Environment Protection (Management of Tunnel Boring Machine Spoil) Regulations 2020 (Vic)
Version No. 001
Environment Protection (Management of Tunnel Boring Machine Spoil) Regulations 2020
S.R. No. 62/2020
Version as at
30 June 2020
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provision
3Definitions
4Exemptions for receiving tunnel boring machine spoil
5Receipt of tunnel boring machine spoil at premises with an approved environment management plan
6Environment management plan
7Amendment of Environment Protection (Scheduled Premises) Regulations 2017
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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 (Management of Tunnel Boring Machine Spoil) Regulations 2020
S.R. No. 62/2020
Version as at
30 June 2020
1Objectives
The main objectives of these Regulations are—
(a)to provide a mechanism for the management and disposal of tunnel boring machine spoil to protect human health and the environment; and
(b)to make a consequential amendment to the Environment Protection (Scheduled Premises) Regulations 2017.
2Authorising provision
These Regulations are made under section 71 of the Environment Protection Act 1970.
3Definitions
In these Regulations—
containment system means a system used for the containment of tunnel boring machine spoil;
environment management plan means a plan submitted to the Authority for approval under regulation 6;
specifications for containment of tunnel boring machine spoil means specifications set out in an environment management plan as to the qualities and characteristics of tunnel boring machine spoil suitable for containment in a containment system;
spoil includes soil, rock, sludge and water;
the Act means the Environment Protection Act 1970;
tunnel boring machine spoil means spoil generated by the operation of a tunnel boring machine used for the purposes of developing transport infrastructure.
4Exemptions for receiving tunnel boring machine spoil
(1)Sections 19A and 20(1) of the Act do not apply to the occupier of a scheduled premises in respect of the receipt, storage, treatment, reprocessing, containment, handling or discharge or deposit onto land of tunnel boring machine spoil if—
(a) the occupier submits an environment management plan for the premises to the Authority; and
(b)the Authority approves that environment management plan.
(2)Section 27A(2) of the Act does not apply to a person who deposits or permits to be deposited tunnel boring machine spoil at premises for which the occupier holds an environment management plan approved by the Authority.
5Receipt of tunnel boring machine spoil at premises with an approved environment management plan
An occupier of premises who holds an environment management plan approved by the Authority must ensure that, at the premises for which the plan is held—
(a)tunnel boring machine spoil is managed and disposed of in accordance with the environment management plan; and
(b)the receipt, consolidation and dewatering of the tunnel boring machine spoil occurs on an impervious surface ("the processing area"); and
(c)tunnel boring machine spoil is received in the processing area; and
(d)no liquids, slurry or sludge escapes, spills or leaks from the processing area; and
(e)the processing area is secured to prevent public access; and
(f)the boundary of the processing area is at least 200 metres from any building that is a sensitive land use, including a residential dwelling, a health service, a childcare centre or an education centre; and
(g)tunnel boring machine spoil is not removed from the processing area until it is determined, in accordance with the methodology set out in the environment management plan, if it meets the specifications for containment of tunnel boring machine spoil; and
(h)any spoil that does not meet the specifications for containment of tunnel boring machine spoil is assessed to determine if it is prescribed industrial waste and, if it is prescribed industrial waste within the meaning of the Environment Protection (Industrial Waste Resource) Regulations 2009[1], categorised in accordance with those Regulations; and
(i)subject to paragraph (j), any tunnel boring machine spoil that does not meet the specifications for containment of tunnel boring machine spoil is, once removed from the processing area, deposited at a site licensed to accept industrial waste of that kind; and
(j)leachate generated in the processing area, including liquid generated from dewatering of tunnel boring machine spoil, is analysed in accordance with the requirements for leachate sampling and analysis set out in the environment management plan and removed from the processing area—
(i)if the analysis determines that the leachate meets the specifications for reuse set out in the environment management plan, for the purposes of reuse; or
(ii)for discharge or deposit into the sewerage system of a water corporation within the meaning of the Water Act 1989 if the discharge or deposit occurs in accordance with a trade waste agreement under that Act; or
(iii)for deposit at a site licensed to accept industrial waste of that kind; and
(k)no dust generated by the receipt, storage, treatment, reprocessing, containment, handling or discharge or deposit onto the premises of tunnel boring machine spoil is discharged or emitted beyond the boundary of the premises that results in a risk of harm to human health or the environment; and
(l)the containment system is designed and constructed in accordance with the environment management plan; and
(m)the containment system is not used to contain any waste that is not tunnel boring machine spoil; and
(n)the containment system is not used to contain tunnel boring machine spoil that does not meet the specifications for containment of tunnel boring machine spoil; and
(o)the containment system is not used to contain tunnel boring machine spoil that contains free liquid as determined by Method 9095B - Paint Filter Liquids Test (Revision 2) published by the United States Environmental Protection Agency in November 2004; and
(p)the following information is recorded and retained at the premises for at least 2 years—
(i)the quantity of tunnel boring machine spoil received at the processing area and the date on which it was received;
(ii)the quantity of tunnel boring machine spoil removed from the processing area for deposit in the containment system and the date on which it was removed and deposited;
(iii)the quantity of leachate removed from the processing area for the purposes of reuse and the date on which it was removed;
(iv)the quantity of leachate removed from the processing area for discharge or deposit into the sewerage system of a water corporation;
(v)the quantity of tunnel boring machine spoil and leachate removed from the processing area for deposit at a site licensed to accept industrial waste of that kind and the date on which it was removed; and
(q)any pollution incident at the premises or escape, spill or leak of waste outside the processing area is reported to the Authority in writing as soon as is practicable and that the report includes the following information—
(i)the time, date and location of the incident;
(ii)the nature of the incident;
(iii)the circumstances in which the incident occurred (including the cause of the incident, if known);
(iv)the name of the person reporting the incident; and
(r)a copy of the environment management plan is available at the premises.
