On the 17th October 2014, the Protection of the Environment Operations (Waste) Regulation 2014 (PoEOWR) was published, coming into effect retrospectively on the 1st November 2014.

This new Regulation focuses on a range of measures to strengthen environmental controls, ensure a level playing field for industry and breaks the business model of rogue operators in NSW. However, this focus also required changes to the existing Coal Ash Exemption for coal combustion products (CCPs) used in NSW.

On the release of the PoEOWR, the Association has been involved in consultation, review and comment on the re-draft of the resource recovery exemption which will replace the existing framework. Due to restrictive deadlines, consultation time was limited.

Under the re-draft of the exemption, it will now be split into two separate documents: a Coal Ash Order and a Coal Ash Exemption. The Order establishes the conditions for the Supply by the Generator or Processor of CCPs whilst the Exemption is held by the user/consumer who buys and uses CCPs.

From the Association’s point-of-view, we understand that these documents work in the same manner with the intent being that they have been separated out of legal necessity to align with the recently gazetted PoEOWR terminology.

Overall, the ADAA is satisfied that the revised documents reflect the key elements of the previous Exemption, whilst complying with the EPA legal drafting requirements.

The EPA has issued two separate documents, a Resource Recovery Order and a Resource Recovery Exemption to replace the current general exemption: http://www.epa.nsw.gov.au/resources/waste