the specified criteria and quality characteristics prior to supplying the resource to the user for approved use. If a waste is approved as a resource under the EOW framework, it is no longer considered a waste under s. 13 of the Environmental Protection Act 1994. However, if the resource is not used in accordance with the EOW code or approval, it is deemed to be a waste.
Operating under an EOW code can have the following benefits:
- less regulation for the reuse of waste, e.g. approvals relating to regulated waste are not required
- volumes of waste disposed to landfill are reduced, reducing the cost associated with disposal
- costs from using raw materials may be reduced
- reuse of the waste may have a monetary value.
Under the transitional provisions in the legislation, resources approved under specific BUAs issued prior to 8 November 2016 can continue to be used as a resource for the uses specified under those approvals until the end of the approval period for the BUA (the period specified in the relevant Notice).
For more details on the EOW framework, refer to the relevant sections below and the End of waste (EOW) guideline—ESR/2016/3323 .
End of waste codes
EOW codes are outcome-focused. They specify outcomes that need to be achieved in order for a waste to be deemed a resource. A waste producer may supply a waste as a resource under an EOW code provided they have registered with the department and can comply with the requirements of the code.
Where the use of a waste as a resource has been demonstrated to have benefits through sustainable use and negligible environmental risks, consideration may be given to developing an EOW code. The EOW code will state requirements for the registered resource producer as well as conditions for the use of the resource. It will be the registered resource producer’s responsibility to ensure that the resource supplied to resource users meets criteria and quality characteristics specified in the code. Similarly, it will be the resource user’s responsibility to ensure that the resource is used for the relevant use in accordance with the conditions imposed on the use of the resource.
Annual call for submissions
The department calls for submissions annually for the development of EOW codes. While submissions on all resource types are considered by the department, the decision on whether or not to develop an EOW code is at the department’s discretion. Where the department considers that a waste has properties that make it comparable to a product and has negligible environmental risks, it may develop a draft EOW code for the waste. A technical advisory panel may be established by the department for the development of an EOW code. Once a draft EOW code has been developed, it will undergo a public consultation process to allow all stakeholders the opportunity to provide comment on the proposed EOW code.
The annual submissions for 2018 opened on 3 October 2018 and closed on 14 December 2018. The next call out for submissions for EOW codes will be made in the fourth quarter of 2019. An update will be provided here if this happens earlier. The relevant form will be made available on this website when submissions are open.
Register to operate under an EOW code
A person must register as a resource producer to operate under an EOW code. If a person is not registered as a resource producer, the material is deemed to still be a waste and must be continued to be managed in accordance with relevant waste management provisions under the Environmental Protection Act 1994 and the Waste Reduction and Recycling Act 2011. Users of the resource do not need to register with the department unless the EOW code specifically requires notification under the conditions of the EOW code. Penalties may apply if the requirements and/or conditions of an EOW code are not complied with.
To register as a resource producer or to stop being registered as a resource producer for an EOW code, the Registered resource producer for an end of waste code (ESR/2018/4082) notice of registration form is to be completed and provided to the department. Some EOW codes will also require, as a condition, that the proposed user of the resource must notify the department before the resource is used. The Resource user for an end of waste code notification form (ESR/2018/4552) may be used to meet this notification requirement.
Current end of waste codes
|Approved resource||EOW code reference|
|Associated water (including coal seam gas water)||ENEW07547018 (ESR/2018/4713)|
|Associated water for irrigation (including coal seam gas water)||ENEW07546918 (ESR/2018/4712)|
|Chemically treated solid timber||ENEW07503218 (ESR/2019/4933)|
|Coal combustion products||ENEW07359717 (ESR/2018/4549)|
|Coal seam gas drilling mud||ENEW07543018 (ESR/2018/4550)|
|Fertiliser wash water and slurry||ENEW07278417 (ESR/2018/4173)|
|Foundry sand||ENEW07359617 (ESR/2018/4551)|
|Oyster shells||ENEW07278317 (ESR/2018/4174)|
|Sugar mill by-products||ENEW07359817 (ESR/2018/4440)|
|Water treatment residuals||ENEW07503318 (ESR/2019/4944)|
*Please note that the above EOW codes remain in force until otherwise cancelled, amended or suspended.
