Victorian Numbered Regulations

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ENVIRONMENT PROTECTION REGULATIONS 2021 (SR NO 47 OF 2021) - NOTES

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

Endnotes

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
A-frequency weighting", "alternative assessment criterion, "alternative assessment location", background level, "commercial", industrial and trade premises, "effective noise level", LAeq, "measurement point", noise limit and Noise Protocol and regulations 113, 118119, 125, 126 and 130

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
"APCO", Australian Packaging Covenant and signatory and regulation 93

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

Regulation 10

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

Regulation 40

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

Regulation 170

Protocol for calculating monetary benefits, published by the Authority on its website

The whole



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