FAQs

Clause 11 of the EPP sets out the relevant requirements for resource recovery processing of most wastes prior to disposal to landfill.  Wastes that are set out in Schedule 3 and which are not prohibited landfill wastes (Schedule 4) may be disposed of to landfill without first being subject to a resource recovery process.

Where waste has been subjected to resource recovery processes:

• at an appropriate licensed material recovery facility or composting depot, or
• in accordance with the waste management hierarchy and to the extent reasonably achievable prior to its disposal to landfill, the requirements of clause 11(3) will be satisfied without any approval being held by the facility.  Appendix 2 of the Guidelines on approval for resource recovery facilities under clauses 11(6) and 12(6) of the Policy gives further information on these types of facilities or processes.

Clause 11 of the EPP sets out the relevant requirements for resource recovery processing of most wastes prior to disposal to landfill.  Approvals under clause 11 have been provided for in the EPP to enable the operator of any facility and its stakeholders to avoid any doubt about the facility’s ability to lawfully dispose of its waste to landfill. Section 2 of the Guidelines on approval for resource recovery facilities under clauses 11(6) and 12(6) of the Policy gives further information on why an approval may be sought.

This is defined within clause 3 of the EPP. Appendix 2 of the Guidelines on approval for resource recovery facilities under clauses 11(6) and 12(6) of the Policy gives further information on these types of depots.

1. If you dispose of waste to landfill, consider whether you plan to seek a clause 11 approval given the character of your particular facility.  The Guidelines on approval for resource recovery facilities under clauses 11(6) and 12(6) of the Policy may assist you in making a decision.
2. Operate your facility in compliance with section 3 of the Guidelines on resource recovery processing – the making of clause 11(8) determinations regarding sufficient treatment (unless your licence or approval has other specific conditions regarding making determinations on when waste has been sufficiently treated for disposal to landfill).

If your waste is collected by a waste service provider, seek advice that the provider is taking waste for resource recovery processing (unless it is a waste excluded from clause 11 – see Schedule 3 of the EPP).

If you wish to be able to dispose of your waste to landfill, assess whether you are undertaking a process that satisfies clause 11 and if you wish to obtain a clause 11 approval. The Guidelines on approval for resource recovery facilities under clauses 11(6) and 12(6) of the Policy may assist you in making a decision. Waste should only then be sent to landfill after acting in accordance with the Guidelines on resource recovery processing – the making of clause 11(8) determinations regarding sufficient treatment (unless your licence (if relevant) or approval has other specific conditions regarding making determinations on when waste has been sufficiently treated for disposal to landfill).

To seek a clause 11 approval, please fill out the Application for a Resource Recovery Facility Approval form and submit in accordance with the instructions given on the form.

The Guidelines on approval for resource recovery facilities under clauses 11(6) and 12(6) of the Policy details how the EPA will assess a facility. The EPA will consider what waste materials are being received by the facility and what recovery efforts exist for certain materials.

Yes, clause 11 approvals may be granted subject to conditions. In cases where a licensed facility seeks a clause 11 approval, the EPA considers it most appropriate that licence conditions be used to govern resource recovery requirements.

Operate your facility in compliance with section 3 of the Guidelines on resource recovery processing – the making of clause 11(8) determinations regarding sufficient treatment (unless your licence or approval has other specific conditions regarding making determinations on when waste has been sufficiently treated for disposal to landfill). 

Penalties for contravening clause 11 of the EPP can involve penalties of up to $30,000 for an intentional or reckless contravention. Strict liability penalties of up to $4,000 can also apply.