Victorian Consolidated Regulations

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ENVIRONMENT PROTECTION REGULATIONS 2021 - REG 4

Definitions

In these Regulations—

Reg. 4 def. of 1998 NZS wind energy facility inserted by S.R. No. 120/2022 reg. 5(8).

1998 NZS wind energy facility means a wind energy facility for which the relevant noise standard is NZS 6808:1998, including if the authorising document to which the facility is subject sets out conditions to modify or replace NZS 6808:1998 in relation to wind turbine noise;

"accredited consigner "means a person appointed as an accredited consigner under regulation 89;

"administrative amendment" means a change to a licence that—

        (a)     does not alter any obligation of the licence holder; or

        (b)     is a minor technical or clerical amendment;

Examples

Changes that correct one or more clerical mistakes, unintended omissions, miscalculated amounts or misdescriptions of any person, thing or activity.

ADR 83/00 means the Vehicle Standard (Australian Design Rule 83/00 – External Noise) 2005 , Compilation dated 6 November 2013, published by the Commonwealth Department of Infrastructure, Transport, Regional Development and Communications, as in force from time to time;

"A-frequency weighting" has the same meaning as in the Noise Protocol;

"alter", in relation to an on-site wastewater management system, means any change (other than general maintenance of the system) to—

        (a)     the design or construction of the system; or

        (b)     the operation of the system, or to the place or premises on or in which the system is located, which may increase the hydraulic flow or organic load of the system;

"alternative assessment criterion "means the maximum effective noise level that applies at an alternative assessment location to ensure compliance with the noise limit, as determined in accordance with the Noise Protocol;

"alternative assessment location" means a point used as a substitute measurement point for the assessment of noise, as determined in accordance with the Noise Protocol;

Reg. 4 def. of alternative monitoring point inserted by S.R. No. 92/2021 reg. 5(b), revoked by S.R. No. 131/2021 reg. 5(b), new def. of alternative monitoring point inserted by S.R. No. 132/2021 reg. 4(b), substituted by S.R. No. 120/2022 reg. 5(1).

"alternative monitoring point "means a point referred to in regulation 131BB;

Reg. 4 def. of alternative monitoring point criteria inserted by S.R. No. 92/2021 reg. 5(b), revoked by S.R. No. 131/2021 reg. 5(b), new def. of alternative monitoring point criteria inserted by S.R. No. 132/2021 reg. 4(b), substituted as alternative monitoring point criterion by S.R. No. 120/2022 reg. 5(1).

"alternative monitoring point criterion "means the maximum noise level (expressed in dB(A)) for wind turbine noise when assessed at an alternative monitoring point, determined in accordance with regulation 131BC ;

"ambulance service" has the same meaning as in the Ambulance Services Act 1986 ;

"animal unit" means one head of cattle or 5 of any other kind of mammal;

"annual fee", in relation to an operating licence, means the fee calculated under regulation 177;

"ANZSIC code", for an activity, means the classification code given to that activity under the Australian and New Zealand Standard Industrial Classification 2006 released by the Australian Bureau of Statistics, as in force from time to time;

"ANZSIC codes for NPI reporting" means the list of ANZSIC codes for National Pollutant Inventory reporting by activity type published by the Commonwealth Department of Environment and Energy, as in force from time to time;

"APCO" means Australian Packaging Covenant Organisation Ltd;

Note

APCO is the representative body for industry participants in the packaging supply chain who are signatories to the Australian Packaging Covenant.

"appropriate standard", in relation to an on-site wastewater treatment plant, means any one of the following—

        (a)     in the case of an on-site wastewater treatment plant that is a septic tank, AS/NZS 1546.1;

        (b)     in the case of an on-site wastewater treatment plant that is a waterless composting toilet, AS/NZS 1546.2;

        (c)     in the case of an on-site wastewater treatment plant that is a secondary treatment system, AS 1546.3 (2017);

        (d)     in the case of an on-site wastewater treatment plant that is a domestic greywater treatment system, AS 1546.4;

        (e)     in the case of an on-site wastewater treatment plant of a type approved by the Authority for the purposes of Part IXB of the Environment Protection Act 1970 and for which a certificate has been issued by a body accredited under the Joint Accreditation System of Australia and New Zealand prior to the commencement of these Regulations—

              (i)     if the certificate confirms the plant meets the requirements set out in AS/NZS 1546.3 (2008), until the expiry of the certificate or 30 June 2023, whichever is earlier; or

              (ii)     in any other case, the standard referred to in the certificate until the expiry of the certificate;

Reg. 4 def. of approved motor vehicle tester revoked by S.R. No. 115/2023 reg. 4(a).

    *     *     *     *     *

"aquifer" has the same meaning as in the Water Act 1989 ;

Note

"Aquifer" in the Water Act 1989 means a geological structure or formation or an artificial land fill permeated or capable of being permeated permanently or intermittently with water.

