Environment Protection Transitional Amendment Regulations 2021 (Vic)

Environment Protection Transitional Amendment Regulations 2021

S.R. No. 60/2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5New regulation 9A inserted

6Revocation of these Regulations

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Endnotes

STATUTORY RULES 2021

S.R. No. 60/2021

Environment Protection Act 2017

Environment Protection Transitional Amendment Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 22 June 2021

Responsible Minister:

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

SAMUAL WALLACE

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Environment Protection Transitional Regulations 2021 to save the Environment Protection (Management of Tunnel Boring Machine Spoil) Regulations 2020 for 2 years.

2Authorising provision

These Regulations are made under section 502 of the Environment Protection Act 2017.

3    Commencement

These Regulations come into operation on

1 July 2021.

4Principal Regulations

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

5New regulation 9A inserted

After regulation 9 of the Principal Regulations insert—

'9A Saving of Environment Protection (Management of Tunnel Boring Machine Spoil) Regulations 2020

(1)Despite the repeal of the old Act, the Environment Protection (Management of Tunnel Boring Machine Spoil) Regulations 2020[2] (Spoil Regulations) made under the old Act, as in force immediately before the commencement day—

(a)subject to this regulation, on and from the commencement day continue in force until 30 June 2023 as if they had been made under the Act; and

(b)may be amended or revoked as if they had been made under the Act.

(2)On and from the commencement day, the Spoil Regulations apply as if—

(a)in the definition of the Act in regulation 3 of the Spoil Regulations, the reference to "the Environment Protection Act1970" were a reference to "the Environment Protection Act2017"; and

(b)for regulation 4(1) of the Spoil Regulations were substituted—

"(1) Sections 44 and 45 of the Act do not apply to a person engaging in the receipt, storage, treatment, reprocessing, containment, handling or discharge or deposit onto land of tunnel boring machine spoil at a premises if—

(a)  the person submits (whether before, on or after 1 July 2021) an environment management plan for the premises to the Authority; and

(b)the Authority approves (whether before, on or after 1 July 2021) that environment management plan."; and

(c)regulation 4(2) of the Spoil Regulations were omitted; and

(d)in regulation 5 of the Spoil Regulations—

(i)a reference to "An occupier of premises" were a reference to "A person"; and

(ii)for paragraph (f) there were substituted—

"(f)the boundary of the processing area is at least 200 metres from any building (other than a caretaker's house) that is a sensitive land use, including a residential dwelling, a health service, a childcare centre or an education centre; and"; and

(iii)for paragraph (h) there were substituted—

"(h)any spoil that does not meet the specifications for containment of tunnel boring machine spoil, and that is spoil to which regulation 67 or 68 of the Environment Protection Regulations 2021[3] applies, is classified as a category of priority waste in accordance with that regulation (as applicable); and"; and

(iv)in paragraphs (i), (j)(iii) and (p)(v), a reference to "a site licensed to accept industrial waste of that kind" were a reference to "a place or premises authorised to receive industrial waste"; and

(v)in the note at the foot of that regulation, for "the Act" there were substituted "the Environment Protection Act 1970"; and

(e)in regulation 6(1) of the Spoil Regulations, a reference to "An occupier of any premises" were a reference to "A person who engages in the receipt, storage, treatment, reprocessing, containment, handling or discharge or deposit onto land of tunnel boring machine spoil at a premises".

(3)Despite the repeal of the old Act, an environment management plan approved by the Authority that is in effect immediately before the commencement day continues to have effect until 30 June 2023, unless that approval is revoked before that day.

(4)Despite the repeal of the old Act, section 27A(1)(b) of the old Act as in force immediately before the commencement day is taken to continue to have effect and apply as if the reference to "any regulations relating to industrial waste" were a reference to "the Environment Protection (Management of Tunnel Boring Machine Spoil) Regulations 2020", until 30 June 2023.'.

6Revocation of these Regulations

These Regulations are revoked on 30 June 2023.

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Endnotes

[1] Reg. 4: S.R. No. 48/2021.

[2] Reg. 5: S.R. No. 62/2020.

[3] Reg. 5: S.R. No. 47/2021.