Victorian Numbered Regulations

ENVIRONMENT PROTECTION REGULATIONS 2021 (SR NO 47 OF 2021) - REG 103

In this Division—

"emission data", for a substance, means an estimate of the amount of that substance discharged or emitted in a reporting period that identifies—

        (a)     the segment of the environment to which the substance was discharged or emitted; and

Example

The atmosphere, land, water.

        (b)     the estimation technique used;

"estimation technique "means a method for estimating the amount of a substance discharged, emitted or transferred;

"facility" means any building or land together with any machinery, plant, appliance, equipment, implement, tool or other item used in connection with any activity carried out at the facility and includes an offshore facility but does not include the following—

        (a)     a mobile discharge or emission source operating outside the boundaries of a fixed facility;

        (b)     a petroleum retailing facility engaged in the retail sale of fuel;

        (c)     a dry-cleaning facility employing less than 20 people;

        (d)     a scrap metal handling facility trading in metal that is not engaged in the reprocessing of batteries or the smelting of metal;

        (e)     a facility or part of a facility engaging solely in agricultural production, including the growing of trees, aquaculture, horticulture or livestock raising unless it is engaged in—

              (i)     processing of agricultural produce; or

              (ii)     intensive livestock production;

Note

The facility may be located on a single site or on adjacent or contiguous sites owned or operated by the same person.

"industry reporting materials" means resources published by the Commonwealth Department of Environment and Energy which provide advice to a reporting facility in meeting reporting requirements, including—

        (a)     advice or guidance on the information that is required to be provided or kept by occupiers; and

        (b)     an appropriate estimation technique or range of estimation techniques;

"mandatory reporting transfer destination" means—

        (a)     a destination for disposal or long-term containment; or

        (b)     an off-site destination for destruction; or

        (c)     an off-site sewerage system; or

        (d)     an off-site treatment facility which leads solely to one or more of the outcomes set out in paragraphs (a) to (c);

"mandatory transfer data", for a substance, means an estimate of the amount of the substance transferred to a mandatory reporting transfer destination in a reporting period that identifies—

        (a)     the type of destination; and

        (b)     whether the transfer is on-site or off-site; and

        (c)     the estimation technique used;

"offshore facility" means a vessel or structure located in an offshore area (as defined in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth) that is used or constructed for the recovery of petroleum (including natural gas), or carries, contains or includes equipment for drilling, or for carrying out other operations in connection with a well, from the vessel or structure, and includes a combination of 2 or more related offshore facilities, but excludes a vessel engaged merely in site surveys or investigations to a depth in the seabed not exceeding 100 metres;

"reporting facility "means a facility where the ANZSIC code for one or more activities undertaken at the facility is included in the list of ANZSIC codes for NPI reporting;

"reporting period", for a facility, means—

        (a)     a financial year; or

        (b)     an annual period approved for the facility by the Authority under regulation 108(2);

"substance" means a substance set out in column 1 of Table 1 in Schedule A to the NEPM (NPI);

"substance identity information" for a particular substance means the name of the substance and, if available, the CAS number for the substance set out in column 2 of Table 1 in Schedule A to the NEPM (NPI);

"supporting data" for a reporting facility means—

        (a)     the name of the occupier of the facility; and

        (b)     information relating to any change of occupier or change of name of the occupier; and

        (c)     the occupier's Australian Company Name (ACN), if any; and

        (d)     the occupier's Australian Business Name (ABN), if any; and

        (e)     the street address of the facility and postal address of the occupier; and

        (f)     a contact phone number for public enquiries about NPI reporting; and

        (g)     the main activity or activities of the facility;

"transfer" includes the transport or movement of substances on-site or off-site.