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Minimising Waste on the Construction Site

Chapter 4: Government Legislation and Regulations

Produced by Pointsbuild in partnership with the Master Builders Association of NSW

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Copyright and disclaimer The Office of Environment and Heritage and the State of NSW are pleased to allow this material to be used, reproduced and adapted, provided the meaning is unchanged and its source, publisher and authorship are acknowledged. The Office of Environment and Heritage has made all reasonable effort to ensure that the contents of this document are factual and free of error. However, the State of NSW and the Office of Environment and Heritage shall not be liable for any damage which may occur in relation to any person taking action or not on the basis of this document. Office of Environment and Heritage, Department of Premier and Cabinet59 Goulburn Street, Sydney NSW 2000PO Box A290, Sydney South NSW 1232Phone: (02) 9995 5000 (switchboard)Fax: (02) 9995 5999TTY: (02) 9211 4723Email: [email protected]: www.environment.nsw.gov.au

Minimising Waste on the Construction Site: Chapter 4 – Government Legislations & Regulations____________________________________________________________________________________________

Table of contents4 Government Legislation & Regulations...............................................................................................3

4.1 Overview......................................................................................................................................3

4.2 Background..................................................................................................................................4

4.3 Builders Responsibilities..............................................................................................................8

__________________________________________________________________________________________ Unit of Competency: CPCCBC4021A


4 Government Legislation & Regulations4.1 OverviewAs a builder you are required to be familiar with Commonwealth, State and Territory, and Local government legislation and regulations impacting on construction waste generation and management related to:

• environment protection • occupational health and safety • ethical behaviour • fair trading and consumer protection: • confidentiality • conflict of interest • duty of care • non-discriminatory practices • privacy • residential tenancies • waste and waste management • waste use assessment: • accreditation • assessment procedures • certification • documentation

You need to know your responsibilities for managing waste from your construction site. The builder is considered to be the “owner” of the waste and you are responsible for the waste during handling onsite, transport and disposal at a location that can lawfully accept it.

As Principal Contractor, the builder is responsible for the waste onsite that may not necessarily be under their direct control and supervision, that is the responsibility of contractors, suppliers and staff. Sub contract and supply agreements must specify who takes responsibility for the materials and waste onsite and who is responsible for its safe handling and disposal on completion of the project.

All States and Territories have heavy fines and penalties in place for breaches of the law. In NSW for example, if waste is dumped illegally and causes harm to the environment, the maximum penalty is $5 million or 7 years’ jail!!

__________________________________________________________________________________________ Unit of Competency: CPCCBC4021A 1


Figure 1 Penalties can be severe for breaking the law

4.2 Background

Australian governments have a long history of collaboration on waste policy and actions. The first comprehensive domestic approach to waste was agreed under the 1992 National Strategy for Ecologically Sustainable development by the Council of Australian Governments. Governments committed to improving the efficiency with which resources are used, reduce the impact on the environment of waste disposal, and improve the management of hazardous wastes.

However, waste generation has continued to grow, and our increased efforts at recycling and reuse are not keeping up. Waste generation has increased by 31 per cent to 43.8 million tonnes over the period 2002-03 to 2006-07. Hazardous waste generation (as defined under the Basel Convention) has doubled from 0.64 million tonnes to 1.19 million tonnes per annum over the period 2002-03 to 2006-07 and now appears to have stabilised. Resource recovery from waste has increased over this period to 22.7 million tonnes.

The nature of waste has changed, with more complex goods now a significant component of landfill. The changing nature of the waste stream is affecting our capacity to recover materials from discarded products.

The National Waste Policy heralds a new, coherent, efficient and environmentally responsible approach to waste management in Australia. The policy, agreed by all Australian environment ministers in November 2009, and endorsed by the Council of Australian Governments, sets Australia's waste management and resource recovery direction to 2020.

This National Waste Policy builds on earlier commitments and responds to the new waste environment, the policy covers wastes, including hazardous wastes and substances, in the municipal, commercial and industrial, construction and demolition waste streams and covers gaseous, liquid and solid wastes. Radioactive waste is excluded.

Aims of the National Waste Policy



The aims of the National Waste Policy are to:

avoid the generation of waste, reduce the amount of waste (including hazardous waste) for disposal

manage waste as a resource ensure that waste treatment, disposal, recovery and re-use is undertaken in a safe, scientific and

environmentally sound manner, and contribute to the reduction in greenhouse gas emissions, energy conservation and production, water efficiency and the productivity of the land.

Six key areas

The policy sets directions in six key areas and identifies 16 priority strategies that would benefit from a national or coordinated approach. These strategies will provide focus to the work across individual jurisdictions, build on current directions and complement existing activity. They will also provide clarity and certainty for business and the community.

The six key areas are:

1. Taking responsibility-Shared responsibility for reducing the environmental, health and safety footprint of products and materials across the manufacture-supply-consumption chain and at end-of-life.

2. Improving the market-Efficient and effective Australian markets operate for waste and recovered resources, with local technology and innovation being sought after internationally.

3. Pursuing sustainability-Less waste and improved use of waste to achieve broader environmental, social and economic benefits.

4. Reducing hazard and risk - reduction of potentially hazardous content of wastes with consistent, safe and accountable waste recovery, handling and disposal.

5. Tailoring solutions-Increased capacity in regional, remote and Indigenous communities to manage waste and recover and re-use resources.

6. Providing the evidence-Access by decision makers to meaningful, accurate and current national waste and resource recovery data and information to measure progress and educate and inform the behaviour and the choices of the community.

The policy will also complement other government action to deliver greenhouse gas emission reductions, reduce energy and water use, support jobs and invest in future long term economic growth. It will provide the basis for collaboration between the jurisdictions to deliver effective and efficient approaches to national waste issues and ensure that waste management remains aligned with Australia's international



obligations.

