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ENVIRONMENT PROTECTION ACT 1993 - SCHEDULE 1

Schedule 1—Prescribed activities of environmental significance

Part AA—Interpretation

A1—Interpretation

        (1)         In this Schedule, unless the contrary intention appears—

community wastewater management system or CWMS means a system for the collection and management of wastewater generated in a town, regional area or other community;

contaminated stormwater has the same meaning as in the Environment Protection (Water Quality) Policy 2015 ;

domestic waste means waste produced in the course of a domestic activity;

e-waste means waste comprised of electrical or electronic equipment;

human wastewater means human waste either alone or in combination with water;

liquid waste means waste classified as liquid waste in accordance with the assessment process set out in the guideline Liquid waste classification test , re-issued by the Authority in September 2003;

listed waste means a substance or thing listed in Part B of this Schedule;

medical practice includes the practice of pathology and the operation of an immunisation clinic;

medical sharps means needles, syringes with needles, surgical instruments or any other articles or devices that have been discarded in the course of medical, dental or veterinary practice or research and have sharp edges, protuberances or points capable of causing a penetrating injury to a person who comes into contact with them;

medical waste means—

            (a)         medical sharps; or

            (b)         human tissue, bone, organ, body part or foetus; or

            (c)         a vessel, bag or tube containing a liquid body substance; or

            (d)         an animal carcass discarded in the course of veterinary or medical practice or research; or

            (e)         a specimen or culture discarded in the course of medical, dental or veterinary practice or research and any material that has come into contact with such a specimen or culture; or

            (f)         any other article or matter that is discarded in the course of medical, dental or veterinary practice or research and that poses a significant risk to the health of a person who comes into contact with it;

on-site , in relation to the storage or disposal of waste or other matter—see subclause (3)(a);

prescribed factors —see subclause (3)(b);

prescribed approved activity —each of the following is a prescribed approved activity:

            (a)         the on-site storage or disposal of domestic waste;

            (b)         a regulated beverage container activity;

            (c)         a regulated drop-off station for e-waste;

            (d)         the temporary on-site storage of waste (other than tyre waste) while awaiting transport to another place;

            (e)         the conduct of a depot, works or facility—

                  (i)         for the disposal by incineration (by way of thermal oxidation using fuel burning equipment) of solid trade waste; and

                  (ii)         that has a processing capacity not exceeding 100 kilograms per hour;

            (f)         the storage or disposal of tyre waste in a manner approved by the Authority;

            (g)         the disposal of human wastewater or sewage to land in a manner approved by the Authority;

quarantine waste means waste that is subject to quarantine under the Quarantine Act 1908 of the Commonwealth;

regulated beverage container activity —see subclause (2);

regulated drop-off station for e-waste means a depot, facility or works for the reception of e-waste conducted at a particular location on an occasional basis (not exceeding a total of 30 days during a 12 month period) by a council or other public authority or under a co-regulatory arrangement (within the meaning of the Product Stewardship Act 2011 of the Commonwealth);

tyre waste means waste or other matter comprised of tyres or tyre pieces;

waste has the same meaning as in section 4, and includes wastewater;

wastewater means waste principally consisting of water and includes—

            (a)         human wastewater;

            (b)         sewage;

            (c)         water containing food or beverage waste;

            (d)         wash down water or cooling water;

            (e)         irrigation runoff or contaminated stormwater;

            (f)         water containing any other trade waste or industrial waste;

            (g)         any other water that has been used in any form of human activity;

            (h)         a combination of any of the above.

        (2)         For the purposes of this Schedule, each of the following is a regulated beverage container activity:

            (a)         the collection and handling of beverage containers by the holder of an approval to operate a collection depot under section 69;

            (b)         the collection, handling and delivery for reuse, recycling or other disposal of beverage containers by the holder of an approval to carry on business as a super collector under section 69;

            (c)         the handling for charitable or non-profit purposes only of beverage containers bearing an approved refund marking under Part 8 Division 2.

