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Waste Management: Legal Booklet

Waste

Contents

  • About the booklet
  • Key terms, acronyms and abbreviations
  • Introduction
  • Relevant laws, guidelines and Codes
  • Roles and responsibilities
  • Legislation and the farmer
  • Further information

About the booklet

This booklet is one of a series of eight covering legal aspects of managing a farm:

  • Biodiversity
  • Chemical Management
  • Introduction to Occupational Health and Safety
  • Livestock Management
  • Noxious Weed and Pest Animal Management
  • Soil Management
  • Waste Management
  • Water Management

Each booklet provides a list of the relevant legislative Acts and explains the purpose of each Act.

They have been written for land managers and primary producers. Each booklet consists of the following sections:

Key terms, acronyms and abbreviations – an explanation of some of the language and terms used throughout the booklet.

Introduction – a summary of the intention of the legislation.

Roles and responsibilities – an explanation of roles played by national, state and local governments, their agencies and farmers.

Relevant laws, guidelines and Codes – the relevant Acts, guidelines and Codes covering farm management in Victoria.

Legislation and the farmer – A table of potential situations with an explanation of a farmer's obligations or the implications under the relevant Acts in Victoria.

Key terms

Dangerous Goods – Substances or articles that, because of their physical, chemical (physicochemical) or acute toxicity properties, present an immediate hazard to people, property or the environment. Types of substances classified as Dangerous Goods include explosives, flammable liquids and gases, corrosives, chemically reactive or acutely (highly) toxic substances. The criteria used to determine whether substances are classified as Dangerous Goods are contained in the Australian Dangerous Goods Code (ADG Code). The following agricultural chemicals are examples of Dangerous Goods: organophosphorus insecticides, cresols, carbamate pesticides, endosulfan, methyl bromide, phosphine fumigant, and ammonium nitrate.

Environmental hazard – A state of danger to human beings or the environment resulting from the location, storage or handling of a substance that has toxic, corrosive, flammable, explosive, infectious or otherwise dangerous characteristics.

Hazardous Substances – Those that, following worker exposure, can have an adverse effect on health. Examples of Hazardous Substances include poisons, substances that cause burns or skin and eye irritation, and substances that may cause cancer.

Land owner – Under the Catchment and Land Protection Act 1994 the definition of 'owner' includes occupiers.

Acronyms / abbreviations

  • ADG Australian Dangerous Goods Code
  • EP Act Environment Protection Act
  • CaLP Catchment and Land Protection Act 1994 (Vic)
  • EPA Environment Protection Authority
  • CMA Catchment Management Authority
  • RWMG Regional Waste Management Group
  • DPI Department of Primary Industries
  • SEPPs State Environment Protection Policies

Introduction

Owners and occupiers of land in Victoria have a number of legal obligations for managing farm waste. Inappropriate disposal of farm wastes may be an offence under the Environment Protection Act 1970 (EP Act) or contravene a local municipal law.

Good waste management on farms is essential to ensure a healthy, safe and productive farming enterprise. Farmers, along with all Victorians, have obligations under legislation to ensure that their wastes do not affect the environment. Inappropriate disposal of wastes can cause contamination, pollution and increase your liability.

The land owner in Victoria may need to obtain a licence for the disposal of certain waste disposal, or for treatment or storage of waste on the land.

'Clean and green' agriculture is of increasing importance in the marketing of Australian produce, both domestically and overseas. Appropriate management of farm wastes can benefit your farm by preventing contamination of the land water or produce, preventing the spread of diseases which may result in the death of animals or plants and preventing penalties being imposed on the land owner.

The EP Act sets out the principles of waste hierarchy. In order of preference, land owners should manage waste in accordance with these principles. In short, waste management should firstly begin with waste avoidance or reduction of waste. Secondly, reuse or recycle water wherever possible. Finally, the treatment, containment or disposal of waste must be appropriate and comply with the legislation.

This booklet focuses mainly on farm wastes and pollutants that affect waterways and land. You also need to be aware of policies relating to noise and air pollution that affect farming operations.