AS/NZS 1546.1 means the 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, as in force from time to time;

AS/NZS 1546.2 means the 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, as in force from time to time;

AS/NZS 1546.3 (2008) means the Australian Standard/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, as in force from time to time;

AS 1546.3 (2017) means the Australian Standard 1546.3:2017, On-site domestic wastewater treatment units, Part 3: Secondary treatment systems, published by Standards Australia, as in force from time to time;

AS 1546.4 means the Australian Standard 1546.4:2016, On-site domestic wastewater treatment units, Part 4: Domestic greywater treatment systems, published by Standards Australia, as in force from time to time;

AS/NZS 4012 means the 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, as in force from time to time;

AS/NZS 4013 means the 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, as in force from time to time;

Reg. 4 def. of authorising document inserted by S.R. No. 92/2021 reg. 5(b), revoked by S.R. No. 131/2021 reg. 5(b), new def. of authorising document inserted by S.R. No. 132/2021 reg. 4(b), substituted by S.R. Nos 120/2022 reg. 5(2), 115/2023 reg. 4(b).

"authorising document" means—

        (a)     a WEF planning permit; or

        (b)     a specific WEF planning control;

"Australian Light Vehicle Standards (ALVS) Rules" means the Australian Light Vehicle Standards Rules 2015, published by the National Transport Commission in 2015, as in force from time to time;

"Australian Packaging Covenant" means the agreement by that name (including all schedules and annexes to that agreement) between the Commonwealth, State and Territory governments and APCO to reduce the environmental impacts of consumer packaging in Australia, dated 2017, as in force from time to time;

average threshold means the 95% upper confidence limit on the arithmetic average concentration of a contaminant in or on soil that is equal to the HIL for that contaminant for the current use of the land, as specified in section 6 of Schedule B1 to the NEPM (ASC);

"background level", for the purposes of Part 5.3, means the background level as determined in accordance with the Noise Protocol;

"banned plastic bag" means a bag, other than an exempt plastic bag

        (a)     with handles; and

        (b)     that comprises, either wholly or partly, plastic, whether or not that plastic is biodegradable, degradable or compostable; and

        (c)     that has a thickness of 35 microns or less at any part of the bag;

"brand owner" means—

        (a)     in relation to a product that is sold or distributed in Australia—

              (i)     a person who is the owner of the product name under which the product is sold or distributed; or

              (ii)     if no person in Australia satisfies subparagraph (i) in relation to the product, each person who is a licensee of the product name under which the product is sold or distributed, but only in respect of those items of the product that are sold or distributed under that licence; or

              (iii)     if no person in Australia satisfies subparagraph (i) or (ii) in relation to the product, each person who is a franchisee under a business arrangement that allows the person to sell or otherwise distribute the product in Australia, but only in respect of those items of the product that are sold or distributed by the person under that arrangement; or

              (iv)     if no person in Australia satisfies subparagraph (i), (ii) or (iii) in relation to the product, the first person to sell or distribute that product in Australia; and

        (b)     in relation to a plastic bag that is provided to a consumer for the transportation of products purchased by the consumer in Australia—

              (i)     the importer or manufacturer of the plastic bag; or

              (ii)     the retailer who provides the plastic bag to the consumer at or around the point of sale;

"bus" has the same meaning as in the Bus Safety Act 2009 ;

"Category A waste" means priority waste that is classified as Category A waste in accordance with regulation 67 or 68;

"Category B waste" means priority waste that is classified as Category B waste in accordance with regulation 67 or 68;

"Category C waste" means priority waste that is classified as Category C waste in accordance with regulation 67 or 68;

"Category D waste" means priority waste that is classified as Category D waste in accordance with regulation 67 or 68;

Reg. 4 def. of certificate of compliance revoked by S.R. No. 115/2023 reg. 4(a).

    *     *     *     *     *

"chemical process" means any process where a chemical change occurs, but does not include physical processes such as mixing or blending;

"Chief Health Officer" has the same meaning as in the Public Health and Wellbeing Act 2008 ;

Class 1 substance means a substance listed in Schedule 4 as a Class 1 substance;

Class 2 substance means a substance listed in Schedule 4 as a Class 2 substance;

Class 3 substance means a substance listed in Schedule 4 as a Class 3 substance;

"commercial, industrial and trade premises" means any premises except the following—

        (a)     residential premises (other than common plant under the control of an owners corporation);

        (b)     a street or road, including every carriageway, footpath, reservation and traffic island on any street or road;

        (c)     a railway track used by rolling stock in connection with the provision of a freight service or passenger service

              (i)     while travelling on a railway track or tramway track; or

              (ii)     while entering or exiting a siding, yard, depot or workshop;

        (d)     a railway track used by rolling stock in connection with the provision of a passenger service, while in a siding, yard, depot or workshop and is—

              (i)     powering up to commence to be used in connection with the provision of a passenger service; or

              (ii)     shutting down after being used in connection with the provision of a passenger service;

        (e)     the premises situated at Lower Esplanade, St Kilda and known as "Luna Park" and being the whole of the land more particularly described in Certificate of Title Volume 1204 Folio 109;

Note

The maintenance, cleaning or loading of rolling stock stabled in a siding, yard, depot or workshop are included within the meaning of commercial, industrial and trade premises .

