Victorian Numbered Regulations

ENVIRONMENT PROTECTION REGULATIONS 2021 (SR NO 47 OF 2021)

TABLE OF PROVISIONS

   PART 1.1--PRELIMINARY

   1.      Objectives  
   2.      Authorising provision  
   3.      Commencement  

   PART 1.2--INTERPRETATION AND INTRODUCTORY MATTERS

   4.      Definitions  
   5.      Determinations of the Authority  
   6.      Act compliance notes  
   7.      References to Chapters and Parts  

   PART 2.1--PRESCRIBED NOTIFIABLE CONTAMINATION

   8.      Soil contamination  
   9.      Asbestos in or on soil  
   10.     Actual or likely contamination of groundwater or surface water  
   11.     Vapour inhalation pathway (vapour intrusion)  
   12.     On-site retention of contaminated soil  
   13.     Prescribed exempt notifiable contamination  
   14.     Prescribed information for notifications  

   PART 2.2--NON-AQUEOUS PHASE LIQUIDS

   15.     Clean up of non-aqueous phase liquids  

   PART 3.1--GENERAL

   16.     Permission activities  
   17.     Matters to be included in permission applications to the Authority  
   18.     Prescribed conditions under section 64 of the Act  
   19.     Prescribed circumstances for refusal of permission  
   20.     Permission conditions  
   21.     Authority or council may request additional information regarding certain applications  
   22.     Referral of development licence applications to prescribed agencies  
   23.     Circumstances in which operating licence must be refused  
   24.     Criteria for considering licence exemptions  

   PART 3.3--PERMITS

   25.     Prescribed permit activities to be administered by councils  
   26.     Prescribed matters for applications to councils in relation to on-site wastewater management systems  
   27.     Prescribed period for deciding permit applications  
   28.     Prescribed matters Authority or council must take into account when determining whether to issue permit  
   29.     Circumstances in which permit must be refused  
   30.     Prescribed period during which permits remain in force  
   31.     Prescribed matters Authority must consider when determining whether to issue permit exemption  
   32.     Prescribed matters for on-site wastewater management system permit exemptions  
   33.     Approval of use of on-site wastewater management system  
   34.     Prohibition on use of on-site wastewater management system  
   35.     Prescribed matters Authority must consider when determining whether to renew permit  

   PART 3.4--REGISTRATIONS

   36.     Prescribed period during which registrations remain in force  

   PART 3.5--EXEMPTIONS FROM CERTAIN PERMISSION ACTIVITIES

           Division 1--Activity-specific exemptions

   37.     Prescribed exemptions in relation to development activities  
   38.     Prescribed exemptions in relation to operating activities  
   39.     Prescribed exemptions in relation to item 73 (L01—General discharges or emissions to the atmosphere) of the Table in Schedule 1  
   40.     Prescribed exemptions in relation to permit activities  

           Division 2--Exemptions applying to more than one permission activity

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

   PART 3.6--ENVIRONMENT PROTECTION LEVY AND WASTE LEVY

   43.     Environment protection levy  
   44.     Waste levy activity  
   45.     Waste levy payable for soil containing asbestos only  
   46.     What is an allowable rebate?  
   47.     When must the waste levy be paid?  
   48.     Information for calculating waste levy  
   49.     Information for calculating allowable rebate  
   50.     Information to be provided to the Authority  
   51.     When must information be provided to the Authority?  
   52.     Municipal districts subject to higher waste levy for municipal and industrial waste  

   PART 3.7--ADDITIONAL OR ALTERNATIVE PENALTY FOR PROHIBITED PERSONS

   53.     Section 89 prescribed permission activity  

   PART 4.1--LITTER AND UNSOLICITED DOCUMENTS

           Division 1--Dangerous litter and unsolicited documents

   54.     Dangerous litter  
   55.     Depositing or affixing unsolicited documents  
   56.     Persons who commission or engage other persons for the distribution of unsolicited documents  
   57.     Offence relating to public litter receptacle  
   58.     Loading of vehicles  
   59.     Persons who may take proceedings  

