Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 71

Regulations

71. Regulations



(1) The Governor in Council on the recommendation of the Authority may make
regulations for or with respect to-

   (a)  prescribing scales of fees to a maximum of 4500 fee units with respect
        to an application for a works approval;





   (aa) prescribing scales of fees in respect of a licensed scheduled premises
        to a maximum of 42 000 fee units with respect to each element of the
        environment being the atmosphere, land or waters to which waste is
        licensed to be discharged, emitted or deposited, payable on the issue
        of a licence and annually on the date fixed by the Authority under
        section 24(1)(a);

   (ab) prescribing fees not exceeding 85 fee units with respect to an
        application to amend a licence;



   (ac) prescribing fees not exceeding 35 fee units with respect to an
        application to transfer a works approval or a licence;





   (aca) prescribing a fee with respect to a completed environmental audit;



   (ad) prescribing any premises or class of premises as a scheduled premises;









   (ada) specifying scheduled premises or a class of scheduled premises in
        respect of which the Authority may require a financial assurance;





   (adb) specifying scheduled premises or a class of scheduled premises in
        respect of which the landfill levy is payable;

   (adc) specifying scheduled premises or a class of scheduled premises in
        respect of which the environment protection levy is payable;

   (add) prescribing reduced scales of licence fees payable by licence holders
        in respect of accreditation on the anniversary of the issue of the
        licence;

   (ae) exempting any persons or class of persons, any motor vehicle or class
        of motor vehicles, any premises or class of premises, any operation or
        work carried on upon any premises, or any category, type, volume or
        kind of waste or prescribed waste from all or any of the provisions of
        this Act;





   (af) specifying circumstances in which and conditions subject to which an
        exemption under paragraph (ae) shall apply;

   (b)  State environment protection policy;





   (ba) waste management policy;





   (bb) a national environment protection measure;





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   (c)  prescribing standards or criteria for the implementation of any
        declared State environment protection policy or waste management
        policy and for protecting beneficial uses;

   (ca) regulating the implementation of economic measures, including
        prescribing conditions to which particular schemes are subject and the
        circumstances under which the Authority may alter, suspend or
        terminate the entitlements held under a scheme;

(cb) prescribing kinds of resources, wastes and thresholds for the purposes of
the definition of "scheduled activity" and prescribing requirements in respect
of the registration and reporting of scheduled activities;

   (cc) regulating the development and implementation of Environment and
        Resource Efficiency Plans and prescribing any matter required to be
        prescribed or necessary to be prescribed to give effect to Division 4A
        of Part III;

   (d)  prescribing standards or criteria for determining when any matter
        action or thing is poisonous, noxious, objectionable, detrimental to
        health, or within any other description referred to in this Act;

   (da) prescribing any matter relating to the management, storage, use,
        handling, disposal or transport of prescribed waste and notifiable
        chemicals;

   (db) requiring information relating to prescribed waste and notifiable
        chemicals to be collected and supplied to the Authority;

   (e)  prohibiting or regulating the discharge, emission, or deposit into the
        environment of any matter, whether liquid, solid, or gaseous or of
        radio-activity and prohibiting or regulating the use of any specified
        chemical substance or fuel;

   (ea) for the purposes of section 42B and the regulations, prescribing the
        maximum amounts of lead, sulphur and phosphorus which may be present
        in unleaded petrol, and prescribing specifications for motor octane
        number and research octane number in unleaded petrol;

   (eb) regulating the construction, installation and operation of equipment
        and fittings used for or in connexion with the dispensing of petrol,
        including prohibiting or regulating modifications to such equipment;

   (ec) prescribing the maximum and minimum amounts of constituents (other
        than lead) which may be present in petrol and prescribing
        specifications for motor octane number and research octane number in
        petrol;

   (ed) prescribing the maximum amount of lead which may be present in petrol;



   (f)  prescribing ambient air quality standards and emission standards and
        specifying the maximum permissible concentrations of any matter that
        may be present in or discharged into the atmosphere;

   (fa) prescribing noise emission standards for different kinds of premises,
        equipment, facilities, instruments, devices, vehicles and ships;



   (faa) prohibiting either generally or in specified circumstances or subject
        to specified conditions the discharge or emission into the atmosphere
        of any matter;



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   (fc) requiring any goods, equipment, facility, instrument, device,
        machinery, plant or vehicle or the packaging thereof to be fitted or
        marked with a plate, label or other marking and prescribing the manner
        in which the plate, label or other marking is to be fitted or marked;

