Environment Protection Regulations 2021 (Vic)

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Version No. 010

Environment Protection Regulations 2021

S.R. No. 47/2021

Version incorporating amendments as at


8 November 2023

TABLE OF PROVISIONS

Regulation  Page

Chapter 1—Preliminary

Part 1.1—Preliminary

1Objectives

2Authorising provision

3Commencement

Part 1.2—Interpretation and introductory matters

4Definitions

5Determinations of the Authority

6Act compliance notes

7References to Chapters and Parts

Chapter 2—Contaminated land

Part 2.1—Prescribed notifiable contamination

8Soil contamination

9Asbestos in or on soil

10Actual or likely contamination of groundwater or surface water

11Vapour inhalation pathway (vapour intrusion)

12On-site retention of contaminated soil

13Prescribed exempt notifiable contamination

14Prescribed information for notifications

Part 2.2—Non-aqueous phase liquids

15Clean up of non-aqueous phase liquids

Chapter 3—Permissions

Part 3.1—General

16Permission activities

17Matters to be included in permission applications to the Authority

18Prescribed conditions under section 64 of the Act

19Prescribed circumstances for refusal of permission

20Permission conditions

21Certain applications not complete until information provided

Part 3.2—Licences

22Referral of development licence applications to prescribed agencies

23Circumstances in which operating licence must be refused

24Criteria for considering licence exemptions

Part 3.3—Permits

25Prescribed permit activities to be administered by councils

26Prescribed matters for applications to councils in relation to on-site wastewater management systems

27Prescribed period for deciding permit applications

28Prescribed matters Authority or council must take into account when determining whether to issue permit

29Circumstances in which permit must be refused

30Prescribed period during which permits remain in force

31Prescribed matters Authority must consider when determining whether to issue permit exemption

32Prescribed matters for on-site wastewater management system permit exemptions

33Approval of use of on-site wastewater management system

34Prohibition on use of on-site wastewater management system

35Prescribed matters Authority must consider when determining whether to renew permit

Part 3.4—Registrations

36Prescribed period during which registrations remain in force

Part 3.5—Exemptions from certain permission activities

Division 1—Activity-specific exemptions

37Prescribed exemptions in relation to development activities

38Prescribed exemptions in relation to operating activities

39Prescribed exemptions in relation to item 73 (L01—General discharges or emissions to the atmosphere) of the Table in Schedule 1

40Prescribed exemptions in relation to permit activities

Division 2—Exemptions applying to more than one permission activity

41Prescribed exemption from permit if person holds a higher order permission

42Prescribed exemption from registration if person holds a higher order permission

Part 3.6—Environment protection levy and waste levy

43Environment protection levy

44Waste levy activity

45Waste levy payable for soil containing asbestos only

46What is an allowable rebate?

47When must the waste levy be paid?

48Information for calculating waste levy

49Information for calculating allowable rebate

50Information to be provided to the Authority

51When must information be provided to the Authority?

52Municipal districts subject to higher waste levy for municipal and industrial waste

Part 3.7—Additional or alternative penalty for prohibited persons

53Section 89 prescribed permission activity

Chapter 4—Waste

Part 4.1—Litter and unsolicited documents

Division 1—Dangerous litter and unsolicited documents

54Dangerous litter

55Depositing or affixing unsolicited documents

56Persons who commission or engage other persons for the distribution of unsolicited documents

Division 2—Other offences and matters

57Offence relating to public litter receptacle

58Loading of vehicles

59Persons who may take proceedings

Part 4.2—Industrial waste and priority waste

Division 1—Industrial waste

60What is industrial waste?

61Classifying industrial waste

62Classifying soil sourced on-site from contaminated land

63Authorised to receive industrial waste

64Declaration of use

Division 2—Priority waste

65What is priority waste?

66Classification of priority waste as reportable priority waste in accordance with the Waste Classification Assessment Protocol

67Classification of priority waste consigned for disposal

68Classification of priority waste that is soil

69Priority waste classification—information

70Mixing, blending or diluting priority waste

Division 3—Reportable priority waste

71What is reportable priority waste (transactions)?

72What is reportable priority waste (transport)?

73What transactions apply in connection with reportable priority waste

74Manner and form for recording and providing transaction details—reportable priority waste

75Transaction details to be recorded and provided in relation to the consignment of reportable priority waste for transport

76Transaction details to be recorded and provided in relation to the transport of reportable priority waste

77Transaction details to be recorded and provided in relation to the receipt of reportable priority waste

78Manner and form for recording and providing transaction details—controlled waste

79Transaction details to be recorded and provided in relation to the consignment of controlled waste

80Transaction details to be recorded and provided in relation to the transport of controlled waste

81Transaction details to be recorded and provided in relation to the receipt of controlled waste

82Offences in relation to the transport of controlled waste

83Application for approval of electronic system for recording or providing transaction details

84Approval of application for electronic system

85Exemptions for interstate movement of controlled waste

Division 4—Waste designations

86Authority may issue designation

87Applications for designations

Division 5—Accredited consigners

88Accredited consigners

89Appointment of accredited consigners

90Variation of accredited consigner appointment

91Accredited consigner may apply for reappointment

92Accredited consigner may surrender appointment

Part 4.3—Used packaging materials

93Application

94Packaging for which brand owners are responsible

95Requirements to recover, reuse and recycle materials and review packaging design

96Recovery rate

97Categories of material

98Brand owners must keep records

99Brand owners must report annually

100Councils must provide information

Part 4.4—Regional Waste and Resource Recovery Implementation Plans

101Landfill scheduling in Regional Waste and Resource Recovery Implementation Plans

Chapter 5—Environmental management

Part 5.1—Prohibited chemical substances

102Prohibition on use of certain chemical substances

Part 5.2—Air

Division 1—National pollutant inventory

103Definitions

104Occupier must provide data

105Estimation techniques

106Occupier must keep data for period of 5 years

107Commercially sensitive information

108Authority may approve matters for this Division

Division 2—Solid fuel heaters

109Manufacture of solid fuel heaters

110Supply of solid fuel heaters

Division 3—Protection of the ozone layer

111Requirements for handling methyl bromide

Division 4—Class 3 substances

112Generators or emitters of Class 3 substances

Part 5.3—Noise

Division 1—Noise Protocol

113Prediction, measurement, assessment and analysis of noise must be in accordance with Noise Protocol

Division 2—Unreasonable and aggravated noise from residential premises

114Unreasonable noise from residential premises

115Aggravated noise from residential premises

Division 3—Unreasonable and aggravated noise from commercial, industrial and trade premises

116Definitions—operating time periods

117Noise sources that must not be taken into account in this Division

118Unreasonable noise from commercial, industrial and trade premises

119Cumulative noise

120Frequency spectrum

121Aggravated noise from commercial, industrial and trade premises

Division 4—Unreasonable and aggravated noise from entertainment venues and outdoor entertainment events

Subdivision 1—General

122Music noise from live music entertainment venues

Subdivision 2—Indoor entertainment venues

123Definitions—operating time periods

124Noise sources that must or must not be taken into account

125Unreasonable noise from an indoor entertainment venue

126Cumulative music noise from indoor entertainment venues

127Aggravated noise from an indoor entertainment venue

Subdivision 3—Outdoor entertainment venues and outdoor entertainment events

128When a permit is required for an outdoor entertainment venue

129When a permit is required for an outdoor entertainment event

130Unreasonable noise from outdoor entertainment venues or outdoor entertainment events

131Aggravated noise from an outdoor entertainment venue or outdoor entertainment event

Division 5—Wind turbine noise

Subdivision 1—Wind turbine noise

131AWind turbine noise agreement

131BRelevant noise standard

131BANoise limit

131BBAlternative monitoring point

131BCAlternative monitoring point criterion

131CDuty to manage and review wind turbine noise

131CADuty to ensure compliance with noise limit or alternative monitoring point criterion

131DPost-construction noise assessment

131ENoise management plan

131FAnnual statement

131GWind turbine noise monitoring

131HUnreasonable noise

Subdivision 2—Transitional provisions—Environment Protection Amendment (Wind Turbine Noise) Regulations 2022

131ITransitional provision—noise limits

131JTransitional provision—annual statements

Part 5.4—Water

132Discharge or deposit of waste from vessels

Part 5.5—Plastic shopping bag ban and single-use plastic item ban

Division 1—Plastic shopping bag ban

133Retailer must not sell or provide banned plastic bag

134Provision of false or misleading information

Division 2—Single-use plastic item ban

134ADefinitions

134BWhat is a banned single-use plastic item?