Relevant laws, guidelines and Codes

Environment Protection Act 1970

The principal Act governing farm waste management in Victoria is the EP Act. The Act sets out general offences relating to pollution (including littering) and to causing or permitting an environmental hazard.

Specifically, a person who is the occupier of land from which waste is discharged, emitted or deposited to the environment without a licence may be liable for an offence under the EP Act.

Further, a person who contravenes any rules or requirements relating to industrial water specified in a water management policy, or causes or permits an environmental hazard, may be charged with an offence under the EP Act. The Act provides for significant fines and penalties for pollution offences.

There are a range of associated regulations, SEPPs, Waste Management Policies and Guidelines. These are administered and enforced by EPA Victoria.

EPA Industrial Waste Resource Guidelines – Farm Waste Management

This is a key guideline for Victorian farmers on good practice waste management. Specific examples from this guideline are included in the table on pages 9-13 of this booklet.

State Environment Protection Policies (SEPPs)

SEPPs aim to safeguard the environmental values and human activities (beneficial uses) that need protection from the effects of pollution and waste. Relevant SEPPs for farmers include SEPP (Waters of Victoria), SEPP (Groundwaters of Victoria) and SEPP (Prevention and Management of Contamination of Land).

Waste Management Policy

Waste Management Polices have been introduced under the EP Act, and must be observed with respect to any management of waste within Victoria.

The polices may relate to the generation, storage, reprocessing, treatment, transport, containment and disposal, and generally the handling, of water.

Further, the policies allocate responsibility for industrial waste management operations and disposal, and establish the level of technology that should be applied to processes involving waste management and disposal.

Roles and responsibilities

The Victorian Government regulates waste management across the state. Under the EP Act, it is an offence to cause land, air, water or noise pollution – including through the inappropriate disposal of farm wastes. The Environment Protection Authority (EPA) administers and enforces the legislation in co-operation with Local Government authorities.

Land owners are responsible for managing waste on their farm in a way that does not adversely affect the environment, amenity or health. Further, they must ensure that waste does not adversely affect commercial agricultural production on neighbouring farms.

Land owners have a responsibility to ensure the health and safety of employees and livestock and clean produce for consumers.

The Victorian Government, Catchment Management Authorities (CMAs) and local Councils each have roles and responsibilities that relate, directly or indirectly, to farm waste issues.

In terms of waste management, the CMAs have a role to maintain and improve the quality of water and condition of rivers and to prevent and reverse land degradation. The role of CMAs is recognised under the State Environment Protection Policies (SEPPs), especially concerning coordinating efforts to manage diffuse pollutants arising from general farming and land management.

Local Councils are also involved in planning issues. Depending on your farm activity, you may require planning approval from your local government authority.

WorkSafe Victoria is responsible for enforcing Victoria's occupational health and safety laws.

Catchment and Land Protection Act 1994

This Act establishes a framework for the integration and co-ordination of catchments in Victoria and to encourage the involvement of landholders and other community members in catchment management. The broad aim is to conserve the environment.

CMAs develop strategies and plans which may be incorporated into a planning scheme under the Planning and Environment Act 1987 or into a SEPP under the EP Act.

The first step by a land owner within a catchment is to ascertain the existence and status of the strategy or any plans.

Dangerous Goods Act 1985

Dangerous Goods (Storage and Handling) Regulations 2000

The Dangerous Goods Act regulates the manufacturing, storage, transfer, transport, sale, purchase and use of Dangerous Goods.

The Dangerous Goods Act seeks to ensure that adequate precautions are taken against any explosions, leakages or spillages of Dangerous Goods, and to allocate responsibilities to land owners and occupiers to ensure the health and safety of all persons.

Liability for a land owner, or occupier of the land, may arise where the goods are held, or where an employer of workers who handle or have contact with Dangerous Goods.

The Dangerous Goods legislation establishes nine classes of Dangerous Goods according to their common hazardous properties. A number of classes have sub-classes. The duties vary according to the class of goods and some exemptions apply if small amounts are handled. (See the Chemical Management booklet for more information).