   (fca) requiring the display in or upon, or the affixing to-

   (i)  vehicles; or

   (ii) equipment and fittings used for or in connexion with the dispensing of
        fuel-

of plates, labels or markings to indicate that a vehicle, equipment or
machinery is required to operate with, or to use, specified fuels, or to
indicate that a vehicle, equipment or machinery complies with this Act or
provisions of this Act, including prescribing the design, construction, size
and information to be included on and method of affixing such plates, labels
or markings;

   (fd) prescribing types of plates, labels and other markings and the
        information to be contained therein;



   (fe) prohibiting the removal or defacing of any prescribed plate, label or
        other marking required to be fitted or marked to or on any goods,
        equipment, facility, instrument, device, machinery, plant or vehicle
        or the packaging thereof;



   (fea) prohibiting or regulating the use of goods, equipment, machinery,
        fittings, facilities, instruments, devices, plant or vehicles where
        the design, construction or labelling does not comply with this Act;

   (feb) prohibiting the use of equipment for dispensing fuel where the fuel
        dispensed does not accord with the labels on the equipment;

   (fec) prohibiting the use in prescribed vehicles of petrol other than
        unleaded petrol within the meaning of section 42B;

   (g)  prohibiting the use of any machinery, facility, vehicle or ship
        capable of causing pollution or of emitting excessive amounts of
        wastes;

   (ga) prohibiting the use of any equipment, facility, instrument, device,
        vehicle or ship capable of emitting noise that does not meet any
        prescribed noise emission standards in any respect or regulating or
        prohibiting the construction, installation, operation, removal,
        replacement or repair thereof so as to prevent or minimize the
        emission of noise;

   (gaa) regulating the construction, installation or operation of any
        machinery, facility, vehicle or ship or the repair or maintenance of
        any vehicle so as to prevent or minimize pollution;

   (gb) requiring the installation and use in connexion with any equipment or
        facility of apparatus, plant or structures to prevent pollution of the
        atmosphere and prohibiting the operation of any specified equipment or
        facility unless there is installed and operated in connexion with the
        equipment or facility, structures, plant or apparatus to prevent
        pollution of the atmosphere;

   (gba) prohibiting or regulating the use of any ozone-depleting substance or
        the manufacture, assembly, installation, operation, maintenance,
        removal, sale or disposal of goods, equipment, machinery or plant
        containing or using ozone-depleting substances;

   (gc) the measures to be taken to ensure that the discharge of waste into
        the atmosphere or into waters from premises or any class of premises
        is monitored or kept under observation, and requiring the monitoring
        or observation of the emission or discharge into the atmosphere or
        into waters of waste or any specified class of waste;

   (gd) requiring the installation of insulation in relation to premises or
        specified classes of premises to prevent or minimize the emission or
        discharge into the atmosphere of waste or any specified class of
        waste;

   (ge) prescribing standards to be maintained for receiving waters;



   (gf) specifying the quality and quantity of waste discharged into waters;



   (gh) specifying the maximum permissible concentrations of any matter that
        may be present in or discharged into waters;

   (gi) regulating the construction, installation, operation and maintenance
        of any plant, equipment or facility so as to prevent or minimize the
        pollution of waters;

   (gj) prescribing the process or processes to be used for the treatment of
        waste or any specified class of waste so as to prevent or minimize the
        pollution of waters;

   (h)  requiring the giving of pollution warnings or alerts;

        (i)    prohibiting or regulating the open burning of refuse or other
               combustible matter;

   (j)  regulating the establishment of sites for the disposal of solid or
        liquid wastes on or in land and the use of any such sites (whether or
        not established after the commencement of this Act);

   (ja) prescribing the following types of prescribed industrial wastes-

   (i)  category A waste;

   (ii) category B waste;

   (iii) category C waste, including packaged waste asbestos;

   (iv) any other category;

   (k)  defining objectionable noise;



(ka) prescribing design criteria for the purposes of the definition of
"plastic bag";

   (kb) prohibiting, unless an exemption applies, the provision of a
        plastic bag by a retailer in the course of a retail transaction
        without an amount being charged for the provision of the plastic bag
        which is not less than the prescribed amount;

   (kc) providing exemptions for the purposes of paragraph (kb) where-

   (i)  a plastic bag is provided for a purpose which is prescribed as an
        approved purpose; or

   (ii) a retailer has an annual retail sales turnover that is less than a
        prescribed amount; or

