CERTIFICATIONS

A summary of the environmental legislation regarding paint waste is provided below.
Note: This is a brief interpretation of the acts and regulations, detailed advice for your particular situation and operations, and should be sought from your environmental and/or legal officers.
It appears that environmental liabilities associated with paint waste fall under two main pieces of legislation;
The Environmental Protection Act (EP Act); and
The Environmental Protection (Waste Management) Regulations (Waste Regulations).

The EP Act
The EP Act specifies a general duty to not cause, environmental harm (S 319), however the measures taken to prevent environmental harm are to take into account the nature of the environmental harm or potential environmental harm, as well as the financial implications.
The EP Act applies to the State (S 22).

Waste Regulations
Waste from "the manufacture, formulation or use" of "paints" is considered a 'trackable' waste. (Schedule 1 - Waste Code F100). This implies that quantities of paint waste transported from a worksite to a depot may require a waste tracking process. There appears to be no specified minimum quantity that does not require the need for tracking the waste for commercial purposes.
Also, if the load of 'trackable waste' exceeds 250 kg, it can only be carried by a transporter licenced to carry regulated wastes.

Penalties
With regard to penalties, the Waste Regulations (S9) specify that: "A person must not dispose of more than 20 L of waste at a place Penalty: 165 Penalty Units for more than 200L or 40 penalty units for less than 200L"
(Note: From the Penalties and Offences Act (S5), a Penalty Unit is $ 75.00)
Therefore the penalties for disposing of a waste are $3000 for less than 200 litres or $12,375 for greater than 200 litres.
Burnett Shire Council 5 Dec. 2003
Caloundra City Council 2 Nov. 1999
Maroochy Shire Council  12 Oct. 1998
Noosa Council  18 Mar. 1999
Rockhampton City Council  11 Sep. 2001
CitiWater Townsville  23 Oct. 2003
Brisbane Water  18 Oct. 2002
Brisbane Water  3 Oct. 2003
Brisbane Water  18 Oct. 2002
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