Environment Management Act 2005 and Waste Disposal and Recycling Regulation 2007

The Environment Management Act 2005 establishes a waste and pollution permit system that aims to protect the environment by controlling the release of solid and liquid wastes, the emission of polluting gases, smoke and dust, and the handling, storage and disposal of waste and hazardous substances.

The Regulations gives the Waste and Pollution Control Administrator power to issue permits.

Permit System

Who is required to obtain a waste disposal and recycling permit?

The waste disposal and recycling permit system applies to ‘commercial and industrial facilities’.

The Act defines a ‘commercial or industrial facility’ as:

(a) A person (including Government) who engages in:

• Providing services; or
• Manufacturing, production, processing, transportation, storage and packaging, mining, quarrying, sand extraction, coral mining, tourism, commerce, the preparation or processing of any agricultural produce or food or any other activity undertaken for financial gain,
  Include any such services or activity conducted at or in residential premises;
• the place, land or premises on, at or from which the activities mentioned in paragraph (a) are carried on.

Any individual, company or government agency that provides services or undertaken any activity for financial gain is a commercial or industrial facility. This broad definition means that many individuals, companies and government agencies may need to apply for a waste disposal permit.

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