   (iii) a retailer has entered into a plastic bag management scheme
        accredited by the Authority which contains prescribed requirements
        with respect to plastic bag reduction standards or targets, milestones
        for the reductions and monitoring and reporting;

   (kd) prescribing the manner in which a charge for the provision of a
        plastic bag is to be recorded in the retail transaction;

   (ke) prescribing the records to be kept in relation to plastic bags
        provided in the course of retail transactions and the charging of an
        amount for the provision of the plastic bags and providing for
        information from those records to be provided to the Authority when
        requested by the Authority;

   (kf) prescribing the process for applying for the accreditation of a
        plastic bag management scheme by the Authority and for the
        accreditation and on-going administration of a plastic bag management
        scheme;

   (kg) prescribing criteria to be considered by the Authority in the
        accreditation of a plastic bag management scheme and in the review and
        revocation of that accreditation;

   (l)  further defining litter for the purposes of this Act;

   (la) prescribing types or classes of waste for the purposes of Part IXA;





   (lb) regulating and controlling the vehicular transport of waste;



   (lc) prescribing fees not exceeding 200 fee units for applications for the
        issue, transfer and variation of permits under Part IXA and, for the
        annual renewal of those permits, fees not exceeding 200 fee units in
        respect of each vehicle to which the permit is to apply;





   (ld) identification of waste, the making and keeping of records about waste
        or the movement of waste, the notification and reporting of
        information about the waste or the movement of waste;

   (lda) permits required under section 53A, including-

   (i)  applications for the issue of permits, and the renewal, transfer and
        variation of those permits;

   (ii) the issue of those permits;

   (iii) conditions on those permits;

   (iv) the transfer and variation of permits;

   (v)  the refusal and suspension or cancellation of those permits;

   (vi) the renewal of those permits;

   (le) prescribing maximum fees for the issue of permits for septic tank
        systems for different premises or class of premises, which fees may
        vary according to the extent and nature of-

   (i)  the septic tank system; and

   (ii) the premises;

   (m)  prohibiting or regulating bathing, swimming, boating or other aquatic
        activity in or around any waters that may be detrimental to health or
        welfare or for preventing pollution;

   (ma) prescribing the method by which any measurement or test shall be made
        for any of the purposes of this Act;

   (mb) prescribing the facts by which and the manner in which it may be
        proved that any noise emitted from any source does not comply with any
        standard prescribed in respect thereof by or under this Act;

   (n)  generally the prevention, control, abatement, or mitigation of
        pollution and noise;



   (na) prescribing the fees chargeable or payable for doing any act or
        providing any service for the purposes of the regulations and
        prescribing the person, people or body to which the fees are payable,
        and providing for the distribution of those fees and for the refund of
        fees in specified circumstances;

   (o)  prescribing penalties of not more than 50 penalty units for any breach
        of the regulations and in the case of continuing offences imposing a
        daily penalty of not more than 25 penalty units for every day the
        offence continues after conviction or notice under this Act in
        addition to any other penalty;

   (p)  any matter or thing which by this Act is authorized or required or
        permitted to be prescribed or which is necessary or expedient to be
        prescribed for carrying this Act into effect.

(2) Any such regulation may be general or may be restricted in operation as to
time, place, persons, or circumstances whether any such time place person or
circumstance is determined or ascertainable before at or after the making of
the regulation.

(2A) Any such regulation may-

   (a)  leave any matter or thing to be determined, applied, dispensed with or
        regulated by the Authority; or

   (b)  confer a power or a discretionary authority, or impose a duty, on the
        Authority.

(2B) Any such regulation may provide that the Authority may exempt a person or
thing or a class of people or things from having to comply with the regulation
either wholly or partly, and may permit the Authority to impose conditions in
relation to exemptions.

(3) Any regulation made under subsection (1) for the purpose of prescribing
the method by which any measurement or test is to be made for the purposes of
this Act may apply, adopt or incorporate, with or without modification, the
provisions of any document, standard, rule, specification or method
formulated, issued, prescribed or published by any authority or body as in
force at a particular time or as in force from time to time.

(4) Regulations made under subsection (1) may be disallowed in whole or in
part by resolution of either House of Parliament in accordance with the
requirements of section 6(2) of the Subordinate Legislation Act 1962.





(5) Disallowance under subsection (4) is deemed to be disallowance by
Parliament for the purposes of the Subordinate Legislation Act 1962.