   PART 4.2--INDUSTRIAL WASTE AND PRIORITY WASTE

           Division 1--Industrial waste

   60.     What is industrial waste?  
   61.     Classifying industrial waste  
   62.     Classifying soil sourced on-site from contaminated land  
   63.     Authorised to receive industrial waste  
   64.     Declaration of use  

           Division 2--Priority waste

   65.     What is priority waste?  
   66.     Classification of priority waste as reportable priority waste in accordance with the Waste Classification Assessment Protocol  
   67.     Classification of priority waste consigned for disposal  
   68.     Classification of priority waste that is soil  
   69.     Priority waste classification—information  
   70.     Mixing, blending or diluting priority waste  

           Division 3--Reportable priority waste

   71.     What is reportable priority waste (transactions)?  
   72.     What is reportable priority waste (transport)?  
   73.     What transactions apply in connection with reportable priority waste  
   74.     Manner and form for recording and providing transaction details—reportable priority waste  
   75.     Transaction details to be recorded and provided in relation to the consignment of reportable priority waste for transport  
   76.     Transaction details to be recorded and provided in relation to the transport of reportable priority waste  
   77.     Transaction details to be recorded and provided in relation to the receipt of reportable priority waste  
   78.     Manner and form for recording and providing transaction details—controlled waste  
   79.     Transaction details to be recorded and provided in relation to the consignment of controlled waste  
   80.     Transaction details to be recorded and provided in relation to the transport of controlled waste  
   81.     Transaction details to be recorded and provided in relation to the receipt of controlled waste  
   82.     Offences in relation to the transport of controlled waste  
   83.     Application for approval of electronic system for recording or providing transaction details  
   84.     Approval of application for electronic system  
   85.     Exemptions for interstate movement of controlled waste  

           Division 4--Waste designations

   86.     Authority may issue designation  
   87.     Applications for designations  

           Division 5--Accredited consigners

   88.     Accredited consigners  
   89.     Appointment of accredited consigners  
   90.     Variation of accredited consigner appointment  
   91.     Accredited consigner may apply for reappointment  
   92.     Accredited consigner may surrender appointment  

   PART 4.3--USED PACKAGING MATERIALS

   93.     Application  
   94.     Packaging for which brand owners are responsible  
   95.     Requirements to recover, reuse and recycle materials and review packaging design  
   96.     Recovery rate  
   97.     Categories of material  
   98.     Brand owners must keep records  
   99.     Brand owners must report annually  
   100.    Councils must provide information  

   PART 4.4--REGIONAL WASTE AND RESOURCE RECOVERY IMPLEMENTATION PLANS

   101.    Landfill scheduling in Regional Waste and Resource Recovery Implementation Plans  

   PART 5.1--PROHIBITED CHEMICAL SUBSTANCES

   102.    Prohibition on use of certain chemical substances  

   PART 5.2--AIR

           Division 1--National pollutant inventory

   103.    Definitions  
   104.    Occupier must provide data  
   105.    Estimation techniques  
   106.    Occupier must keep data for period of 5 years  
   107.    Commercially sensitive information  
   108.    Authority may approve matters for this Division  

           Division 2--Solid fuel heaters

   109.    Manufacture of solid fuel heaters  
   110.    Supply of solid fuel heaters  

           Division 3--Protection of the ozone layer

   111.    Requirements for handling methyl bromide  

           Division 4--Class 3 substances

   112.    Generators or emitters of Class 3 substances  

   PART 5.3--NOISE

           Division 1--Noise Protocol

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

           Division 2--Unreasonable and aggravated noise from residential premises

   114.    Unreasonable noise from residential premises  
   115.    Aggravated noise from residential premises  

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

   116.    Definitions—operating time periods  
   117.    Noise sources that must not be taken into account in this Division  
   118.    Unreasonable noise from commercial, industrial and trade premises  
   119.    Cumulative noise  
   120.    Frequency spectrum  
   121.    Aggravated noise from commercial, industrial and trade premises  