Note
It is an offence against section 27A(1)(b) of the Act to contravene any regulations relating to industrial waste.
6Environment management plan
(1)An occupier of any premises may apply to the Authority for the approval of an environment management plan for those premises.
(2)An environment management plan must, to the satisfaction of the Authority, include the following—
(a)a description and map of the location of the premises at which tunnel boring machine spoil is to be received;
(b)a plan of the premises identifying the location of the processing area for the purposes of regulation 5(b) and the location of the containment system;
(c)a description of the physical characteristics of the premises and elements or segments of the environment adjacent to the premises;
(d)the existing and proposed uses of the premises and elements or segments of the environment adjacent to the premises;
(e)a description of the activities to be undertaken at the premises;
(f)a description of the tunnel boring machine spoil to be received at the site;
(g)the specifications for containment of tunnel boring machine spoil at the premises;
(h)the methodology for determining if tunnel boring machine spoil meets the specifications for containment of tunnel boring machine spoil;
(i)an assessment of the risk of adverse impacts from the receipt, storage, treatment, reprocessing, containment, handling or discharge or deposit onto the premises of tunnel boring machine spoil ("the Activities") on any beneficial uses of the environment;
(j)management arrangements and operating conditions designed to minimise the risk of adverse impacts from the Activities on any beneficial uses of the environment;
(k)detailed designs and technical specifications of the processing area for the purposes of regulation 5(b) and the containment system at the premises, including features intended to minimise the risk of adverse impacts from the Activities on any beneficial uses of the environment;
(l)a construction quality assurance plan for the containment system at the premises;
(m)requirements for leachate sampling and analysis;
(n)the specifications of the qualities and characteristics of leachate that is suitable for reuse and an identification of activities for which that leachate can be reused;
(o)details of the method to be used to measure and record the information required to be recorded and retained under regulation 5(p);
(p)a monitoring program to demonstrate compliance with the environment management plan;
(q)requirements for an environmental auditor to audit the risk of harm actually or potentially arising from the Activities at the frequency specified in the environment management plan;
(r)a pollution incident plan setting out how any pollution incident will be responded to;
(s)a report prepared by an environmental auditor assessing the suitability of the detailed designs, technical specifications, construction quality assurance plan, monitoring program and pollution incident plan in achieving the requirements and objectives of these Regulations;
(t)how the environment management plan is to be reviewed.
(3)The Authority may only approve an environment management plan if it is satisfied that the plan, together with these Regulations, adequately protects human health and the environment from the harmful effects of pollution and waste.
(4)If the Authority approves an environment management plan, it must publish the plan on its website.
(5)The Authority must ensure that commercially sensitive information contained in an environment management plan is not published under subregulation (4) except with the consent of the person to whom the information relates.
(6)In this regulation, commercially sensitive information means information that relates to matters of a business, commercial or financial nature, the disclosure of which would be likely to unreasonably expose a person, an authority or an associated entity to commercial or financial disadvantage.
7Amendment of Environment Protection (Scheduled Premises) Regulations 2017
In regulation 8 of the Environment Protection (Scheduled Premises) Regulations 2017[2]—
(a)in paragraph (b), for "Schedule 1." substitute "Schedule 1; or";
(b)after paragraph (b) insert—
"(c)regulation 4(1) of the Environment Protection (Management of Tunnel Boring Machine Spoil) Regulations 2020.".
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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 (Management of Tunnel Boring Machine Spoil) Regulations 2020, S.R. No. 62/2020 were made on 30 June 2020 by the Governor in Council, on the recommendation of the Authority, under section 71 of the Environment Protection Act 1970, No. 8056/1970 and came into operation on 30 June 2020.
The Environment Protection (Management of Tunnel Boring Machine Spoil) Regulations 2020 will sunset 10 years after the day of making on 30 June 2030 (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 (Management of Tunnel Boring Machine Spoil) Regulations 2020 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. 5: S.R. No. 77/2009 as amended by S.R. Nos 25/2015, 136/2016, 152/2016 and 72/2017.
[2] Reg. 7: S.R. No. 45/2017.
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Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 62/2020 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 5(o) | Method 9095B - Paint Filter Liquids Test (Revision 2) published by the United States Environmental Protection Agency in November 2004 | The whole |
0
0
0