134COffence to sell, supply, distribute or provide banned single-use plastic items

134DProvision and sale of existing plastic items

134ESale, supply, distribution or provision of single-use plastic drinking straws for use by designated persons

134FOffence to provide false or misleading information

Part 5.6—Emissions from motor vehicles

Division 1—General

135Application

Division 2—Air emissions

136Visible pollution from motor vehicles

137Vehicle exhaust emissions—spark ignition engines manufactured 1 July 1976 to before 1 February 1986

138Vehicle exhaust emissions—spark ignition engines manufactured on or after 1 February 1986

139Vehicle exhaust emissions—diesel engine vehicles manufactured before 1 January 1996

140Vehicle exhaust emissions—diesel engine vehicles manufactured on or after 1 January 1996

Division 3—Noise emissions

141How to determine motor vehicle noise emissions

142Noise emissions—motor vehicles approved in accordance with ADR 83/00

143Noise emissions—passenger vehicles not approved in accordance with ADR 83/00

144Noise emissions—goods vehicles and buses not approved in accordance with ADR 83/00

145Noise emissions—motor cycles and motor trikes not approved in accordance with ADR 83/00

146Non-compliant device

Division 4—Vehicle noise labelling standards

147Labelling of motor cycles and motor trikes

Division 5—General motor vehicle offences

148Selling or supplying a motor vehicle capable of exceeding a prescribed standard for the emission of noise

149Noise defeat devices

Division 6—Petrol vapour pressure

150Definition

151Monthly average volumetric vapour pressure

152Production of petrol with excess vapour pressure

153Vapour pressure—record keeping

154Annual compliance report

Division 7—Approved motor vehicle testers and certificates of compliance

155Appointment of approved motor vehicle testers

156Authority may require motor vehicle to be tested

157Approved motor vehicle tester to test vehicle

158Offences to use or supply or sell certain motor vehicles

Part 5.7—On-site wastewater management systems

159On-site wastewater management system operation and maintenance

160Duty to provide information to occupier

161Duty to notify council

162Duty to keep and provide maintenance records

163Council may order maintenance

Chapter 6—Environmental audits and financial assurances

Part 6.1—Environmental audit system

164Functions of environmental auditors

165Authority approval of environmental auditor functions

166Prescribed time to apply for reappointment as environmental auditor

Part 6.2—Financial assurances

167Prescribed permissions

168Risk assessment criteria

Chapter 7—Enforcement

169Infringement offences and infringement penalties

170Monetary benefit orders protocol

171Council may take proceedings for specified offences relating to on-site wastewater management systems

Chapter 8—Fees

Part 8.1—Development licences

172Prescribed application fee for development licence

173Prescribed transfer fee for development licence

174Prescribed amendment fee for development licence

175Prescribed exemption fee for development licence

Part 8.2—Operating licences

176Prescribed application fee for operating licence

177Prescribed annual fee

178Prescribed time and period for annual fee

179Prescribed transfer fee for operating licence

180Prescribed amendment fee for operating licence

181Prescribed surrender fee for operating licence

182Prescribed exemption fee for operating licence

Part 8.3—Pilot project licences

183Prescribed application fee for pilot project licence

184Prescribed transfer fee for pilot project licence

185Prescribed amendment fee for pilot project licence

Part 8.4—Permits

Division 1—Fees for reportable priority waste transport permits

186Prescribed application fee for permit to transport reportable priority waste

187Prescribed transfer fee for permit to transport reportable priority waste

188Prescribed amendment fee for permit to transport reportable priority waste

189Prescribed surrender fee for permit to transport reportable priority waste

190Prescribed exemption fee for reportable priority waste transport permit—interstate authorisation

191Prescribed exemption fee for reportable priority waste transport permit

192Prescribed renewal fee for permit to transport reportable priority waste

Division 2—Fees for controlled waste transport permits

193Prescribed application fee for permit to transport controlled waste into Victoria

Division 3—Fees for other permits issued by the Authority

194Prescribed fees for certain permits

195Prescribed fees for permits relating to outdoor concerts or events

Division 4—Prescribed fees in relation to on-site wastewater management systems

196Prescribed application fee for permit to construct, install or alter an on-site wastewater management system

197Prescribed fee to transfer on-site wastewater management system permit

198Prescribed fee to amend on-site wastewater management system permit

199Prescribed exemption fee for on-site wastewater management system permit

200Prescribed renewal fee for on-site wastewater management system permit

Part 8.5—Registrations

201Prescribed application fee for registration to transport reportable priority waste

202Prescribed exemption fee for reportable priority waste transport registration—interstate authorisation

203Prescribed renewal fee for registration to transport reportable priority waste

Part 8.6—Financial assurances

204Prescribed review fee for financial assurance

205Prescribed fee for requesting release of financial assurance

Part 8.7—Environmental auditors and audits

206Prescribed application fee for appointment as environmental auditor

207Prescribed fee for reappointment as environmental auditor

208Prescribed fees to be paid by environmental auditor

Part 8.8—Other fees

209Prescribed application fee for authorisation of emergency storage, use etc. of waste

210Prescribed fees for better environment plans

211Prescribed amendment fee for better environment plan

212Prescribed application fee for appointment as accredited consigner

213Prescribed fee for revocation or variation of site management order

214Prescribed fee for application for exemption from a provision of the regulations or a legislative instrument

Part 8.9—Fees waiver or refund

215Authority or council may waive or refund fees

Chapter 9—Administrative matters

Part 9.1—Public Register

216Additional information to be kept on the Public Register

217Time and manner for accessing the Public Register

Chapter 10—Saving and transitionals

Part 10.1—General transitional provisions

218Definitions

Part 10.2—Permissions

219Prescribed equivalent permissions

220Pending applications

221Prescribed provisions

222Temporary prescribed exemptions—operating activities

223Temporary prescribed exemptions—permit activities

224Temporary prescribed exemptions—registration activities

225Temporary prescribed exemption—registration activities—use of waste tyres for silage production

Schedule 1—Prescribed permission activities and fees

Schedule 2—EPU values table

Schedule 3—Methane gas action levels

Schedule 4—Class 1, 2 and 3 substances

Schedule 5—Waste classification

Schedule 6—Categories of priority waste

Schedule 7—Reportable priority waste transaction details

Schedule 8—Restricted areas for landfill infrastructure

Schedule 9—Method for determining the concentration of carbon monoxide and hydrocarbons in the exhaust gases of a motor vehicle

Schedule 10—Infringement offences and infringement penalties

Schedule 11—Component fees

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 010

Environment Protection Regulations 2021

S.R. No. 47/2021

Version incorporating amendments as at


8 November 2023

CHAPTER 1—PRELIMINARY

PART 1.1—PRELIMINARY

1Objectives

The objectives of these Regulations are to further the purposes of, and give effect to, the Environment Protection Act 2017 by—

(a)imposing obligations in relation to environmental protection, pollution incidents, contaminated land and waste, including in relation to on-site wastewater management systems; and

(b)providing for activities and other matters for the purposes of permissions under the Act; and

(c)specifying matters in relation to litter, water, the atmosphere, land, noise and vehicle emissions; and

(d)encouraging retailers and consumers to reduce the overall use of plastic bags that often enter the environment as litter, by banning thin, single-use plastic shopping bags; and

(e)setting out additional matters in relation to the environmental audit system; and

(f)prescribing activities in respect of which—

(i)the environment protection levy is payable; and

(ii)the waste levy is payable; and

(iii)the Authority may require a financial assurance; and

(g)prescribing the form and manner of certain applications; and

(h)prescribing infringement offences and infringement penalties; and

(i)providing for exemptions from certain provisions of the Act and these Regulations; and

(j)prescribing the fees payable under the Act; and

(k)providing for transitional arrangements; and

(l)prescribing other matters necessary to give effect to the Act.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 July 2021.

PART 1.2—INTERPRETATION AND INTRODUCTORY MATTERS

4Definitions

In these Regulations—

1998 NZS wind energy facility means a wind energy facility for which the relevant noise standard is NZS 6808:1998, including if the authorising document to which the facility is subject sets out conditions to modify or replace NZS 6808:1998 in relation to wind turbine noise;

accredited consigner means a person appointed as an accredited consigner under regulation 89;

administrative amendment means a change to a licence that—

(a)does not alter any obligation of the licence holder; or

(b)is a minor technical or clerical amendment;

Examples

Changes that correct one or more clerical mistakes, unintended omissions, miscalculated amounts or misdescriptions of any person, thing or activity.

ADR 83/00 means the Vehicle Standard (Australian Design Rule 83/00 – External Noise) 2005, Compilation dated 6 November 2013, published by the Commonwealth Department of Infrastructure, Transport, Regional Development and Communications, as in force from time to time;

A-frequency weighting has the same meaning as in the Noise Protocol;

alter, in relation to an on-site wastewater management system, means any change (other than general maintenance of the system) to—

(a)the design or construction of the system; or

(b)the operation of the system, or to the place or premises on or in which the system is located, which may increase the hydraulic flow or organic load of the system;

alternative assessment criterion means the maximum effective noise level that applies at an alternative assessment location to ensure compliance with the noise limit, as determined in accordance with the Noise Protocol;

alternative assessment location means a point used as a substitute measurement point for the assessment of noise, as determined in accordance with the Noise Protocol;

alternative monitoring point means a point referred to in regulation 131BB;

alternative monitoring point criterion means the maximum noise level (expressed in dB(A)) for wind turbine noise when assessed at an alternative monitoring point, determined in accordance with regulation 131BC;

ambulance service has the same meaning as in the Ambulance Services Act 1986;

animal unit means one head of cattle or 5 of any other kind of mammal;

annual fee, in relation to an operating licence, means the fee calculated under regulation 177;

ANZSIC code, for an activity, means the classification code given to that activity under the Australian and New Zealand Standard Industrial Classification 2006 released by the Australian Bureau of Statistics, as in force from time to time;

ANZSIC codes for NPI reporting means the list of ANZSIC codes for National Pollutant Inventory reporting by activity type published by the Commonwealth Department of Environment and Energy, as in force from time to time;

APCO means Australian Packaging Covenant Organisation Ltd;

Note

APCO is the representative body for industry participants in the packaging supply chain who are signatories to the Australian Packaging Covenant.

appropriate standard, in relation to an on-site wastewater treatment plant, means any one of the following—

(a)in the case of an on-site wastewater treatment plant that is a septic tank, AS/NZS 1546.1;

(b)in the case of an on-site wastewater treatment plant that is a waterless composting toilet, AS/NZS 1546.2;

(c)in the case of an on-site wastewater treatment plant that is a secondary treatment system, AS 1546.3 (2017);

(d)in the case of an on-site wastewater treatment plant that is a domestic greywater treatment system, AS 1546.4;

(e)in the case of an on-site wastewater treatment plant of a type approved by the Authority for the purposes of Part IXB of the Environment Protection Act 1970 and for which a certificate has been issued by a body accredited under the Joint Accreditation System of Australia and New Zealand prior to the commencement of these Regulations—

(i)if the certificate confirms the plant meets the requirements set out in AS/NZS 1546.3 (2008), until the expiry of the certificate or 30 June 2023, whichever is earlier; or

(ii)in any other case, the standard referred to in the certificate until the expiry of the certificate;

*                *                *                *                *

aquifer has the same meaning as in the Water Act 1989;

Note

Aquifer in the Water Act 1989 means a geological structure or formation or an artificial land fill permeated or capable of being permeated permanently or intermittently with water.

