Version No. 003
Environment Protection (Scheduled Premises
and Exemptions) Regulations 1996
S.R. No. 66/1996
Version as at 25 May 2006
TABLE OF PROVISIONS
Regulation
Page
PART 1—PRELIMINARY
1.
2.
3.
4.
1
Objectives
Authorising provision
Commencement
Definitions
1
1
1
1
PART 2—SCHEDULED PREMISES
3
5.
6.
Scheduled premises
How conflict to be resolved if premises falls into more than
1 category
PART 3—EXEMPTIONS
7.
8.
9.
11.
3
4
Schedule three exemptions
Exemptions from licensing at scheduled premises
Exemptions from both works approval and licensing
PART 4—TRANSITIONAL PROVISION
10.
3
Certain premises to continue to be scheduled until next
anniversary of the day the licence was issued
Revocation
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4
4
4
5
5
5
TABLE A—SCHEDULED PREMISES
6
Description of premises
6
1.
2.
3.
4.
Waste treatment, disposal and recycling
Primary industry and allied operations
Mining
Animal derived by-products and food
i
6
7
8
8
Regulation
5.
6.
7.
8.
9.
10.
11.
12.
Page
Textiles
Wood and wood derivatives
Chemicals including petroleum
Non-metallic minerals
Metals and engineering
Printing
Utilities
Other
TABLE B—EXEMPTIONS
1.
2.
3.
4.
9
9
10
11
11
12
12
13
14
Air
Noise
Land or Water
Wastes
14
15
15
16
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ENDNOTES
17
1. General Information
17
2. Table of Amendments
18
3. Explanatory Details
19
ii
Version No. 003
Environment Protection (Scheduled Premises
and Exemptions) Regulations 1996
S.R. No. 66/1996
Version as at 25 May 2006
PART 1—PRELIMINARY
1. Objectives
The objectives of these Regulations are to
prescribe scheduled premises, for the purposes of
the Environment Protection Act 1970, and to
provide for exemptions from provisions of the
Act.
2. Authorising provision
These Regulations are made under section 71 of
the Environment Protection Act 1970.
3. Commencement
(1) These Regulations (other than Regulation 7 and
item 2 in Table B) come into operation on 25 July
1996.
(2) Regulation 7 and item 2 in Table B come into
operation upon the coming into operation of
section 19A(3AA) of the Act.
4. Definitions
In these Regulations—
"Act" means the Environment Protection Act
1970;
"animal unit" means 1 head of cattle or 5 pigs or
5 of any other kind of mammal;
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Environment Protection (Scheduled Premises and Exemptions)
Regulations 1996
S.R. No. 66/1996
Part 1—Preliminary
r. 4
"chemical process" means any process where a
chemical change occurs but does not include
physical processes such as mixing or
blending;
"decant" in respect of a schedule six premises
means—
(a) to transfer an ozone-depleting
substance from one container to another
for use by a person other than the
transferor; or
(b) to remove an ozone-depleting substance
from a container for the purposes of
producing goods intended for use by a
person other than the remover;
"prescribed industrial waste" means industrial
waste which is prescribed by the
Environment Protection (Prescribed Waste)
Regulations 19871;
"reprocessing" in respect of a schedule six
premises means the recovery of an
ozone-depleting substance from equipment
for return to a producing plant and
reformulation before being available for
re-use;
"total organic compounds" means total
compounds of carbon which contain at least
one carbon to carbon bond, as well as
methane, its derivatives and carbon
tetrachloride.
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Environment Protection (Scheduled Premises and Exemptions)
Regulations 1996
S.R. No. 66/1996
Part 2—Scheduled Premises
r. 5
PART 2—SCHEDULED PREMISES
5. Scheduled premises
(1) The premises listed in Table A are prescribed as
schedule one, schedule two and schedule three
premises for the purposes of the Act.
(2) In addition to being prescribed as schedule one
premises, schedule two premises and schedule
three premises as provided by sub-regulation
(1)—
(a) if a paragraph in Table A states that a
premises is also a schedule four premises,
the premises is prescribed as a schedule four
premises for the purposes of the Act;
(b) if a paragraph in Table A states that a
premises is also a schedule five premises, the
premises is prescribed as a schedule five
premises for the purposes of the Act.
(3) For the purposes of the Act premises used to
decant at least 125 tonnes of an ozone-depleting
substance in any 3 month period, except premises
which decant any ozone-depleting substance
