Waste compliance answered
Common questions about the National Environmental Management: Waste Act (NEM:WA), what the law requires, and what to do next.
Start with your situation
Waste Management Licences
Whether your activity needs a WML, and what to do if you already have one.
Do I need a Waste Management Licence?
Legal requirement
Certain listed waste management activities under NEM:WA may only be undertaken if a Waste Management Licence (WML) has been obtained.
What should I do?
Have the proposed activity, waste type, capacity and location screened against the applicable Waste Management Activities List before the activity commences.
I want to start a recycling facility. Do I need a licence?
Legal requirement
The recycling, processing, storage or treatment of waste may constitute a listed waste management activity, depending on the type and scale of the activity.
What should I do?
Determine what type of waste will be accepted, the quantities that will be handled and the processes that will be used. Have the facility screened against the applicable NEM:WA activities and thresholds.
I want to develop a landfill. Do I need a licence?
Legal requirement
The development and operation of a waste disposal facility may constitute a listed waste management activity requiring a Waste Management Licence.
What should I do?
Screen the proposed location, waste types, capacity, design and operating method before commencing construction or earthworks.
I want to expand my existing waste facility. Do I need a new licence?
Legal requirement
An existing Waste Management Licence does not automatically cover an expanded or modified activity.
What should I do?
Compare the existing licence conditions and authorised activities with the proposed expansion. An amendment or new authorisation may be required.
I already have a Waste Management Licence. What should I do?
Legal requirement
The conditions of a Waste Management Licence are binding, and the licence holder must operate within the scope and conditions of the licence.
What should I do?
Maintain a licence conditions register, monitor compliance with all conditions and keep the required records and reports up to date.
I am not sure whether my activity requires a Waste Management Licence.
Legal requirement
The need for a Waste Management Licence depends on the nature of the waste management activity, the type and quantity of waste, and the applicable listed activities and thresholds.
What should I do?
Provide details of the waste, quantities, storage, treatment, recycling and disposal activities. ENVASS can undertake a NEM:WA waste applicability screening to determine whether an authorisation or further assessment is required.
Not sure where your activity falls? We'll screen it against the NEM:WA thresholds.
Request a screeningClassification and hazardous waste
How to tell what your waste is, and how to handle chemicals, sludge and contaminated soil.
Do I need to classify my waste?
Legal requirement
Certain waste must be classified in accordance with the Waste Classification and Management Regulations to determine how it must be managed and disposed of.
What should I do?
Identify all waste streams generated by your activity and determine whether they are subject to the waste classification requirements. Have the waste classified where required.
Is my waste hazardous?
Legal requirement
Whether waste is hazardous must be determined in accordance with the applicable classification requirements or prescribed waste categories.
What should I do?
Provide information on the process that generates the waste, the raw materials and chemicals used, as well as any available Safety Data Sheets (SDSs) and laboratory results. Have the waste formally assessed and classified where necessary.
I generate hazardous waste. What should I do with it?
Legal requirement
Hazardous waste must be managed in a manner that prevents or minimises risks to human health and the environment.
What should I do?
Identify and classify the waste where required, store it appropriately, use an appropriately authorised waste management facility and retain records of its collection and disposal.
I have empty chemical containers. Are they waste?
Legal requirement
Empty chemical containers may still contain residues and may therefore be subject to specific waste management requirements.
What should I do?
Identify the original product and assess the containers and any remaining residues before treating them as general waste.
I generate sludge. How should I manage it?
Legal requirement
The appropriate management of sludge depends on factors including its source, composition and characteristics.
What should I do?
Identify the source of the sludge and, where necessary, have it classified and analysed to determine the appropriate treatment, reuse or disposal method.
I have contaminated soil on my property. Is it waste?
Legal requirement
Contaminated soil may, depending on the circumstances, be subject to waste management and other environmental requirements.
What should I do?
Identify the source and nature of the contamination, undertake appropriate sampling and have the site and material assessed by a suitably qualified environmental professional.
Have SDSs or lab results? Send them through and we'll advise on classification.
Get classification adviceWaste on your property
Storing, burying, burning or dealing with a waste pile on site.
