Document ID: chunk:federal_register_of_legislation:F2021L01482:reg:5
Version: federal_register_of_legislation:F2021L01482
Segment Type: reg
Provision Reference: reg 5
Character Range: 4771–6792

5  Waste tyres are regulated waste material
 (1) For the purposes of subsection 17(1) of the Act, waste tyres, other than the kinds of waste tyres referred to in subsection (4) of this section, are prescribed.
Note: Waste tyres that are prescribed under this section are regulated waste tyres.
 (2) Waste tyres means:
 (a) tyres that are designed for motorised vehicles and that are discarded, rejected or left over from an industrial, commercial, domestic or other activity; or
 (b) tyres that are designed for motorised vehicles and that are surplus to or a by‑product of an industrial, commercial, domestic or other activity; or
 (c) the rubber component of a tyre described in paragraph (a) or (b); or
 (d) tyre derived fuel.
 (3) Tyre derived fuel means waste material that:
 (a) includes waste tyres within the meaning of paragraphs (2)(a) to (c), whether alone or processed with any other waste material; and
 (b) is intended for use as fuel;
but does not include waste material that is processed engineered fuel within the meaning of the Recycling and Waste Reduction (Export—Waste Plastic) Rules 2021.
 (4) The following kinds of waste tyres are not prescribed for the purposes of subsection 17(1) of the Act:
 (a) waste tyres that are exported for personal or domestic use;
 (b) waste tyres that are imported into Australia on a temporary basis and are re‑exported in the same covering and with the same trade description (within the meaning of the Commerce (Trade Descriptions) Act 1905) with which they were imported;
 (c) waste tyres that are hazardous waste in relation to which an order or arrangement has been made by the Minister under Part 3 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989;
 (d) tyres designed for electric single‑person transport such as scooters, skateboards and bikes (not including tyres for electric motorbikes and similar road vehicles);
 (e) tyres designed for a wheelchair;
 (f) tyres designed for a remote control toy;
 (g) tyres with no rubber component.