solely for the purposes of recovery from
equipment for the re-use, recycling, reprocessing
or disposal of the substances are prescribed as
schedule six premises.
6. How conflict to be resolved if premises falls into
more than 1 category
If a premises falls into 2 or more of the categories
listed in Table A and the premises is exempt in
relation to one category but is not exempt in
relation to one or more of the other categories, the
exemption in relation to the first category does not
apply to the premises.
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Environment Protection (Scheduled Premises and Exemptions)
Regulations 1996
S.R. No. 66/1996
Part 3—Exemptions
r. 7
PART 3—EXEMPTIONS
7. Schedule three exemptions
If a works approval in relation to sections 19A(1)
or (2) or (3A) of the Act is not required under the
Regulations in respect of a premises in Table A
then a works approval under section 19A(3AA) is
not required in respect of the premises.
8. Exemptions from licensing at scheduled premises
(1) If a paragraph in Table A states that a premises is
exempt from licensing, section 20 of the Act does
not apply to the occupier of the premises to the
extent stated in the paragraph.
(2) If a paragraph in Table A states that a premises is
exempt from licensing for discharges or emissions
to the atmosphere, section 20(1) of the Act does
not apply to the occupier of the premises to the
extent stated in the paragraph.
(3) If a paragraph in Table A states that a premises is
exempt from licensing for discharges or deposits
to land, or discharges or deposits to water, section
20(2) of the Act does not apply to the occupier of
the premises to the extent stated in the paragraph.
9. Exemptions from both works approval and licensing
In respect of any item in Table B, sections 19A
and 20 of the Act do not apply to the extent stated
in the item.
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Environment Protection (Scheduled Premises and Exemptions)
Regulations 1996
S.R. No. 66/1996
Part 4—Transitional Provision
r. 10
PART 4—TRANSITIONAL PROVISION
10. Certain premises to continue to be scheduled until
next anniversary of the day the licence was issued
Despite anything to the contrary in these
Regulations, if a premises was prescribed as a
schedule one premises, a schedule two premises
or a schedule four premises immediately before
these Regulations came into operation, the
premises is deemed to continue to be so
prescribed as a schedule one premises, a schedule
two premises or a schedule four premises until the
next anniversary of the day the licence in respect
of the premises was issued.
11. Revocation
The Environment Protection (Scheduled Premises
and Exemptions) Regulations 19952 are revoked.
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Environment Protection (Scheduled Premises and Exemptions)
Regulations 1996
S.R. No. 66/1996
Table A—Scheduled Premises
Table A
TABLE A—SCHEDULED PREMISES
Description of premises
1. Waste treatment, disposal and recycling
(a) Storage, treatment, reprocessing or disposal
facilities handling any prescribed industrial
waste not generated at the premises.
These premises are also schedule four premises.
(b) Storage, treatment, reprocessing or disposal
facilities handling any waste generated at the
premises and which consists of cadmium,
cadmium compounds, mercury, mercury
compounds, polychlorinated biphenyls or any
mixture containing polychlorinated biphenyls,
organochlorine pesticides or germicides, arsenic
or arsenic compounds except for the following
premises
(i) a laboratory, dental clinic or pharmacy; or
(ii) those premises, with solely land discharges
or deposits, used for the discharge or deposit
of mining wastes, in accordance with the
Extractive Industries Development Act
1995 or the Mineral Resources
Development Act 1990.
All category 1(b) premises are also schedule four
premises.
(c) Waste treatment works engaged in the
immobilisation, incineration or other treatment
of waste.
(d) Premises on or from which sewage (including
sullage) effluent, exceeding a design or actual
flow rate of 5000 Litres per day, is discharged or
deposited;
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Environment Protection (Scheduled Premises and Exemptions)
Regulations 1996
S.R. No. 66/1996
Table A—Scheduled Premises
Table A
(e) Landfills used for the discharge or deposit of
solid wastes onto land being
