Environment Protection Amendment Regulations 2023 (Vic)
Environment Protection Amendment Regulations 2023
S.R. No. 115/2023
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provision
3Principal Regulations
4Definitions
5Prescribed circumstances for refusal of permission
6Regulation 21 amended
7Referral of development licence applications to prescribed agencies
8Circumstances in which permit must be refused
9What is industrial waste?
10Authorised to receive industrial waste
11What is priority waste?
12Authority may issue designation
13Councils must provide information
14Frequency spectrum
15Relevant noise standard
16Prescribed amendment fee for development licence
17Prescribed exemption fee for development licence
18Prescribed application fee for operating licence
19Prescribed amendment fee for operating licence
20Prescribed exemption fee for operating licence
21Prescribed application fee for pilot project licence
22Prescribed amendment fee for pilot project licence
23Prescribed fees for certain permits
24Prescribed application fee for permit to construct, install or alter an on-site wastewater management system
25Prescribed exemption fee for on-site wastewater management system permit
26Prescribed application fee for authorisation of emergency storage, use etc. of waste
27Prescribed fees for better environment plans
28Prescribed fee for revocation or variation of site management order
29Prescribed fee for application for exemption from a provision of the regulations or a legislative instrument
30Schedule 1 amended
31Schedule 7 amended
32Schedule 11 amended
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Endnotes
STATUTORY RULES 2023
S.R. No. 115/2023
Environment Protection Act 2017
Environment Protection Amendment Regulations 2023
The Governor in Council makes the following Regulations:
Dated: 8 November 2023
Responsible Minister:
STEVE DIMOPOULOS
Minister for EnvironmentSAMUAL WALLACE
Clerk of the Executive Council
1Objectives
The objectives of these Regulations are to amend the Environment Protection Regulations 2021—
(a)to prescribe additional fees, amend existing fees and make minor and technical amendments to those Regulations as a consequence of the coming into operation of the Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022; and
(b)to clarify that waste can be designated as not reportable priority waste; and
(c)to clarify authorising documents in relation to relevant noise standards for wind energy facilities; and
(d)to make minor technical amendments.
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—
(a)the definitions of approved motor vehicle tester and certificate of compliance are revoked;
(b)for the definition of authorising document substitute—
"authorising document means—
(a)a WEF planning permit; or
(b)a specific WEF planning control;";
(c)in the definition of kerbside recycling collection, for "a Waste and Resource Recovery Group" substitute "the Head, Recycling Victoria";
(d)in the definition of operation omit "over a 24-hour period";
(e)insert the following definitions—
"specific WEF planning control means a provision or provisions of a planning scheme, as amended from time to time, approved and in force under the Planning and Environment Act 1987 that authorises the construction or operation of a wind energy facility;
WEF planning permit means a planning permit, as amended from time to time, issued under the Planning and Environment Act 1987 that authorises the construction or operation of a wind energy facility;".
5Prescribed circumstances for refusal of permission
In regulation 19(1) of the Principal Regulations, after "involving a" insert "new".
6Regulation 21 amended
(1)For the heading to regulation 21 of the Principal Regulations substitute—
"Certain applications not complete until information provided".
(2)After regulation 21(1)(a)(iii) of the Principal Regulations insert—
"(iiia)section 68(1);".
(3)Regulation 21(2) of the Principal Regulations is revoked.
(4)In regulation 21(3) of the Principal Regulations—
(a)for "the information requested under subregulation (2)" substitute "all information required for the application";
(b)for "provided," substitute "provided".
7Referral of development licence applications to prescribed agencies
Regulation 22(1)(a) and (2) of the Principal Regulations are revoked.
8Circumstances in which permit must be refused
After regulation 29(6) of the Principal Regulations insert—
"(7)For the purposes of section 81(4)(c) of the Act, it is a prescribed circumstance if—
(a)the Authority considers the activity that is the subject of the application to be a prescribed development activity; and
(b)the applicant does not hold a development licence in respect of the prescribed development activity.".
9What is industrial waste?
In regulation 60(b) of the Principal Regulations, for "a Waste and Resource Recovery Group" substitute "the Head, Recycling Victoria".
