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ENVIRONMENT PROTECTION REGULATIONS 2021

Table of Provisions

PART 1.1--PRELIMINARY

  • 1 Objectives
  • 2 Authorising provision
  • 3 Commencement

PART 1.2--INTERPRETATION AND INTRODUCTORY MATTERS

  • 4 Definitions
  • 5 Determinations of the Authority
  • 6 Act compliance notes
  • 7 References to Chapters and Parts

PART 2.1--PRESCRIBED NOTIFIABLE CONTAMINATION

  • 8 Soil contamination
  • 9 Asbestos in or on soil
  • 10 Actual or likely contamination of groundwater or surface water
  • 11 Vapour inhalation pathway (vapour intrusion)
  • 12 On-site retention of contaminated soil
  • 13 Prescribed exempt notifiable contamination
  • 14 Prescribed information for notifications

PART 2.2--NON-AQUEOUS PHASE LIQUIDS

  • 15 Clean up of non-aqueous phase liquids

PART 3.1--GENERAL

  • 16 Permission activities
  • 17 Matters to be included in permission applications to the Authority
  • 18 Prescribed conditions under section 64 of the Act
  • 19 Prescribed circumstances for refusal of permission
  • 20 Permission conditions
  • 21 Certain applications not complete until information provided
  • 22 Referral of development licence applications to prescribed agencies
  • 23 Circumstances in which operating licence must be refused
  • 24 Criteria for considering licence exemptions

PART 3.3--PERMITS

  • 25 Prescribed permit activities to be administered by councils
  • 26 Prescribed matters for applications to councils in relation to on-site wastewater management systems
  • 27 Prescribed period for deciding permit applications
  • 28 Prescribed matters Authority or council must take into account when determining whether to issue permit
  • 29 Circumstances in which permit must be refused
  • 30 Prescribed period during which permits remain in force
  • 31 Prescribed matters Authority must consider when determining whether to issue permit exemption
  • 32 Prescribed matters for on-site wastewater management system permit exemptions
  • 33 Approval of use of on-site wastewater management system
  • 34 Prohibition on use of on-site wastewater management system
  • 35 Prescribed matters Authority must consider when determining whether to renew permit

PART 3.4--REGISTRATIONS

  • 36 Prescribed period during which registrations remain in force

PART 3.5--EXEMPTIONS FROM CERTAIN PERMISSION ACTIVITIES

Division 1--Activity-specific exemptions

  • 37 Prescribed exemptions in relation to development activities
  • 38 Prescribed exemptions in relation to operating activities
  • 39 Prescribed exemptions in relation to item 73 (L01—General discharges or emissions to the atmosphere) of the Table in Schedule 1
  • 40 Prescribed exemptions in relation to permit activities

Division 2--Exemptions applying to more than one permission activity

  • 41 Prescribed exemption from permit if person holds a higher order permission
  • 42 Prescribed exemption from registration if person holds a higher order permission

PART 3.6--ENVIRONMENT PROTECTION LEVY AND WASTE LEVY

  • 43 Environment protection levy
  • 44 Waste levy activity
  • 45 Waste levy payable for soil containing asbestos only
  • 46 What is an allowable rebate?
  • 47 When must the waste levy be paid?
  • 48 Information for calculating waste levy
  • 49 Information for calculating allowable rebate
  • 50 Information to be provided to the Authority
  • 51 When must information be provided to the Authority?
  • 52 Municipal districts subject to higher waste levy for municipal and industrial waste

PART 3.7--ADDITIONAL OR ALTERNATIVE PENALTY FOR PROHIBITED PERSONS

  • 53 Section 89 prescribed permission activity

PART 4.1--LITTER AND UNSOLICITED DOCUMENTS

Division 1--Dangerous litter and unsolicited documents

  • 54 Dangerous litter
  • 55 Depositing or affixing unsolicited documents
  • 56 Persons who commission or engage other persons for the distribution of unsolicited documents
  • 57 Offence relating to public litter receptacle
  • 58 Loading of vehicles
  • 59 Persons who may take proceedings

PART 4.2--INDUSTRIAL WASTE AND PRIORITY WASTE

Division 1--Industrial waste

  • 60 What is industrial waste?
  • 61 Classifying industrial waste
  • 62 Classifying soil sourced on-site from contaminated land
  • 63 Authorised to receive industrial waste
  • 64 Declaration of use

