Document ID: chunk:federal_register_of_legislation:F2012C00858:front:0:p3
Version: federal_register_of_legislation:F2012C00858
Segment Type: other
Provision Reference: 
Character Range: 5595–8624

guidance on possible means for achieving desired environmental outcomes.

National environment protection measure means a measure made under section 14(1) of the Commonwealth Act and the equivalent provisions of the corresponding Acts of participating States or Territories.

Participating jurisdiction means the Commonwealth, a participating State or a participating Territory.

Participating State means a State:
 (a) that is a party to the Agreement; and
 (b) in which an Act that corresponds to the Commonwealth Act is in force in accordance with the Agreement.

Participating Territory means a Territory:
 (a) that is a party to the Agreement; and
 (b) in which an Act that corresponds to the Commonwealth Act is in force in accordance with the Agreement.

Producer means a person who produces or consigns controlled waste or a person authorised by an agency in the jurisdiction where the controlled waste is produced, to act on behalf of the producer.

Transporter means a person responsible for moving controlled wastes either from one participating State or Territory to another or through participating States or Territories.

Vehicle means a conveyance that is designed to be propelled or drawn by any means which is used for the movement of controlled wastes by land, air or water and includes trailer, railway locomotive or rolling stock, ship, boat or aircraft used for such purpose.

Waste means any:
 (a) discarded, rejected, unwanted, surplus or abandoned matter; or
 (b) otherwise discarded, rejected, unwanted, surplus or abandoned matter intended for:
  (i) recycling, reprocessing, recovery, reuse, or purification by a separate operation from that which produced the matter; or
  (ii) sale,
 whether of any value or not.

4 Head of power for making this Measure

 This Measure is made pursuant to section 14(1) of the Commonwealth Act, and in particular, paragraphs (a), (b), (e), and (f) of that section, and the equivalent provisions of corresponding Acts in other participating States and Territories.

5 Scope

 This Measure is to provide a national framework for developing and integrating State and Territory systems for the management of the movement of controlled wastes between States and Territories originating from commercial, trade, industrial or business activities.  These management systems include:
 (a) tracking systems which would provide information to assist agencies and emergency services, and would ensure that controlled wastes are directed to and reach appropriate facilities;
 (b) prior notification systems which would provide participating States and Territories with access to information, to assess the appropriateness of proposed movements of controlled wastes in terms of transportation and facility selection; and
 (c) the licensing of transporters and regulation of producers and facilities so that tracking and notification functions are compatible with participating State and Territory requirements.

 For the avoidance of doubt, it is noted that this Measure relates