The department proposes to develop an EOW code to allow for the use of the following waste as a resource. A copy of the draft code is provided below.
- DRAFT—End of Waste Code—Paunch
Consultation period closes on 16 October 2019
- DRAFT—End of Waste Code—Untreated Timber
Consultation period closes on 21 October 2019
A person may make a submission to the chief executive about the draft EOW code during the consultation period. All submissions received during the consultation period will be considered before deciding whether or not to make the EOW code.
Where possible, when making a submission you should provide comments on the draft EOW code through your industry representative using the headings below. This will help to ensure that comments received by the department can be duly considered in a timely manner.
|Section/page reference||Summary of issue||Comments|
|<submitter to provide>||<submitter to provide>||<submitter to provide>|
Written submissions are to be provided to the department before 5:00pm on the day the consultation period closes to RRS.Consultation@des.qld.gov.au.
Expression of Interest to become a member of Technical Advisory Panel(s) for the development of draft End of Waste Codes
Chapter 8 of the Waste Reduction and Recycling Act 2011 enables the department to make an end of waste code, which stipulates when a specific waste ceases to be a waste and becomes a resource for a specific purpose. The department may establish a Technical Advisory Panel to prepare a draft end of waste code or to advise the department about a draft end of waste code, or an amendment to an end of waste code.
The department is creating a list of experts who could be a part of a Technical Advisory Panel. To this end, the department invites interested persons to express their interest in being included on a list of experts. As the need arises, the department may invite experts to be a part of a Technical Advisory Panel to prepare (or provide advice about) a draft end of waste code. Please be advised that the department is under no obligation to invite persons on the list to participate on a Technical Advisory Panel.
In order to be considered for the list of experts, interested persons will need to:
- nominate a waste material(s), waste type(s), or other specific area of expertise in which they are qualified and experienced. Other specific areas of expertise may include, for example, chemicals, environmental assessment and expertise associated with the potential end use of a waste,
- be well established in the nominated area of expertise evidenced through qualifications, experience, or professional recognition,
- be a member of a relevant professional organisation(s) where applicable,
- be willing to provide inputs intermittently over a given period (approximately 6 months) on a volunteer basis,
- provide a resume demonstrating the general requirements above and provide two professional referees, and
- provide a cover letter (maximum 2 pages) demonstrating the skills relevant to the area of expertise.
If you are interested in being included on the list of experts, please send an email to RRS.Consultation@des.qld.gov.au with ‘TAP EOI - waste type’ as the subject heading demonstrating the general requirements above.
This is an open invitation and expressions of interest (EOI) are welcome at any time. The department will review EOIs as they are received and advise each applicant of the outcome. If you have any questions regarding the process to establish a technical advisory panel or the role of the panel in the development or amendment of an end of waste code, please send your enquiries to RRS.Consultation@des.qld.gov.au
Schedule of proposed end of waste codes
The following schedule provides details on the development of draft EOW codes. You may register interest in being consulted when a draft code is being prepared. To register your interest please provide your: name; company name (if applicable); email; postal address and telephone (e.g. a signature block) and the EOW Code(s) that you wish to be consulted on to the Department. This information is to be provided to RRS.Consultation@des.qld.gov.au with the subject heading ‘EOI – consultation on draft codes’. Please note all the draft codes listed in the schedule will be made publicly available on this website for consultation and registration is not essential to provide comment.