(i) municipal landfill facilities serving 500 or
more people; or
(ii) land disposal facilities for solid wastes
(including solid industrial wastes) except
premises, with solely land discharges or
deposits, used only for the discharge or
deposit of mining wastes and in accordance
with the Extractive Industries
Development Act 1995 or the Mineral
Resources Development Act 1990.
Municipal landfill premises serving less than
5000 people are exempt from licensing.
All category 1(e) premises are also schedule five
premises.
(f) Land disposal facilities for the disposal of
nightsoil, septic tank sludge or sewage treatment
plant sludge.
(g) Facilities for treatment of waste by aerobic or
anaerobic composting or vermiculture, which are
designed to produce more than 10 tonnes per day
of compost.
These premises are exempt from licensing.
2. Primary industry and allied operations
(a) Intensive animal industry, being premises upon
which are situated piggeries or cattle feedlots and
the like, where more than 5,000 animals are
confined for the purposes of agricultural
production.
Premises discharging or depositing waste solely
to land are exempt from licensing.
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Environment Protection (Scheduled Premises and Exemptions)
Regulations 1996
S.R. No. 66/1996
Table A—Scheduled Premises
Table A
(b) Livestock sale yards or holding pens which are
designed to have a throughput of at least 10,000
animal units per year.
Premises discharging or depositing waste solely
to land are exempt from licensing.
(c) Fish farms or other facilities for the cultivation of
edible aquatic organisms with a design water flow
rate of 02 or more megalitres per day.
Premises discharging or depositing waste solely
to land are exempt from licensing.
3. Mining
(a) Extractive industry including mining and
quarrying but excluding eductor dredging; except
premises with solely land discharges or deposits
used only for the discharge or deposit of mining
wastes and that are in accordance with the
Extractive Industries Development Act 1995 or
the Mineral Resources Development Act 1990.
4. Animal derived by-products and food
(a) Abattoirs, knackeries or poultry processing works
which are designed to have a throughput of more
than 200 tonnes per year.
(b) Seafood processing works with a processing
capacity of more than 200 tonnes per year of
seafood.
These premises are exempt from licensing.
(c) Rendering works, being works for the
manufacture or extraction of non-edible
substances derived from animals.
(d) Animal skin tanning, curing and finishing works.
(e) Pet food processing or pet food manufacturing
works, which are designed to produce at least
200 tonnes per year of pet food.
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Environment Protection (Scheduled Premises and Exemptions)
Regulations 1996
S.R. No. 66/1996
Table A—Scheduled Premises
Table A
(f) Food processing works, being a works in which
food is preserved, canned, bottled, or dried by
means of fuel fired plant, and which are designed
to produce at least 200 tonnes per year of food.
(g) Milk processing or dairy product manufacturing
works, which are designed to produce at least
200 tonnes per year of product(s).
These premises are exempt from licensing for
discharges or emissions to the atmosphere.
(h) Edible oil or fat processing works, where either
solvent extraction or edible oil or fat deodorising
takes place, which are designed to produce at least
200 tonnes per year of product(s).
(i) Beverage manufacturing or processing works;
except wineries processing less than 300 tonnes
per year of grapes and retaining all wastes on site.
Premises discharging or depositing waste solely
to land are exempt from licensing.
5. Textiles
(a) Textile manufacturing and processing works
including carpet manufacturing, wool scouring,
textile bleaching, textile dyeing and textile
finishing works.
Premises other than those engaged in both dyeing
and finishing are exempt from licensing for
discharges or emissions to the atmosphere.
6. Wood and wood derivatives
(a) Timber preserving works.
(b) Fibreboard, chip board, or particle board works,
being a works in which wood, wood products or
other cellulose materials are processed to form
fibreboard, chip board or particle board.
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Environment Protection (Scheduled Premises and Exemptions)
Regulations 1996
S.R. No. 66/1996
