Environment Protection Transitional Regulations 2021 (Vic)
Version No. 002
Environment Protection Transitional Regulations 2021
S.R. No. 48/2021
Version incorporating amendments as at
20 July 2021
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provision
3Commencement
4Definitions
5Approved testers
6Certificates of compliance
7Saving of certain clauses in the State environment protection policy (Waters)
8Saving of waste classifications of specific application
9Prescribed equivalent permissions
9ASaving of Environment Protection (Management of Tunnel Boring Machine Spoil) Regulations 2020
10Revocation of these Regulations
═════════════
Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 002
Environment Protection Transitional Regulations 2021
S.R. No. 48/2021
Version incorporating amendments as at
20 July 2021
1Objectives
The objectives of these Regulations are—
(a)to provide for persons appointed as approved testers under the Environment Protection Act 1970 to be taken to be approved motor vehicle testers under the Environment Protection Act 2017; and
(b)to provide for motor vehicle certificates of compliance issued under the Environment Protection Act 1970 to be taken to continue to be valid under the Environment Protection Act 2017; and
(c)to save certain clauses in the State environment protection policy (Waters) for a period of 2 years after the commencement of the Environment Protection Regulations 2021; and
(d)to save certain waste classifications; and
(e)to provide that equivalent new permissions under the Environment Protection Act 2017 are taken to be issued or granted by the Authority or a council.
2Authorising provision
These Regulations are made under section 502 of the Environment Protection Act 2017.
3Commencement
These Regulations come into operation on 1 July 2021.
4Definitions
In these Regulations—
commencement day is the day that section 63 of the Environment Protection Amendment Act 2018 comes into operation;
old Act has the same meaning as in section 468(1) of the Act;
State environment protection policy (Waters) means the State Environment Protection Policy declared by the Governor in Council under section 16(1) of the Environment Protection Act 1970 published in the Government Gazette No. S499 of 2018 on 23 October 2018;
the Act means the Environment Protection Act 2017.
5Approved testers
A person who is an approved tester under section 55AB of the old Act immediately before the commencement day is taken to be appointed as an approved motor vehicle tester under Division 7 of Part 5.6 of the Environment Protection Regulations 2021, subject to any conditions to which the appointment under the old Act was subject.
6Certificates of compliance
A certificate of compliance under section 55AC of the old Act is taken to be a certificate of compliance given under regulation 157(1)(b) of the Environment Protection Regulations 2021.
7Saving of certain clauses in the State environment protection policy (Waters)
Despite the repeal of the old Act, the following provisions of the State environment protection policy (Waters), as in force immediately before the commencement day, are taken to remain in force as if section 16 of the old Act was not repealed for a period of 2 years after the commencement day, unless sooner revoked—
(a)clause 28(1) and (2);
(b)clause 29;
(c)clause 30;
(d)clause 34(3) and (4);
(e)clause 35(1), (5) and (6);
(f)clause 37;
(g)Schedule 4.
8Saving of waste classifications of specific application
(1)Despite the repeal of the old Act, a classification of specific application issued under regulation 11 of the Environment Protection (Industrial Waste Resource) Regulations 2009[1] that is in force immediately before the commencement day—
(a)continues in force during the relevant period; and
(b)is, during the relevant period, taken to be a designation issued under regulation 86 of the Environment Protection Regulations 2021; and
(c)is subject to any conditions to which the classification under the Environment Protection (Industrial Waste Resource) Regulations 2009 was subject.
(2)In this regulation—
relevant period, in relation to a classification, means the period that begins on the commencement day and ends on the earliest of the following—
(a)if the Authority specified under regulation 11(2) of the Environment Protection (Industrial Waste Resource) Regulations 2009 that the classification is to expire on a particular day, that day;
(b)if the Authority revokes the classification, the day of revocation;
(c)30 June 2023.
9Prescribed equivalent permissions
If a person is taken to hold a new permission because of section 471 of the Act, the new permission is taken to be issued or granted—
(a)in the case of a permit that is the equivalent of a permit issued under section 53M of the Environment Protection Act 1970, by the council that issued the permit under section 53M; or
(b)in any other case, by the Authority.
9ASaving 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 (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, 45 and 46 of the Act do not apply to a person engaging in the receipt, storage, treatment, reprocessing, containment, handling or discharge, deposit or disposal 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 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
(iva)in paragraph (k), for "discharge or deposit" there were substituted "discharge, deposit or disposal"; 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, deposit or disposal onto land of tunnel boring machine spoil at a premises"; and
(f)in regulation 6(2)(i) of the Spoil Regulations, for "discharge or deposit" there were substituted "discharge, deposit or disposal".
(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.
10Revocation of these Regulations
These Regulations are revoked on 30 June 2023.
═════════════
Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Environment Protection Transitional Regulations 2021, S.R. No. 48/2021 were made on 25 May 2021 by the Governor in Council under section 502 of the Environment Protection Act 2017, No. 51/2017 and came into operation on 1 July 2021: regulation 3.
The Environment Protection Transitional Regulations 2021 will be revoked on 30 June 2023: see regulation 10.
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 Transitional Regulations 2021 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Environment Protection Transitional Amendment Regulations 2021, S.R. No. 60/2021
Date of Making: 22.6.21 Date of Commencement: 1.7.21: reg. 3
Environment Protection Transitional Further Amendment Regulations 2021, S.R. No. 83/2021
Date of Making: 20.7.21 Date of Commencement: 20.7.21
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.
4 Explanatory details
[1] Reg. 8: S.R. No. 77/2009 as amended by S.R. Nos 25/2015, 136/2016, 152/2016 and 72/2017.
0
0
0