Priority strategies

The policy contains sixteen strategies and the role of relevant jurisdictions:

1. Product stewardship framework legislation to allow the impacts of a product to be responsibly managed during and at end-of-life. (Australian Government).

2. Sustainable procurement principles and practices across and within government operations. (Individual jurisdictions).

3. Better packaging management. (Collaboration).

4. National definition and classification system for wastes (including hazardous and clinical wastes) that aligns with international conventions and has provision for items that have ceased to be classed as waste. (Collaboration).

5. National principles, specifications, best practice guidelines and standards to remove impediments to effective markets for potential wastes. (Collaboration).

6. Access to knowledge and expertise in sustainable procurement and business practices. (Collaboration).

7. Continued government focus to reduce the amount of biodegradable material sent to landfill. (States and territories individually).

8. Management of safety and health risks arising from landfill gas emissions. (States and territories individually).

9. Strategy for emissions from landfills and other waste activities not covered by the operation of a future Carbon Pollution Reduction Scheme. (Australian Government led collaboration).

10. Improvements in waste avoidance and re-use of materials in the commercial and industrial waste stream. (State and territory led collaboration).

11. Continued government encouragement of best practice waste management and resource recovery for construction and demolition projects. (Individual jurisdictions).

12. Responsibility to meet international obligations; reduce hazardous materials entering the waste stream; dispose of and move transboundary waste in an environmentally sound manner in appropriate facilities. (Australian Government led collaboration).

13. Adoption of a system that aligns with international approaches to reduce hazardous substances in



products and articles sold in Australia. (Australian Government led collaboration).

14. Identify actions to build capacity and ensure an appropriate suite of services is available to regional and remote communities. (States and territories individually).

15. Audit of existing waste infrastructure and local capability in selected remote Indigenous communities as part of essential services audit under the COAG National Indigenous Housing Partnership. (Australian Government).

16. Publish a three yearly waste and resource recovery report, underpinned by a system that provides access to integrated national core data on waste and resource recovery (Australian Government).

Government information can be found on the following web sites

Australian Capital Territory Department of Territory and Municipal Serviceswww.tams.act.gov.au/live/Recycling_and_Waste

New South Wales Department of Environment and Climate Changewww.environment.nsw.gov.au/waste

Department of Energy, Utilities and Sustainabilitywww.deus.nsw.gov.au/Sustainability/Sustainability.asp

Northern Territory Department of Natural Resources, Environment and the Artswww.nt.gov.au/nreta/environment/waste/index.html Queensland Department of Environmentwww.epa.qld.gov.au/environmental_management/waste/waste_management/

South Australia Zero Waste SAwww.zerowaste.sa.gov.au/Home.mvc

Tasmania Department of the Environment, Parks, Heritage and the Artswww.environment.tas.gov.au/index.aspx?base=346

Victoria Department of Sustainability and Environmentwww.dse.vic.gov.au


http://www.dse.vic.gov.au/

http://www.environment.tas.gov.au/index.aspx?base=346

http://www.zerowaste.sa.gov.au/Home.mvc

http://www.epa.qld.gov.au/environmental_management/waste/waste_management/

http://www.nt.gov.au/nreta/environment/waste/index.html

http://www.deus.nsw.gov.au/Sustainability/Sustainability.asp

http://www.environment.nsw.gov.au/waste

http://www.tams.act.gov.au/live/Recycling_and_Waste


Sustainability Victoriawww.sustainability.vic.gov.au/www/html/1517-home-page.asp

Western Australia Waste Authoritywww.zerowastewa.com.au

4.3 Builders ResponsibilitiesAll States and Territories require builders to take responsibility for their construction sites and disposal of waste.

Builders MUST abide by the law and handle and dispose of waste on a construction site lawfully. Relying on advice from others cannot be used as a defence if the law is broken.

To avoid problems, fines and penalties, the builder should use the following points as a guide.

Know what types of waste will be generated during excavation, demolition and construction Check if there are any special requirement stipulated by the local authority or EPA for the site as

part of the building approval documentation Prepare and implement a waste management plan for the project that includes -

o Details of each type of waste and action to handle and dispose of it correctlyo Procedures to ensure the waste is disposed of lawfully in the correct placeo A description of the roles and responsibilities of everyone who handles the waste

including staff, suppliers and contractors. Carry out a risk assessment of the types of waste present on site and ensure the waste

management plan reflects the risks involved Provide adequate resources to ensure the waste management plan is implemented correctly Update and review the waste management plan during the project and change process as

required Provide training on the waste management plan where required to staff, suppliers and

contractors Keep accurate written records of the processes employed under the waste management plan.

At any time, builders may be asked to provide information that they are complying with the law.

It is important that builders maintain written records on their project that includes:

Waste types identified on site, the risk level identified and the actions taken to address them Management plan for the project including handling and storage procedures Incident and response reports Records of waste disposal


http://www.zerowastewa.com.au/

http://www.sustainability.vic.gov.au/www/html/1517-home-page.asp


In the next Chapter we will review the 4 main areas of a building project and their impact on waste.


Questions - Government Legislation and Regulations

1. Who is considered responsible for the lawful disposal of waste from a building project?A. Sub ContractorB. ClientC. BuilderD. Supplier

2. Which statement best describes what records a builder must keep reading waste handling and disposal on a building project?

A. Site management plan, risk assessment records, incident and response reports, records of waste handling and disposal, onsite training programs

B. Site management plan, risk assessment records, incident and response reports, records of waste handling and disposal

C. Site management plan, incident and response reports, onsite training programsD. Risk assessment records, incident and response reports, onsite training programsE. No records required to be kept


Acknowledgements

Figure 1 Department of Environment & Climate Change - NSW


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