Examples

Common plant under the control of an owners corporation at residential premises includes common air conditioning units, car stackers and lift equipment in apartment buildings, all of which must be assessed as noise from commercial, industrial and trade premises in accordance with the Noise Protocol.

"compost" means an organic product that has undergone controlled aerobic and thermophilic biological transformation through the composting process to achieve pasteurisation and reduce phytotoxic compounds, and achieved a specified level of maturity required for compost;

"concert" means an operation at an outdoor entertainment venue or an outdoor entertainment event if the effective noise level exceeds 55dB(A) (or 45dB(A) if measured indoors) assessed as an L Aeq of 15 cumulative minutes at any measurement point in a noise sensitive area at least once during a 24-hour period;

"consign", in relation to waste, means arranging for the transport of the waste;

"consumer packaging" means all packaging products made of any material, or combination of materials, for the containment, protection, marketing or handling of consumer products, and includes distribution packaging;

Reg. 4 def. of containment system inserted by S.R. No. 82/2021 reg. 4.

"containment system" means a system used for the containment of tunnel boring machine spoil;

controlled waste has the meaning set out in clause 3 of the NEPM (MCW);

dB(A) means a noise level determined in accordance with A-frequency weighting;

"declaration of use" means a declaration of use made under regulation 64;

"designated waste" means reportable priority waste, in liquid form with a waste code J100, J120, J130, K100 or L100 in Schedule 5;

"designation", for the purposes of Part 4.2, means—

(a)     a designation setting out the waste classification for a waste; or

(b)     a designation relating to mixing, blending or diluting waste;

"diesel engine" means an internal combustion engine that operates on the compression-ignition principle;

"digestate "means the material remaining after the anaerobic digestion of organic waste;

"distribution packaging" means all packaging that contains multiples of products (the same or mixed) intended for direct consumer purchase, including—

(a)     secondary packaging used to secure or unitise multiples of consumer products such as cardboard boxes, shipper, shrink film overwrap; and

(b)     tertiary packaging used to secure or unitise multiples of secondary packaging such as pallet wrapping stretch film, shrink film, strapping;

DT80 test cycle means the DT80 transient test procedure for the testing of diesel-fuelled vehicle exhaust emissions as set out in Division 1 of Part 9 of the ALVS Rules;

"effective noise level "means—

(a)     in Division 3 of Part 5.3, the level of noise emitted from commercial, industrial and trade premises and, if appropriate, adjusted to take into account the character and duration of the noise and the measurement conditions, as determined in accordance with the Noise Protocol; and

(b)     in Division 4 of Part 5.3, the level of music noise from an indoor entertainment venue, outdoor entertainment venue or outdoor entertainment event, measured in a noise sensitive area or at an alternative assessment location, as determined in accordance with the Noise Protocol;

"electricity distribution company" has the same meaning as distribution company has in the Electricity Industry Act 2000 ;

equivalent passenger units or EPU , in relation to a type of tyre in column 2 of the Table in Schedule 2, means the corresponding value in column 3 of that Table;

"ESMP data manual "means the 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, as in force from time to time;

"ethanol-blended petrol" means petrol containing 4% or more of ethanol by volume but not more than 20% of ethanol by volume;

"e-waste" means waste in the form of electrical or electronic equipment, devices or things (or materials or parts of such equipment, devices or things), the operation of which is dependent on, or designed for the generation, transfer or measurement of, an electric current or electromagnetic field;

"exempt plastic bag" means a bag that comprises, either wholly or partly, plastic and that is an integral part of the packaging in which goods are sealed or provided for sale;

Reg. 4 def. of extraneous noise inserted by S.R. No. 120/2022 reg. 5(8).

"extraneous noise", for the purposes of Division 5 of Part 5.3, means any noise caused by extraneous events, including but not limited to sounds caused by precipitation, insects and fauna;

fill material is industrial waste that is soil—

(a)     with contaminant concentrations not exceeding the upper limits for fill material contaminant concentrations specified in the Waste Disposal Categories —Characteristics and Thresholds; and

(b)     that does not contain asbestos;

Reg. 4 def. of forage inserted by S.R. No. 86/2022 reg. 4.