Division 2--Priority waste

  • 65 What is priority waste?
  • 66 Classification of priority waste as reportable priority waste in accordance with the Waste Classification Assessment Protocol
  • 67 Classification of priority waste consigned for disposal
  • 68 Classification of priority waste that is soil
  • 69 Priority waste classification—information
  • 70 Mixing, blending or diluting priority waste

Division 3--Reportable priority waste

  • 71 What is reportable priority waste (transactions)?
  • 72 What is reportable priority waste (transport)?
  • 73 What transactions apply in connection with reportable priority waste
  • 74 Manner and form for recording and providing transaction details—reportable priority waste
  • 75 Transaction details to be recorded and provided in relation to the consignment of reportable priority waste for transport
  • 76 Transaction details to be recorded and provided in relation to the transport of reportable priority waste
  • 77 Transaction details to be recorded and provided in relation to the receipt of reportable priority waste
  • 78 Manner and form for recording and providing transaction details—controlled waste
  • 79 Transaction details to be recorded and provided in relation to the consignment of controlled waste
  • 80 Transaction details to be recorded and provided in relation to the transport of controlled waste
  • 81 Transaction details to be recorded and provided in relation to the receipt of controlled waste
  • 82 Offences in relation to the transport of controlled waste
  • 83 Application for approval of electronic system for recording or providing transaction details
  • 84 Approval of application for electronic system
  • 85 Exemptions for interstate movement of controlled waste

Division 4--Waste designations

  • 86 Authority may issue designation
  • 87 Applications for designations

Division 5--Accredited consigners

  • 88 Accredited consigners
  • 89 Appointment of accredited consigners
  • 90 Variation of accredited consigner appointment
  • 91 Accredited consigner may apply for reappointment
  • 92 Accredited consigner may surrender appointment

PART 4.3--USED PACKAGING MATERIALS

  • 93 Application
  • 94 Packaging for which brand owners are responsible
  • 95 Requirements to recover, reuse and recycle materials and review packaging design
  • 96 Recovery rate
  • 97 Categories of material
  • 98 Brand owners must keep records
  • 99 Brand owners must report annually
  • 100 Councils must provide information

PART 4.4--REGIONAL WASTE AND RESOURCE RECOVERY IMPLEMENTATION PLANS

  • 101 Landfill scheduling in Regional Waste and Resource Recovery Implementation Plans

PART 5.1--PROHIBITED CHEMICAL SUBSTANCES

  • 102 Prohibition on use of certain chemical substances

PART 5.2--AIR

Division 1--National pollutant inventory

  • 103 Definitions
  • 104 Occupier must provide data
  • 105 Estimation techniques
  • 106 Occupier must keep data for period of 5 years
  • 107 Commercially sensitive information
  • 108 Authority may approve matters for this Division

Division 2--Solid fuel heaters

  • 109 Manufacture of solid fuel heaters
  • 110 Supply of solid fuel heaters

Division 3--Protection of the ozone layer

  • 111 Requirements for handling methyl bromide

Division 4--Class 3 substances

  • 112 Generators or emitters of Class 3 substances

PART 5.3--NOISE

Division 1--Noise Protocol

  • 113 Prediction, measurement, assessment and analysis of noise must be in accordance with Noise Protocol

Division 2--Unreasonable and aggravated noise from residential premises

  • 114 Unreasonable noise from residential premises
  • 115 Aggravated noise from residential premises

Division 3--Unreasonable and aggravated noise from commercial, industrial and trade premises

  • 116 Definitions—operating time periods
  • 117 Noise sources that must not be taken into account in this Division
  • 118 Unreasonable noise from commercial, industrial and trade premises
  • 119 Cumulative noise
  • 120 Frequency spectrum
  • 121 Aggravated noise from commercial, industrial and trade premises

Division 4--Unreasonable and aggravated noise from entertainment venues and outdoor entertainment events

Division 5--Wind turbine noise

PART 5.4--WATER

  • 132 Discharge or deposit of waste from vessels

PART 5.5--PLASTIC SHOPPING BAG BAN AND SINGLE-USE PLASTIC ITEM BAN

Division 1--Plastic shopping bag ban

Division 2--Single-use plastic item ban

  • 134A Definitions
  • 134B What is a banned single-use plastic item?
  • 134C Offence to sell, supply, distribute or provide banned single-use plastic items
  • 134D Provision and sale of existing plastic items
  • 134E Sale, supply, distribution or provision of single-use plastic drinking straws for use by designated persons
  • 134F Offence to provide false or misleading information

