Victorian Consolidated Regulations Victorian Consolidated RegulationsS.R. No. 47/2021
Version incorporating amendments as at
8 November 2023
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Version No. 010
Environment Protection Regulations 2021
S.R. No. 47/2021
Version incorporating amendments as at
8 November
2023
See www.legislation.vic.gov.au 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).
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 |
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 |
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 |
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 |
|
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 |
——
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 |