        (3)         For the purposes of this Schedule, unless the contrary intention appears—

            (a)         a reference to the on-site storage or disposal of waste or other matter is a reference to the storage or disposal of the waste or matter at the place at which the waste or matter was generated; and

            (b)         a reference to the prescribed factors, in relation to an activity, is a reference to—

                  (i)         the nature and purpose of the activity; and

                  (ii)         the location of the activity; and

                  (iii)         the scale and duration of the activity; and

                  (iv)         the nature and amount of any waste or pollution produced by the activity; and

                  (v)         the manner of conduct of the activity; and

                  (vi)         any other factors considered relevant by the Authority.

Part A—Activities

A2—Interpretation— waste depot

For the purposes of section 113(6), a waste depot means any depot, facility or works of a kind referred to in clause 3 of this Part at which waste is received.

1—Petroleum and Chemical

        (1)         Chemical Storage and Warehousing Facilities

the storage or warehousing of chemicals or chemical products that are, or are to be, stored or kept in bulk or in containers having a capacity exceeding 200 litres at facilities with a total storage capacity exceeding 1 000 cubic metres.

        (2)         Chemical Works

the conduct of—

            (a)         works with a total processing capacity exceeding 100 tonnes per year involving either or both of the following operations:

                  (i)         manufacture (through chemical reaction) of any inorganic chemical, including sulphuric acid, inorganic fertilisers, soap, sodium silicate, lime or other calcium compound;

                  (ii)         manufacture (through chemical reaction) or processing of any organic chemical or chemical product or petrochemical, including the separation of such materials into different products by distillation or other means; or

            (b)         works with a total processing capacity exceeding 5 000 tonnes per year involving operations for salt production; or

            (c)         works for the production of hydrogen with a production capacity of more than 100 tonnes per year.

        (3)         Coke Works

the production, quenching, cutting, crushing and grading of coke.

        (5)         Hydrocarbon storage or production works

the conduct of works or a facility—

            (a)         for the storage of hydrocarbon or hydrocarbon products in tanks that, in aggregate, have a storage capacity of more than 2 000 cubic metres; or

            (b)         for the production of hydrocarbon or hydrocarbon products, being works with a production capacity of more than 20 tonnes per hour.

        (5a)         Petrol stations

the conduct of a petrol station, being a facility for the storage and retail sale of petroleum products or other liquid organic chemical substances.

In this subclause—

petroleum product has the same meaning as in the Petroleum Products Regulation Act 1995 .

        (6)         Timber preservation works

the conduct of works for the preservation of timber by chemicals, but excluding the preservation by a primary producer of timber for use in the course of primary production carried on by the producer.

2—Manufacturing and Mineral Processing

        (1)         Abrasive Blasting

the cleaning of materials by the abrasive action of any metal shot or mineral particulate propelled in a gaseous or liquid medium (otherwise than solely by using blast cleaning cabinets less than 5 cubic metres in volume or totally enclosed automatic blast cleaning units).

        (2)         Hot Mix Asphalt Preparation

the conduct of works at which crushed or ground rock aggregates are mixed with bituminous or asphaltic materials (by heating in a furnace, kiln or other fuel fired plant) for the purposes of producing road building mixtures.

        (3)         Cement Works

the conduct of works for the use of argillaceous and calcareous materials in the production of cement clinker or the grinding of cement clinker.

        (4)         Ceramic Works

the conduct of works for the production of any products such as bricks, tiles, pipes, pottery goods, refractories, or glass that are manufactured or are capable of being manufactured in furnaces or kilns fired by any fuel, being works with a total capacity for the production of such products exceeding 100 tonnes per year.

        (5)         Concrete Batching Works

the conduct of works for the production of concrete or concrete products that are manufactured or are capable of being manufactured by the mixing of cement, sand, rock, aggregate or other similar materials, being works with a total capacity for production of such products exceeding 0.5 cubic metres per production cycle.

        (6)         Drum reconditioning or treatment works

the conduct of works for the cleaning, repairing, reconditioning or other treatment of metal or plastic drums or containers for the purposes of their reuse, including any associated storage facility.

        (7)         Ferrous and Non-ferrous Metal Melting

the melting of ferrous or non-ferrous metal in a furnace or furnaces that alone or in aggregate have the capacity to melt in excess of 500 kilograms of metal during the normal cycle of operation.

        (8)         Metallurgical Works

the conduct of works at which ores are smelted or reduced to produce metal.