AS/NZS 1546.1 means the Australian/New Zealand Standard 1546.1:2008, On-site domestic wastewater treatment units, Part 1: Septic tanks, published by Standards Australia and Standards New Zealand, as in force from time to time;

AS/NZS 1546.2 means the Australian/New Zealand Standard 1546.2:2008, On-site domestic wastewater treatment units, Part 2: Waterless composting toilets, published by Standards Australia and Standards New Zealand, as in force from time to time;

AS/NZS 1546.3 (2008) means the Australian Standard/New Zealand Standard 1546.3:2008, On-site domestic wastewater treatment units, Part 3: Aerated wastewater treatment systems, published by Standards Australia and Standards New Zealand, as in force from time to time;

AS 1546.3 (2017) means the Australian Standard 1546.3:2017, On-site domestic wastewater treatment units, Part 3: Secondary treatment systems, published by Standards Australia, as in force from time to time;

AS 1546.4means the Australian Standard 1546.4:2016, On-site domestic wastewater treatment units, Part 4: Domestic greywater treatment systems, published by Standards Australia, as in force from time to time;

AS/NZS 4012 means the Australian/New Zealand Standard 4012:2014, Domestic solid fuel burning appliances—Method for determination of power output and efficiency, published by Standards Australia and Standards New Zealand, as in force from time to time;

AS/NZS 4013 means the Australian/New Zealand Standard 4013:2014, Domestic solid fuel burning appliances—Method for determination of flue gas emission, published by Standards Australia and Standards New Zealand, as in force from time to time;

authorising document means—

(a)a WEF planning permit; or

(b)a specific WEF planning control;

Australian Light Vehicle Standards (ALVS) Rules means the Australian Light Vehicle Standards Rules 2015, published by the National Transport Commission in 2015, as in force from time to time;

Australian Packaging Covenant means the agreement by that name (including all schedules and annexes to that agreement) between the Commonwealth, State and Territory governments and APCO to reduce the environmental impacts of consumer packaging in Australia, dated 2017, as in force from time to time;

average threshold means the 95% upper confidence limit on the arithmetic average concentration of a contaminant in or on soil that is equal to the HIL for that contaminant for the current use of the land, as specified in section 6 of Schedule B1 to the NEPM (ASC);

background level, for the purposes of Part 5.3, means the background level as determined in accordance with the Noise Protocol;

banned plastic bag means a bag, other than an exempt plastic bag—

(a)with handles; and

(b)that comprises, either wholly or partly, plastic, whether or not that plastic is biodegradable, degradable or compostable; and

(c)that has a thickness of 35 microns or less at any part of the bag;

brand owner means—

(a)in relation to a product that is sold or distributed in Australia—

(i)a person who is the owner of the product name under which the product is sold or distributed; or

(ii)if no person in Australia satisfies subparagraph (i) in relation to the product, each person who is a licensee of the product name under which the product is sold or distributed, but only in respect of those items of the product that are sold or distributed under that licence; or

(iii)if no person in Australia satisfies subparagraph (i) or (ii) in relation to the product, each person who is a franchisee under a business arrangement that allows the person to sell or otherwise distribute the product in Australia, but only in respect of those items of the product that are sold or distributed by the person under that arrangement; or

(iv)if no person in Australia satisfies subparagraph (i), (ii) or (iii) in relation to the product, the first person to sell or distribute that product in Australia; and

(b)in relation to a plastic bag that is provided to a consumer for the transportation of products purchased by the consumer in Australia—

(i)the importer or manufacturer of the plastic bag; or

(ii)the retailer who provides the plastic bag to the consumer at or around the point of sale;

bus has the same meaning as in the Bus Safety Act 2009;

Category A waste means priority waste that is classified as Category A waste in accordance with regulation 67 or 68;

Category B waste means priority waste that is classified as Category B waste in accordance with regulation 67 or 68;

Category C waste means priority waste that is classified as Category C waste in accordance with regulation 67 or 68;

Category D waste means priority waste that is classified as Category D waste in accordance with regulation 67 or 68;

*                *                *                *                *

chemical process means any process where a chemical change occurs, but does not include physical processes such as mixing or blending;

Chief Health Officer has the same meaning as in the Public Health and Wellbeing Act 2008;

Class 1 substance means a substance listed in Schedule 4 as a Class 1 substance;

Class 2 substance means a substance listed in Schedule 4 as a Class 2 substance;

Class 3 substance means a substance listed in Schedule 4 as a Class 3 substance;

commercial, industrial and trade premises means any premises except the following—

(a)residential premises (other than common plant under the control of an owners corporation);

(b)a street or road, including every carriageway, footpath, reservation and traffic island on any street or road;

(c)a railway track used by rolling stock in connection with the provision of a freight service or passenger service—

(i)while travelling on a railway track or tramway track; or

(ii)while entering or exiting a siding, yard, depot or workshop;

(d)a railway track used by rolling stock in connection with the provision of a passenger service, while in a siding, yard, depot or workshop and is—

(i)powering up to commence to be used in connection with the provision of a passenger service; or

(ii)shutting down after being used in connection with the provision of a passenger service;

(e)the premises situated at Lower Esplanade, St Kilda and known as "Luna Park" and being the whole of the land more particularly described in Certificate of Title Volume 1204 Folio 109;

Note

The maintenance, cleaning or loading of rolling stock stabled in a siding, yard, depot or workshop are included within the meaning of commercial, industrial and trade premises.

Examples

Common plant under the control of an owners corporation at residential premises includes common air conditioning units, car stackers and lift equipment in apartment buildings, all of which must be assessed as noise from commercial, industrial and trade premises in accordance with the Noise Protocol.

compostmeans an organic product that has undergone controlled aerobic and thermophilic biological transformation through the composting process to achieve pasteurisation and reduce phytotoxic compounds, and achieved a specified level of maturity required for compost;

concert means an operation at an outdoor entertainment venue or an outdoor entertainment event if the effective noise level exceeds 55dB(A) (or 45dB(A) if measured indoors) assessed as an LAeq of 15 cumulative minutes at any measurement point in a noise sensitive area at least once during a 24-hour period;

consign, in relation to waste, means arranging for the transport of the waste;

consumer packaging means all packaging products made of any material, or combination of materials, for the containment, protection, marketing or handling of consumer products, and includes distribution packaging;

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

controlled waste has the meaning set out in clause 3 of the NEPM (MCW);

dB(A)means a noise level determined in accordance with A-frequency weighting;

declaration of use means a declaration of use made under regulation 64;

designated waste means reportable priority waste, in liquid form with a waste code J100, J120, J130, K100 or L100 in Schedule 5;

designation, for the purposes of Part 4.2, means—

(a)   a designation setting out the waste classification for a waste; or

(b)   a designation relating to mixing, blending or diluting waste;

diesel engine means an internal combustion engine that operates on the compression-ignition principle;

digestate means the material remaining after the anaerobic digestion of organic waste;

distribution packaging means all packaging that contains multiples of products (the same or mixed) intended for direct consumer purchase, including—

(a)   secondary packaging used to secure or unitise multiples of consumer products such as cardboard boxes, shipper, shrink film overwrap; and

(b)   tertiary packaging used to secure or unitise multiples of secondary packaging such as pallet wrapping stretch film, shrink film, strapping;

DT80 test cycle means the DT80 transient test procedure for the testing of diesel-fuelled vehicle exhaust emissions as set out in Division 1 of Part 9 of the ALVS Rules;

effective noise level means—

(a)   in Division 3 of Part 5.3, the level of noise emitted from commercial, industrial and trade premises and, if appropriate, adjusted to take into account the character and duration of the noise and the measurement conditions, as determined in accordance with the Noise Protocol; and

(b)   in Division 4 of Part 5.3, the level of music noise from an indoor entertainment venue, outdoor entertainment venue or outdoor entertainment event, measured in a noise sensitive area or at an alternative assessment location, as determined in accordance with the Noise Protocol;

electricity distribution company has the same meaning as distribution company has in the Electricity Industry Act 2000;

equivalentpassenger units or EPU, in relation to a type of tyre in column 2 of the Table in Schedule 2, means the corresponding value in column 3 of that Table;

ESMP data manual means the ESMP data manual 1992—Engine speed at maximum power and noise test engine speeds for vehicles 1970 to 2005, published by the Authority on its website, as in force from time to time;

ethanol-blended petrol means petrol containing 4% or more of ethanol by volume but not more than 20% of ethanol by volume;

e-waste means waste in the form of electrical or electronic equipment, devices or things (or materials or parts of such equipment, devices or things), the operation of which is dependent on, or designed for the generation, transfer or measurement of, an electric current or electromagnetic field;

exempt plastic bag means a bag that comprises, either wholly or partly, plastic and that is an integral part of the packaging in which goods are sealed or provided for sale;

extraneous noise, for the purposes of Division 5 of Part 5.3, means any noise caused by extraneous events, including but not limited to sounds caused by precipitation, insects and fauna;

fill material is industrial waste that is soil—

(a)with contaminant concentrations not exceeding the upper limits for fill material contaminant concentrations specified in the Waste Disposal Categories —Characteristics and Thresholds; and

(b)that does not contain asbestos;

forage includes residual crops and crops grown for use in silage production;

forward-control passenger vehicle has the same meaning as in the relevant design rules;

freight service has the same meaning as in the Rail Management Act 1996;

frequencymeans the property of sound that measures the rate of repetition of the sound wave, in Hertz (Hz) or cycles per second;

frequency spectrum means the distribution of the energy or the magnitude of a sound across each frequency component;

friable asbestos means asbestos that, when dry—

(a)   may be crumbled, pulverised or reduced to powder by hand pressure; or

(b)   as a result of a work process becomes such that it may be crumbled, pulverised or reduced to powder by hand pressure;

gas distribution company has the same meaning as in the Gas Industry Act 2001;

goods vehicle means any motor vehicle, other than a passenger car or passenger car derivative, that—

