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New Regulated Waste Classification and Waste-related Environmentally Relevant Activity (ERA) Regulations

The Regulated Waste Classification and Waste-related Environmentally Relevant Activity (ERA) regulations are used to identify and appropriately manage the risks associated with various wastes and associated waste management activities.

A review of the existing regulations was undertaken to develop a new, contemporary risk-based approach and ensure they reflect current waste management standards, practices and technologies.

Following the review, the following regulations were made, which amend the existing Environmental Protection Regulation 2008:

Environmental Protection (Regulated Waste) Amendment Regulation 2018

The Environmental Protection (Regulated Waste) Amendment Regulation 2018 commenced on 4 February 2019. This amendment introduced a new risk-based waste classification framework and regulated waste will now be classified as either:

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

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

  • adopting a default waste category from a fixed list; or
  • undertaking sampling and testing of their waste to demonstrate an appropriate risk-based category.

The Environmental Protection Regulation 2008 incorporating the amendments can be accessed from the Queensland legislation website.

Environmental Protection (Waste ERA Framework) Amendment Regulation 2018

The Environmental Protection (Waste ERA Framework) Amendment Regulation 2018 introduces a new schedule of waste-related ERAs. These are:

  • ERA53 Organic material processing
  • ERA54 Mechanical waste reprocessing
  • ERA55 Other waste reprocessing or treatment
  • ERA57 Regulated waste transport
  • ERA60 Waste disposal
  • ERA61 Thermal waste reprocessing and treatment
  • ERA62 Resource recovery and transfer facility operation.

The waste ERA framework is scheduled to commence in 2 phases:

Phase 1 commenced on 22 November 2018 and includes:

  • new ERA 60 (waste disposal) regulations for facilities that:
    • dispose of inert-waste (other than clean earth)
    • no longer accept waste for the purpose of disposal and that are undergoing rehabilitation
  • new ERA53 (organic material processing) regulations that includes:
    • new licensing requirements for facilities that operate an anaerobic digester
    • exemptions to exclude certain on-farm composting activities from requiring an ERA
  • new regulations that will require sites that store greater than 4 tonnes or 500 equivalent passenger units of end-of-life (waste) tyres to obtain an ERA approval.

Phase 2 is scheduled to commence on 1 July 2019. This phase will introduce the remaining waste-related ERAs.

Further Information

A detailed summary of the consultation process and the new regulations is provided in the following Decision Regulatory Impact Statement (PDF, 2.9M).

For further information email .

Last updated
7 February 2019