        (9)         Mineral Works

the conduct of works for processing mineral ores, sands or earths to produce mineral concentrates.

        (10)         Pulp or Paper Works

the conduct of works at which paper pulp or paper is manufactured or is capable of being manufactured, being works with a total capacity for production of such products exceeding 100 tonnes per year.

        (12)         Surface Coating

the conduct of—

            (a)         works for metal finishing, in which metal surfaces are prepared or finished by means of electroplating, electrolyse plating, anodising (chromating, phosphating and colouring), chemical etching or milling, or printed circuit board manufacture, being works producing more than 5 kilolitres per day of effluent; or

            (b)         works for hot dip galvanising; or

            (c)         works for spray painting or powder coating with a capacity to use more than 100 litres per day of paint or 10 kilograms per day of dry powder.

        (13)         Timber Processing Works

the conduct of works (other than works at a builders supply yard or a home improvement centre) at which timber is sawn, cut, chipped, compressed, milled or machined, being works with a total processing capacity exceeding 4 000 cubic metres per year.

        (14)         Maritime Construction Works

the conduct of works for the construction or repair of ships, vessels or floating platforms or structures, being works with the capacity to construct or repair ships, vessels or floating platforms or structures of a mass exceeding 80 tonnes.

        (15)         Vehicle Production

the conduct of works for the production of motor vehicles, being works with a production capacity exceeding 2 000 motor vehicles per year.

3—Resource recovery, waste disposal and related activities

        (1)         Waste recovery

the conduct of a waste recovery facility , being a depot, facility or works (including, but not limited to, a transfer station or material recovery facility) that, during a 12 month period, receives for preliminary treatment, or has the capacity for the preliminary treatment of—

            (a)         more than 100 tonnes of solid waste or matter; or

            (b)         more than 100 kilolitres of liquid waste or matter,

prior to its transfer elsewhere for lawful reuse, further treatment or disposal, but excluding a prescribed approved activity or an activity in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified.

In this subclause—

preliminary treatment , of waste or matter, includes sorting, aggregating, compacting, baling or packaging the waste or matter.

        (2)         Waste reprocessing

the conduct of—

            (a)         composting works , being a depot, facility or works with the capacity to treat, during a 12 month period—

                  (i)         in the case of works located wholly or partly within a water protection area—more than 200 tonnes of organic waste or matter; or

                  (ii)         in the case of works located wholly outside of a water protection area—more than 1 000 tonnes of organic waste or matter,

for the production of compost; or

            (b)         scrap metal treatment works , being a depot, facility or works for the treatment of scrap metal (by processes involving electrically heated furnaces or other fuel burning equipment or by mechanical processes); or

            (c)         tyre waste treatment works , being a depot, facility or works with the capacity to treat more than 5 tonnes of tyre waste during a 12 month period; or

            (d)         waste lead acid battery treatment works , being a depot, facility or works with the capacity to treat more than 500 waste lead acid batteries during a 12 month period; or

            (e)         any other waste reprocessing facility , being a depot, works or facility other than a depot, facility or works specified in a preceding paragraph) that, during a 12 month period, receives or has the capacity to treat—

                  (i)         more than 100 tonnes of solid waste or matter; or

                  (ii)         more than 100 kilolitres of liquid waste or matter,

for the production of energy or materials that are ready for use (without requiring further treatment),

but excluding a prescribed approved activity or an activity in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified.

        (3)         Waste disposal

the conduct of—

            (a)         a landfill depot , being a depot, facility or works for the disposal of waste to land; or

            (b)         a liquid waste depot , being a depot, facility or works for the reception and disposal of liquid waste, or the reception, treatment and disposal of liquid waste; or

            (c)         an incineration depot , being a depot, facility or works for the disposal, by incineration, pyrolysis or gasification by high temperature chemical decomposition, or thermal oxidation using fuel burning equipment, of solid waste, a listed waste or quarantine waste,

but excluding a prescribed approved activity or an activity in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified.

        (4)         Wastewater treatment

the conduct of wastewater treatment works , being sewage treatment works, a CWMS, winery wastewater treatment works or any other wastewater treatment works with the capacity to treat, during a 12 month period—

            (a)         in the case of works located wholly or partly within a water protection area—more than 5 megalitres of wastewater; or

            (b)         in the case of works located wholly outside of a water protection area—more than 50 megalitres of wastewater.