Table A—Scheduled Premises
Table A
(c) Pulp or paper mills, being works in which wood,
wood products, waste paper or other cellulose
materials are processed to form pulp, paper or
cardboard.
Premises employing processes other than Kraft or
Neutral Sulphite Semi Chemical processes are
exempt from licensing for discharges to the
atmosphere.
7. Chemicals including petroleum
(a) Chemical works
(i) where products are manufactured by any
chemical process, and which are designed to
produce at least 2000 tonnes per year of
chemical products; or
(ii) where acrylic compounds, herbicides,
insecticides or pesticides are manufactured
by any chemical process.
(b) Coal processing works, being works in which
coal is converted to gaseous, liquid or solid
products.
(c) Oil or gas refinery works, being works in which
crude oil or gas is refined or hydrocarbon
fractions are produced.
(d) Bulk storage facilities which have a total design
capacity of more than 10 megalitres (in tanks
exceeding 10 000 L capacity) and which store
compounds of carbon (including petroleum
products or oil) which
(i) contain at least one carbon to carbon bond,
as well as derivatives of methane; and
(ii) are liquid at Standard Temperature and
Pressure.
These premises are also schedule five premises.
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Environment Protection (Scheduled Premises and Exemptions)
Regulations 1996
S.R. No. 66/1996
Table A—Scheduled Premises
Table A
8. Non-metallic minerals
(a) Cement works in which
(i) clays or limestone materials are used in
either a furnace or a kiln in the production of
cement clinker; or
(ii) cement clinker or clays or limestone or like
materials are ground.
(b) Concrete or bitumen batching works which are
designed to have a throughput of at least
100 tonnes per week.
These premises are exempt from licensing.
(c) Ceramic works, being works in which bricks,
tiles, pipes, pottery goods or refractories are
processed in dryers or kilns, which are designed to
produce at least 10,000 tonnes per year of ceramic
product(s).
(d) Mineral wool or ceramic fibre works.
(e) Glass works, being works manufacturing glass by
the melting of raw materials.
9. Metals and engineering
(a) Primary metallurgical works, being works in
which ores or ore concentrates are processed or
smelted to produce metal.
(b) Metal melting works, being works in which any
metal melting is performed in furnaces, having a
total design rate of at least 10 tonnes per hour
for ferrous foundries, or 2 tonnes per hour for
non-ferrous foundries.
(c) Metal galvanising works which are designed to
have a throughput of at least 5000 tonnes per year
of steel.
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Environment Protection (Scheduled Premises and Exemptions)
Regulations 1996
S.R. No. 66/1996
Table A—Scheduled Premises
Table A
(d) Metal finishing works, including electroplating
of metal or plastic, anodising, electroforming or
printed circuit board manufacturing.
These premises are exempt from licensing for
discharges or emissions to the atmosphere.
(e) Can and drum coating works, in which surface
coating is applied to metal before or after the
metal is formed into cans, closures, coils or
drums.
Premises which discharge or emit to the
atmosphere less than 100 kilograms per day of
total organic compounds are exempt from
licensing.
(f) Vehicle assembly or sub-assembly works which
are designed to produce at least 2000 units per
year.
10. Printing
(a) Printing works using more than 100 kilograms
per day of organic compounds that have a boiling
range between 50 Celsius and 260 Celsius.
Premises using heat set web offset lithographic
(HSWOL) printing plant are exempt from
licensing for discharges or emissions to the
atmosphere with respect to HSWOL printing
plant.
11. Utilities
(a) Power stations which generate electrical power
from the consumption of a fuel at a rated capacity
of at least 5 Megawatt electrical power.
(b) Potable water treatment plants which are
designed to have a throughput of more than
1 megalitre per day.
These premises are exempt from licensing.
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Environment Protection (Scheduled Premises and Exemptions)
Regulations 1996
S.R. No. 66/1996
Table A—Scheduled Premises
Table A
12. Other
(a) Premises which discharge or emit, or from which
it is proposed to discharge or emit, to the
atmosphere any of the following—
(i) at least 100 kilograms per day of—