10Authorised to receive industrial waste
For regulation 63(e) of the Principal Regulations substitute—
"(e)in relation to reclaimed wastewater, for use at a place or premises identified in a permit for an activity set out in item 22
(A14—Reclaimed wastewater supply or use) in the Table in Schedule 1 or that meets the description of a class of premises in that permit as a place or premises where the reclaimed wastewater can be used, if the wastewater is used for the purposes and circumstances set out in the permit; or".
11What is priority waste?
Regulation 65(2) of the Principal Regulations is revoked.
12Authority may issue designation
In regulation 86(7) of the Principal Regulations—
(a)in paragraph (e), for "priority waste." substitute "priority waste;";
(b)after paragraph (e) insert—
"(f)that the waste is not reportable priority waste;
(g)that the waste is not reportable priority waste (transactions);
(h)that the waste is not reportable priority waste (transport).".
13Councils must provide information
In regulation 100(1) of the Principal Regulations omit "for which a Waste and Resource Recovery Group is established".
14Frequency spectrum
In regulation 120 of the Principal Regulations, after "prescribed factor" insert "for noise emitted from commercial, industrial and trade premises".
15Relevant noise standard
(1)In Column 2 of item 1 in the Table in regulation 131B of the Principal Regulations, for "An authorising document" substitute "A WEF planning permit".
(2)In Column 2 of item 2 in the Table in regulation 131B of the Principal Regulations—
(a)in paragraph (a), for "An authorising document" substitute "A WEF planning permit";
(b)in paragraph (b), for "Any authorising document that has been amended" substitute "A WEF planning permit that has been amended in accordance with the Planning and Environment Act 1987".
(3)In item 3 in the Table in regulation 131B of the Principal Regulations—
(a)in Column 2, for "An authorising document that sets out" substitute "A WEF planning permit that contains";
(b)in Column 3, for "authorising document" substitute "WEF planning permit".
(4)After item 3 in the Table in regulation 131B of the Principal Regulations insert—
"4 (a) A specific WEF planning control that was inserted into the planning scheme by a planning scheme amendment made before 1 January 2011; or
(b) A specific WEF planning control reinserted into the planning scheme after 1 January 2011 (with or without amendment) by a planning scheme amendment that nevertheless specifies that a wind energy facility is subject to conditions that apply NZS 6808:1998 to the facility; or
NZS 6808:1998 (c) A specific WEF planning control that specifies that a wind energy facility is subject to conditions that apply NZS 6808:1998 to the facility 5 A specific WEF planning control that was inserted or reinserted (with or without amendments) into the planning scheme by a planning scheme amendment made after 1 January 2011, unless item 4(b), (c) or 6 applies NZS 6808:2010 6 A specific WEF planning control subject to conditions that modify or replace either NZS 6808:1998 or NZS 6808:2010 in relation to wind turbine noise Either NZS 6808:1998 or NZS 6808:2010 as specified in items 4 and 5, as modified or replaced by the specific WEF planning control". 16Prescribed amendment fee for development licence
(1)For regulation 174(1)(b) of the Principal Regulations substitute—
"(b)in any other case—243·73 fee units.".
(2)After regulation 174(1) of the Principal Regulations insert—
"(1A)For the purposes of section 50A(1)(b) of the Act, a fee is payable in the prescribed circumstance that the Authority's assessment of an application—
(a)is in respect of a case to which subregulation (1)(b) applies; and
(b)exceeds 38·1 hours.
(1B)For the purposes of section 50A(2) of the Act, the fee payable under subregulation (1A) is calculated by multiplying 6·4 fee units by the number of hours (or part of an hour) of the assessment exceeding 38·1 hours.".
(3)In regulation 174(2) of the Principal Regulations, for "subregulation (1)(b)" substitute "subregulations (1)(b) and (1B)".
17Prescribed exemption fee for development licence
(1)For regulation 175(1) of the Principal Regulations substitute—
"(1)For the purposes of section 80(3)(c) of the Act, the prescribed fee for an application for an exemption from section 44 of the Act in relation to a development licence is 68·8 fee units.
(1A)For the purposes of section 50A(1)(b) of the Act, a fee is payable in the prescribed circumstance that the Authority's assessment of an application referred to in subregulation (1) exceeds 10·9 hours.
(1B)For the purposes of section 50A(2) of the Act, the fee payable under subregulation (1A) is calculated by multiplying 6·29 fee units by the number of hours (or part of an hour) of the assessment exceeding 10·9 hours.".