        (5)         Activities involving listed wastes

            (a)         an activity producing listed waste —the conduct of an activity in which a listed waste is produced as waste or becomes waste, but excluding the following:

                  (i)         a domestic activity;

                  (ii)         retail pharmacy;

                  (iii)         medical practice (other than the practice of pathology);

                  (iv)         nursing practice;

                  (v)         dental practice;

                  (vi)         veterinary practice;

                  (vii)         the conduct of a nursing home or other residential aged care facility;

                  (viii)         the conduct of an immunisation clinic;

                  (ix)         the conduct of a hospital with capacity of fewer than 40 beds;

                  (x)         a prescribed industrial activity;

                  (xi)         an activity in which the waste produced is lawfully disposed of to a sewer;

                  (xii)         an activity in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified;

            (b)         reception or storage of listed waste —the conduct of a depot, facility or works for the reception or storage of a listed waste, but excluding the following:

                  (i)         the temporary on-site storage of such waste while awaiting transport to another place;

                  (ii)         an activity consisting only of storing or distributing goods, in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified;

                  (iii)         the reception or storage by a council or hospital of medical waste produced in the course of a prescribed medical activity;

                  (iv)         the reception or storage by a retail pharmacy of personal sharps waste, pharmaceutical waste or other medical waste, in connection with a return system for such waste;

            (c)         treatment of listed waste —the conduct of a depot, facility or works for the treatment of a listed waste, or wastewater containing a listed waste, by immobilising, stabilising or sterilising the waste by any process (before its further treatment or disposal), but excluding an activity in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified.

In this subclause—

personal sharps waste means medical sharps that have been used in a domestic situation for medical purposes;

pharmaceutical waste means waste comprised of medicines or other pharmaceutical products;

prescribed industrial activity —each of the following is a prescribed industrial activity:

            (a)         building work;

            (b)         carpentry or joinery;

            (c)         film processing;

            (d)         plumbing or gas fitting;

            (e)         dry cleaning;

            (f)         primary or secondary school education;

            (g)         agriculture or horticulture;

            (h)         french polishing;

                  (i)         manufacturing jewellery;

            (j)         painting or decorating;

            (k)         panel beating and associated spray painting;

            (l)         an activity that results in the production of less than 50 000 litres of waste oil per year;

            (m)         an activity authorised by a lease or licence under the Mining Act 1971 , the Petroleum and Geothermal Energy Act 2000 or the Roxby Downs (Indenture Ratification) Act 1982 where the waste is lawfully disposed of to land and contained within the area of the lease or licence;

            (n)         an activity authorised by a lease under the Mining Act 1971 where the waste is lawfully disposed of to land and contained within the area of a miscellaneous purposes licence under that Act adjacent to the area of the lease;

prescribed medical activity —each of the following is a prescribed medical activity:

            (a)         medical practice other than—

                  (i)         medical practice at a hospital; or

                  (ii)         the practice of pathology;

            (b)         nursing practice other than at a hospital;

            (c)         dental practice other than at a hospital;

            (d)         operating a nursing home;

            (e)         veterinary practice;

            (f)         operating a hospital with a capacity of less than 40 beds;

            (g)         operating an immunisation clinic.

        (6)         Waste transport

the conduct of—

            (a)         a waste transport business (category A) , being the collection or transport for fee or reward of—

                  (i)         a listed waste; or

                  (ii)         liquid waste (not being such waste lawfully disposed of to a sewer) arising from any commercial or industrial premises or from any teaching or research institution; or

            (b)         a waste transport business (category B) , being the collection or transport for fee or reward of—

                  (i)         waste from domestic premises where the waste is collected or transported for or on behalf of a council; or

                  (ii)         solid waste from any commercial or industrial premises or from any teaching or research institution (other than building or demolition waste); or

                  (iii)         human wastewater from a CWMS or a septic tank or other on-site wastewater system; or

                  (iv)         waste soil containing a listed waste in a concentration above that naturally occurring in soil in the area,

but excluding an activity in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified.

