Environment Protection Amendment Regulations 2021 (Vic)

Environment Protection Amendment Regulations 2021

S.R. No. 82/2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4Definitions

5Prescribed period for deciding permit applications

6Circumstances in which permit must be refused

7Prescribed period during which permits remain in force

8Prescribed fees for certain permits

9Schedule 1

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Endnotes

STATUTORY RULES 2021

S.R. No. 82/2021

Environment Protection Act 2017

Environment Protection Amendment Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 20 July 2021

Responsible Minister:

LILY D'AMBROSIO
Minister for Energy, Environment and Climate Change

SAMUAL WALLACE

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Environment Protection Regulations 2021 to provide for matters relating to the management of tunnel boring machine spoil.

2Authorising provision

These Regulations are made under section 465 of the Environment Protection Act 2017.

3Principal Regulations

In these Regulations, the Environment Protection Regulations 2021[1] are called the Principal Regulations.

4Definitions

In regulation 4 of the Principal Regulations insert the following definitions—

"containment system means a system used for the containment of tunnel boring machine spoil;

processing area means the area used for the receipt, consolidation and dewatering (if applicable) of tunnel boring machine spoil;

tunnel boring machine spoil means spoil (including soil, rock, sludge and water) generated by the operation of a tunnel boring machine used for developing transport infrastructure, but does not include spoil generated by the operation of a tunnel boring machine used for the relocation or installation of related non-transport infrastructure including the relocation or installation of services or utilities (such as gas, water or sewerage pipes, electricity cables);".

5Prescribed period for deciding permit applications

In regulation 27(1) of the Principal Regulations, for "or 34 (B02a—Livestock saleyards or holding pens—waste solely to land)" substitute ", 34 (B02a—Livestock saleyards or holding pens—waste solely to land) or 80 (L09—Disposing of tunnel boring machine spoil)".

6    Circumstances in which permit must be refused

After regulation 29(5) of the Principal Regulations insert—

"(6)For the purposes of section 81(4)(c) of the Act, it is a prescribed circumstance if, in the case of an application for a permit that specifies an activity set out in item 80 (L09—Disposing of tunnel boring machine spoil) in the Table in Schedule 1, the proposed boundary of any processing area is less than 200 metres from any building (other than a caretaker's house) that is a sensitive land use, including a residential dwelling, a health service, a childcare centre or an education centre.".

7Prescribed period during which permits remain in force

In regulation 30(c) of the Principal Regulations, for "or 77 (L06—Conducting more than 6 outdoor concerts)" substitute ", 77 (L06—Conducting more than 6 outdoor concerts) or 80 (L09—Disposing of tunnel boring machine spoil)".

8Prescribed fees for certain permits

In the definition of relevant activity in regulation 194(9) of the Principal Regulations—

(a)in paragraph (k), for "land)." substitute "land);";

(b)after paragraph (k) insert—

"(l)item 80 (L09—Disposing of tunnel boring machine spoil).".

9Schedule 1

(1)In item 1 in the Table in Schedule 1 to the Principal Regulations—

(a)in paragraph (c) in column 3, for "waste)" substitute "waste);";

(b)after paragraph (c) in column 3 insert—

"(d)item 80 (L09—Disposing of tunnel boring machine spoil)".

(2)In item 7 in the Table in Schedule 1 to the Principal Regulations—

(a)in paragraph (c) in column 3, for "land" substitute "land; or";

(b)after paragraph (c) in column 3 insert—

"(d)disposing of tunnel boring machine spoil in accordance with a permit that specifies an activity set out in item 80 (L09—Disposing of tunnel boring machine spoil) in this Table".

(3)For column 3 of item 79 in the Table in Schedule 1 to the Principal Regulations substitute—

"Receiving for treatment or amelioration Actual Acid Sulfate Soil or Potential Acid Sulfate Soil of waste code N123".

(4)After item 79 in the Table in Schedule 1 to the Principal Regulations insert—

"80 L09 (Disposing of tunnel boring machine spoil) Disposing of tunnel boring machine spoil generated at another site into a containment system (including receiving, storing, treating, reprocessing or handling the spoil at the site prior to disposal and waste containment and management operations after disposal), other than— (a)  disposing of spoil undertaken in accordance with a licence or permit issued under the Act; or (b)  containment of spoil for the purposes of using the spoil ·  Prescribed permit activity".

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Endnotes

[1] Reg. 3: S.R. No. 47/2021.