PART 5.6--EMISSIONS FROM MOTOR VEHICLES

Division 1--General

  • 135 Application

Division 2--Air emissions

  • 136 Visible pollution from motor vehicles
  • 137 Vehicle exhaust emissions—spark ignition engines manufactured 1 July 1976 to before 1 February 1986
  • 138 Vehicle exhaust emissions—spark ignition engines manufactured on or after 1 February 1986
  • 139 Vehicle exhaust emissions—diesel engine vehicles manufactured before 1 January 1996
  • 140 Vehicle exhaust emissions—diesel engine vehicles manufactured on or after 1 January 1996

Division 3--Noise emissions

  • 141 How to determine motor vehicle noise emissions
  • 142 Noise emissions—motor vehicles approved in accordance with ADR 83/00
  • 143 Noise emissions—passenger vehicles not approved in accordance with ADR 83/00
  • 144 Noise emissions—goods vehicles and buses not approved in accordance with ADR 83/00
  • 145 Noise emissions—motor cycles and motor trikes not approved in accordance with ADR 83/00
  • 146 Non-compliant device

Division 4--Vehicle noise labelling standards

Division 5--General motor vehicle offences

  • 148 Selling or supplying a motor vehicle capable of exceeding a prescribed standard for the emission of noise
  • 149 Noise defeat devices

Division 6--Petrol vapour pressure

Division 7--Approved motor vehicle testers and certificates of compliance

  • 155 Appointment of approved motor vehicle testers
  • 156 Authority may require motor vehicle to be tested
  • 157 Approved motor vehicle tester to test vehicle
  • 158 Offences to use or supply or sell certain motor vehicles

PART 5.7--ON-SITE WASTEWATER MANAGEMENT SYSTEMS

PART 6.1--ENVIRONMENTAL AUDIT SYSTEM

  • 164 Functions of environmental auditors
  • 165 Authority approval of environmental auditor functions
  • 166 Prescribed time to apply for reappointment as environmental auditor

PART 6.2--FINANCIAL ASSURANCES

PART 8.1--DEVELOPMENT LICENCES

  • 172 Prescribed application fee for development licence
  • 173 Prescribed transfer fee for development licence
  • 174 Prescribed amendment fee for development licence
  • 175 Prescribed exemption fee for development licence

PART 8.2--OPERATING LICENCES

  • 176 Prescribed application fee for operating licence
  • 177 Prescribed annual fee
  • 178 Prescribed time and period for annual fee
  • 179 Prescribed transfer fee for operating licence
  • 180 Prescribed amendment fee for operating licence
  • 181 Prescribed surrender fee for operating licence
  • 182 Prescribed exemption fee for operating licence

PART 8.3--PILOT PROJECT LICENCES

  • 183 Prescribed application fee for pilot project licence
  • 184 Prescribed transfer fee for pilot project licence
  • 185 Prescribed amendment fee for pilot project licence

PART 8.4--PERMITS

Division 1--Fees for reportable priority waste transport permits

Division 2--Fees for controlled waste transport permits

  • 193 Prescribed application fee for permit to transport controlled waste into Victoria

Division 3--Fees for other permits issued by the Authority

  • 194 Prescribed fees for certain permits
  • 195 Prescribed fees for permits relating to outdoor concerts or events

Division 4--Prescribed fees in relation to on-site wastewater management systems

PART 8.5--REGISTRATIONS

PART 8.6--FINANCIAL ASSURANCES

  • 204 Prescribed review fee for financial assurance
  • 205 Prescribed fee for requesting release of financial assurance

PART 8.7--ENVIRONMENTAL AUDITORS AND AUDITS

  • 206 Prescribed application fee for appointment as environmental auditor
  • 207 Prescribed fee for reappointment as environmental auditor
  • 208 Prescribed fees to be paid by environmental auditor

PART 8.8--OTHER FEES

  • 209 Prescribed application fee for authorisation of emergency storage, use etc. of waste
  • 210 Prescribed fees for better environment plans
  • 211 Prescribed amendment fee for better environment plan
  • 212 Prescribed application fee for appointment as accredited consigner
  • 213 Prescribed fee for revocation or variation of site management order
  • 214 Prescribed fee for application for exemption from a provision of the regulations or a legislative instrument

PART 8.9--FEES WAIVER OR REFUND

  • 215 Authority or council may waive or refund fees

PART 9.1--PUBLIC REGISTER

  • 216 Additional information to be kept on the Public Register
  • 217 Time and manner for accessing the Public Register

PART 10.1--GENERAL TRANSITIONAL PROVISIONS

  • 218 Definitions

PART 10.2--PERMISSIONS

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