(a)   is constructed principally for the carriage of goods; and

(b)   has at least 4 wheels;

gross vehicle mass or GVM has the same meaning as in the Road Safety Act 1986;

hazardous substance means a substance which meets the hazardous properties assessment criteria in items 1 or 2 of Table 2 in the Waste Classification Assessment Protocol;

health service has the same meaning as in the Public Health and Wellbeing Act 2008;

heavy vehicle has the same meaning as in the Heavy Vehicle National Law (Victoria);

highway means—

(a)any street, road, lane, bridge, thoroughfare or other place open to or used by members of the public for passage by motor vehicles; and

(b)any public car park;

HIL means the health investigation levels listed in Tables 1A(1) and 1A(2) in Schedule B1 to the NEPM (ASC);

HSL means the health screening levels listed in Tables 1A(3), 1A(4) and 1A(5) in Schedule B1 to the NEPM (ASC);

IANZ means International Accreditation New Zealand;

indoor entertainment venue means any premises (other than residential premises or an outdoor entertainment venue), where music is played and includes a live music entertainment venue, hotel, tavern, cabaret, night club, discotheque, reception centre, skating rink, restaurant, cafe, health and fitness centre, recording and rehearsal studio, theatre, amusement park, amusement parlour, retail store, shop, public hall and club;

information technology and telecommunications equipment means products and equipment used for the collection, storage, processing, presentation, communication, transmission or receipt of sound, images, video or other information by electronic means or telecommunications;

kerbsiderecycling collection means the collection of waste by a person under contract with a council or the Head, Recycling Victoria;

LAeq has the same meaning as in the Noise Protocol;

land, for the purposes of Part 3.5 and Schedule 1, does not include groundwater;

land capability assessment means an assessment of the risks of harm to human health and the environment of the proposed or existing on‑site wastewater management system at the site, taking into account the proposed or existing use of the system;

leachate means the liquid formed from rainwater and waste breakdown products within a landfill or contaminated water that has percolated through or drained from a landfill;

live music entertainment venue has the same meaning as in the VPPs;

Note

Live music entertainment venue under the VPPs includes a food and drink premises, nightclub, function centre or residential hotel that includes live music entertainment and a rehearsal studio.

localised elevated value threshold means the concentration of a contaminant in an individual soil sample that is equal to 250% of the HIL for that contaminant for the current use of the land, as specified in section 6 of Schedule B1 to the NEPM (ASC);

major urban area means the areas of land within—

(a)   the urban growth boundary identified in a planning scheme, if the population is greater than 7000; or

(b)   if paragraph (a) does not apply, the urban centre boundary (as defined by the Australian Bureau of Statistics) of an urban centre with a population greater than 7000 persons, including land within the whole of any Residential Zone, Industrial Zone, Commercial Zone or Urban Growth Zone that is crossed by the urban centre boundary;

measurement point means a point at which the microphone is located to measure the effective noise level or the background level, as determined in accordance with the Noise Protocol;

monitoring point means a location in a noise sensitive area that is used for the assessment of wind turbine noise, determined in accordance with the relevant noise standard;

motor cycle means a motor vehicle with 2 wheels, and includes a 2-wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel;

motor trike means a motor vehicle with 3 wheels, but does not include a 2-wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel;

music means any combination of sounds produced by the playing of a musical instrument, by singing, recitation or dancing, or the reproduction of these;

music noise means music and associated contemporaneous sounds heard in a noise sensitive area;

NATA means the National Association of Testing Authorities, Australia;

National Environment Protection (Assessment of Site Contamination) Measure or NEPM (ASC) means the National Environment Protection (Assessment of Site Contamination) Measure 1999 made under section 14 of the National Environment Protection Council (Victoria) Act 1995 and the equivalent legislation of the participating jurisdictions, as in force from time to time;

National Environment Protection (Movement of Controlled Waste between States and Territories) Measure or NEPM (MCW) means the National Environment Protection (Movement of Controlled Waste between States and Territories) Measure 1998 made under section 14 of the National Environment Protection Council (Victoria) Act 1995 and the equivalent legislation of the participating jurisdictions, as in force from time to time;

National Environment Protection (National Pollutant Inventory) Measure or NEPM (NPI) means the National Environment Protection (National Pollutant Inventory) Measure 1998 made under section 14 of the National Environment Protection Council (Victoria) Act 1995 and the equivalent legislation of the participating jurisdictions, as in force from time to time;

National Pollutant Inventory or NPI means the inventory of emitted and transferred substances, established as a result of the NEPM (NPI);

National Stationary Exhaust Noise Test means the National Stationary Exhaust Noise Test Procedures for In-Service Motor Vehicles published by the National Transport Commission in September 2006, as in force from time to time;

natural acoustic environment means the properties or qualities of the environment relating to natural sound that is not significantly impacted by noise from human activity;

new vehicle has the same meaning as in the Motor Vehicle Standards Act 1989 of the Commonwealth;

noise limit means—

(a)in Part 5.3 (other than Division 5), the maximum effective noise level allowed in a noise sensitive area, as determined in accordance with the Noise Protocol; and

(b)in Division 5 of Part 5.3, the limit for wind turbine noise determined in accordance with regulation 131BA;

noise management plan means a plan prepared in accordance with regulation 131E;

Noise Protocol means the Noise limit and assessment protocol for the control of noise from commercial, industrial and trade premises and entertainment venues, published by the Authority on its website, as in force from time to time;

noise sensitive area means—

(a)that part of the land within the boundary of a parcel of land that is—

(i)within 10 metres of the outside of the external walls of any of the following buildings—

(A)a dwelling (including a residential care facility but not including a caretaker's house);

(B)a residential building;

(C)a noise sensitive residential use; or

(ii)within 10 metres of the outside of the external walls of any dormitory, ward, bedroom or living room of one or more of the following buildings—

(A)a caretaker's house;

(B)a hospital;

(C)a hotel;

(D)a residential hotel;

(E)a motel;

(F)a specialist disability accommodation;

(G)a corrective institution;

(H)a tourist establishment;

(I)a retirement village;

(J)a residential village; or

(iii)within 10 metres of the outside of the external walls of a classroom or any room in which learning occurs in the following buildings (during their operating hours)—

(A)a child care centre;

(B)a kindergarten;

(C)a primary school;

(D)a secondary school; or

(b)subject to paragraph (c), in the case of a rural area only, that part of the land within the boundary of—

(i)a tourist establishment; or

(ii)a campground; or

(iii)a caravan park; or

(c)despite paragraph (b), in the case of a rural area only, where an outdoor entertainment event or outdoor entertainment venue is being operated, that part of the land within the boundary of the following are not noise sensitive areas for the purposes of that event or venue—

(i)a tourist establishment;

(ii)a campground;

(iii)a caravan park;

noise sensitive residential use has the same meaning as in the VPPs;

Note

Noise sensitive residential use under the VPPs means a community care accommodation, dependent person's unit, dwelling, residential aged care facility, residential village, retirement village or rooming house.

non-aqueous phase liquid means an organic or inorganic liquid that—

(a)is not miscible with water; and

(b)can exist in soil or groundwater in various forms; and

(c)is commonly present as a measurable thickness (phase-separated) or sheen; and

(d)may be identifiable analytically (in soil or groundwater) when solubility has been reached or observed to be present within the unsaturated soil, rock profile or aquifer matrix;

Example

Oil in water.

NZS 6808:1998 means New Zealand Standard 6808:1998, Acoustics—The Assessment and Measurement of Sound from Wind Turbine Generators, published by Standards New Zealand on 21 April 1998;

NZS 6808:2010 means New Zealand Standard 6808:2010, Acoustics—Wind farm noise, published by Standards New Zealand on 1 March 2010;

odorous compound means any chemical compound, including a volatile organic compound, that is offensive to the senses of human beings when dispersed in the atmosphere;

off-road passenger vehicle has the same meaning as in the relevant design rules;

on-site wastewater management system means an on-site wastewater treatment plant with a design or actual flow rate of sewage not exceeding 5000 litres on any day and includes all beds, sewers, drains, pipes, fittings, appliances and land used in connection with the treatment plant;

on-site wastewater treatment plant means a treatment plant for the bacterial, biological, chemical or physical treatment of sewage generated on site;

Examples

Septic tank system, wet or dry composting toilet, aerobic treatment and sand filter.

operation, for the purposes of Part 5.3, means an activity that emits music noise from an outdoor entertainment venue or outdoor entertainment event;

outdoor entertainment event means an event where music is played and is held on public land including a road reservation, public open space, park, foreshore reserve or land of a similar nature, including an event held on such land in a temporary building or structure, such as a marquee, tent or temporary soundstage, not being a permanent fixture of the land and erected for the purposes of the event;

outdoor entertainment venue means any premises (other than residential premises) where music is played in the open air and which cannot feasibly be totally enclosed and sound‑proofed because of its size;

Examples

Sports and other large outdoor arenas and major sports and recreation facilities having substantial provision for spectators, including privately owned land used as an outdoor entertainment venue.

packaged waste asbestos means waste that is classified as packaged waste asbestos in accordance with regulation 67;

participating jurisdiction has the same meaning as in the National Environment Protection Council (Victoria) Act 1995;

participation rate, for a recycling collection service, means the number of households or other premises participating in the service, expressed as a proportion of the number of households or premises to whom the service is available;

particles include the following—

(a)particles as PM2.5;

(b)particles as PM10;

(c)total suspended particles;