(2)In regulation 175(2) of the Principal Regulations, for "subregulation (1)" substitute "this regulation".
18Prescribed application fee for operating licence
(1)For regulation 176(1) of the Principal Regulations substitute—
"(1)For the purposes of section 50(1)(b) of the Act, the prescribed fee for an application for an operating licence is 84·78 fee units.
(1A)For the purposes of section 50A(1)(b) of the Act, a fee is payable in the prescribed circumstance that the Authority's assessment of an application referred to in subregulation (1) exceeds 13 hours.
(1B)For the purposes of section 50A(2) of the Act, the fee payable under subregulation (1A) is calculated by multiplying 6·53 fee units by the number of hours (or part of an hour) of the assessment exceeding 13 hours.".
(2)In regulation 176(2) of the Principal Regulations, for "subregulation (1)" substitute "this regulation".
(3)In regulation 176(3) of the Principal Regulations, for "subregulation (1)" substitute "subregulations (1) and (1A)".
19Prescribed amendment fee for operating licence
(1)For regulation 180(1)(b)(ii) of the Principal Regulations substitute—
"(ii)131·34 fee units.".
(2)After regulation 180(1) of the Principal Regulations insert—
"(1A)For the purposes of section 50A(1)(b) of the Act, a fee is payable in the prescribed circumstance that the Authority's assessment of an application—
(a)is in respect of a case to which subregulation (1)(b) applies; and
(b)exceeds 20·1 hours.
(1B)For the purposes of section 50A(2) of the Act, the fee payable under subregulation (1A) is calculated by multiplying 6·54 fee units by the number of hours (or part of an hour) of the assessment exceeding 20·1 hours.".
(3)For regulation 180(2) of the Principal Regulations substitute—
"(2)The total fee calculated under subregulations (1)(b)(ii) and (1B) must not exceed the lesser of—
(a)10% of the last annual fee invoiced; or
(b)1165·51 fee units.".
20Prescribed exemption fee for operating licence
(1)For regulation 182(1) of the Principal Regulations substitute—
"(1)For the purposes of section 80(3)(c) of the Act, the prescribed fee for an application for an exemption from section 45 of the Act in relation to an operating licence is 68·8 fee units.
(1A)For the purposes of section 50A(1)(b) of the Act, a fee is payable in the prescribed circumstance that the Authority's assessment of an application referred to in subregulation (1) exceeds 10·9 hours.
(1B)For the purposes of section 50A(2) of the Act, the fee payable under subregulation (1A) is calculated by multiplying 6·29 fee units by the number of hours (or part of an hour) of the assessment exceeding 10·9 hours.".
(2)In regulation 182(2) of the Principal Regulations, for "subregulation (1)" substitute "this regulation".
21Prescribed application fee for pilot project licence
(1)For regulation 183(1) of the Principal Regulations substitute—
"(1)For the purposes of section 50(1)(b) of the Act, the prescribed fee for an application for a pilot project licence is 1047·39 fee units.
(1A)For the purposes of section 50A(1)(b) of the Act, a fee is payable in the prescribed circumstance that the Authority's assessment of an application referred to in subregulation (1) exceeds 145·9 hours.
(1B)For the purposes of section 50A(2) of the Act, the fee payable under subregulation (1A) is calculated by multiplying 7·18 fee units by the number of hours (or part of an hour) of the assessment exceeding 145·9 hours.".
(2)In regulation 183(2) of the Principal Regulations, for "subregulation (1)" substitute "this regulation".
22Prescribed amendment fee for pilot project licence
(1)For regulation 185(1)(b) of the Principal Regulations substitute—
"(b)in any other case—243·73 fee units.".
(2)After regulation 185(1) of the Principal Regulations insert—
"(1A)For the purposes of section 50A(1)(b) of the Act, a fee is payable in the prescribed circumstance that the Authority's assessment of an application—
(a)is in respect of a case to which subregulation (1)(b) applies; and
(b)exceeds 38·1 hours.
(1B)For the purposes of section 50A(2) of the Act, the fee payable under subregulation (1A) is calculated by multiplying 6·4 fee units by the number of hours (or part of an hour) of the assessment exceeding 38·1 hours.".
