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Factsheet -Assessing whether material is waste 1 Factsheet - Assessing whether material is waste Purpose The purpose of this Fact Sheet is to: (a) set out the matters relevant to determining whether material is "waste" within the meaning of the Environmental Protection Act 1986 (EP Act) and the Waste Avoidance Resource Recovery Act 2007 (WARR Act) and their associated regulations; and (b) thereby provide information to industry on how the Department proposes to assess whether material is waste when exercising its powers and performing its functions under this legislation. DWER considers that it is the responsibility of the person in possession of material to determine whether it is waste or not. If you are unsure of whether the material you hold is waste or whether certain provisions in the legislation apply to you, DWER recommends that you seek your own legal advice. Background DWER administers Part V Division 3 of the EP Act, including the licensing of prescribed premises. A number o...