Question Without Notice No. 568 asked in the Legislative Council on 14 August 2018 by Hon Dr Steve Thomas
Parliament: 40 Session: 1
DEPARTMENT OF WATER AND ENVIRONMENTAL REGULATION —LANDFILL WASTE CLASSIFICATION AND WASTE DEFINITIONS
568. Hon Dr STEVE THOMAS to the Minister for Environment:
I refer to table 6 of the Department of Water and Environmental Regulation's document titled ''Landfill Waste Classification and Waste Definitions 1996 (as amended 2018)'' published in April 2018, which is enlivened by the Environmental Protection Amendment Regulations 2018 gazetted on 27 April 2018.
(1) What was the scientific and/or technical rationale upon which DWER relied in determining the maximum concentration and leaching test levels?
(2) Were the DWER maximum concentration levels taken from or based on any other jurisdictions, guidelines or research documentation; and, if so, what was the source and will the minister table it?
(3) Did DWER or any other agency conduct any risk-based assessments in determining these levels?
(4) Which, if any, of the maximum concentration levels exceed wholly or in part background levels for soils of the Swan coastal plain; and, if so, why?
(5) Was a regulatory impact assessment of the effect of the Environmental Protection Amendment Regulations 2018 conducted; and, if so, will the minister please table it?
Hon STEPHEN DAWSON replied:
I thank the honourable member for some notice of the question.
(1) Maximum concentration and leaching test thresholds for uncontaminated fill were set at a conservative level to ensure no risk to human health or environmental values. This allows for the reuse of waste material at any location, including sensitive receptors on the Swan coastal plain. It also delivers a straightforward and consistent approach for industry without the need for licensing or payment of the waste levy.
(2) The list of key source documents considered form appendix B of the consultation summary report available on the Department of Water and Environmental Regulation's website and is now tabled.
[See paper 1597.]
(3) The thresholds were developed having regard to published generic risk-based criteria for the assessment of contaminants in the environment tabled in response to question (2). These published criteria are based on available toxicological data and are set at levels below which adverse effects to human health, the environment or any environmental value would not be expected to occur.
(4) The thresholds were also developed having regard to available data on background concentrations for contaminants in soils of the Swan coastal plain. Thresholds were adopted that would not be lower than typical ambient background levels encountered in soils of the Swan coastal plain.
(5) The proposed changes to the regulations were considered by the Better Regulation Unit of the Department of Treasury consistent with its regulatory impact assessment process. The Department of Treasury advised that a regulatory impact assessment was not required.