Public Health and Wellbeing Amendment Act 2021 (Vic)

Public Health and Wellbeing Amendment Act 2021

No. 2 of 2021

table of provisions

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Principal Act

Part 2—Amendment of Public Health and Wellbeing Act 2008

4Section 58 amended

5New section 246F inserted

Part 3—Repeal of this Act

6Repeal of this Act

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Endnotes

1      General information

Public Health and Wellbeing Amendment Act 2021

No. 2 of 2021

[Assented to 9 February 2021]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purpose

The purpose of this Act is to amend the Public Health and Wellbeing Act 2008 to exclude noise or emissions from wind turbines at wind energy facilities from the application of Division 1 of Part 6 of that Act.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 December 2021, it comes into operation on that day.

3Principal Act

In this Act, the Public Health and Wellbeing Act 2008 is called the Principal Act.

Part 2—Amendment of Public Health and Wellbeing Act 2008

4Section 58 amended

(1)In section 58(2)(e) of the Principal Act, for "emission;" substitute "emission, other than a noise or emission referred to in subsection (2A);".

(2)After section 58(2) of the Principal Act insert—

"(2A)This Division does not apply to nuisances arising from or constituted by any noise or emission from a wind turbine at a wind energy facility.".

(3)For section 58(4) of the Principal Act substitute—

"(4)In this section—

offensive means noxious or injurious to personal comfort;

wind energy facility means land used to generate electricity by wind force, including land used for any turbine, building or other structure, anemometer or other thing used in or in connection with the generation of electricity by wind force, other than turbines principally used to supply electricity for domestic or rural use of land.".

5New section 246F inserted

At the end of Part 12 of the Principal Act insert—

"246F   Transitional provision—Public Health and Wellbeing Amendment Act 2021

(1)In this section—

amending Act means the Public Health and Wellbeing Amendment Act 2021;

commencement day means the day on which Part 2 of the amending Act comes into operation.

(2)Division 1 of Part 6, as in force immediately before the commencement day, continues to apply on and after that day to a notification or complaint that has been made but not resolved under that Division immediately before that day.

(3)Division 1 of Part 6, as amended by section 4 of the amending Act, applies to any notification or complaint made under that Division on or after the commencement day regardless of when the nuisance constituting the notification or complaint arose.".

Part 3—Repeal of this Act

6Repeal of this Act

This Act is repealed on 1 December 2022.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

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

Minister's second reading speech—

Legislative Assembly: 11 November 2020

Legislative Council: 26 November 2020

The long title for the Bill for this Act was "A Bill for an Act to amend the Public Health and Wellbeing Act 2008 and for other purposes."