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The Waste Levy – Love it or hate it, it’s here, so (how) is it working in practice?. The Contaminated Soil Perspective. Introduction Robin Wagland of MACH1 Environmental Pty Ltd is a DERM appointed Third Party Reviewer (TPR) for Contaminated Land Assessment.
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The Waste Levy – Love it or hate it, it’s here, so (how) is it working in practice? The Contaminated Soil Perspective
Introduction • Robin Wagland of MACH1 Environmental Pty Ltd is a DERM appointed Third Party Reviewer (TPR) for Contaminated Land Assessment. • > 20 years experience in Contaminated Land and Remediation in Australia, UK and Worldwide. • TPR for 6 years and has certified over 100 contaminated sites.
How the Wast Levy applies to Contaminated Soil • The Waste Levy only applies to soil deemed as contaminated by a hazardous contaminant as defined under the Environmental Protection Act 1994. • The Waste Levy covers all soil disposed to landfill including unlined/lined/monocell/ASS. • The Waste Levy does not apply to Exempt Waste.
Exemptions for Contaminated Soil • Exempt waste definitions are covered in the Waste Reduction and Recycling Act 2011 and can include contaminated soil. • Contaminated soil is exempt if: • It can be shown to have been contaminated before 1st January 1992. • It contains waste removed from a landfill cell that is to be delivered to a waste disposal site as part of a “significant community project”.
Further Requirements to Satisfy Exemption Waste Criteria • Contaminated soil is not only contaminated with hydrocarbons. • The contaminated soil cannot be reasonably treated by bioremediation and reused on-site. • The above is to ensure the waste hierarchy of on-site reuse and recycling is met.
Waste Levy Exemption Form • Requires details such as - applicant - site details - disposal site - quantity of waste - type - contamination details - analysis - site history
Waste Levy Exemption Form • First requires Soil Disposal Permit Approval from DERM Contaminated Land Unit. • Requires payment fee of $154.50
Pros and Cons of Waste Levy for Contaminated Soil • Pros - Encourages on-site recycling/reuse including innovative soil treatment, reducing soil to landfill and promoting sustainable practises. - Exemption promotes/allows developers to still remediate sites with historical contamination. - Provides funding for waste recycling, reuse and treatment schemes and research. - Funds better regulatory services including prevention of illegal dumping. - Brings Queensland in line with National Policies.
Cons - Applications take time. - Often applications need Consultancy fees. - Applications have a fee attached ($154.20). - Requires sampling of soils which takes time and money. - Needs site history which is sometimes hard to demonstrate contamination is pre 1992. - Red tape (Paperwork issues/perception).
How is it working in practise? • Data limited as DERM unavailable for discussion, comment or provision of information. • It is thought since the 1st December 2011 less than a dozen Exempt Waste Applications have been submitted/approved (but this has not been confirmed). • Those that have used the forms have found them easy but time consuming. • Too early to understand/see the benefits of any knock on effects on innovative soil treatments/management of sites.
Where to from here? • Possibly back to the drawing board depending on future government changes. • New governments have different policies and recent statements made by LNP have suggested the Waste Levy will be scrapped. • 100 day plan – who knows? • How easy and quick is it to repeal an Act?
Alternative Title The waste Levy – Love it or hate it, it’s going to be a thing of the past, so what is it to be replaced with?