S.R. No. 47/2021
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STATUTORY RULES 2021
S.R. No. 47/2021
Environment Protection Act 2017
Environment Protection Regulations 2021
The Governor in Council makes the following Regulations:
Dated: 25 May 2021
Responsible Minister:
LILY D'AMBROSIO
Minister for Energy,
Environment and Climate Change
SAMUAL WALLACE
Acting Clerk of the Executive
Council
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2020 is $14.81. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2020 is $165.22.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
---|---|---|
Regulation 4, definition of ADR 83/00 and regulations 142, 143, 144 and 145 |
Vehicle Standard (Australian Design Rule 83/00—External Noise) 2005, determined under section 7 of the Motor Vehicle Standards Act 1989 of the Commonwealth |
The whole |
Regulation 4, definitions of |
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 |
The whole |
Regulation 4, definitions of appropriate standard and AS/NZS 1546.1 |
AS/NZS 1546.1–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 in 2008 |
The whole |
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
Regulation 4, definitions of appropriate standard and AS/NZS 1546.2 |
AS/NZS 1546.2–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 in 2008 |
The whole |
Regulation 4, definition of AS/NZS 1546.3 (2008) |
AS/NZS 1546.3–Australian/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 in 2008 |
The whole |
Regulation 4, definitions of appropriate standard and AS 1546.3 (2017) |
AS 1546.3–Australian Standard 1546.3:2017, On‑site domestic wastewater treatment units, Part 3: Secondary treatment systems, published by Standards Australia in 2017, as amended on 21 December 2018 |
The whole |
Regulation 4, definitions of appropriate standard and AS 1546.4 |
AS 1546.4–Australian Standard 1546.4:2016, On‑site domestic wastewater treatment units, Part 4: Domestic greywater treatment systems, published by Standards Australia in 2016 |
The whole |
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
Regulation 4, definitions of |
Australian Packaging Covenant 2017, agreed between the Australian Packaging Covenant Organisation Ltd, the representative body for signatories to the Covenant, and Commonwealth, State and Territory governments, endorsed by the National Environment Protection Council and published in 2017 |
The whole |
Regulation 4, definitions of AS/NZS 4012 and solid fuel heater and regulations 109 and 110 |
AS/NZS 4012—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 in 2014 |
The whole |
Regulation 4, definitions of AS/NZS 4013 and solid fuel heater and regulations 109 and 110 |
AS/NZS 4013—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 in 2014 |
The whole |
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
Regulation 4, definitions of Australian Light Vehicle Standards (ALVS) Rules and DT80 test cycle and regulations 139 and 140 |
The Australian Light Vehicle Standards Rules 2015, published by the National Transport Commission in 2015 |
The whole |
Regulation 4, definitions of "average threshold", "HIL", HSL, localised elevated value threshold and National Environment Protection (Assessment of Site Contamination) Measure 1999 or NEPM (ASC) and regulations 8, 11 and 13 |
National Environment Protection (Assessment of Site Contamination) Measure 1999 made under section 14 of the National Environment Protection Council Act (Victoria) 1995 and the equivalent legislation of the participating jurisdictions |
The whole |
Regulation 4, definitions of controlled waste and National Environment Protection (Movement of Controlled Waste between States and Territories) Measure or NEPM (MCW) and regulations 79, 80, 81 and 82 |
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 |
The whole |
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
Regulation 4, definition of ESMP data manual and regulation 141 |
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 |
The whole |
Regulation 4, definitions of National Environment Protection (National Pollutant Inventory) Measure" or "NEPM (NPI), National Pollutant Inventory or "NPI", substance and substance identity information and regulations 104 and 106 |
National Environment Protection (National Pollutant Inventory) Measure 1998 made under section 14 of the National Environment Protection Council Act (Victoria) 1995 and the equivalent legislation of the participating jurisdictions |
The whole |
Regulation 4, definitions of" ANZSIC code", ANZSIC codes for NPI reporting and regulation 103, definition of reporting facility and Schedule 7 |
National Pollutant Inventory; List of Australian and New Zealand Standard Industrial Classification (ANZSIC), 2006; Table 2 Alphabetic Index of primary activities, published by the Commonwealth Department of Environment and Energy |
The whole |
Regulation 4, definition of National Stationary Exhaust Noise Test and regulation 141 |
National Stationary Exhaust Noise Test Procedures for In‑Service Motor Vehicles, published by the National Transport Commission on behalf of the Land Transport Environment Committee in September 2006 |
The whole |
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
Regulation 4, definitions of forward-control passenger vehicle", "off-road passenger vehicle, passenger car and relevant design rules |
Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) 2005 of the Commonwealth |
The whole |
Regulation 4, definition of vapour pressure |
ASTM D4953—20 Standard Test Method for Vapor Pressure of Gasoline and Gasoline-Oxygenate Blends (Dry Method), published by ASTM International in 2020 |
The whole |
Regulation 4, definitions of hazardous substance and Waste Classification Assessment Protocol and regulations 20, 61 and 66 |
Waste Classification Assessment Protocol, published by the Authority on its website |
The whole |
Regulation 4, definitions of fill material and Waste Disposal Categories—Characteristics and Thresholds, regulation 62 and Schedules 1, 5 and 6 |
Waste Disposal Categories—Characteristics and Thresholds, published by the Authority on its website |
The whole |
Australian Drinking Water Guidelines Paper 6: National Water Quality Management Strategy, published by the National Health and Medical Research Council, National Resource Management |
The whole |
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|
Ministerial Council, Commonwealth of Australia in 2011 Australian and New Zealand Guidelines for Fresh and Marine Water Quality, published by the Australian and New Zealand Governments and Australian State and Territory Governments in 2018 |
The whole |
Guidelines for Environmental Management—Use of Reclaimed Water, published by the Authority on its website |
Table 1. Classes of reclaimed water and corresponding standards for biological treatment and pathogen reduction |
|
Protocol for calculating monetary benefits, published by the Authority on its website |
The whole |