Codes of Practice

Management of dairy effluent: 2008 DairyGains Victorian Guidelines

DairyGains (Dairy, Government and Industry Nutrient Strategy) is an on-farm dairy effluent project with the key aims of improving effluent management into the long term, so to minimise environmental impacts and increase nutrient efficiency. The Guidelines are an important tool for farmers, industry service providers and government agencies in understanding best practice for on-farm dairy effluent management.

Code of Practice Piggeries 1992

The Code of Practice – Piggeries is the current code for all piggery developments in Victoria. It specifies minimum standards that apply to new piggeries, or where there are substantial modifications to existing piggeries. It is designed to assist local Councils, pig producers and planning authorities in the proper establishment and operation of new piggeries or where there are major modifications to existing piggeries.

The Code also covers emission to air from buildings, effluent collection system within all pig buildings, effluent collection system outside all pig buildings (but within the piggery compound), noise and waste water (which also includes slurries) or solids that are discharged off the premises and subsequently re-used (e.g. to irrigate a neighbour's property).

Code for Cattle Feedlots 1995

The Code for Cattle Feedlots is a State planning document and is incorporated into all planning schemes in Victoria.

Local Councils are responsible for implementing the Code on a specific feedlot development. The Department of Primary Industries (DPI) provides executive support to the Victorian Feedlot Committee who administrates the code within the state.

The Code covers water supply catchment in which feedlots are prohibited and also provides details of a waste management plan. Further, the design and operational requirements cover odour and noise along with waste storage, treatment and use.

Code for Broiler Farms 2009

The Code provides a basis for the planning, design, assessment, approval, construction, operation and management of broiler farms in Victoria. It seeks to present an appropriate balance between the operational needs of the broiler farm industry and the protection of the environment, particularly the air environment for people who live near broiler farms.

Under the Planning and Environment Act 1987 a planning permit is required for all broiler farm development. Compliance with the Code is applicable and mandatory for the establishment of all new broiler farms and expansion of existing broiler farm.

Legislation and the farmer

Key questions for farmers about waste management

Consider the following questions. If you are unsure of the answers to these questions, look through the table on the following pages for more information or phone your local EPA office (see Further Information).

Activity

  • Do you run an enterprise that generates industrial waste?
  • Do you carry out intensive agricultural industries?
  • Do you discharge waste into surface waters, or dry creek beds that could form part of a waterway?
  • Do you ensure that chemicals are used, stored and disposed of in a way that minimises environmental risks, particularly their possible impact on surface water?
  • Do you ensure that applying chemicals to your land complies with the law and best practice?
  • Do you protect and rehabilitate aquatic, riparian and coastal vegetation?
  • Do you have a rubbish dump on your farm?
  • How do you dispose of solid waste? (e.g. tyres or tree and plant waste)
  • How do you dispose of animal waste?
  • How do you dispose of dead stock?

Impacts

  • Do you ensure that surface waters and their aquatic ecosystems are free of substances that might pose a threat to beneficial uses?
  • On your property is there any sign of adverse health impacts, fish kills, algae blooms, excessive growth of aquatic plants, sedimentation, loss of biodiversity and environmental flows, objectionable odours, presence of oil and similar discharges into surface water?
  • Do you minimise runoff of pollutants?
  • Is any waste deposited on your land in accordance with relevant policies and guidelines?
  • Do you take all practicable steps to prevent pollution of groundwater?
Farm activity or situation On-farm obligations or implications

Dairy effluent
  • Waste and wastewater from dairy sheds, feedpads and laneways must not be discharged to surface and groundwaters. Farmers need to implement management practices that are consistent with guidance from EPA Victoria, DPI and the 2008 DairyGains Victorian Guidelines.
  • If you wish to install or modify your effluent system, you may need to apply for permits. Check with Local Government planning requirements. Further, the dairy company that you supply to may also have some requirements regarding treatment.

Chemical management and storage
  • The SEPP (Waters of Victoria) requires that chemicals including biocides, fertilisers, oil, fuel and other hazardous substances need to be managed to minimise environmental risks to surface waters.
  • To ensure this occurs:
    – chemicals should be stored a good distance from waterways, undercover, and in areas with bunding
    – strategies should be adopted to prevent spillage.
  • For further information on Chemical management, see the ‘Chemical Management’ brochure.

