Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 19A

Scheduled premises

19A. Scheduled premises



(1) The occupier of a scheduled premises must not do any act or thing,
including the commencement of any construction, installation or modification
of plant, equipment or process or any subsequent step in relation thereto,
which is likely to cause-

   (a)  an increase or alteration in the waste discharged or emitted from,
        deposited to, or produced at, the premises; or

   (b)  an increase or alteration in the waste which is, or substances which
        are a danger or potential danger to the quality of the environment or
        any segment of the environment which are, reprocessed, treated,
        stored, contained, disposed of or handled, at the premises; or

   (c)  a change in any method or equipment used at the premises for the
        reprocessing, treatment, storage, containment, disposal or handling of
        waste, or of substances which are a danger or potential danger to the
        quality of the environment or any segment of the environment; or

   (d)  a significant increase in the emission of noise; or

   (e)  a state of potential danger to the quality of the environment or any
        segment of the environment-

except in accordance with a works approval or a licence or a requirement
specified in a notice given by the Authority as the case may be unless the act
or thing is only in the course of and for the purpose of general maintenance.

(2) The occupier of a scheduled premises must not construct, relocate or
reduce the height of any chimney through which waste is, or may be, discharged
or emitted to the atmosphere or carry out any work which is the commencement
of or any subsequent step in relation thereto, except in accordance with a
works approval or a licence or a requirement specified in a notice given by
the Authority as the case may be unless the work is only in the course of and
for the purpose of general maintenance.

(3) The occupier of any premises must not do any act or thing in relation to
those premises that would make those premises a scheduled premises except in
accordance with a works approval, a research, development and demonstration
approval or a notice issued by the Authority.

(4) The Authority may by notice in writing upon the application of the
occupier of a scheduled premises in respect of which a licence is in force
under this Act exempt the occupier from compliance with subsection (1)(a) if
the Authority is satisfied that the exemption will not result in a discharge,
emission or deposit of waste which by reason of volume, location, constituency
or manner-

   (a)  affects adversely the quality of any segment of the environment; or

   (b)  affects adversely the interests of any person other than the
        applicant.

(5) The Authority may by notice in writing upon the application of the
occupier of a scheduled premises in respect of which a licence is in force
under this Act exempt the occupier from compliance with subsection (1)(b) or
(1)(c) if the Authority is satisfied that the exemption will not result in the
reprocessing, treatment, storage, containment, disposal or handling of-

   (a)  prescribed industrial waste; or

   (b)  substances which are a danger or a potential danger to the quality of
        the environment or any segment of the environment-

which by reason of volume, location, constituency or manner is or are likely
to cause an environmental hazard or affect adversely the interests of any
person other than the applicant.

(6) The Authority may by notice in writing upon the application of the
occupier of a scheduled premises in respect of which a licence is in force
under this Act exempt the occupier from compliance with subsection (1)(d) if
the Authority is satisfied that the exemption will not result in an emission
of noise which by reason of volume, intensity, duration or location-

   (a)  affects adversely the quality of any segment of the environment; or

   (b)  affects adversely the interests of any person other than the
        applicant.

(7) An exemption given under subsection (4), (5) or (6)-

   (a)  may be general or limited in operation according to time or any other
        circumstances; and

   (b)  may be revoked or amended by a written notice given by the Authority.

(8) Subject to subsections (4), (5) and (6), the occupier of any scheduled
premises in respect of which there is not applicable an exemption under the
regulations who contravenes subsection (1), (2) or (3) is guilty of an
indictable offence against this Act and liable to a penalty of not more than
2400 penalty units.

(9) A works approval, licence, requirement specified in a notice given by the
Authority or an exemption in force before the commencement of section 5 of the
Environment Protection (Amendment) Act 2006 continues to have the same force
and effect as it would have had if that section had not come into operation.