Victorian Current Acts Victorian Current ActsSchedule 1—Regulations
1 Duties
1.1 Regulating the way in which duties or obligations imposed by this Act or the regulations, including but not limited to the general environmental duty, are performed.
1.2 Prescribing standards for the performance of functions or duties imposed by this Act or the regulations.
2 Septic tanks
2.1 The construction, installation, alteration, maintenance, repair, notification and monitoring of septic tank systems.
Sch. 1 item 3 amended by No. 55/2021 s. 210, repealed by No. 36/2022 s. 71(1).
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4 Contaminated land
4.1 Investigation and assessment of suspected contaminated land.
4.2 Assessment, management and remediation of contaminated land.
4.3 Exempting a person or class of person in management or control of land from a duty to manage contaminated land or a duty to notify of notifiable contamination, whether unconditionally or on specified conditions and to any extent as specified in the regulations.
5.1 Circumstances in which the provision of a financial assurance by a person is a condition of a permission.
5.2 Exempting a person or class of person from the requirement to provide a financial assurance as a condition of a permission.
5.3 Prescribing the financial assurance risk assessment criteria.
6 Waste
6.1 Regulating or prohibiting things that may become litter or waste.
6.2 Further regulating waste in connection with Part 6.3, including in relation to the loading, or moving of, vehicles.
6.3 Regulating or prohibiting the deposit, affixing and commission of documents (including unsolicited documents) or advertising material.
6.4 Prohibiting the defacement of, or setting fire to, public litter receptacles.
6.5 Regulating or prohibiting the production, generation, collection, consignment, transfer, transport, receipt, handling, storage, use, management, containment, treatment and processing of waste.
6.6 Regulating or prohibiting waste disposal.
Sch. 1 item 6.6A inserted by No. 36/2022 s. 71(2).
6.6A Regulating what constitutes the background level of waste, a chemical substance or a prescribed substance in relation to land or prescribing methods for determining that.
6.7 Regulating resource recovery.
6.8 Regulating or prohibiting reuse of waste and the use of recycled substances.
6.9 Allocating responsibility for operations in relation to waste management, waste disposal and resource recovery.
6.10 Regulating or prohibiting the supply or sale of plastic products, plastic packaging or plastic bags.
6.11 Requiring supply of alternatives to plastic products, plastic packaging or plastic bags.
6.11A Prohibiting the provision of false or misleading information relating to plastic products, plastic packaging or plastic bags.
6.12 Prescribing the period of time after which storage of a prescribed type, class or category of waste is taken to be waste disposal, including where stored at the same location as the operation that generated the waste.
6.13 Prescribing any waste or class of waste to be priority waste.
6.14 Prescribing types, classes or categories of waste to be industrial waste.
6.15 Prescribing priority waste to be any of the following types of priority waste—
(a) Category A priority waste;
(b) Category B priority waste;
(c) Category C priority waste;
(d) packaged waste asbestos;
(e) any other category of priority waste.
6.16 Regulating or prohibiting any matter relating to transport of industrial waste and the receipt of industrial waste at any place or premises.
6.17 Prescribing any conditions or controls that apply to any type, class or category of priority waste.
6.18 Exempting any type, class or category of priority waste from a requirement under this Act.
6.19 Prescribing requirements for making and keeping records relating to the production, generation, collection, consignment, transfer, transport, receipt, handling, storage, use, management, containment, treatment and processing of waste, waste disposal or resource recovery.
6.20 Prescribing requirements for notification and reporting relating to the production, generation, collection, consignment, transfer, transport, receipt, handling, storage, use, management, containment, treatment and processing of waste, waste disposal or resource recovery.
6.21 Prohibiting disposal of any type, class or category of waste at a landfill site.
6.22 Exempting a person, or class of person, with management or control of priority waste from the duty to identify and assess alternatives to waste disposal for the priority waste, whether unconditionally or on specified conditions and to any extent as specified in the regulations.
7 Waste levy scheme
7.1 The municipal districts that are subject to higher municipal and industrial waste levy rates.
7.2 The calculation and payment of a waste levy.
7.3 The calculation of allowable rebates, including the criteria and conditions for claiming allowable rebates.
7.4 Regulating any other matter relevant to the calculation or determination of a person's liability to pay a waste levy.
8 Pollution and pollution incidents
8.1 Regulating matters in connection with pollution incidents and notifiable incidents.
8.2 Regulating or prohibiting the discharge, emission or deposit into the environment of any substance or matter.
8.3 Monitoring or observation of any discharge, emission or deposit into the environment of any substance or matter.
8.4 Prescribing emission standards (including noise emission standards) and standards of maximum permissible concentrations for emissions or discharges to the environment.
Sch. 1 item 8.5 amended by No. 9/2024 s. 27.
8.5 Regulating or prohibiting the emission or discharge of greenhouse gas substances, including for the purposes of contributing to the State's long-term emissions reduction target and interim emissions reduction targets under the Climate Action Act 2017 .
8.6 Prescribing standards for the emission or discharge of greenhouse gas substances, including emission intensity standards and maximum levels of emissions of greenhouse gas substances.
8.7 Prescribing the conditions under which greenhouse gas substances may be emitted or discharged.
9.1 Appointing and reappointing environmental auditors, including the suspension and revocation of the appointment of environmental auditors.
9.2 Regulating matters in connection with the conduct and oversight of environmental auditors.
9.3 Regulating matters in connection with preliminary risk screen assessments and environmental audits.
10 Permissions
10.1 Prescribing activities or classes of activity to be development activities, operating activities, permit activities or registration activities.
