Skip links and keyboard navigation

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 is scheduled to commence on 4 February 2019. It introduces new risk-based regulated waste classification categories that enable waste to 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.

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
23 November 2018