(3)In regulation 185(2) of the Principal Regulations, for "subregulation (1)(b)" substitute "subregulations (1)(b) and (1B)".
23Prescribed fees for certain permits
(1)For regulation 194(3) of the Principal Regulations substitute—
"(3)For the purposes of section 57(3)(b) of the Act, the prescribed fee for an application to the Authority to amend a permit that specifies a relevant activity is 22·87 fee units.
(3A)For the purposes of section 50A(1)(b) of the Act, a fee is payable in the prescribed circumstance that the Authority's assessment of an application referred to in subregulation (3) exceeds 3·9 hours.
(3B)For the purposes of section 50A(2) of the Act, the fee payable under subregulation (3A) is calculated by multiplying 5·89 fee units by the number of hours (or part of an hour) of the assessment exceeding 3·9 hours.".
(2)In regulation 194(4) of the Principal Regulations, for "subregulation (3)" substitute "subregulations (3) and (3B)".
(3)For regulation 194(6) of the Principal Regulations substitute—
"(6)For the purposes of section 82(2)(c) of the Act, the prescribed fee for an application under section 82(1) of the Act to exempt a permit that specifies a relevant activity is 45·68 fee units.
(6A)For the purposes of section 50A(1)(b) of the Act, a fee is payable in the prescribed circumstance that the Authority's assessment of an application referred to in subregulation (6) exceeds 6·4 hours.
(6B)For the purposes of section 50A(2) of the Act, the fee payable under subregulation (6A) is calculated by multiplying 7·16 fee units by the number of hours (or part of an hour) of the assessment exceeding 6·4 hours.".
(4)In regulation 194(7) of the Principal Regulations, for "subregulation (6)" substitute "subregulations (6) and (6B)".
24Prescribed application fee for permit to construct, install or alter an on-site wastewater management system
(1)For regulation 196(1)(b) of the Principal Regulations substitute—
"(b)in the case of an application that specifies the construction, installation or alteration (other than a minor alteration) of an on-site wastewater management system—48·88 fee units.".
(2)After regulation 196(1) of the Principal Regulations insert—
"(1A)For the purposes of section 50A(1)(b) of the Act, a fee is payable in the prescribed circumstance that the council's assessment of an application—
(a)is in respect of a case to which subregulation (1)(b) applies; and
(b)exceeds 8·2 hours.
(1B)For the purposes of section 50A(2) of the Act, the fee payable under subregulation (1A) is calculated by multiplying 6·12 fee units by the number of hours (or part of an hour) of the assessment exceeding 8·2 hours.".
(3)In regulation 196(2) of the Principal Regulations, for "subregulation (1)(b)" substitute "subregulations (1)(b) and (1B)".
25Prescribed exemption fee for on-site wastewater management system permit
(1)For regulation 199(1) of the Principal Regulations substitute—
"(1)For the purposes of section 83(2)(c) of the Act, the prescribed fee for an application to a council for an exemption from section 46 of the Act in relation to an activity set out in item 28 (A20—On-site wastewater management systems) in the Table in Schedule 1 is 14·67 fee units.
(1A)For the purposes of section 50A(1)(b) of the Act, a fee is payable in the prescribed circumstance that the council's assessment of an application referred to in subregulation (1) exceeds 2·6 hours.
(1B)For the purposes of section 50A(2) of the Act, the fee payable under subregulation (1A) is calculated by multiplying 5·94 fee units by the number of hours (or part of an hour) of the assessment exceeding 2·6 hours.".
(2)In regulation 199(2) of the Principal Regulations, for "subregulation (1)" substitute "this regulation".
26Prescribed application fee for authorisation of emergency storage, use etc. of waste
(1)For regulation 209(1) of the Principal Regulations substitute—
"(1)For the purposes of section 157(4)(b) of the Act, the prescribed fee is 70·77 fee units.
(1A)For the purposes of section 157A(1)(b) of the Act, a fee is payable in the prescribed circumstance that the Authority's assessment of an application under section 157(1) of the Act exceeds 10·9 hours.
(1B)For the purposes of section 157A(2) of the Act, the fee payable under subregulation (1A) is calculated by multiplying 6·47 fee units by the number of hours (or part of an hour) of the assessment exceeding 10·9 hours.".