(d)total suspended particles (nuisance dust);

particles as PM2.5 means particulate matter with an equivalent aerodynamic diameter of 2·5 micrometres or less;

particles as PM10 means particulate matter with an equivalent aerodynamic diameter of 10 micrometres or less;

passenger car has the same meaning as in the relevant design rules;

passenger car derivative means any motor vehicle—

(a)of the type known as a utility or panel van and of the same make as a factory produced passenger car; and

(b)in which the greater part of the body form and the greater part of the forward mechanical equipment are the same as those in the passenger car;

passenger service has the same meaning as in the Rail Management Act 1996;

pasteurised material means organic material with reduced pathogens and plant propagules following exposure to heat;

petrol includes any liquid fuel or mixture of fuels of a kind used in internal combustion spark ignition engines;

planning scheme means a planning scheme approved under the Planning and Environment Act 1987 as in force from time to time under that Act;

post-construction noise assessment means an assessment conducted in accordance with regulation 131D;

post-consumer waste stream means the waste produced by the end consumer of a material stream, that is, if the waste-producing use does not involve the production of another product;

ppmmeans parts per million by volume;

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

product name includes a trade mark, brand name or trade name, whether or not registered in Australia;

project site, for the purposes of item 25
(A17—Containment of Category D waste soil) in the Table in Schedule 1, means any land specified by the Authority in the permit provided that land is—

(a)a single area of land which is identified in a document as part of an amendment to a planning scheme under the Planning and Environment Act 1987 made on or after 1 July 2021; or

(b)land that relates to public works within the meaning of the Environment Effects Act 1978;

railway track has the same meaning as in the Rail Management Act 1996;

recover, in relation to materials, means to separate those materials from other waste in a manner that enables them to be reused for packaging or used for other products;

recovery rate has the meaning given in regulation 96;

recreation motor cycle means any 2-wheeled motor cycle that is registered as a recreation motor cycle under the Road Safety (Vehicles) Interim Regulations 2020;

recyclable, in relation to product packaging, means reasonably able to be recovered in Australia through an approved or accredited collection or drop-off system, and able to be reprocessed and used as a raw material for the manufacture of a new product;

regulated petrol producer means a person who produces petrol by any of the following—

(a)importing petrol for use in Victoria;

(b)refining petrol for use in Victoria;

(c)blending petrol for use in Victoria;

relevant design rules means the Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) 2005, published by the Commonwealth Department of Infrastructure, Transport, Regional Development and Communications, as in force from time to time;

relevant environment protection legislation means—

(a)the Act or these Regulations; and

(b)any corresponding Act of another State or a Territory or the Commonwealth or any regulations made under that Act;

relevant landowner means a person who owns land with premises in the vicinity of a wind energy facility;

relevant noise standard, for the purposes of Division 5 of Part 5.3, means the noise standard for a wind energy facility determined in accordance with regulation 131B;

relevant period, in relation to the waste levy and allowable rebate, means—

(a)a period of 3 months ending on 31 March, 30 June, 30 September or 31 December in any year; or

(b)any other period of time required by a liable person's operating licence;

reportable priority waste (transactions) means priority waste set out in regulation 71;

reportable priority waste (transport) means priority waste set out in regulation 72;

retailermeans a person who sells goods in trade or commerce;

rolling stock has the same meaning as in the Rail Management Act 1996;

rural areameans land that is not within a major urban area;

sewage means wastewater containing any of human excreta, urine and toilet flush water and includes greywater (which is also called sullage and may include water from the shower, bath, basins, washing machine, laundry trough and kitchen);

signatory means a signatory to the Australian Packaging Covenant, and includes an organisation that accedes to that Covenant after it is made, whether before or after the commencement of Part 4.3;

significant development licence application means an application for a development licence the Authority considers is reasonably likely to have significant implications for public health and meets the criteria specified by the Minister for the purposes of regulation 22(1)(c) in a determination published in the Government Gazette;

silage means forage that has been preserved for use as animal feed;

silage production means the anaerobic process of preserving forage to produce silage;

soil containing asbestos only means priority waste that is classified as soil containing asbestos only in accordance with regulation 67 or 68;

solid fuel heater

means a domestic solid fuel burning appliance as set out in clause 1.2 of AS/NZS 4012 or clause 1.2 of


AS/NZS 4013, regardless of whether the appliance—

(a)was manufactured before or after the commencement of these Regulations; or

(b)is new or used;

source, in relation to Part 3.5 and Schedule 1, means a point from which wastes are discharged or emitted to the atmosphere;

spark ignition engine means an internal combustion engine in which the mixture of air and fuel is ignited by means of electrical spark;

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;

specified combustible recyclable and waste material means paper, cardboard, wood, plastic, rubber, tyres, tyre-derived waste, textiles, e-waste, metal and other materials with combustible contaminants, combustible by-products of metal processing activities and refuse-derived fuel;

specified electronic waste means waste rechargeable batteries, cathode ray tube monitors and televisions, flat panel monitors and televisions, information technology and telecommunications equipment, lighting and photovoltaic panels;

stationary noise level, in relation to a particular type of vehicle, means the noise level established for that vehicle in accordance with ADR 83/00 when the vehicle is stationary;

telecommunications carrier means the holder of a carrier licence granted under the Telecommunications Act 1997 of the Commonwealth;

the Act means the Environment Protection Act 2017;

tourist establishment means tourist facilities that are located within an area that is characterised by a natural acoustic environment that supports tourism experiences, and includes accommodation (such as a bed and breakfast establishment);

trade waste has the same meaning as in the Water Act 1989;

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);

turnover means gross annual income;

unsolicited document means a document that is, or is intended to be, deposited in, on or at, or affixed to, a place or premises without—

(a)being addressed by name to a person who owns, occupies or manages the place or premises; or

(b)the express consent of the owner, occupier or manager of the place or premises;

but does not include the following—

(c)any stamped mail delivered by, or on behalf of, Australia Post;

(d)any material that has a political purpose if deposited in accordance with regulation 55(2)(a);

(e)a newspaper or magazine or any material folded or inserted into a newspaper;

(f)any public notice issued by a litter authority or a body supplying electricity, gas, water, transport, communications or other service;

(g)any document issued under, or for the purposes of, any Act or Commonwealth Act or regulations made under any Act or Commonwealth Act;

(h)any other document issued by, or on behalf of, a council, a public sector body or a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 of the Commonwealth;

Examples

1     Junk mail.

2     An advertising leaflet placed under the windshield wiper of a car without the consent of the owner.

3     A poster or bill pasted onto a wall without the consent of the owner.

urban growth boundary means a boundary that is specified or is to be specified as an urban growth boundary in a planning scheme;

vapour pressure, in relation to Division 6 of Part 5.6, means the petrol's volatility at 37·8℃ measured using the test method specified in ASTM D4953‑20 Standard Test Method for Vapor Pressure of Gasoline and Gasoline-Oxygenate Blends (Dry Method) published by ASTM International, as in force from time to time, or other method approved by the Authority;

vehicle testing notice means a written notice given by the Authority under regulation 156;

Victoria Planning Provisions or VPPs has the same meaning as in the Planning and Environment Act 1987;

volatile organic compound means any carbon-based chemical compound with a vapour pressure of at least 0·010 kPa at a temperature of 25°C or having a corresponding volatility under the particular conditions of use, but does not include carbon monoxide (CO), carbon dioxide (CO2), carbonic acid, metallic carbides or carbonate salts;

Waste Classification Assessment Protocol means the Waste Classification Assessment Protocol published by the Authority on its website, as in force from time to time;

waste code means a code identifier for a waste specified in column 4 of Schedule 5 or, if there is no suitable waste code specified in column 4 of Schedule 5, allocated in a designation issued by the Authority;

Waste Disposal Categories—Characteristics and Thresholds means the Waste Disposal Categories—Characteristics and Thresholds published by the Authority on its website, as in force from time to time;

wastetyres means whole rubber tyres which are considered waste for the purposes of the Act;

wastewater means waste principally consisting of water and includes any of the following—

(a)sewage or other human-derived wastewater;

(b)wash down water or cooling water;

(c)irrigation runoff or contaminated stormwater;

(d)contaminated groundwater;

(e)water containing any commercial, industrial and trade waste;

water corporation has the same meaning as in the Water Act 1989;

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;

wind energy facility means one or more wind turbines that are—

(a)owned or operated by the same person or entity; and

(b)installed in close proximity to each other (whether or not located on the same premises); and

(c)electrically connected to a common grid;

wind turbine means a device that is used for extracting kinetic energy from the wind (other than for domestic or rural use of the land) and includes the—

(a)components comprising the device, such as the blades, gearbox and generator; and

(b)associated equipment in the immediate vicinity of the device, such as the transformer at its base;

wind turbine noise means the noise produced by the wind turbines at a wind energy facility;

wind turbine noise agreement means an agreement referred to in regulation 131A.

5Determinations of the Authority

(1)The Authority may make a determination for the purposes of section 36(a) of the Act that sets out the background level (including the manner of deriving the background level) of waste or a chemical substance in relation to land.

(2)A determination made by the Authority under subregulation (1) may—

(a)set out the background level (including the manner of deriving the background level) of any of the following—

(i)waste or a type of waste;

(ii)a chemical substance or a class of chemical substance; and

(b)be limited to a specific place or premises or class of place or premises; and

(c)be of specific or general application.

(3)The Authority may make a determination that sets out the specifications acceptable to the Authority in relation to the following—

(a)receiving and using industrial waste under regulation 63(b);

(b)the use of waste tyres under regulation 63(j) for the purposes of item 14 (A09b—Waste tyre storage—small) in the Table in Schedule 1;

(c)a declaration of use made under regulation 64(2).

Note

The Act authorises the Authority to make determinations of other matters, including that a person does not require a certain type of permission (see section 48 of the Act).

(4)The Authority may include in a determination under this regulation any condition or limitation it considers appropriate in the circumstances.