Application of chemicals or waste to land
  • The application of any substance to land must not cause any detrimental environmental impacts.
  • Application of chemical substances or waste to land may only occur in accordance with:
    - any licence issued under the EP Act
    - Australian or Victorian law, or best practice, including any code of practice or guidelines approved by EPA or relevant government department.
  • EPA has guidelines on the use of biosolids (appropriately treated sewage sludge) and their application to land.

Spray drift
  • Spray drift can adversely affect other farms, waterways and residential properties.
  • If it affects another farm, contact DPI Chemical Standards via 136 186.
  • If it affects a waterway, contact the local EPA office (see Further Information).
  • If it affects residential properties, contact the Department of Health via 1300 650 172.

Empty chemical drums and used containers
  • All empty chemical drums should be triple-rinsed immediately after use to prevent the chemical residue from solidifying in the drum. Triple-rinsing should be directly into the spray tank or, if this is not possible, it should be performed in an area that will not contaminate the environment or impact on people, stock or produce.
  • If containers can be reused they should be returned to the retailer. Where containers are non-returnable, the following disposal options are available:
    – DrumMUSTER is a national program for the collection and recycling of non-returnable, empty, cleaned crop production and on-farm animal health chemical containers. Eligible containers are identified by a DrumMUSTER logo (sticker, label or embossed). For further information contact your local council, visit the DrumMUSTER website (www.drummuster.com.au) or phone 02 6230 6712.
    – If the container is not eligible for DrumMUSTER, it should be triple-rinsed, then punctured in the base and recycled or disposed of to an appropriately licensed landfill. Contact local council for details of transfer stations or recycling services.
  • All empty containers should be stored in a safe area on the farm prior to reuse, recycling or disposal.

Chemicals(unwanted or excess)
  • ChemClear is a program to collect unwanted rural chemicals manufactured by member companies of Avcare and the Veterinary Manufacturers and Distribution Association.
  • Users of agricultural and veterinary chemicals who need to dispose of their unwanted chemicals must register their products on the ChemClear website (www.chemclear.com.au) or by telephoning 1800 008 182.
  • For more information, contact DPI or your local Regional Waste Management Group (RWMG).

Oil and oil filters
  • Used oil is a valuable resource and can be collected from your farm by waste oil collection contractors (there may be minimum volumes for collection) or you can deliver it to approved premises. Please contact your Council for further details of sites that can accept waste oil.
  • Used oil filters have a classification that prohibits their disposal to landfill as used oil filters can be recycled to recover both the metal and oil.
  • Using waste oil as a dust suppressant will cause contamination of the land and may cause pollution of surface or groundwaters. The clean up cost and potential impact on property value may result in significant liability to your farm.
  • Where there is a possibility that soil contamination has occurred (for example, from chemical or fuel/oil spills) you should contact EPA Victoria for further guidance.

Tyres
  • Tyres can be used for legitimate on-farm use (for example, on silage stacks), but should not be brought onto the farm for disposal.
  • Tyres must be stored in an appropriate manner to ensure that they minimise fire risks.
  • Tyres must not be buried or burnt. For disposal of tyres, contact your local RWMG or Council. Further, waste tyres must not be: - used for bulking material in civil engineering works - used for erosion control works - used for assisting burning (for example, stumps, dead stock) - used for drains constructed from half tyres.
  • EPA discourages the use of tyres as tree guards because of the fire risk.

Scrap metals/ used wire
  • Metal that can be reused for future works should be safely stored.
  • Any metal that cannot be reused may have recycling potential, even if it is rusted or burnt. Some companies will pay for and collect scrap metal.
  • Contact your local RWMG or Council for details of a metal recycler in your area.
  • Other wastes that can be collected/recycled include used fencing wire, vehicle bodies, and corrugated iron.