(2)In regulation 209(2) of the Principal Regulations, for "subregulation (1)" substitute "this regulation".
27Prescribed fees for better environment plans
(1)For regulation 210(3) of the Principal Regulations substitute—
"(3)For the purposes of section 181(3)(c) of the Act, the prescribed fee is 103·29 fee units.
(3A)For the purposes of section 181A(1)(b) of the Act, a fee is payable in the prescribed circumstance that the Authority's assessment of a submission under section 181 of the Act exceeds 14·9 hours.
(3B)For the purposes of section 181A(2) of the Act, the fee payable under subregulation (3A) is calculated by multiplying 6·94 fee units by the number of hours (or part of an hour) of the assessment exceeding 14·9 hours.".
(2)In regulation 210(4) of the Principal Regulations, for "subregulation (3)" substitute "subregulations (3) and (3B)".
28Prescribed fee for revocation or variation of site management order
(1)For regulation 213(1) of the Principal Regulations substitute—
"(1)For the purposes of section 277(2) of the Act, the prescribed fee is 103·29 fee units.
(1A)For the purposes of section 277A(1)(b) of the Act, a fee is payable in the prescribed circumstance that the Authority's assessment of an application under section 277 of the Act exceeds 14·9 hours.
(1B)For the purposes of section 277A(2) of the Act, the fee payable under subregulation (1A) is calculated by multiplying 6·94 fee units by the number of hours (or part of an hour) of the assessment exceeding 14·9 hours.".
(2)In regulation 213(2) of the Principal Regulations, for "subregulation (1)" substitute "this regulation".
29Prescribed fee for application for exemption from a provision of the regulations or a legislative instrument
(1)For regulation 214(1) of the Principal Regulations substitute—
"(1)For the purposes of section 459(3)(b) of the Act, the prescribed fee is 45·68 fee units.
(1A)For the purposes of section 459AA(1)(b) of the Act, a fee is payable in the prescribed circumstance that the Authority's assessment of an application for an exemption under section 459 exceeds 6·4 hours.
(1B)For the purposes of section 459AA(2) of the Act, the fee payable under subregulation (1A) is calculated by multiplying 7·16 fee units by the number of hours (or part of an hour) of the assessment exceeding 6·4 hours.".
(2)In regulation 214(2) of the Principal Regulations, for "subregulation (1)" substitute "this regulation".
30Schedule 1 amended
(1)In item 20 in the Table in Schedule 1 to the Principal Regulations, for "10 000 m3 or more" substitute "5000 m3 or more".
(2)In item 37 in the Table in Schedule 1 to the Principal Regulations—
(a)for "solely to land" substitute "solely to land or groundwater";
(b)after paragraph (b) insert—
"Note
The discharge or deposit of waste to groundwater may be an activity set out in item 26 (A18—Discharge or deposit of waste to aquifer) in this Table, which is a prescribed permit activity.".
(3)In item 55 in the Table in Schedule 1 to the Principal Regulations, for "Internal washing or cleansing of bulk transport containers that" substitute "Receiving bulk transport containers for the purpose of internal washing or cleansing, where the containers".
31Schedule 7 amended
In Part B of Schedule 7 to the Principal Regulations omit "Vehicle Identification Number (VIN)".
32Schedule 11 amended
In clause (1)(a)(vii) of Table 2 in Schedule 11 to the Principal Regulations, for "greater than 0·5 mg/L" substitute "0·5 mg/L or less".
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ENDNOTES
[1] Reg. 3: S.R. No. 47/2021 as amended by S.R. Nos 82/2021, 92/2021, 123/2021, 131/2021, 132/2021, 85/2022, 86/2022 and 120/2022.
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Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2023 is $15.90. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 15(4) which inserts items 4 and 6 in the Table in regulation 131B of the Environment Protection Regulations 2021 | New Zealand Standard NZS 6808:1998, Acoustics—The assessment and measurement of sound from wind turbine generators, published by Standards New Zealand on 21 April 1998 | The whole |
| Regulation 15(4) which inserts items 5 and 6 in the Table in regulation 131B of the Environment Protection Regulations 2021 | New Zealand Standard NZS 6808:2010, Acoustics—Wind farm noise, published by Standards New Zealand on 1 March 2010 | The whole |
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0
0