"forage" includes residual crops and crops grown for use in silage production;

"forward-control passenger vehicle" has the same meaning as in the relevant design rules;

"freight service "has the same meaning as in the Rail Management Act 1996 ;

frequency means the property of sound that measures the rate of repetition of the sound wave, in Hertz (Hz) or cycles per second;

"frequency spectrum" means the distribution of the energy or the magnitude of a sound across each frequency component;

"friable asbestos" means asbestos that, when dry—

(a)     may be crumbled, pulverised or reduced to powder by hand pressure; or

(b)     as a result of a work process becomes such that it may be crumbled, pulverised or reduced to powder by hand pressure;

"gas distribution company" has the same meaning as in the Gas Industry Act 2001 ;

"goods vehicle" means any motor vehicle, other than a passenger car or passenger car derivative, that—

(a)     is constructed principally for the carriage of goods; and

(b)     has at least 4 wheels;

"gross vehicle mass" or GVM has the same meaning as in the Road Safety Act 1986 ;

"hazardous substance" means a substance which meets the hazardous properties assessment criteria in items 1 or 2 of Table 2 in the Waste Classification Assessment Protocol;

"health service" has the same meaning as in the Public Health and Wellbeing Act 2008 ;

"heavy vehicle "has the same meaning as in the Heavy Vehicle National Law (Victoria);

"highway" means—

        (a)     any street, road, lane, bridge, thoroughfare or other place open to or used by members of the public for passage by motor vehicles; and

        (b)     any public car park;

"HIL" means the health investigation levels listed in Tables 1A(1) and 1A(2) in Schedule B1 to the NEPM (ASC);

"HSL" means the health screening levels listed in Tables 1A(3), 1A(4) and 1A(5) in Schedule B1 to the NEPM (ASC);

"IANZ" means International Accreditation New Zealand;

"indoor entertainment venue "means any premises (other than residential premises or an outdoor entertainment venue), where music is played and includes a live music entertainment venue, hotel, tavern, cabaret, night club, discotheque, reception centre, skating rink, restaurant, cafe, health and fitness centre, recording and rehearsal studio, theatre, amusement park, amusement parlour, retail store, shop, public hall and club;

"information technology and telecommunications equipment" means products and equipment used for the collection, storage, processing, presentation, communication, transmission or receipt of sound, images, video or other information by electronic means or telecommunications;

Reg. 4 def. of kerbside recycling collection amended by S.R. No. 115/2023 reg. 4(c).

"kerbside" recycling collection means the collection of waste by a person under contract with a council or the Head, Recycling Victoria;

L Aeq has the same meaning as in the Noise Protocol;

"land", for the purposes of Part 3.5 and Schedule 1, does not include groundwater;

"land capability assessment" means an assessment of the risks of harm to human health and the environment of the proposed or existing on‑site wastewater management system at the site, taking into account the proposed or existing use of the system;

"leachate "means the liquid formed from rainwater and waste breakdown products within a landfill or contaminated water that has percolated through or drained from a landfill;

"live music entertainment venue "has the same meaning as in the VPPs;

Note

"Live music entertainment venue "under the VPPs includes a food and drink premises, nightclub, function centre or residential hotel that includes live music entertainment and a rehearsal studio.

"localised elevated value" threshold means the concentration of a contaminant in an individual soil sample that is equal to 250% of the HIL for that contaminant for the current use of the land, as specified in section 6 of Schedule B1 to the NEPM (ASC);

major urban area means the areas of land within—

(a)     the urban growth boundary identified in a planning scheme, if the population is greater than 7000; or

(b)     if paragraph (a) does not apply, the urban centre boundary (as defined by the Australian Bureau of Statistics) of an urban centre with a population greater than 7000 persons, including land within the whole of any Residential Zone, Industrial Zone, Commercial Zone or Urban Growth Zone that is crossed by the urban centre boundary;

"measurement point" means a point at which the microphone is located to measure the effective noise level or the background level, as determined in accordance with the Noise Protocol;

Reg. 4 def. of monitoring point inserted by S.R. No. 120/2022 reg. 5(8).

"monitoring point" means a location in a noise sensitive area that is used for the assessment of wind turbine noise, determined in accordance with the relevant noise standard;

"motor cycle" means a motor vehicle with 2 wheels, and includes a 2-wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel;

"motor trike" means a motor vehicle with 3 wheels, but does not include a 2-wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel;

"music "means any combination of sounds produced by the playing of a musical instrument, by singing, recitation or dancing, or the reproduction of these;

"music noise "means music and associated contemporaneous sounds heard in a noise sensitive area;

"NATA" means the National Association of Testing Authorities, Australia;

National Environment Protection (Assessment of Site Contamination) Measure" or" NEPM (ASC) means the National Environment Protection (Assessment of Site Contamination) Measure 1999 made under section 14 of the National Environment Protection Council (Victoria) Act 1995 and the equivalent legislation of the participating jurisdictions, as in force from time to time;

National Environment Protection (Movement of Controlled Waste between States and Territories) Measure" or "NEPM (MCW) means the 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, as in force from time to time;

National Environment Protection (National Pollutant Inventory) Measure" or "NEPM (NPI) means the National Environment Protection (National Pollutant Inventory) Measure 1998 made under section 14 of the National Environment Protection Council (Victoria) Act 1995 and the equivalent legislation of the participating jurisdictions, as in force from time to time;

"National Pollutant Inventory" or NPI means the inventory of emitted and transferred substances, established as a result of the NEPM (NPI);

"National Stationary Exhaust Noise Test "means the National Stationary Exhaust Noise Test Procedures for In-Service Motor Vehicles published by the National Transport Commission in September 2006, as in force from time to time;

"natural acoustic environment" means the properties or qualities of the environment relating to natural sound that is not significantly impacted by noise from human activity;

"new vehicle "has the same meaning as in the Motor Vehicle Standards Act 1989 of the Commonwealth;

Reg. 4 def. of noise limit substituted by S.R. Nos 92/2021 reg. 5(a), 131/2021 reg. 5(a), 132/2021 reg. 4(a), 120/2022 reg. 5(3).