Masonry – concrete, bricks and tiles
  • Concrete and clean bricks may be reused for engineering works on your farm, provided the material is suitable for the purpose and is free from contamination from metal, plastics, chemicals and asbestos. Acceptable engineering works include the construction of farm tracks and pads.
  • If you accept wastes for disposal from other sources, reuse materials that are unsuitable for the purpose (industrial wastes, etc) or fill areas of the farm with demolition material, you may be liable for illegal dumping, contamination, pollution and clean up.
  • Recycling facilities for masonry waste are now available in some areas of Victoria. Contact your local RWMG or Council for further information.

Asbestos
  • Asbestos, in particular friable asbestos products, poses health risks during removal, transport and disposal. It is important, therefore, that asbestos be handled appropriately during these operations.
  • The disposal of waste asbestos, whether of industrial or domestic origin, is controlled by EPA Victoria. In addition, EPA controls the transportation of asbestos of industrial (including commercial or trade) origin.
  • Products made from asbestos should not be reused and cannot be recycled. These wastes must be handled appropriately and disposed of safely at a licensed landfill. There are licensed removal contractors available to perform this task.
  • If you are unsure or suspect you have asbestos materials, get someone to confirm this prior to removal. Asbestos products found on farms include: AC sheeting, buildings, cladding, lagging, roofing and pipes.
  • For information on how to appropriately handle asbestos disposal, refer to EPA Industrial Waste Resource Guidelines
    – Asbestos Transport and Disposal (EPA publication IWRG611.1
    – July 2009).
  • Further information is available in the Department of Human Services (DHS) booklet Asbestos in the home.

Dead stock
  • Dead stock should be sent to the knackery or rendering plant for reuse or to an appropriately licensed landfill for disposal. If this is not possible, limited numbers of dead stock may be buried on a farm as long as the burial site does not adversely affect the land, surface waters, groundwaters or the air (odour).
  • The burning of industrial waste, including silage plastics, is prohibited.
  • To reduce environmental impacts, an on-farm burial site should be set up as follows:
    – on elevated land with a slope of less than five per cent
    – at least two metres between the water table and the base of the pit
    – at least 100 metres from any surface waters
    – at least 300 metres from neighbouring houses
    – avoiding highly or moderately permeable soils.
  • You should also:
    – cover the carcasses with at least one metre of soil
    – where necessary, direct surface run-off away from the pit
    – slightly mound the pit after backfilling.
  • The dead stock from intensive animal industries such as piggeries, feedlots and broiler or egg farms must not be buried on a farm without approval from EPA VIctoria. Where the operations are designed, managed and operated to ensure that there are no off-site impacts, dead stock can be composted. Contact EPA or DPI for further information.

Groundwater pollution
  • The State Environment Protection Policy (Groundwaters of Victoria) states that groundwater users need to ensure that their activities don’t pose an environmental risk to surface water, such as through excessive extraction of water. For example, do not inject wastes into aquifers, do not allow effluent to leak from ponds to groundwater and avoid excessive application of fertilisers and chemicals, especially in highly permeable soils.

Silage/feed wrapping and hay band/twine
  • To avoid contamination of produce, land and water, silage/feed wrapping and hay band/wine should be managed appropriately.
  • Silage wrap recycling programs operate throughout Victoria. Any silage wrap that cannot be recycled should be disposed of at your local transfer station or landfill. Visit www.plasback. com.au and/or contact your local RWMG or Council for details of a recycling program near you.
  • The burning of silage plastic is prohibited. Hay band/twine can be recycled in some regions. If this is not possible in your area, hay band should be reused on the farm or disposed of at your local transfer station or landfill.

Treated timber
  • Treated timber contains toxic chemicals such as arsenic, chromium and copper. It must not be burnt, as the smoke and ash can affect human health and contaminate soil and waters. Animals that consume residual ash may also be harmed.
  • Treated timber (CCA pine, creosote hardwoods) should be safely stored and reused for future works on your farm. Where this is not practical, it should be disposed of at a transfer station or landfill.