(5)If the Authority makes a determination under this regulation it must publish a notice in the Government Gazette that—

(a)states that the determination has been made; and

(b)identifies to whom and to what the determination applies; and

(c)identifies any provision of these Regulations to which the determination relates; and

(d)includes any other details that the Authority considers to be appropriate.

(6)As soon as practicable after publishing a notice in the Government Gazette, the Authority must cause a similar notice to be published on its website.

(7)A determination takes effect on the day on which the notice is published in the Government Gazette, or on any later day specified in the notice.

(8)The Authority must make a copy of a determination available for inspection, on request, by any person affected by the determination.

(9)Nothing in this regulation requires the Authority to include in the notice under subregulation (5) or (6) or the copy of the determination under subregulation (8)—

(a)any confidential or personal information about an individual; or

(b)any confidential information relating to manufacturing or commercial secrets or working processes.

6Act compliance notes

If a note at the foot of a provision of these Regulations states "Act compliance" followed by a reference to a section number, the regulation provision sets out the way in which a person's duty or obligation under that section of the Act is to be performed in relation to the matters and to the extent set out in the regulation provision.

Note

A failure to comply with a duty or obligation under a section of the Act referred to in an "Act compliance" note is an offence to which a penalty or other sanction (including a notice under Chapter 10 of the Act) applies.

7References to Chapters and Parts

Unless the context otherwise requires, a reference in these Regulations to a Chapter or Part by a number must be construed as a reference to the Chapter or Part, designated by that number, of these Regulations.

CHAPTER 2—CONTAMINATED LAND

PART 2.1—PRESCRIBED NOTIFIABLE CONTAMINATION

8Soil contamination

For the purposes of section 37(a) of the Act, the following is prescribed notifiable contamination—

(a)the presence of a contaminant in or on soil on land under the management or control of a person if—

(i)a person is, or is likely to be, exposed to the contaminant; and

(ii)the concentration of the contaminant is, and is likely to remain, at a concentration that is—

(A)above the average threshold for that contaminant; or

(B)equal to or above the localised elevated value threshold for that contaminant;

(b)the presence of a contaminant in or on soil on land adjacent to land under the management or control of a person if—

(i)the contaminant has entered from, or is likely to have entered from, the land under the management or control of the person; and

(ii)the concentration of the contaminant is, and is likely to remain, at a concentration that is—

(A)above the average threshold for that contaminant; or

(B)equal to or above the localised elevated value threshold for that contaminant;

(c)the presence of a contaminant in or on soil on land under the management or control of a person—

(i)that is likely to enter and remain on land adjacent to that land; and

(ii)in a concentration that is likely to be above the HIL for that contaminant for the current use of the adjacent land, as specified in section 6 of Schedule B1 to the NEPM (ASC).

9Asbestos in or on soil

For the purposes of section 37(a) of the Act, the presence of friable asbestos in or on soil on land is prescribed notifiable contamination if a person is, or is likely to be, exposed to airborne asbestos fibre levels of above 0·01 fibres per millilitre by means of inhalation.

10Actual or likely contamination of groundwater or surface water

(1)For the purposes of section 37(a) of the Act, the entry or likely entry of a contaminant into groundwater is prescribed notifiable contamination if—

(a)the groundwater discharges, or is likely to discharge, to surface water, or is used, or may be used, for—

(i)human consumption or contact; or

(ii)stock watering; or

(iii)irrigation; and

(b)the concentration of the contaminant in the groundwater—

(i)is, or is likely to be, above the default guideline value for that contaminant specified in the ANZG, or the guideline value for that contaminant specified in the ADWG; and

(ii)is likely to remain above that specified concentration.

(2)For the purposes of section 37(a) of the Act, the entry or likely entry of a contaminant into surface water is prescribed notifiable contamination if the concentration of the contaminant in the surface water—

(a)is, or is likely to be, above the default guideline value for that contaminant specified in the ANZG, or the guideline value for that contaminant specified in the ADWG; and

(b)is likely to remain above that specified concentration.

(3)For the purposes of section 37(a) of the Act, the presence of any non-aqueous phase liquid in groundwater, surface water or an aquifer on or in land is prescribed notifiable contamination.

(4)In this regulation—

ADWG means the Australian Drinking Water Guidelines Paper 6—National Water Quality Management Strategy, published by the National Health and Medical Research Council, National Resource Management Ministerial Council, Commonwealth of Australia in 2011, as in force from time to time;

ANZG means the Australian and New Zealand Guidelines for Fresh and Marine Water Quality, published by the Australian and New Zealand Governments and Australian State and Territory Governments in 2018, as in force from time to time.

11Vapour inhalation pathway (vapour intrusion)

(1)For the purposes of section 37(a) of the Act, in the circumstances specified in subregulation (2), the following are prescribed notifiable contamination—

(a)the 95% upper confidence limit on the arithmetic average concentration of a contaminant in soil vapour samples from the land is above the interim soil vapour HIL for volatile organic chlorinated compounds for the current use of the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(b)the concentration of a contaminant in an individual soil vapour sample from the land is equal to or above 250% of the interim soil vapour HIL for volatile organic chlorinated compounds for the current use of the land or any land adjacent to the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(c)the 95% upper confidence limit on the arithmetic average concentration of a contaminant in soil vapour samples from the land is above the soil vapour HSL for vapour intrusion for the current use of the land or any land adjacent to the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(d)the concentration of a contaminant in an individual soil vapour sample from the land is equal to or above 250% of the soil vapour HSL for vapour intrusion for the current use of the land or any land adjacent to the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(e)the 95% upper confidence limit on the arithmetic average concentration of a contaminant in soil samples from the land is above the soil HSL for vapour intrusion for the current use of the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(f)the concentration of a contaminant in an individual soil sample from the land is equal to or above 250% of the soil HSL for vapour intrusion for the current use of the land or any land adjacent to the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(g)the 95% upper confidence limit on the arithmetic average concentration of a contaminant in groundwater samples from the land is above the groundwater HSL for vapour intrusion for the current use of the land or any land adjacent to the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(h)the concentration of a contaminant in an individual groundwater sample from the land that is equal to or above 250% of the groundwater HSL for vapour intrusion for the current use of the land as specified in section 6 of Schedule B1 to the NEPM (ASC).

(2)For the purposes of subregulation (1), the following circumstances are specified—

(a)the concentration of a contaminant remains, or is likely to remain, above the concentration specified in that subregulation;

(b)a person is, or is likely to be, exposed to the contaminant or any by-product of the contaminant.

12On-site retention of contaminated soil

For the purposes of section 37(a) of the Act, the on-site retention of soil (other than fill material) from contaminated land sourced on-site that is not an activity for which a permission is required, is prescribed notifiable contamination.

13Prescribed exempt notifiable contamination

For the purposes of section 40(4)(b) of the Act, the following are prescribed exempt notifiable contamination—

(a)a stockpile of industrial waste at a place or premises authorised to receive industrial waste, other than retention of soil described in regulation 12;

(b)contamination of land in relation to which a notice was served by the Authority under section 31A, 31B, or 62A of the Environment Protection Act 1970 for land or groundwater contamination, that was in force immediately before the repeal of that Act or had been revoked if there has been no material change in the condition of the land after the notice was served or revoked;

(c)contamination of land in relation to which a certificate of environmental audit or a statement of environmental audit has been issued by an environmental auditor under the Environment Protection Act 1970, if—

(i)no potentially contaminating activities have been carried out on the land after the certificate or statement was issued; and

(ii)there has been no material change in the condition of the land after the certificate or statement was issued; and

(iii)there are no adverse effects on land adjacent to the land;

(d)contamination of land arising from a particular waste or a chemical substance that is not specified in section 6 of Schedule B1 to the NEPM (ASC), other than contamination arising from—

(i)asbestos described in regulation 9; or

(ii)non-aqueous phase liquid described in regulation 10(3).

14Prescribed information for notifications

For the purposes of section 41(2)(e) of the Act, prescribed information is information on the management response, or proposed management response, to the notifiable contamination by the person in management or control of the land.

PART 2.2—NON-AQUEOUS PHASE LIQUIDS

15Clean up of non-aqueous phase liquids

A person in management or control of land where a non-aqueous phase liquid is present in soil or groundwater must, so far as reasonably practicable—

(a)clean up the non-aqueous phase liquid; and

(b)if the source of the non-aqueous phase liquid is located on the land, remove or control the source of the liquid.

Note

Act compliance—section 39 (see regulation 6).

CHAPTER 3—PERMISSIONS

PART 3.1—GENERAL

16Permission activities

(1)For the purposes of section 44 of the Act, an activity set out in column 3 of the Table in Schedule 1 is a prescribed development activity if the corresponding entry in column 4 of that Table specifies that the activity is a prescribed development activity.

(2)For the purposes of section 45 of the Act, an activity set out in column 3 of the Table in Schedule 1 is a prescribed operating activity if the corresponding entry in column 4 of that Table specifies that the activity is a prescribed operating activity.

(3)For the purposes of section 46 of the Act, an activity set out in column 3 of the Table in Schedule 1 is a prescribed permit activity if the corresponding entry in column 4 of that Table specifies that the activity is a prescribed permit activity.

(4)For the purposes of section 47 of the Act, an activity set out in column 3 of the Table in Schedule 1 is a prescribed registration activity if the corresponding entry in column 4 of that Table specifies that the activity is a prescribed registration activity.

Note

Subregulations (1), (2), (3) and (4) do not apply if, in relation to the activity, an exemption set out in Part 3.5 applies.

17Matters to be included in permission applications to the Authority

(1)For the purposes of section 50(1)(e) of the Act, the following information is prescribed in the case of an application made to the Authority for any permission—

(a)any evidence of the applicant's identity that is required by the Authority;

(b)a declaration to the effect that the information contained in the application is, to the best of the applicant's knowledge, true;

(c)if the applicant seeks to have the permission issued or granted in the name of a business, the business name and any written evidence required by the Authority of the registration of the business name.