"noise limit" means—

        (a)     in Part 5.3 (other than Division 5), the maximum effective noise level allowed in a noise sensitive area, as determined in accordance with the Noise Protocol; and

        (b)     in Division 5 of Part 5.3, the limit for wind turbine noise determined in accordance with regulation 131BA;

Reg. 4 def. of noise management plan inserted by S.R. No. 92/2021 reg. 5(b), revoked by S.R. No. 131/2021 reg. 5(b), new def. of noise management plan inserted by S.R. No. 132/2021 reg. 4(b), substituted by S.R. No. 120/2022 reg. 5(3).

"noise management plan "means a plan prepared in accordance with regulation 131E;

Noise Protocol means the 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, as in force from time to time;

"noise sensitive area" means—

        (a)     that part of the land within the boundary of a parcel of land that is—

              (i)     within 10 metres of the outside of the external walls of any of the following buildings—

    (A)     a dwelling (including a residential care facility but not including a caretaker's house);

    (B)     a residential building;

    (C)     a noise sensitive residential use; or

              (ii)     within 10 metres of the outside of the external walls of any dormitory, ward, bedroom or living room of one or more of the following buildings—

    (A)     a caretaker's house;

    (B)     a hospital;

    (C)     a hotel;

    (D)     a residential hotel;

    (E)     a motel;

    (F)     a specialist disability accommodation;

    (G)     a corrective institution;

    (H)     a tourist establishment;

    (I)     a retirement village;

    (J)     a residential village; or

              (iii)     within 10 metres of the outside of the external walls of a classroom or any room in which learning occurs in the following buildings (during their operating hours)—

    (A)     a child care centre;

    (B)     a kindergarten;

    (C)     a primary school;

    (D)     a secondary school; or

        (b)     subject to paragraph (c), in the case of a rural area only, that part of the land within the boundary of—

              (i)     a tourist establishment; or

              (ii)     a campground; or

              (iii)     a caravan park; or

        (c)     despite paragraph (b), in the case of a rural area only, where an outdoor entertainment event or outdoor entertainment venue is being operated, that part of the land within the boundary of the following are not noise sensitive areas for the purposes of that event or venue—

              (i)     a tourist establishment;

              (ii)     a campground;

              (iii)     a caravan park;

"noise sensitive residential use" has the same meaning as in the VPPs;

Note

"Noise sensitive residential use" under the VPPs means a community care accommodation, dependent person's unit, dwelling, residential aged care facility, residential village, retirement village or rooming house.

"non-aqueous phase liquid" means an organic or inorganic liquid that—

        (a)     is not miscible with water; and

        (b)     can exist in soil or groundwater in various forms; and

        (c)     is commonly present as a measurable thickness (phase-separated) or sheen; and

        (d)     may be identifiable analytically (in soil or groundwater) when solubility has been reached or observed to be present within the unsaturated soil, rock profile or aquifer matrix;

Example

Oil in water.

Reg. 4 def. of NZS 6808:1998 inserted by S.R. No. 92/2021 reg. 5(b), revoked by S.R. No. 131/2021 reg. 5(b), new def. of NZS 6808:1998 inserted by S.R. No. 132/2021 reg. 4(b), substituted by S.R. No. 120/2022 reg. 5(4).

NZS 6808:1998 means New Zealand Standard 6808:1998, Acoustics—The Assessment and Measurement of Sound from Wind Turbine Generators, published by Standards New Zealand on 21 April 1998;

Reg. 4 def. of NZS 6808:2010 inserted by S.R. No. 92/2021 reg. 5(b), revoked by S.R. No. 131/2021 reg. 5(b), new def. of NZS 6808:2010 inserted by S.R. No. 132/2021 reg. 4(b), substituted by S.R. No. 120/2022 reg. 5(4).

NZS 6808:2010 means New Zealand Standard 6808:2010, Acoustics—Wind farm noise, published by Standards New Zealand on 1 March 2010;

"odorous compound" means any chemical compound, including a volatile organic compound, that is offensive to the senses of human beings when dispersed in the atmosphere;

"off-road passenger vehicle" has the same meaning as in the relevant design rules;

"on-site wastewater management system" means an on-site wastewater treatment plant with a design or actual flow rate of sewage not exceeding 5000 litres on any day and includes all beds, sewers, drains, pipes, fittings, appliances and land used in connection with the treatment plant;

"on-site wastewater treatment plant "means a treatment plant for the bacterial, biological, chemical or physical treatment of sewage generated on site;

Examples

Septic tank system, wet or dry composting toilet, aerobic treatment and sand filter.