TAP identified as required
Date for commencement of draft code development
Proposed date for completion of the draft code development
|Concrete washout waste||Production of products for use in building, construction or landscaping applications (recycled concrete aggregate; engineered and structural fill; road base; sub road base; subsoil and subsurface drainage); Neutralisation of acid sulphate soils; pH adjustment of acidic soil; pH adjustment of acidic pond waters||Yes||Public consultation completed. However, following revisions based on the submissions received, the draft EOW code for Concrete washout waste will be made available for public consultation again.||31 October 2019|
|Ferrous chloride||Hydrogen sulphide control in wastewater; phosphate control in wastewater; corrosion control in heat exchangers; and cyanide control in mine tailings.||Yes||26 Nov 2018||22 Nov 2019|
|Untreated timber||Architectural and/or construction applications; manufacturing compost, mulch or soil conditioner.||No||Open for public consultation||Open for public consultation|
|Railway spoil ballast||Bound applications where the resource is encapsulated or chemically transformed and incorporated into a final product that complies with relevant Australian Standards for that product; and Unbound applications limited to: earthworks and fill during construction activities on land designated for commercial use and/or as an industrial area under the Planning Act 2016; engineered fill in rehabilitation of mining activities and/or quarries; construction, maintenance and installation of roads; or construction, maintenance and installation of railway infrastructure.||No||12 Apr 2019||29 Nov 2019|
|Paunch||Feedstock in an anaerobic biogas plant; or feedstock in the manufacturing of compost.||No||Open for public consultation||Open for public consultation|
|Abattoir effluent pond sludge and crust||Soil conditioner||No||4 Jul 2019||6 Dec 2019|
Bound applications limited to use in cementitious mixes; cement products; concrete products; asphalt or asphalt aggregate; as binder for road stabilisation; in rigid and composite pavements structures.
Unbound applications limited to use in abrasive blasting; engineered and structural fill; base course, sub-base and subgrade; filter aggregate; pipe bedding material; sealing aggregate; subsoil and subsurface drainage.
|No||15 April 2019||29 Nov 2019|
|Used vegetable oil||Use as a livestock feed additive||No||18 June 2019||6 Dec 2019|
|ACQ treated timber shavings||Feedstock in compost and mulch manufacturing||No||25 June 2019||6 Dec 2019|
*Please note that in the event of any changes to the proposed date for completion following unforeseen circumstances, an update will be provided on this website accordingly.
Transitional arrangements for existing general beneficial use approvals
The following general BUAs have been replaced by an EOW code. If you were operating under one of these general BUAs before they were replaced by an EOW code, you may continue to operate under the conditions of the general BUA for one (1) year after the date they were replaced.
End of waste approvals
EOW approvals are primarily intended to be used when there is a potential market / demand for a resource and an EOW code for that resource has not been developed. EOW approvals are considered on a trial basis for reusing waste as resources and to apply to a single holder for the purpose of the trial. The EOW approval will be issued only for the length of time required to undertake the trial, with only one extension to the approval period being granted if required.
The department will consider the findings of the trial (e.g. benefits, sustainability, environmental impacts and environmental best practice) prior to deciding whether an EOW code should be developed for that waste type.
Applicants are encouraged to participate in a pre-design/pre-lodgement meeting with the department to help identify whether an application for an EOW approval should be submitted, and if so, what information to submit with the application, identify any issues relevant to a specific project, and to receive guidance on regulatory expectations. These meetings are free of charge and may assist in reducing assessment timeframes. To request a pre-design/pre-lodgement meeting, please complete and return the form Application for a pre-design/pre-lodgement meeting—ESR/2015/1664 (formerly EM1125) .
All applications must include the Part A and Part B forms below. In addition, applications for a new EOW approval or an amendment to an existing EOW approval will require a report by a suitably qualified person as per the format below to support the application:
- Part A—General details for all applications—ESR/2015/1663 (formerly EM1124)
- Part B—End of waste approval—ESR/2016/3279
- Suitably qualified person written report—ESR/2016/3290
Transitional arrangements for existing specific BUAs
Existing specific BUAs can continue to be used for the uses specified under the approval until the end of the approval period for the BUA.
Review of decision
If you have been affected by a decision in relation to an EOW approval, you may have review rights. Sections 174–179 of the Waste Reduction and Recycling Act 2011 detail the internal review process. An internal review must be requested prior to pursuing a review from other external parties. If you are eligible to request an internal review and you would like to have the decision reviewed, please complete and return the form Application for an internal review—ESR/2015/1633 (formerly EM1339) .
Permits and Licensing
Ph: 1300 130 372 (Option 4)
Fax: (07) 3330 5875