4—Activities in Specified Areas

        (1)         Brukunga Mine Site

the management of the abandoned Brukunga mine site and associated acid neutralisation plant situated adjacent to Dawesley Creek in the Mount Lofty Ranges.

        (2)         Discharge of Stormwater to Underground Aquifers

discharge of stormwater from a catchment area exceeding 1 hectare to an underground aquifer by way of a well or other direct means where the stormwater drains to the aquifer from—

            (a)         land or premises on which a business is carried on in the council area of the City of Mount Gambier; or

            (b)         a stormwater drainage system in the council area of the City of Mount Gambier; or

            (c)         a stormwater drainage system in Metropolitan Adelaide as defined in the Development Act 1993 (being Metropolitan Adelaide as applying under Schedule 8 of the Planning, Development and Infrastructure Act 2016 ).

5—Animal Husbandry and Other Activities

        (1)         Cattle Feedlots

carrying on an operation for holding in a confined yard or area and feeding principally by mechanical means or by hand—

            (a)         not less than an average of 500 cattle per day over any period of 12 months; or

            (b)         where the yard or area is situated in a water protection area (as declared under Part 8 of this Act)—not less than an average of 200 cattle per day over any period of 12 months,

but not including any such operation carried on at an abattoir, slaughterhouse or saleyard or for the purpose only of drought or other emergency feeding.

        (3)         Saleyards

the commercial conduct of yards at which cattle, sheep or other animals are gathered or confined for the purpose of their sale, auction or exchange, including associated transport loading facilities, being yards with a throughput exceeding 50 000 sheep equivalent units per year [sheep equivalent units: 1 sheep or goat = 1 unit, 1 pig (< 40kg) = 1 unit, 1 pig (> 40kg) = 4 units, 1 cattle (< 40kg) = 3 units, 1 cattle (40—400kg) = 6 units, 1 cattle (> 400kg) = 8 units].

        (4)         Piggeries

the conduct of a piggery (being premises having confined or roofed structures for keeping pigs) with a capacity of—

            (a)         in the case of a piggery located wholly outside of a water protection area—6 500 or more standard pig units; or

            (b)         in the case of a piggery located wholly or partly within a water protection area—650 or more standard pig units.

In this subclause—

standard pig units is a unit of measurement of pigs determined—

            (a)         by reference to clause 4.3 of the National Environmental Guidelines for Piggeries 2010 (second edition (revised)) prepared by Australian Pork Limited; or

            (b)         in a manner approved by the Environment Protection Authority and published on a website determined by the Environment Protection Authority.

        (5)         Poultry Farms—broiler

the conduct of a broiler farm, being premises for the growing of poultry meat where the total area of the sheds or structures used to keep the poultry is 13 500 square metres or more.

In this subclause—

poultry means chicken, turkey, guinea fowl, duck, geese, pheasants, quail, squab (pigeons), muttonbirds or other avian species but does not include ratites.

6—Food Production and Animal and Plant Product Processing

        (1)         Meat processing works

the conduct of slaughtering works for commercial purposes for the production of meat or meat products for human or animal consumption, being—

            (a)         in the case of poultry or poultry meat products—works with a rate of production exceeding 200 tonnes per year; or

            (b)         in the case of any other animal meat or animal meat products—works with a rate of production exceeding 100 tonnes per year.

        (2)         Breweries

the conduct of works for the production of beer by infusion, boiling or fermentation, being works with a beer production capacity exceeding 5 000 litres per day.

        (4)         Fish Processing

the conduct of works for scaling, gilling, gutting, filleting or otherwise processing fish for sale, but excluding—

            (a)         works with a processing output of less than 100 tonnes per year where wastewater is disposed of to a sewer or CWMS; or

            (b)         works with a processing output of less than 2 tonnes per year where wastewater is disposed of otherwise than to a sewer or CWMS; or

            (c)         processing of fish only in the course of a business of selling fish by retail.

In this subclause—

fish has the same meaning as in the Fisheries Management Act 2007 ;

processing fish does not include freezing, chilling or packing the fish.