total organic compounds,

particulate matter,

sulphur oxides,

nitrogen oxides, or

other acid gases (excluding carbon
dioxide);
(ii) at least 500 kilograms per day of carbon
monoxide;
(iii) any quantity of the following substances
from industrial plant or fuel burning
equipment

asbestos (except from brake debonding
works),

benzene,

mercury,

vinyl chloride monomer,

toluene-2, 4 di-isocyanate (TDI), or

diphenylmethane di-isocyanate (MDI).
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Environment Protection (Scheduled Premises and Exemptions)
Regulations 1996
S.R. No. 66/1996
Table B—Exemptions
Table B
TABLE B—EXEMPTIONS
1. Air
Works approval under section 19A(1) and a
licence under section 20(1) are not required with
respect to discharges or emissions to air from
(a) a source, other than an incinerator or an
afterburner, discharging or emitting less than
each of the following
(i) 100 kg per day Oxides of Nitrogen; and
(ii) 10 kg per day Oxides of Sulphur; and
(iii) 10 kg per day Carbon Monoxide; and
(iv) 10 kg per day Particulates (except
asbestos and heavy metals); and
(v) 5 kg per day total organic compounds
except for the emissions of odorous
compounds or those referred to in
sub-paragraph (vi); and
(vi) 01 gram per minute total organic
compounds listed in category 12(a)(iii)
of Table A.
(b) an incinerator used to burn wood, paper or
cardboard only;
(c) a standby engine;
(d) fire fighting training activities;
(e) a spray booth, extractor vent system or fume
cupboard used in product development or in
a laboratory;
(f) a safety relief valve or rupture disc;
(g) a vent on a wastewater treatment system
except at a sewage treatment plant;
(h) a general room or building ventilation point;
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Environment Protection (Scheduled Premises and Exemptions)
Regulations 1996
S.R. No. 66/1996
Table B—Exemptions
Table B
(i) a food cooker or a kitchen range;
(j) an acid or alkali tank;
(k) vents on fuel storage tanks which meet
technology specifications acceptable to the
Authority;
(l) hand-held or other portable cleaning,
maintenance and construction equipment.
2. Noise
Works approval under section 19A(3AA) is not
required with respect to emissions of noise from
activities at premises which have fixed plant with
a total capacity of less than 200 kilowatts of
mechanical power.
3. Land or Water
Works approval under section 19A(2) and a
licence under section 20(2) are not required with
respect to discharges or deposits to land or water
from
(a) an enclosed drain connected to sewer;
(b) a municipal stormwater drainage system,
except a modified or common effluent
drainage system;
(c) an emergency relief structure or other
installations in the sewers of a sewerage
authority;
(d) an effluent reuse scheme or activity which
meets discharge, deposit and operating
specifications acceptable to the Authority.
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Environment Protection (Scheduled Premises and Exemptions)
Regulations 1996
S.R. No. 66/1996
Table B—Exemptions
Table B
4. Wastes
Works approval under section 19A(3A) and a
licence under section 20(4) are not required with
respect to
(a) storage of 40 cubic metres or less of any
biomedical waste by a municipal council, a
hospital, an ambulance service or any
organisation appointed by the State
Co-ordinator of DISPLAN;
(b) a temporary plant for the onsite treatment of
waste where the activity meets technology,
deposit, discharge and emission
specifications acceptable to the Authority
and which is limited to a maximum
cumulative operating time of 6 months
within any 3 year period.
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Environment Protection (Scheduled Premises and Exemptions)
Regulations 1996
S.R. No. 66/1996
Endnotes
ENDNOTES
1. General Information
The Environment Protection (Scheduled Premises and Exemptions)
Regulations 1996, S.R. No. 66/1996 were made on 16 July 1996 by the
Governor in Council, on the recommendation of the Environment Protection
Authority, under section 71 of the Environment Protection Act 1970,
No. 8056/1970 and came into operation as follows:
Regulations 1–6, 8–11, Table A, Table B items 1, 3 and 4 on 25 July 1996:
regulation 3(1).
Regulation 7 and Table B item 2 on 1 November 2001: regulation 3(2).
The Environment Protection (Scheduled Premises and Exemptions)
Regulations 1996 will sunset on 15 July 2007: see the Subordinate
Legislation (Environment Protection (Scheduled Premises and Exemptions)
Regulations 1996 - Extension of Operation) Regulations 2006,
S.R. No. 56/2006.
17
Environment Protection (Scheduled Premises and Exemptions)
Regulations 1996
S.R. No. 66/1996
Endnotes
2. Table of Amendments
There are no amendments made to the Environment Protection (Scheduled
Premises and Exemptions) Regulations 1996 by statutory rules, subordinate
instruments and Acts.
18
Environment Protection (Scheduled Premises and Exemptions)
Regulations 1996
S.R. No. 66/1996
Endnotes
3. Explanatory Details
1
S.R. No. 195/1987. Reprinted to S.R. No. 246/1988.
2
S.R. No. 93/1995.
19