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

   122.    Music noise from live music entertainment venues  
   123.    Definitions—operating time periods  
   124.    Noise sources that must or must not be taken into account  
   125.    Unreasonable noise from an indoor entertainment venue  
   126.    Cumulative music noise from indoor entertainment venues  
   127.    Aggravated noise from an indoor entertainment venue  
   128.    When a permit is required for an outdoor entertainment venue  
   129.    When a permit is required for an outdoor entertainment event  
   130.    Unreasonable noise from outdoor entertainment venues or outdoor entertainment events  
   131.    Aggravated noise from an outdoor entertainment venue or outdoor entertainment event  

   PART 5.4--WATER

   132.    Discharge or deposit of waste from vessels  

   PART 5.5--PLASTIC SHOPPING BAG BAN

   133.    Retailer must not sell or provide banned plastic bag  
   134.    Provision of false or misleading information  

   PART 5.6--EMISSIONS FROM MOTOR VEHICLES

           Division 1--General

   135.    Application  

           Division 2--Air emissions

   136.    Visible pollution from motor vehicles  
   137.    Vehicle exhaust emissions—spark ignition engines manufactured 1 July 1976 to before 1 February 1986  
   138.    Vehicle exhaust emissions—spark ignition engines manufactured on or after 1 February 1986  
   139.    Vehicle exhaust emissions—diesel engine vehicles manufactured before 1 January 1996  
   140.    Vehicle exhaust emissions—diesel engine vehicles manufactured on or after 1 January 1996  

           Division 3--Noise emissions

   141.    How to determine motor vehicle noise emissions  
   142.    Noise emissions—motor vehicles approved in accordance with ADR 83/00  
   143.    Noise emissions—passenger vehicles not approved in accordance with ADR 83/00  
   144.    Noise emissions—goods vehicles and buses not approved in accordance with ADR 83/00  
   145.    Noise emissions—motor cycles and motor trikes not approved in accordance with ADR 83/00  
   146.    Non-compliant device  

           Division 4--Vehicle noise labelling standards

   147.    Labelling of motor cycles and motor trikes  

           Division 5--General motor vehicle offences

   148.    Selling or supplying a motor vehicle capable of exceeding a prescribed standard for the emission of noise  
   149.    Noise defeat devices  

           Division 6--Petrol vapour pressure

   150.    Definition  
   151.    Monthly average volumetric vapour pressure  
   152.    Production of petrol with excess vapour pressure  
   153.    Vapour pressure—record keeping  
   154.    Annual compliance report  

           Division 7--Approved motor vehicle testers and certificates of compliance

   155.    Appointment of approved motor vehicle testers  
   156.    Authority may require motor vehicle to be tested  
   157.    Approved motor vehicle tester to test vehicle  
   158.    Offences to use or supply or sell certain motor vehicles  

   PART 5.7--ON-SITE WASTEWATER MANAGEMENT SYSTEMS

   159.    On-site wastewater management system operation and maintenance  
   160.    Duty to provide information to occupier  
   161.    Duty to notify council  
   162.    Duty to keep and provide maintenance records  
   163.    Council may order maintenance  

   PART 6.1--ENVIRONMENTAL AUDIT SYSTEM

   164.    Functions of environmental auditors  
   165.    Authority approval of environmental auditor functions  
   166.    Prescribed time to apply for reappointment as environmental auditor  

   PART 6.2--FINANCIAL ASSURANCES

   167.    Prescribed permissions  
   168.    Risk assessment criteria  
   169.    Infringement offences and infringement penalties  
   170.    Monetary benefit orders protocol  
   171.    Council may take proceedings for specified offences relating to on-site wastewater management systems  