Can I store waste on my property?
Legal requirement
The storage of waste may constitute a listed waste management activity under certain circumstances. The type and quantity of waste stored are important considerations.
What should I do?
Determine the maximum quantity of waste that will be stored at any one time and distinguish between hazardous and non-hazardous waste. Have the storage activity screened against the applicable thresholds.
Can I bury waste on my property?
Legal requirement
Waste may not simply be dumped or buried on a property unless the disposal is authorised by law, subject to limited statutory exceptions. Certain waste disposal activities require a Waste Management Licence.
What should I do?
Identify the type and quantity of waste and determine whether the proposed disposal method is permitted under NEM:WA before disposing of the waste.
Can I burn waste on my property?
Legal requirement
The burning of waste may constitute a waste management activity and may also trigger air quality requirements.
What should I do?
Do not burn waste until the waste type, quantity, method of burning and applicable waste and air quality requirements have been assessed and any required approvals obtained.
I have a waste pile on my property. What should I do?
Legal requirement
The unlawful dumping or improper storage of waste may result in environmental pollution and enforcement action.
What should I do?
Identify the waste, separate hazardous waste where necessary and determine the appropriate disposal or recycling route. Keep records confirming the final destination of the waste.
Storing or disposing of waste on site? Check the thresholds before you start.
Request a screeningTransport and landfill
Getting waste off site safely, and what to do when a landfill says no.
I want to transport waste from my business to a landfill.
Legal requirement
Waste must be transported and handled in a manner that prevents or minimises pollution and risks to human health and the environment.
What should I do?
Use an appropriate waste management service and confirm that the receiving facility is authorised and able to accept the specific waste. Keep waste disposal records and proof of receipt.
The landfill will not accept my waste. Why?
Legal requirement
Landfill facilities have specific waste acceptance requirements based on factors such as the type and classification of the waste.
What should I do?
Obtain the landfill's waste acceptance requirements and have the waste classified and/or analysed where necessary. An alternative waste management option may be required.
I have used oil. How should I dispose of it?
Legal requirement
Used oil must be managed in accordance with applicable waste management requirements and must not be disposed of in a manner likely to cause pollution or harm to health and wellbeing.
What should I do?
Store used oil in suitable containers within an appropriate controlled area and use an appropriate waste management service for recovery or disposal. Do not discharge it into soil, stormwater systems or sewer systems.
Reuse and recycling
When a material you reuse or pass on is still legally waste.
Can I reuse my waste?
Legal requirement
Describing a material as being "reused" does not automatically mean that it falls outside the scope of waste legislation. The status and intended use of the material must be considered.
What should I do?
Provide details of the material, where it originates, the quantity generated and how it will be reused. Have the proposed reuse assessed against the applicable legal requirements.
Can I give my waste to another business for reuse?
Legal requirement
Transferring a material to another party does not automatically mean that it is no longer considered waste.
What should I do?
Confirm the status of the material, its intended use and how it will be transferred and managed before providing it to another party.
Records and waste plans
What to document, and when you need a formal plan.
Do I need to keep records of the waste I dispose of?
Legal requirement
Waste management records must be kept where required by the applicable legislation or authorisation conditions to demonstrate that waste is being appropriately managed and disposed of.
What should I do?
Maintain a waste register recording the waste type, quantities, date of removal, transporter, receiving facility and proof of receipt where applicable.
Do I need a Waste Management Plan?
Legal requirement
The need for a Waste Management Plan depends on the nature and scale of the activity and the applicable legal requirements or conditions of an authorisation.
What should I do?
Assess the waste streams, quantities, storage, transportation, treatment, recycling and disposal associated with the activity to determine whether a formal Waste Management Plan is required.
What should I do next?
Identify all waste streams generated by your activity.
Determine the quantities generated and how each waste stream is currently managed.
Gather any existing waste classification reports, laboratory results and SDSs.
Determine whether your activity falls within the Waste Management Activities List.
If you are unsure, request an ENVASS NEM:WA waste applicability screening.
Do not commence a new waste management activity or expand an existing activity until the applicable authorisation requirements have been confirmed and any required authorisations obtained.