Tree and plant waste
  • Tree wastes can be left in place for natural habitation or used as firewood. Stubble can enhance soil structure and reduce erosion due to rainfall.
  • Burning tree, plant and stubble is an appropriate management practice where impacts are controlled.
  • Air quality may be affected by the smoke and have an impact on human health. If you plan to burn tree and plant wastes, it is important to consider the following:
    – Activities must comply with local laws, so contact your local Council.
    – You must not add other wastes such as tyres, hay band, silage wrap or domestic waste to the fire.
    – The wind direction should be away from neighbours and other sensitive land uses such as homes, schools and towns.
    – How wind direction and smoke may affect a highway or road and ensure that possible hazards (visibility) caused by smoke emissions are avoided.
    – That the tree and plant material are dry (for efficient burning and less smoke).
    – The following areas should not be used for burning:
    • where there is a possibility of any off-site impacts, including contamination of groundwater
    • where the watertable is close to the surface
    • within 100 metres of any surface waters - areas that regularly drain into a natural water course or drainage line
    • gullies or depressions and areas subject to flooding
    • lagoons, wetlands, or old watercourses.

Vegetation rehabilitation
  • The SEPP (Waters of Victoria) states that aquatic, riparian and coastal vegetation needs to be protected and rehabilitated to achieve the goal of net gain in quality and quantity. Farmers should seek guidance from CMAs, Local Government and Landcare as to specific obligations and support services.

Waste and animal health issues
  • There are important aspects of waste management regarding animal health of which producers should be aware. These issues relate to storing swill or material originating from a placental mammal, the grazing of land where untreated sewage has been spread and the use of animal meal fertilisers where ruminants are grazing. For more information see the Livestock Management booklet in this series.

Irrigation channels
  • The SEPP (Waters of Victoria) has specific requirements for irrigation channels and drains. Artificial irrigation channels and drains must be designed and managed so that their waters are not harmful to humans or have unacceptable impacts on animals, and so that the impact of their flow, sediments, nutrients, salt and other pollutants on surface water and groundwater is minimised.
  • In most irrigation districts, CMAs and water authorities will have a regional plan in place to reduce irrigation drain discharge impacts, and farmers should ensure their operations are consistent with these.
  • For more details contact EPA Victoria.

Further information

For information on waste management on farms in Victoria phone your local EPA office:

  • EPA head office (Melbourne) (03) 9695 2722
  • EPA Southern Metro (Dandenong office) (03) 8710 5555
  • EPA Gippsland (Traralgon office) (03) 5173 9800
  • EPA North East (Wangaratta office) (03) 5720 1111
  • EPA North West (Bendigo office) (03) 5438 1000
  • EPA South West (Geelong office) (03) 5226 4825

A range of useful publications is available at: www.epa.vic.gov.au/publications/, including EPA's Industrial Waste Resource Guidelines – Farm Waste Management (EPA publication IWRG641 – June 2009)

For the contact details of your Regional Waste Management Group, go to the website of the Association of Victorian Regional Waste Management Groups: www.vicregions.asn.au

Planet Ark's Recycling Near You website: www.recyclingnearyou.com.au

To find your local Council's website, go to the website of the Municipal Association of Victoria: www.mav.asn.au

Department of Primary Industries: www.dpi.vic.gov.au

DPI Customer Service Centre: 136 186

Department of Human Services: 1300 650 172 or www.dhs.vic.gov.au

Recycling and disposal services:

DrumMUSTER (to recycle empty chemical containers): www.drummuster.com.au or (02) 6230 6712

Chemclear (collection and disposal service for obsolete agricultural and veterinary chemicals): www.chemclear.com.au or 1800 008 182

Plasback – Silage Wrap Recycling ( a product stewardship program from Tapex): www.plasback.com.au

Sustainability Victoria: 1800 353 233 or www.sustainability.vic.gov.au

Department of Sustainability and Environment: www.dse.vic.gov.au

ISBN 978-1-74264-484-4 (print)
ISBN 978-1-74264-485-1 (online)

Disclaimer

This publication may be of assistance to you but the State of Victoria and its employees do not guarantee that the publication is without flaw of any kind or is wholly appropriate for your particular purposes and therefore disclaims all liability for any error, loss or other consequence which may arise from you relying on any information in this publication.

For more information about DPI go to www.dpi.vic.gov.au or phone the Customer Service Centre on 136186.