Reg. 4 def. of operation amended by S.R. No. 115/2023 reg. 4(d).

"operation", for the purposes of Part 5.3, means an activity that emits music noise from an outdoor entertainment venue or outdoor entertainment event;

outdoor entertainment event means an event where music is played and is held on public land including a road reservation, public open space, park, foreshore reserve or land of a similar nature, including an event held on such land in a temporary building or structure, such as a marquee, tent or temporary soundstage, not being a permanent fixture of the land and erected for the purposes of the event;

"outdoor entertainment venue" means any premises (other than residential premises) where music is played in the open air and which cannot feasibly be totally enclosed and sound‑proofed because of its size;

Examples

Sports and other large outdoor arenas and major sports and recreation facilities having substantial provision for spectators, including privately owned land used as an outdoor entertainment venue.

"packaged waste asbestos" means waste that is classified as packaged waste asbestos in accordance with regulation 67 ;

"participating jurisdiction" has the same meaning as in the National Environment Protection Council (Victoria) Act 1995 ;

"participation rate", for a recycling collection service, means the number of households or other premises participating in the service, expressed as a proportion of the number of households or premises to whom the service is available;

"particles" include the following—

        (a)     particles as PM 2.5 ;

        (b)     particles as PM 10 ;

        (c)     total suspended particles;

        (d)     total suspended particles (nuisance dust);

particles as PM 2.5 means particulate matter with an equivalent aerodynamic diameter of 2·5 micrometres or less;

particles as PM 10 means particulate matter with an equivalent aerodynamic diameter of 10 micrometres or less;

"passenger car" has the same meaning as in the relevant design rules;

"passenger car derivative" means any motor vehicle—

        (a)     of the type known as a utility or panel van and of the same make as a factory produced passenger car; and

        (b)     in which the greater part of the body form and the greater part of the forward mechanical equipment are the same as those in the passenger car;

"passenger service" has the same meaning as in the Rail Management Act 1996 ;

"pasteurised material" means organic material with reduced pathogens and plant propagules following exposure to heat;

"petrol "includes any liquid fuel or mixture of fuels of a kind used in internal combustion spark ignition engines;

"planning scheme" means a planning scheme approved under the Planning and Environment Act 1987 as in force from time to time under that Act;

Reg. 4 def. of post-construction noise assessment inserted by S.R. No. 92/2021 reg. 5(b), revoked by S.R. No. 131/2021 reg. 5(b), new def. of post-construction noise assessment inserted by S.R. No. 132/2021 reg. 4(b), substituted by S.R. No. 120/2022 reg. 5(5).

"post-construction noise assessment "means an assessment conducted in accordance with regulation 131D;

"post-consumer waste stream "means the waste produced by the end consumer of a material stream, that is, if the waste-producing use does not involve the production of another product;

ppm   means parts per million by volume;

Reg. 4 def. of processing area inserted by S.R. No. 82/2021 reg. 4.

"processing area" means the area used for the receipt, consolidation and dewatering (if applicable) of tunnel boring machine spoil;

"product name" includes a trade mark, brand name or trade name, whether or not registered in Australia;

"project site", for the purposes of item 25
(A17—Containment of Category D waste soil) in the Table in Schedule 1, means any land specified by the Authority in the permit provided that land is—

        (a)     a single area of land which is identified in a document as part of an amendment to a planning scheme under the Planning and Environment Act 1987 made on or after 1 July 2021; or

        (b)     land that relates to public works within the meaning of the Environment Effects Act 1978 ;

"railway track" has the same meaning as in the Rail Management Act 1996 ;

"recover", in relation to materials, means to separate those materials from other waste in a manner that enables them to be reused for packaging or used for other products;

recovery rate has the meaning given in regulation 96;

"recreation motor cycle" means any 2-wheeled motor cycle that is registered as a recreation motor cycle under the Road Safety (Vehicles) Interim Regulations 2020;

"recyclable", in relation to product packaging, means reasonably able to be recovered in Australia through an approved or accredited collection or drop-off system, and able to be reprocessed and used as a raw material for the manufacture of a new product;

"regulated petrol producer" means a person who produces petrol by any of the following—

        (a)     importing petrol for use in Victoria;

        (b)     refining petrol for use in Victoria;

        (c)     blending petrol for use in Victoria;

"relevant design rules" means the Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) 2005, published by the Commonwealth Department of Infrastructure, Transport, Regional Development and Communications, as in force from time to time;

"relevant environment protection legislation" means—

        (a)     the Act or these Regulations; and

        (b)     any corresponding Act of another State or a Territory or the Commonwealth or any regulations made under that Act;

Reg. 4 def. of relevant landowner inserted by S.R. No. 92/2021 reg. 5(b), revoked by S.R. No. 131/2021 reg. 5(b), new def. of relevant landowner inserted by S.R. No. 132/2021 reg. 4(b), substituted by S.R. No. 120/2022 reg. 5(6).

