ASBG took the initiative in preparing a submission to the EPA requesting clarification of how the on-site / off-site rule operates. Put simply this rule means material only becomes a waste once it has been taken off site. Consequently, materials moved and or stockpiled for clean up, remediation, demolition, unexpected finds etc, are not considered waste and can be further processed and used on site under WHS and Contaminated land management laws not subject to waste laws. Considering the recent findings of EPA v Grafil case and a high variation of its interpretation among various EPA officers there is much confusion over how this rule should operate and where are its boundaries. For general remediation, earthworks and demolition work, classification of on-site materials as waste would make construction a far more complex, unnecessarily so in ASBG's opinion. The submission identifies what is believed to be the on-site / off-site rule, what is meant by on-site or a site, and where there are many gray areas. A series of case studies is used to assist the EPA tease out where the boundaries sit.
 ASBG's Submission on the On-Site / Off-Site Rule - 2019 | 892 kB |