        (5)         Milk Processing Works

the conduct of works at which milk is separated, evaporated or otherwise processed for the manufacture of evaporated or condensed milk, cheese, butter, ice cream or other similar dairy products, being works at which milk is processed at a rate exceeding 5 000 000 litres per year.

        (6)         Produce Processing Works

the conduct of works for processing any agricultural crop material being—

            (a)         works for the processing of agricultural crop material by deep fat frying, roasting or drying through the application of heat with a processing capacity exceeding 30 kilograms per hour; or

            (b)         works at which more than 10 000 000 litres of wastewater is generated and disposed of otherwise than to a sewer or CWMS.

        (7)         Rendering or Fat Extraction Works

the conduct of works at which animal, fish or grease trap wastes or other matter is processed or is capable of being processed by rendering or extraction or by some other means to produce tallow or fat or their derivatives or proteinaceous matter, being works with a total processing capacity exceeding 250 kilograms per hour.

        (8)         Curing or Drying Works

the conduct of works at which meat, fish or other edible products are smoked, dried or cured by the application of heat or smoke with a total processing capacity exceeding 250 kilograms per hour.

        (9)         Tanneries or Fellmongeries

the conduct of works for the commercial preservation or treatment of animal skins or hides being works processing more than 5 tonnes of skins or hides per year, but excluding—

            (a)         the processing of skins or hides by primary producers in the course of primary production activities outside township areas; or

            (b)         the processing of skins or hides in the course of taxidermy.

        (10)         Woolscouring or Wool Carbonising Works

the conduct of works for the commercial cleaning or carbonising of wool, but excluding cleaning or carbonising of wool in the course of handicraft activities where the wool is further processed for sale by retail.

        (11)         Wineries or Distilleries

the conduct of works for the processing of grapes or other produce to make wine or spirits, but excluding—

            (a)         works that are outside the Mount Lofty Ranges Water Protection Area (as declared under Part 8 of this Act) at which 500 tonnes or less of grapes or other produce are processed per year; or

            (b)         works that are inside the Mount Lofty Ranges Water Protection Area (as declared under Part 8 of this Act) at which 50 tonnes or less of grapes or other produce are processed per year; or

            (c)         works for bottling only.

7—Materials Handling and Transportation

        (1)         Bulk Shipping Facilities

the conduct of facilities for bulk handling of agricultural crop products, rock, ores, minerals, petroleum products or chemicals to or from any wharf or wharf side facility (including sea-port grain terminals), being facilities handling or capable of handling these materials into or from vessels at a rate exceeding 100 tonnes per day.

        (2)         Railway Operations

the conduct of any of the following activities associated with a railway:

            (a)         the construction or operation of rail infrastructure; and

            (b)         the operation of rolling stock on a railway; and

            (c)         other activities conducted on railway land,

but excluding—

            (d)         any activities associated with—

                  (i)         a railway with a track gauge that is less than 600mm; or

                  (ii)         a railway in a mine which is underground or predominantly underground and used in connection with the performance of mining operations; or

                  (iii)         a slipway; or

                  (iv)         a crane-type runway; or

                  (v)         a railway used solely for the purposes of horse-drawn trams; or

                  (vi)         a railway used solely for the purposes of static displays; or

                  (vii)         a railway used as an amusement device under the Work Health and Safety Act 2012 ; or

            (e)         any activity associated with a railway that is excluded from the ambit of the definition of development (within the meaning of the Planning, Development and Infrastructure Act 2016 ) under regulations made under that Act; or

            (f)         an activity in respect of which the Authority is satisfied, having regard to the prescribed factors, that an environmental authorisation is not justified.

In this subclause—

rail infrastructure means infrastructure associated with the operation of a railway and includes (but is not limited to) railway track, associated track structures, over or under track structures, supports, tunnels, bridges, stations, platforms, train control systems, signalling systems, communication systems, electric traction infrastructure and buildings, but does not include any workshop or repair facility;

railway means a guided system designed for the movement of rolling stock which has the capability of transporting passengers, freight or both on a railway track, together with its infrastructure and associated sidings or crossing, or passing loops, and includes a railway in a marshalling yard or a passenger or freight terminal;

railway land means—

            (a)         land within a rail corridor or rail reserve, including any associated sidings; and

            (b)         railway yards; and

            (c)         other land over which a railway track passes;

rolling stock means a vehicle (whether or not self-propelled) that operates on or uses a railway track, but does not include a vehicle designed to operate both on and off a railway track when the vehicle is not operating on a railway track.