"relevant landowner "means a person who owns land with premises in the vicinity of a wind energy facility;

Reg. 4 def. of relevant noise standard inserted by S.R. No. 92/2021 reg. 5(b), revoked by S.R. No. 131/2021 reg. 5(b), new def. of relevant noise standard inserted by S.R. No. 132/2021 reg. 4(b), substituted by S.R. No. 120/2022 reg. 5(6).

"relevant noise standard", for the purposes of Division 5 of Part 5.3, means the noise standard for a wind energy facility determined in accordance with regulation 131B;

"relevant period", in relation to the waste levy and allowable rebate, means—

        (a)     a period of 3 months ending on 31 March, 30 June, 30 September or 31 December in any year; or

        (b)     any other period of time required by a liable person's operating licence;

"reportable priority waste" (transactions) means priority waste set out in regulation 71;

"reportable priority waste (transport)" means priority waste set out in regulation 72;

retailer means a person who sells goods in trade or commerce;

"rolling stock" has the same meaning as in the Rail Management Act 1996 ;

rural area means land that is not within a major urban area;

"sewage" means wastewater containing any of human excreta, urine and toilet flush water and includes greywater (which is also called sullage and may include water from the shower, bath, basins, washing machine, laundry trough and kitchen);

"signatory" means a signatory to the Australian Packaging Covenant, and includes an organisation that accedes to that Covenant after it is made, whether before or after the commencement of Part 4.3;

"significant development licence application" means an application for a development licence the Authority considers is reasonably likely to have significant implications for public health and meets the criteria specified by the Minister for the purposes of regulation 22(1)(c) in a determination published in the Government Gazette;

Reg. 4 def. of silage inserted by S.R. No. 86/2022 reg. 4.

"silage "means forage that has been preserved for use as animal feed;

Reg. 4 def. of silage production inserted by S.R. No. 86/2022 reg. 4.

"silage production "means the anaerobic process of preserving forage to produce silage;

"soil containing asbestos only" means priority waste that is classified as soil containing asbestos only in accordance with regulation 67 or 68;

"solid fuel heater" means a domestic solid fuel burning appliance as set out in clause 1.2 of AS/NZS 4012 or clause 1.2 of
AS/NZS 4013, regardless of whether the appliance—

        (a)     was manufactured before or after the commencement of these Regulations; or

        (b)     is new or used;

"source", in relation to Part 3.5 and Schedule 1, means a point from which wastes are discharged or emitted to the atmosphere;

"spark ignition engine" means an internal combustion engine in which the mixture of air and fuel is ignited by means of electrical spark;

Reg. 4 def. of specific WEF planning control inserted by S.R. No. 115/2023 reg. 4(e).

"specific WEF planning control" means a provision or provisions of a planning scheme, as amended from time to time, approved and in force under the Planning and Environment Act 1987 that authorises the construction or operation of a wind energy facility;

"specified combustible recyclable and waste material" means paper, cardboard, wood, plastic, rubber, tyres, tyre-derived waste, textiles, e-waste, metal and other materials with combustible contaminants, combustible by-products of metal processing activities and refuse-derived fuel;

"specified electronic waste "means waste rechargeable batteries, cathode ray tube monitors and televisions, flat panel monitors and televisions, information technology and telecommunications equipment, lighting and photovoltaic panels;

"stationary noise level", in relation to a particular type of vehicle, means the noise level established for that vehicle in accordance with ADR 83/00 when the vehicle is stationary;

"telecommunications carrier "means the holder of a carrier licence granted under the Telecommunications Act 1997 of the Commonwealth;

"the Act" means the Environment Protection Act 2017 ;

"tourist establishment" means tourist facilities that are located within an area that is characterised by a natural acoustic environment that supports tourism experiences, and includes accommodation (such as a bed and breakfast establishment);

"trade waste" has the same meaning as in the Water Act 1989 ;

Reg. 4 def. of tunnel boring machine spoil inserted by S.R. No. 82/2021 reg. 4.