   PART 8.1--DEVELOPMENT LICENCES

   172.    Prescribed application fee for development licence  
   173.    Prescribed transfer fee for development licence  
   174.    Prescribed amendment fee for development licence  
   175.    Prescribed exemption fee for development licence  

   PART 8.2--OPERATING LICENCES

   176.    Prescribed application fee for operating licence  
   177.    Prescribed annual fee  
   178.    Prescribed time and period for annual fee  
   179.    Prescribed transfer fee for operating licence  
   180.    Prescribed amendment fee for operating licence  
   181.    Prescribed surrender fee for operating licence  
   182.    Prescribed exemption fee for operating licence  

   PART 8.3--PILOT PROJECT LICENCES

   183.    Prescribed application fee for pilot project licence  
   184.    Prescribed transfer fee for pilot project licence  
   185.    Prescribed amendment fee for pilot project licence  

   PART 8.4--PERMITS

           Division 1--Fees for reportable priority waste transport permits

   186.    Prescribed application fee for permit to transport reportable priority waste  
   187.    Prescribed transfer fee for permit to transport reportable priority waste  
   188.    Prescribed amendment fee for permit to transport reportable priority waste  
   189.    Prescribed surrender fee for permit to transport reportable priority waste  
   190.    Prescribed exemption fee for reportable priority waste transport permit—interstate authorisation  
   191.    Prescribed exemption fee for reportable priority waste transport permit  
   192.    Prescribed renewal fee for permit to transport reportable priority waste  

           Division 2--Fees for controlled waste transport permits

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

           Division 3--Fees for other permits issued by the Authority

   194.    Prescribed fees for certain permits  
   195.    Prescribed fees for permits relating to outdoor concerts or events  

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

   196.    Prescribed application fee for permit to construct, install or alter an on-site wastewater management system  
   197.    Prescribed fee to transfer on-site wastewater management system permit  
   198.    Prescribed fee to amend on-site wastewater management system permit  
   199.    Prescribed exemption fee for on-site wastewater management system permit  
   200.    Prescribed renewal fee for on-site wastewater management system permit  

   PART 8.5--REGISTRATIONS

   201.    Prescribed application fee for registration to transport reportable priority waste  
   202.    Prescribed exemption fee for reportable priority waste transport registration—interstate authorisation  
   203.    Prescribed renewal fee for registration to transport reportable priority waste  

   PART 8.6--FINANCIAL ASSURANCES

   204.    Prescribed review fee for financial assurance  
   205.    Prescribed fee for requesting release of financial assurance  

   PART 8.7--ENVIRONMENTAL AUDITORS AND AUDITS

   206.    Prescribed application fee for appointment as environmental auditor  
   207.    Prescribed fee for reappointment as environmental auditor  
   208.    Prescribed fees to be paid by environmental auditor  

   PART 8.8--OTHER FEES

   209.    Prescribed application fee for authorisation of emergency storage, use etc. of waste  
   210.    Prescribed fees for better environment plans  
   211.    Prescribed amendment fee for better environment plan  
   212.    Prescribed application fee for appointment as accredited consigner  
   213.    Prescribed fee for revocation or variation of site management order  
   214.    Prescribed fee for application for exemption from a provision of the regulations or a legislative instrument  

   PART 8.9--FEES WAIVER OR REFUND

   215.    Authority or council may waive or refund fees  

   PART 9.1--PUBLIC REGISTER

   216.    Additional information to be kept on the Public Register  
   217.    Time and manner for accessing the Public Register  

   PART 10.1--GENERAL TRANSITIONAL PROVISIONS

   218.    Definitions  

   PART 10.2--PERMISSIONS

   219.    Prescribed equivalent permissions  
   220.    Pending applications  
   221.    Prescribed provisions  
   222.    Temporary prescribed exemptions—operating activities  
   223.    Temporary prescribed exemptions—permit activities  
   224.    Temporary prescribed exemptions—registration activities  
           SCHEDULE 1
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           SCHEDULE 7
           SCHEDULE 8
           SCHEDULE 11
           ENDNOTES