Examples—

A locomotive, carriage, rail car, rail motor, light rail vehicle, train, tram, light inspection vehicle, road/rail vehicle, trolley, wagon.

        (3)         Crushing, Grinding or Milling

processing (by crushing, grinding, milling or separating into different sizes by sieving, air elutriation or in any other manner) of—

            (a)         chemicals or rubber at a rate in excess of 100 tonnes per year; or

            (b)         agricultural crop products at a rate in excess of 500 tonnes per year, but excluding non-commercial processing for on farm use; or

            (c)         rock, ores or minerals at a rate in excess of 1 000 tonnes per year, but excluding—

                  (i)         processing on a mining lease area, or processing of material from a mining lease area on adjacent land subject to a miscellaneous purposes licence, under the Mining Act 1971 ; and

            (ia)         processing on the area of a private mine (within the meaning of section 19 of the Mining Act 1971 ), or processing of material from a private mine on adjacent land subject to a miscellaneous purposes licence under the Mining Act 1971 ; and

            (ib)         processing of sand, gravel, stone, shell, shale, clay or soil as authorised under any statute other than this Act or the Mining Act 1971 ; and

                  (ii)         processing of wet sand.

        (4)         Dredging

removing solid matter from the bed of any marine waters or inland waters by any digging or suction apparatus, but excluding works carried out for the establishment of a visual aid to navigation and any lawful fishing or recreational activity.

        (5)         Coal Handling and Storage

the handling of coal or carbonaceous material by any means or the storage of coal, coke or carbonaceous reject material at facilities with a total handling capacity exceeding 100 tonnes per day or a storage capacity exceeding 5 000 tonnes.

        (6)         Earthworks Drainage

the conduct of earthworks operations in the course of which more than 100 kilolitres of wastewater containing suspended solids in a concentration exceeding 25 milligrams per litre is discharged directly or indirectly to marine waters or inland waters.

        (7)         Extractive Industries

the conduct of operations involving extraction, or extraction and processing (by crushing, grinding, milling or separating into different sizes by sieving, air elutriation or in any other manner), of sand, gravel, stone, shell, shale, clay or soil, being operations with an extraction production rate exceeding 100 000 tonnes per year.

8—Other

        (1)         Aerodromes

the conduct of facilities for commercial or charter aircraft take-off and landing, being facilities used for more than 20 000 flight movements per year.

        (2)         Fuel Burning

the conduct of works or facilities involving the use of fuel burning equipment, including flaring (other than flaring at petroleum production, storage or processing works or facilities that do not have a total storage capacity or total production rate exceeding the levels respectively specified in clause 1(5)) or incineration, where the equipment alone or in aggregate is capable of burning combustible matter—

            (a)         at a rate of heat release exceeding 5 megawatts; or

            (b)         at a rate of heat release exceeding 500 kilowatts and the products of combustion are used—

                  (i)         to stove enamel; or

                  (ii)         to bake or dry any substance that on heating releases dust or air impurities.

        (3)         Helicopter Landing Facilities

the conduct of facilities designed for the arrival and departure of helicopters, but excluding—

            (a)         facilities at an aerodrome licensed under Part 6; or

            (b)         facilities at which helicopter arrivals or departures take place on not more than 10 days per year; or

            (c)         facilities that are situated more than 1 kilometre from residential premises not associated with the facilities; or

            (d)         facilities at the site of an activity authorised under the Mining Act 1971 , the Petroleum Act 2000 , the Petroleum (Submerged Lands) Act 1982 or the Roxby Downs (Indenture Ratification) Act 1982 .

        (4)         Marinas and Boating Facilities

the conduct of—

            (a)         facilities comprising pontoons, jetties, piers or other structures (whether on water or land) designed or used to provide moorings or dry storage for 50 or more powered vessels at any one time; or

            (b)         works for the repair or maintenance of vessels with the capacity to handle 5 or more vessels at any one time or vessels 12 metres or more in length.