"tunnel boring machine spoil" means spoil (including soil, rock, sludge and water) generated by the operation of a tunnel boring machine used for developing transport infrastructure, but does not include spoil generated by the operation of a tunnel boring machine used for the relocation or installation of related non-transport infrastructure including the relocation or installation of services or utilities (such as gas, water or sewerage pipes, electricity cables);

"turnover" means gross annual income;

"unsolicited document" means a document that is, or is intended to be, deposited in, on or at, or affixed to, a place or premises without—

        (a)     being addressed by name to a person who owns, occupies or manages the place or premises; or

        (b)     the express consent of the owner, occupier or manager of the place or premises;

but does not include the following—

        (c)     any stamped mail delivered by, or on behalf of, Australia Post;

        (d)     any material that has a political purpose if deposited in accordance with regulation 55(2)(a);

        (e)     a newspaper or magazine or any material folded or inserted into a newspaper;

        (f)     any public notice issued by a litter authority or a body supplying electricity, gas, water, transport, communications or other service;

        (g)     any document issued under, or for the purposes of, any Act or Commonwealth Act or regulations made under any Act or Commonwealth Act;

        (h)     any other document issued by, or on behalf of, a council, a public sector body or a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 of the Commonwealth;

Examples

1     Junk mail.

2     An advertising leaflet placed under the windshield wiper of a car without the consent of the owner.

3     A poster or bill pasted onto a wall without the consent of the owner.

"urban growth boundary" means a boundary that is specified or is to be specified as an urban growth boundary in a planning scheme;

"vapour pressure", in relation to Division 6 of Part 5.6, means the petrol's volatility at 37·8℃ measured using the test method specified in ASTM D4953‑20 Standard Test Method for Vapor Pressure of Gasoline and Gasoline-Oxygenate Blends (Dry Method) published by ASTM International, as in force from time to time, or other method approved by the Authority;

"vehicle testing notice" means a written notice given by the Authority under regulation 156;

Victoria Planning Provisions or VPPs has the same meaning as in the Planning and Environment Act 1987 ;

"volatile organic compound" means any carbon-based chemical compound with a vapour pressure of at least 0·010 kPa at a temperature of 25°C or having a corresponding volatility under the particular conditions of use, but does not include carbon monoxide (CO), carbon dioxide (CO 2 ), carbonic acid, metallic carbides or carbonate salts;

"Waste Classification Assessment Protocol "means the Waste Classification Assessment Protocol published by the Authority on its website, as in force from time to time;

"waste code" means a code identifier for a waste specified in column 4 of Schedule 5 or, if there is no suitable waste code specified in column 4 of Schedule 5, allocated in a designation issued by the Authority;

Waste Disposal Categories Characteristics and Thresholds means the Waste Disposal Categories—Characteristics and Thresholds published by the Authority on its website, as in force from time to time;

"waste tyres "means whole rubber tyres which are considered waste for the purposes of the Act;

"wastewater" means waste principally consisting of water and includes any of the following—

        (a)     sewage or other human-derived wastewater;

        (b)     wash down water or cooling water;

        (c)     irrigation runoff or contaminated stormwater;

        (d)     contaminated groundwater;

        (e)     water containing any commercial, industrial and trade waste;

Reg. 4 def. of water corporation amended by S.R. Nos 92/2021 reg. 5(c), 131/2021 reg. 5(c), 132/2021 reg. 4(c), substituted by S.R. No. 120/2022 reg. 5(7).

"water corporation "has the same meaning as in the Water Act 1989 ;

Reg. 4 def. of WEF planning permit inserted by S.R. No. 115/2023 reg. 4(e).

"WEF planning permit" means a planning permit, as amended from time to time, issued under the Planning and Environment Act 1987 that authorises the construction or operation of a wind energy facility;

Reg. 4 def. of wind energy facility inserted by S.R. No. 92/2021 reg. 5(b), revoked by S.R. No. 131/2021 reg. 5(b), new def. of wind energy facility inserted by S.R. No. 132/2021 reg. 4(b), substituted by S.R. No. 120/2022 reg. 5(7).

"wind energy facility "means one or more wind turbines that are—

        (a)     owned or operated by the same person or entity; and

        (b)     installed in close proximity to each other (whether or not located on the same premises); and

        (c)     electrically connected to a common grid;

Reg. 4 def. of wind turbine inserted by S.R. No. 92/2021 reg. 5(b), revoked by S.R. No. 131/2021 reg. 5(b), new def. of wind turbine inserted by S.R. No. 132/2021 reg. 4(b), substituted by S.R. No. 120/2022 reg. 5(7).

"wind turbine "means a device that is used for extracting kinetic energy from the wind (other than for domestic or rural use of the land) and includes the—

        (a)     components comprising the device, such as the blades, gearbox and generator; and

        (b)     associated equipment in the immediate vicinity of the device, such as the transformer at its base;

Reg. 4 def. of wind turbine noise inserted by S.R. No. 92/2021 reg. 5(b), revoked by S.R. No. 131/2021 reg. 5(b), new def. of wind turbine noise inserted by S.R. No. 132/2021 reg. 4(b), substituted by S.R. No. 120/2022 reg. 5(7).

"wind turbine noise "means the noise produced by the wind turbines at a wind energy facility;

Reg. 4 def. of wind turbine noise agreement inserted by S.R. No. 92/2021 reg. 5(b), revoked by S.R. No. 131/2021 reg. 5(b), new def. of wind turbine noise agreement inserted by S.R. No. 132/2021 reg. 4(b), substituted by S.R. No. 120/2022 reg. 5(7).

"wind turbine noise agreement "means an agreement referred to in regulation 131A.



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