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What part of the Pasteurised Garden Organic Order and Exemption applies to Council and what requirements are expected from Council?

The Mulch Order 2016 applies to unpasteurised/raw mulch which by virtue of the nature and source of the plant material, poses minimal risk of the presence of physical and chemical contaminants and does not include plant material obtained from kerbside waste collection.  Whilst the need for pasteurisation may be dispensed with on the tree clippings obtained from Council’s tree maintenance operations and as such this mulch will only be subject to the provisions in the Mulch Order 2016 and Mulch Exemption 2016 [Click here to see our article:How do the new Mulch Order and Exemption 2016 impact on Councils’ tree maintenance operations?]. However, if the plant material used for mulch also contains kerbside waste collection or tree material that has a significant risk of contaminants, mulch processed from such a mixed source may pose a risk of the presence of contaminants and therefore falls outside the definition of mulch in the Mulch Order 2016. Mulch of this kind is regulated by Pasteurised Garden Organic Order 2016 (PGOO) and Pasteurised Garden Organic Exemption 2016 (PGOE).
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How do the new Mulch Order and Exemption 2016 Impact on Councils’ tree maintenance operations?

Many local councils have long established practices to process tree clippings from its tree maintenance operations through its wood chipping machine into leaf and woodchip. As part of the pasteurisation process, the leaf and woodchip is then stockpiled in concrete bays for months and turned over and hosed on a regular basis. The finished mulch product will then be used as surface mulch to suppress weeds on councils’ gardens in parks, reserves and street scape plantings. Some councils also regularly supply this mulch to local schools and residents, sometimes free of charge.

  • New Resource Recovery Orders and Exemptions
  • On 25 July 2016 the Environment Protection Authority issued the revised Resource Recovery Orders and Resource Recovery Exemptions under clause 93 of the Protection of the Environment Operations (Waste) Regulation 2014 to replace Raw Mulch Order 2014 and Raw Mulch Exemption The new orders impose the requirements that must be met by suppliers of mulch to which ‘the mulch exemption 2016’ applies. The new orders also make distinction between non-pasteurised mulch and pasteurised mulch.
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