(2)For the purposes of section 50(1)(e) of the Act, the following information is prescribed in the case of an application made to the Authority for a licence or a permit—

(a)a declaration as to whether or not the applicant and, if the applicant is a body corporate, any officer of the applicant or of another body corporate that has or had one or more officers in common with the applicant or any family member of the applicant has ever—

(i)been found guilty of any offence, or entered into an undertaking, under any relevant environment protection legislation and, if so, details of the findings of guilt; or

(ii)been declared bankrupt or agreed to a personal insolvency agreement under Part X of the Bankruptcy Act 1966 of the Commonwealth; or

(iii)held property in a testamentary trust;

(b)a declaration as to whether the applicant and, if the applicant is a body corporate, any officer of the applicant or of another body corporate that has or had one or more officers in common with the applicant or any family member of the applicant has ever previously had a permission suspended or cancelled under any relevant environment protection legislation and, if so, details of the suspension or cancellation.

18Prescribed conditions under section 64 of the Act

(1)For the purposes of section 64(a) of the Act, a condition that is described in the permission as applying for the purposes of section 64 of the Act is prescribed.

(2)For the purposes of section 64(b) of the Act, the following classes of conditions are prescribed—

(a)conditions requiring the permission holder to provide data or to report on matters to the Authority, another agency or the public, including reporting on compliance with the permission or the conditions attaching to the permission;

(b)conditions requiring the permission holder to make and retain records for inspection.

19Prescribed circumstances for refusal of permission

(1)For the purposes of sections 69(4)(c), 74(4)(d), 78(3)(c) and 81(4)(c) of the Act, it is a prescribed circumstance if an application specifies an activity involving a new wastewater discharge or deposit to surface waters in a special water supply catchment area set out in Schedule 5 to the Catchment and Land Protection Act 1994.

SCHEDULE 11—COMPONENT FEES

Regulation 177

1Acceptance of waste

(1)The component fee for an activity of a type set out in item 7 (A05a—Landfills—excluding municipal landfills servicing <5000 people) in the Table in Schedule 1 is the greater of—

(a)the amount expressed in fee units calculated by multiplying 0·0103 by the number of tonnes of waste received by the person in a year; or

(b)81·83 fee units.

Note

This figure does not include priority waste which is calculated using a multiplier of 0.103; see subclause (2).

(2)The component fee for an activity of a type set out in item 1 (A01—Reportable priority waste management) in the Table in Schedule 1 is the greater of—

(a)the amount expressed in fee units calculated by multiplying 0·103 by the number of tonnes of reportable priority waste (transport) received by the person in a year; or

(b)81·83 fee units.

Note

Reportable priority waste (transport) is a defined term—see regulation 4.

(3)A component fee calculated under this clause must not exceed 42 000 fee units.

2Discharge or emission to the atmosphere

(1)In this clause, annual load means the maximum amount of waste permitted under a licence to be discharged or emitted to the atmosphere, expressed in tonnes per year—

(a)as specified in the licence; or

(b)in the case of a licence that specifies a maximum amount of waste permitted to be discharged or emitted in grams per minute, calculated by converting that amount to tonnes per year; or

(c)calculated using an emissions estimation technique approved by the Authority under clause 4.

(2)Subject to subclause (3), the component fee for discharges or emissions to the atmosphere is the greater of—

(a)the amount expressed in fee units calculated in accordance with the formula—

Annual load × C

where—

C   is the component rate specified in column 2 of Table 1 to this clause that corresponds to the class indicator for the component to be discharged or emitted under the licence specified in column 1 of that Table; or

(b)one fee unit.

(3)In the case of an activity set out in item 70
(K01—Power generation) of the Table in Schedule 1 involving an electricity generating power station that only operates during times of peak network load, the component fee calculated under subclause (2) must be multiplied by the following capacity factor formula—

(Total power generated in a financial year (MWh)) / (365 days x 24 hours x Installed capacity of the power station (MW)).

(4)If volatile organic compounds or total organic compounds are specified in a licence, the component fee is calculated using the component rate for Class 2 substances specified in Table 1 to this clause.

(5)If particles are specified in a licence, but the particle size or the particle chemical composition is not specified, the component fee is calculated using the component rate for Class 1 substances specified in Table 1 to this clause.

Table 1

Column 1

Component

Column 2

Component rate
Class 1 substance 0·412
Class 2 substance 4·12
Class 3 substance 412

(6)A component fee calculated under this clause must not exceed 42 000 fee units.

3Discharge or deposit to water or land

(1)In this clause, annual flow means the volume of water permitted under a licence to be discharged or deposited to land or water, expressed in megalitres per year, calculated by—

(a)multiplying the mean daily flow rate as specified in the licence by 365; or

(b)using an emissions estimation technique approved by the Authority under clause 4.

(2)For the purposes of subclause (1), if the licence does not specify a mean daily flow, the maximum daily flow specified in the licence must be used.

(3)Subject to subclause (4), the component fee for discharges or deposits to land or water is the greater of—

(a)the amount expressed in fee units calculated in accordance with the formula—

Annual flow × C

where—

C   is the component rate specified in column 2 of Table 2 to this clause that corresponds to the component to be discharged or deposited under the licence specified in column 1 of that Table; or

(b)one fee unit.

(4)In the case of an activity set out in item 70


(K01—Power generation) of the Table in Schedule 1 involving an electricity generating power station that only operates during times of peak network load, the component fee calculated under subclause (3) must be multiplied by the following capacity factor formula—

(Total power generated in a financial year (MWh)) / (365 days x 24 hours x Installed capacity of the power station (MW)).

(5)If a discharge or deposit of any of the components in Table 2 to this clause is licensed to be discharged or deposited to land rather than water, the relevant fee for that component must be reduced by 50%.

(6)If a licence specifies electrical conductivity, the fee is the component fee for total dissolved solids multiplied by two thirds of the electrical conductivity specified under licence.

(7)If a licence specifies both electrical conductivity and total dissolved solids, no fee is to be charged for electrical conductivity.

(8)If more than one of the parameters defined as organic matter is specified under a licence, the greater limit must be used for fee calculations.

Table 2

Column 1

Component

Column 2

Component rate

(1)    If the licence specifies an amount of waste permitted to be discharged or deposited under the licence—

(a)    for each milligram per litre of the amount of waste permitted to be discharged or deposited under the licence of—

(i)    total dissolved solids, discharged or deposited to anywhere other than the ocean (see subclauses (5) and (6) above);

0·000618
(ii)     suspended solids; 0·00309
(iii)    organic matter (see subclauses (7) and (11)); 0·00309
(iv)    total phosphorus; 0·00515
(v)     total nitrogen (excluding ammonia); 0·00515
(vi)    ammonia; 0·0515
(vii)   for item 36 (B03—Fish farms) in the Table in Schedule 1 only, ammonia at 0·5 mg/L or less; 0·00515
(viii)  toxicant (including heavy metals) (see subclause (11)); 0·309
(ix)    any other waste component not specified elsewhere 0·0515
(b)    for each platinum cobalt unit of colour that may be discharged or deposited under licence 0·000309
(c)     for each degree Celsius of temperature above ambient temperature that may be discharged or deposited under a licence 0·00309
(2)    If a licence permits the discharge or deposit of bacteria (E. coli) at a concentration of—
(a)    greater than 10 organisms per 100 millilitres or more but not greater than 200 organisms per 100 millilitres; 0·00103
(b)    greater than 200 organisms per 100 millilitres or more, but not greater than 2000 organisms per 100 millilitres; 0·0103
(c)     greater than 2000 organisms per 100 millilitres 0·103

(9)The amount of waste is the median amount of waste permitted to be discharged or deposited under the licence, however, if the median amount is not specified in the licence, the next lowest value specified in the licence must be used.

Examples

1If a licence permits the discharge or deposit of 20 mg/L of suspended solids, the component fee is calculated by multiplying the annual
flow × 20 × 0·00309.

2If a licence permits the discharge or deposit of 5 platinum units of colour, the component fee is calculated by multiplying the annual
flow × 5 × 0·000309.

3If a licence permits the discharge or deposit at a temperature 2ºC above ambient temperature, the component fee is calculated by multiplying the annual flow × 2 × 0·00309.

4If a licence permits the discharge or deposit of bacteria, specifying that a concentration of 250 organisms per 100 millilitres may be discharged, the component fee is calculated by multiplying the annual flow × 0·0103.

(10)A component fee calculated under this clause must not exceed 42 000 fee units.

(11)In this clause—

above ambient temperature means, for any particular season, any temperature level of the waters receiving the licensed discharge or deposit higher than the average temperature for that season;

organic matter means total organic carbon, biochemical oxygen demand, or chemical oxygen demand that may be discharged or deposited under a licence;

toxicant means a substance which is poisonous to living things.

4Authority may approve emissions estimation technique

(1)For the purposes of clauses 2(1)(c) and 3(1)(b), the Authority may approve an emissions estimation technique having regard to the activity being undertaken and the nature of the emissions.

(2)An approval under subclause (1) must be in writing.

═════════════


ENDNOTES

1   General information

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

The Environment Protection Regulations 2021, S.R. No. 47/2021 were made on 25 May 2021 by the Governor in Council under section 465 of the Environment Protection Act 2017, No. 51/2017 and came into operation on 1 July 2021: regulation 3.

