Public consultation of Draft regulations for e-waste ban

Overview

We are seeking public comment on the consultation draft of the Waste Avoidance and Resource Recovery (e-waste) Regulations 2023 (draft Regulations) using the feedback template in Appendix 1 of the information paper.

The draft Regulations have been developed under the Waste Avoidance and Resource Recovery Act 2007 and include the following key focus areas:

• a Schedule of applicable e-waste items, ensuring sufficient detail for the scope of items included in the ban
• regulatory obligations that focus on responsible waste management for:
  • e-waste service providers (e.g. collection network, recyclers, waste management industry)
  • commercial e-waste generators (where they are a ‘significant business’)
  • landfill operators
• reporting and recordkeeping obligations
• defences under certain circumstances
• exceptions considered out of scope
• exemptions for extraordinary circumstances.

Following the receipt of submissions, we will analyse the feedback and make recommendations to the Minister for Environment on the final regulations, which will give effect to the e-waste to landfill ban in Western Australia by 2024.

Background

Consultation with the community and industry was held from January to March 2023. A preferred option for implementation of the ban was described in that consultation and was confirmed as the preferred approach in the Decision Regulatory Impact Statement (DRIS).

The provisions in the draft Regulations consider the outcomes of consultation and learnings from other jurisdictions. They align with the guiding principles, objectives and intended outcomes of the ban, aiming to ensure increased material recovery from e-waste and responsible waste management of e-waste in Western Australia.

An E-waste Technical Advisory Group (ETAG), formed in June 2023, has also provided input towards the draft Regulations, particularly on operational and technical matters. The ETAG comprises representatives from industry, government and not-for-profits and peak bodies involved in e-waste generation and management in Western Australia.

Consultation open

We welcome written submissions on the draft Regulations, preferably using the template at Appendix 1 of the information paper.

The consultation period will run from 26 September 2023. The closing date for submissions is 5pm (WST) 22 November 2023.

No late submissions will be considered. Please note that submissions may be published on our website.

Questions about the consultation process and how to provide feedback can also be sent to e-waste@dwer.wa.gov.au.