Waste tyres are defined in the Environmental Protection Regulation 2019 as 'end-of-life tyres' (EOL tyres) and refer to a used tyre that is no longer attached to a vehicle. It is important to note that an EOL tyre is not a reflection of its 'lawfulness' or whether it still has legal tread remaining for road use.

The Department of Environment, Science and Innovation (the department) regulates the storage, transport and disposal of particular waste (including EOL tyres) that presents a higher risk to human health and the environment.

All parties involved in the generation, transport and receipt (including disposal or reuse) of EOL tyres collectively are referred to as waste handlers. Every person, as a waste handler, has legal obligations for the lawful transportation, disposal, and management of waste.

Responsibilities of generator

A generator, when used in the context of tracking waste, is a commercial or industrial business that produces or stores trackable waste and arranges for this waste to be sent for storage, recycling, treatment or disposal at another location via an authorised transporter. A business may still be taken to be a generator of EOL tyres regardless of whether the business generated the waste or received it from someone else.

A generator that is receiving and storing more than 4 tonnes or 4m³ of EOL tyres at any one time (approximately 500 passenger tyres), are required to hold an environmental authority, specifically (ERA) 62 – Resource recovery and transfer facility operation for which an EA is required.

EOL tyre generators are legally required to record, keep and submit waste tracking information to the department when EOL tyres are transported from your site. This information, known as prescribed information, is required to be completed for every load of EOL tyres being transported from your site. An exception to this requirement is if the generator has engaged another business to submit the prescribed information under an agent's agreement.

EOL tyres generators must provide the transporter with prescribed information that they will provide to the waste facility taking the EOL tyres (regulated waste). This information is known as waste tracking.

Responsibilities of the transporter

A transporter of EOL tyres is anyone who commercially transports the trackable waste from its place of generation or storage to another location. Transportation includes, but is not limited to, truck, tanker, trailer and semitrailer, train, boat or aircraft.

Tyre retailers (waste generators) are required to ensure the individual or company engaged to transport any amount of EOL tyres operates under a relevant EA for ERA 57 – Transporting Regulated Waste and completes documentation for waste tracking. It is recommended that tyre retailers obtain a copy of the EA before allowing any person to remove EOL tyres. It is an offence under s.96 of the Environmental Protection Regulation 2019 for a generator to give trackable regulated waste to a transporter who does not hold an EA for ERA57.

If a tyre retailer chooses to transport EOL tyres themselves, the transporter may not need to hold an EA for ERA 57 if all of the following criteria is met:

1. the person transporting the waste is the occupier of the commercial premises where the waste is generated; and
2. the waste is transported from the premises free of charge; and
3. no more than 250kg of waste is being transported in the vehicle.

The transporter may also need to utilise waste transport certificates.

If these requirements are not met, tyre retailers will need to obtain an EA for ERA 57 from the department or engage a licensed transporter to transport the waste.

Responsibilities of receiver

A receiving waste facility is defined as a facility that operates the recycling, reprocessing, treatment, storage, incineration, conversion to energy, sorting, consolidation or disposal (including disposal to landfill) of waste.

To operate a receiving waste facility, you must hold an Environmental Authority (EA) for the relevant Environmentally Relevant Activity (ERA).

In addition to obligations relating to the conditions of the EA, and the Environmental Protection Act 1994 (EP Act), the receiving facility also has responsibilities relating to the waste tracking of EOL tyres. These include:

• Recording of the prescribed information onto the waste tracking form (paper-based WTC) or via the Connect system at the time the waste is received.
• Provide a copy of this information to the department by either emailing or posting the completed paper WTC to the department within 7 days of the waste being received OR submitting the information to Connect.
• Notify the department within 7 days of becoming aware of a discrepancy in the information received from the transporter when compared to the nature of the actual load of waste received. For example, the transporter has indicated that 200 tyres have been transported but there are only 100 tyres that you have received.
• Keep the records identified above for at least 5 years.

Read the Management of end-of-life tyres (waste tyres) information sheet (PDF, 283KB).

End of life tyres as a resource

The end of waste (EOW) framework recognises the value of waste by providing a process for the development of new markets for recovered waste materials. It provides certainty about when, and under what circumstances, a waste ceases to be waste and is considered a resource under Chapter 8 of the Waste Reduction and Recycling Act 2011.

Under the EOW framework, a waste can be deemed a resource under an EOW code or an EOW approval. EOW codes relate to any registered resource producer for the respective codes and an EOW approval relates to only the holder of the approval. An EOW approval is issued to a single holder for the purpose of trialling the use of a waste as a resource to provide proof of concept.

A waste can be approved as a resource (called an end of waste resource) if the department considers that it meets specified quality criteria for specified use prior to it going to the end user. If a waste is approved as an end of waste resource under the WRR Act, it is no longer considered a waste for the purposes of the EP Act as described in s.13 of that Act until it is disposed or otherwise illegally dumped or littered.

Read about the End of waste framework.

Also consider...

• Find out how to apply for an environmental authority (EA).
• Learn more about environmentally relevant activities (ERA).
• Find forms and fees for environmental authorities.