The Environment Protection Regulations 2021 will sunset 10 years after the day of making on 25 May 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

This publication incorporates amendments made to the Environment Protection Regulations 2021 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Environment Protection Amendment Regulations 2021, S.R. No. 82/2021

Date of Making: 20.7.21
Date of Commencement: 20.7.21

Environment Protection Amendment (Wind Turbine Noise) Regulations 2021, S.R. No. 92/2021

Date of Making: 27.7.21
Date of Commencement: 1.8.21: reg. 4

Environment Protection Further Amendment Regulations 2021, S.R. No. 123/2021

Date of Making: 28.9.21
Date of Commencement: 28.9.21

Environment Protection Further Revocation Regulations 2021, S.R. No. 131/2021

Date of Making: 26.10.21
Date of Commencement: Regs 5–8 on 26.10.21

Environment Protection Amendment (Interim) Regulations 2021, S.R. No. 132/2021

Date of Making: 26.10.21
Date of Commencement: 26.10.21

Environment Protection Amendment (Banning Single-Use Plastic Items) Regulations 2022, S.R. No. 85/2022

Date of Making: 20.9.22
Date of Commencement: 1.2.23: reg. 3

Environment Protection Amendment (Waste Tyres—Silage Production) Regulations 2022, S.R. No. 86/2022

Date of Making: 20.9.22
Date of Commencement: 20.9.22

Environment Protection Amendment (Wind Turbine Noise) Regulations 2022, S.R. No. 120/2022

Date of Making: 18.10.22
Date of Commencement: Regs 5–8 on 18.10.22

Environment Protection Amendment Regulations 2023, S.R. No. 115/2023

Date of Making: 8.11.23
Date of Commencement: 8.11.23

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

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.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty 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 penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 47/2021 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 4, definition of ADR 83/00 and regulations 142, 143, 144 and 145 Vehicle Standard (Australian Design Rule 83/00—External Noise) 2005, determined under section 7 of the Motor Vehicle Standards Act 1989 of the Commonwealth The whole
Regulation 4, definitions of
A-frequency weighting, alternative assessment criterion, alternative assessment location, background level, commercial, industrial and trade premises, effective noise level, LAeq, measurement point, noise limit and Noise Protocol and regulations 113, 118, 119, 125, 126 and 130 		Noise limit and assessment protocol for the control of noise from commercial, industrial and trade premises and entertainment venues, published by the Authority on its website The whole
Regulation 4, definitions of appropriate standard and AS/NZS 1546.1 AS/NZS 1546.1–Australian/New Zealand Standard 1546.1:2008, On‑site domestic wastewater treatment units, Part 1: Septic tanks, published by Standards Australia and Standards New Zealand in 2008 The whole
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 4, definitions of appropriate standard and AS/NZS 1546.2 AS/NZS 1546.2–Australian/New Zealand Standard 1546.2:2008, On‑site domestic wastewater treatment units, Part 2: Waterless composting toilets, published by Standards Australia and Standards New Zealand in 2008 The whole
Regulation 4, definition of AS/NZS 1546.3 (2008) AS/NZS 1546.3–Australian/New Zealand Standard 1546.3:2008, On‑site domestic wastewater treatment units, Part 3: Aerated wastewater treatment systems, published by Standards Australia and Standards New Zealand in 2008 The whole
Regulation 4, definitions of appropriate standard and AS 1546.3 (2017) AS 1546.3–Australian Standard 1546.3:2017, On‑site domestic wastewater treatment units, Part 3: Secondary treatment systems, published by Standards Australia in 2017, as amended on 21 December 2018 The whole
Regulation 4, definitions of appropriate standard and AS 1546.4 AS 1546.4–Australian Standard 1546.4:2016, On‑site domestic wastewater treatment units, Part 4: Domestic greywater treatment systems, published by Standards Australia in 2016 The whole
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 4, definitions of
APCO, Australian Packaging Covenant and signatory and regulation 93 		Australian Packaging Covenant 2017, agreed between the Australian Packaging Covenant Organisation Ltd, the representative body for signatories to the Covenant, and Commonwealth, State and Territory governments, endorsed by the National Environment Protection Council and published in 2017 The whole
Regulation 4, definitions of AS/NZS 4012 and solid fuel heater and regulations 109 and 110 AS/NZS 4012—Australian/New Zealand Standard 4012:2014, Domestic solid fuel burning appliances—Method for determination of power output and efficiency, published by Standards Australia and Standards New Zealand in 2014 The whole
Regulation 4, definitions of AS/NZS 4013 and solid fuel heater and regulations 109 and 110 AS/NZS 4013—Australian/New Zealand Standard 4013:2014, Domestic solid fuel burning appliances—Method for determination of flue gas emission, published by Standards Australia and Standards New Zealand in 2014 The whole
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 4, definitions of Australian Light Vehicle Standards (ALVS) Rules and DT80 test cycle and regulations 139 and 140 The Australian Light Vehicle Standards Rules 2015, published by the National Transport Commission in 2015 The whole
Regulation 4, definitions of average threshold, HIL, HSL, localised elevated value threshold and National Environment Protection (Assessment of Site Contamination) Measure 1999 or NEPM (ASC) and regulations 8, 11 and 13 National Environment Protection (Assessment of Site Contamination) Measure 1999 made under section 14 of the National Environment Protection Council Act (Victoria) 1995 and the equivalent legislation of the participating jurisdictions The whole
Regulation 4, definitions of controlled waste and National Environment Protection (Movement of Controlled Waste between States and Territories) Measure or NEPM (MCW) and regulations 79, 80, 81 and 82 National Environment Protection (Movement of Controlled Waste between States and Territories) Measure 1998 made under section 14 of the National Environment Protection Council (Victoria) Act 1995 and the equivalent legislation of the participating jurisdictions The whole
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 4, definition of ESMP data manual and regulation 141 ESMP data manual 1992: Engine speed at maximum power and noise test engine speeds for vehicles 1970 to 2005, published by the Authority on its website The whole
Regulation 4, definitions of National Environment Protection (National Pollutant Inventory) Measure or NEPM (NPI), National Pollutant Inventory or NPI, substance and substance identity information and regulations 104 and 106 National Environment Protection (National Pollutant Inventory) Measure 1998 made under section 14 of the National Environment Protection Council Act (Victoria) 1995 and the equivalent legislation of the participating jurisdictions The whole
Regulation 4, definitions of ANZSIC code, ANZSIC codes for NPI reporting and regulation 103, definition of reporting facility and Schedule 7 National Pollutant Inventory; List of Australian and New Zealand Standard Industrial Classification (ANZSIC), 2006; Table 2 Alphabetic Index of primary activities, published by the Commonwealth Department of Environment and Energy The whole
Regulation 4, definition of National Stationary Exhaust Noise Test and regulation 141 National Stationary Exhaust Noise Test Procedures for In‑Service Motor Vehicles, published by the National Transport Commission on behalf of the Land Transport Environment Committee in September 2006 The whole
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 4, definitions of forward-control passenger vehicle, off-road passenger vehicle, passenger car and relevant design rules Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) 2005 of the Commonwealth The whole
Regulation 4, definition of vapour pressure ASTM D4953—20 Standard Test Method for Vapor Pressure of Gasoline and Gasoline-Oxygenate Blends (Dry Method), published by ASTM International in 2020 The whole
Regulation 4, definitions of hazardous substance and Waste Classification Assessment Protocol and regulations 20, 61 and 66 Waste Classification Assessment Protocol, published by the Authority on its website The whole
Regulation 4, definitions of fill material and Waste Disposal Categories—Characteristics and Thresholds, regulation 62 and Schedules 1, 5 and 6 Waste Disposal Categories—Characteristics and Thresholds, published by the Authority on its website The whole
Regulation 10 Australian Drinking Water Guidelines Paper 6: National Water Quality Management Strategy, published by the National Health and Medical Research Council, National Resource Management The whole
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document

Ministerial Council, Commonwealth of Australia in 2011

Australian and New Zealand Guidelines for Fresh and Marine Water Quality, published by the Australian and New Zealand Governments and Australian State and Territory Governments in 2018

The whole
Regulation 40 Guidelines for Environmental Management—Use of Reclaimed Water, published by the Authority on its website Table 1. Classes of reclaimed water and corresponding standards for biological treatment and pathogen reduction
Regulation 170 Protocol for calculating monetary benefits, published by the Authority on its website The whole

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 92/2021 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, definition of NZS 6808:1998 and regulation 131B New Zealand Standard NZS 6808:1998, Acoustics—The Assessment and Measurement of Sound from Wind Turbine Generators, published by Standards New Zealand in 1998 The whole
Regulation 5, definition of NZS 6808:2010 and regulations 131B and 131D New Zealand Standard NZS 6808:2010, Acoustics—Wind farm noise, published by Standards New Zealand in 2010 The whole

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 123/2021 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 which amends regulation 40(2) of the Environment Protection Regulations 2021

Victorian guideline for water recycling, published by the Authority on its website in 2021

The whole

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 132/2021 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 4, which inserts a new definition of NZS 6808:1998 into regulation 4 of the Principal Regulations New Zealand Standard NZS 6808:1998, Acoustics—The assessment and measurement of sound from wind turbine generators, published by Standards New Zealand in 1998 The whole
Regulation 4, which inserts a new definition of NZS 6808:2010 into regulation 4 of the Principal Regulations New Zealand Standard NZS 6808:2010, Acoustics—Wind farm noise, published by Standards New Zealand in 2010 The whole

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 120/2022 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(4), which substitutes the definition of NZS 6808:1998 in regulation 4 of the Principal Regulations, regulation 5(8), which inserts the definition of 1998 NZS wind energy facility in regulation 4 of the Principal Regulations, and regulation 7, which inserts new regulation 131B in the Principal Regulations 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 5(4), which substitutes the definition of NZS 6808:2010 in regulation 4 of the Principal Regulations, regulation 7, which inserts new regulations 131B, 131BA, 131BC, 131CA and 131D in the Principal Regulations, and regulation 8, which New Zealand Standard NZS 6808:2010, Acoustics—Wind farm noise, published by Standards New Zealand on 1 March 2010 The whole
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
amends regulation 164(ca) of the Principal Regulations

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 115/2023 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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