        (5)         Motor Racing or Testing Venues

the conduct of facilities designed and used for motor vehicle competitions or motor vehicle speed or performance trials, but excluding facilities that are situated more than 200 metres from residential premises not associated with the facilities.

        (6)         Shooting Ranges

the conduct of facilities for shooting competitions, practice or instruction (being shooting involving the propulsion of projectiles by means of explosion), but excluding indoor facilities or facilities that are situated more than 200 metres from residential premises not associated with the facilities.

        (6a)         Desalination Plants

the conduct of a desalination plant.

In this subclause—

desalination plant means a plant for the production of desalinated water that has a production capacity exceeding 200 kilolitres of desalinated water per day, and includes—

            (a)         an underground desalination plant; and

            (b)         a number of underground desalination plants within any 1 square kilometre area that, in aggregate, have a production capacity exceeding 200 kilolitres of desalinated water per day,

but does not include—

            (c)         a plant that disposes of all of its wastewater to a wastewater management system that is the subject of a licence; or

            (d)         a plant that produces 2 megalitres or less of wastewater per year;

underground desalination plant means a plant having a system comprised of a borehole, submersible pump and associated equipment for the desalination below the ground of underground water;

underground water means water occurring naturally under the ground or introduced to an aquifer or other area under the ground.

        (7)         Discharges to Marine or Inland Waters

the conduct of operations, other than a desalination plant referred to in subclause (6a), involving discharges into marine waters or inland waters where—

            (a)         the discharges—

                  (i)         raise the temperature of the receiving waters by more than 2 degrees Celsius at any time at a distance of 10 metres or more from the point of discharge; or

                  (ii)         contain antibiotic or chemical water treatments; and

            (b)         the total volume of the discharges exceeds 50 kilolitres per day.

        (8)         Cremation or incineration of human or animal remains

the conduct of a facility for the cremation or incineration of human or animal remains by means of thermal oxidation using fuel burning equipment.

In this subclause—

human or animal remains does not include—

            (a)         medical waste; or

            (b)         cytotoxic wastes; or

            (c)         quarantine waste.

        (9)         Pumped hydroelectricity production works

the conduct of works or a facility for the generation of electricity by means of passing water through a turbine with a total full-load sustained output capacity of 30 megawatts or more.

Part B—Listed wastes

Acids and acidic solutions

Adhesives (excluding solid inert polymeric materials)

Alkali metals and alkaline earth metals

Alkalis and alkaline solutions

Antimony and antimony compounds and solutions

Arsenic and arsenic compounds and solutions

Asbestos

Barium compounds and solutions

Beryllium and beryllium compounds

Boron and boron compounds

Cadmium and cadmium compounds and solutions

Calcium carbide

Carbon disulphide

Carcinogens teratogens and mutagens

Chlorates

Chromium compounds and solutions

Copper compounds and solutions

Cyanides or cyanide solutions and cyanide complexes

Cytotoxic wastes

Dangerous substances within the meaning of the Dangerous Substances Act 1979

Distillation residues

Fluoride compounds

Halogens

Heterocyclic organic compounds containing oxygen, nitrogen or sulphur

Hydrocarbons and their oxygen, nitrogen and sulphur compounds (including oils)

Isocyanate compounds (excluding solid inert polymeric materials)

Laboratory chemicals

Lead compounds and solutions

Lime sludges or slurries

Manganese compounds

Medical waste

Mercaptans

Mercury compounds and equipment containing mercury

Nickel compounds and solutions

Nitrates

Organic halogen compounds (excluding solid inert polymeric materials)

Organic phosphates

Organic solvents

Organometallic residues

Oxidising agents

Paint sludges and residues

Perchlorates

Peroxides

Pesticides (including herbicides and fungicides)

Pharmaceutical wastes and residues

Phenolic compounds (excluding solid inert polymeric materials)

Phosphorus and its compounds

Polychlorinated biphenyls

Poisons within the meaning of the Controlled Substances Act 1984

Reactive chemicals

Reducing agents

Selenium and selenium compounds and solutions

Silver compounds and solutions

Solvent recovery residues

Sulphides and sulphide solutions

Surfactants

Thallium and thallium compounds and solutions

Vanadium compounds

Zinc compounds and solutions



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