Regulated waste classification

The Environmental Protection Regulation 2019 (the Regulation) includes a risk-based waste classification framework where regulated waste is classified as either:

  • category 1 regulated waste (highest risk)
  • category 2 regulated waste (moderate risk)
  • not-regulated waste/general waste (lowest risk).

The regulated waste classification provisions in the Regulation are used to identify and appropriately manage the risks associated with various wastes and related waste management activities.

Schedule 9 of the Regulation provides a list of regulated wastes and their default category, wastes that are not regulated waste, and categorisation thresholds for solid and liquid tested waste.

Waste generators are responsible for classifying their waste into a risk-based category by either:

Where an appropriate risk-based category is demonstrated in accordance with section 43 of the Regulation, the waste is referred to as 'tested waste'. While the test results remain valid (maximum of 3 months) the waste can be transported and processed or disposed of under the Regulation as the category of waste it became through the testing process. The waste generator and waste receiver must record prescribed information for each load of tested waste using the record of tested waste form (ESR/2019/4862) (DOCX, 118KB).

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