10.2 Regulating or prohibiting exemptions from a requirement to hold a permission.
10.3 Prescribing circumstances in which persons may, or must not, engage in an activity or class of activity without a permission.
10.4 Prescribing permission activities that a person or class of person, including prohibited persons, may not engage in.
10.5 Prescribing activities or classes of activities to be permit activities to be administered by a council.
10.6 Determining the type of permission that must be held by a person engaging in an activity or class of activity.
10.7 Determining the process for changing the type of permission that must be held by a person engaging in an activity or a class of activity.
10.8 Regulating or prohibiting conditions to which permissions are subject.
10.9 Regulating or prohibiting the surrender or revocation of permissions.
10.10 Regulating procedures relating to permissions, including applications for permissions.
10.11 Regulating the review of permissions or decisions relating to permissions.
10.12 Regulating or prohibiting the factors considered during the determination of decisions relating to permissions.
10.13 Regulating consultation procedures and requirements relating to permissions.
11 Appointments
11.1 Regulating the appointment of authorised officers.
11.2 Regulating the conditions that may be placed on the appointment of a person or a class of person under this Act.
12 Noise
12.1 Regulating the prevention, minimisation or control of noise, including—
(a) regulating or prohibiting the use, supply, distribution or sale of any item, equipment or vehicle; and
(b) regulating or prohibiting the manufacture or assembly of any item, equipment or vehicle.
Sch. 1 item 12.2 inserted by No. 36/2022 s. 71(3).
12.2 Prescribing noise that is not to be unreasonable noise.
13.1 Regulating the submission and acceptance of proposed better environment plans.
13.2 Regulating the content of better environment plans.
14 Issues of environmental concern
14.1 Regulating or prohibiting issues declared to be issues of environmental concern.
15.1 Regulating or prohibiting the information to be contained in the Public Register.
16.1 Regulating the administration, implementation, compliance and enforcement of economic instruments.
16.2 Prescribing the circumstances in which compliance with a requirement under an economic instrument is taken to be compliance with, or an exemption from, a requirement under this Act.
16.3 Regulating the rights and duties of holders of entitlements held in relation to an economic instrument.
16.4 Prescribing the circumstances in which the application of an economic instrument to a specific person or class of persons, geographical area, segment of the environment, pollution or class of pollution, waste or class of waste may be set by Order of the Authority.
16.5 Regulating the approval or recognition of compensatory measures.
17 Product or substance regulation
17.1 Regulating the labelling of products with respect to standards of environmental performance.
17.2 Regulating or prohibiting the sale or supply of products that do not comply with standards of environmental performance.
17.3 Regulating or prohibiting the sale, use, manufacture, assembly, construction or installation of vehicles, facilities, equipment or machinery or other products to ensure compliance with prescribed standards.
17.4 Regulating or prohibiting the production of petrol.
17.5 Regulating or prohibiting the storage, use, manufacture, containment, handling, transport or disposal of chemical substances.
18 Records and notifications
18.1 Regulating the making and keeping of records required under this Act by persons performing functions or duties, or exercising powers, under this Act.
18.2 Regulating the giving of notifications required under this Act.
18.3 Regulating the provision or reporting of
information under this Act.
Sch. 2 inserted by No. 39/2018 s. 23 (as amended by Nos 27/2019 ss 41, 42, 47/2020 s. 28), substituted by No. 22/2024 s. 24.
Schedule 2—Amount payable as waste levy
Table 1
|
Date when waste is received |
Amount of waste levy payable under section 145(1) for each tonne of waste received | |||
|
Premises in prescribed municipal districts |
Premises that are not in prescribed municipal districts | |||
|
On or after 1 July 2021 and before 1 July 2022 |
$105.90 |
$105.90 |
$52.95 |
$93.19 |
|
On or after 1 July 2022 and before 1 July 2023 |
$125.90 |
$125.90 |
$62.95 |
$110.79 |
|
On or after 1 July 2023 and before 1 July 2025 |
8·13 fee units |
8·13 fee units |
4·06 fee units |
7·15 fee units |
|
On or after 1 July 2025 and before 1 July 2026 |
$169.79 |
$169.79 |
$84.78 |
$149.33 |
|
On or after 1 July 2026 |
10·26 fee units |
10·26 fee units |
5·12 fee units |
9·03 fee units |
Note
The regulations may prescribe municipal districts that are subject to a higher waste levy payable for each tonne of municipal waste or industrial waste that is received.
Table 2
|
Date when waste is received |
Amount of waste levy payable under section 145(2) for each tonne of priority waste received | |||
|
Packaged waste asbestos |
Category B waste |
Category C waste |
Category D waste | |
|
On or after 1 July 2021 and before 1 July 2022 |
2·06 fee units |
17·15 fee units |
$105.90 |
$105.90 |
|
On or after 1 July 2022 and before 1 July 2023 |
2·06 fee units |
17·15 fee units |
$125.90 |
$125.90 |
|
On or after 1 July 2023 and before 1 July 2025 |
2·06 fee units |
17·15 fee units |
8·13 fee units |
8·13 fee units |
|
On or after 1 July 2025 and before 1 July 2026 |
2·06 fee units |
17·15 fee units |
$169.79 |
$169.79 |
|
On or after 1 July 2026 |
2·06 fee units |
17·15 fee units |
10·26 fee units |
10·26 fee units |
Note
There is no amount of waste levy payable for receiving Category A waste as receiving Category A at a landfill is prohibited.
The regulations may prescribe an amount payable as the waste levy for each tonne of priority waste (other than Category B waste, Category C waste, Category D waste or packaged waste asbestos) that is received.
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