Environment Protection Further Revocation Regulations 2021 (Vic)

Version No. 001

Environment Protection Further Revocation Regulations 2021

S.R. No. 131/2021

Version as at

26 October 2021

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Principal Regulations

4Revocation

5Definitions

6Prediction, measurement, assessment and analysis of noise must be in accordance with Noise Protocol

7Revocation of Division 5 of Part 5.3

8Functions of environmental auditors

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Environment Protection Further Revocation Regulations 2021

S.R. No. 131/2021

Version as at

26 October 2021

1Objectives

The objectives of these Regulations are—

(a)to revoke the Environment Protection Amendment (Wind Turbine Noise) Regulations 2021; and

(b)to undo the amendments made by those Regulations to the Environment Protection Regulations 2021.

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.

4Revocation

The Environment Protection Amendment (Wind Turbine Noise) Regulations 2021[2] are revoked.

5Definitions

In regulation 4 of the Principal Regulations—

(a)for the definition of noise limit substitute—

"noise limit means the maximum effective noise level allowed in a noise sensitive area, as determined in accordance with the Noise Protocol;";

(b)the definitions of alternative monitoring point, alternative monitoring point criteria, authorising document, noise management plan, NZS 6808:1998, NZS 6808:2010, post-construction noise assessment, relevant landowner, relevant noise standard, wind energy facility, wind turbine, wind turbine noise and wind turbine noise agreement are revoked;

(c)in the definition of water corporation, for "1989;" substitute "1989.".

6Prediction, measurement, assessment and analysis of noise must be in accordance with Noise Protocol

In regulation 113 of the Principal Regulations omit "other than Division 5 of this Part,".

7Revocation of Division 5 of Part 5.3

Division 5 of Part 5.3 of the Principal Regulations is revoked.

8Functions of environmental auditors

(1)In regulation 164 of the Principal Regulations, at the foot of paragraph (c) insert—

"Example

The Victoria Planning Provisions confer a function on an environmental auditor to verify whether or not an acoustic assessment undertaken for the purpose of the post‑construction noise assessment on a wind farm has been conducted in accordance with the relevant standard.".

(2)Regulation 164(ca) of the Principal Regulations is revoked.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Environment Protection Further Revocation Regulations 2021, S.R. No. 131/2021 were made on 26 October 2021 by the Governor in Council under section 465 of the Environment Protection Act 2017, No. 51/2017 and came into operation on 26 October 2021.

The Environment Protection Further Revocation Regulations 2021 will sunset 10 years after the day of making on 26 October 2031 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Environment Protection Further Revocation Regulations 2021 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

[1] Reg. 3: S.R. No. 47/2021 as amended by S.R. Nos 82/2021, 92/2021 and 123/2021.

[2] Reg. 4: S.R. No. 92/2021.