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The Environmental Protection Amendment Regulations 2018 were gazetted in April 2018. The amendments provide clarity around the use of clean fill in development, including waste levy liability under the Waste Avoidance and Resource Recovery Levy Act 2007 and licensing under the Environmental Protection Act 1986.

The amendments were supported by the publication of the Landfill Waste Classification and Waste Definitions 1996 (amended 2018) (Waste Definitions) which included thresholds for uncontaminated fill. The Department intends to complete a technical review of the thresholds by April 2019. The review will be undertaken in consultation with industry stakeholders and will be overseen by independent national experts.

The Department welcomes submissions from industry representatives to support the review process. Further information, including guidance on how to make a submission is provided in the consultation paper.

A major component of the review is expected to be the modification of thresholds based on the analysis of a more comprehensive dataset for ambient background concentrations than that available before the Waste Definitions were published. Stakeholders are encouraged to submit available data to the Department that is representative of typical ambient background conditions on the Swan Coastal Plain. Specific information, including minimum requirements for data submission, is provided in the consultation paper.  

How to make a submission

A written submission can be lodged by email (preferred, essential for data submissions) to: This email address is being protected from spambots. You need JavaScript enabled to view it.

Hard copies can be mailed to:

Senior Manager – Contaminated Sites
Department of Water and Environmental Regulation
Locked Bag 33

Consultation duration

7 November 2018 to 18 January 2019

All submissions must be received by 5pm (WST) 18 January 2019