Victorian Numbered Regulations

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ENVIRONMENT PROTECTION REGULATIONS 2021 (SR NO 47 OF 2021) - REG 13

Prescribed exempt notifiable contamination

For the purposes of section 40(4)(b) of the Act, the following are prescribed exempt notifiable contamination—

        (a)     a stockpile of industrial waste at a place or premises authorised to receive industrial waste, other than retention of soil described in regulation 12;

        (b)     contamination of land in relation to which a notice was served by the Authority under section 31A, 31B, or 62A of the Environment Protection Act 1970 for land or groundwater contamination, that was in force immediately before the repeal of that Act or had been revoked if there has been no material change in the condition of the land after the notice was served or revoked;

        (c)     contamination of land in relation to which a certificate of environmental audit or a statement of environmental audit has been issued by an environmental auditor under the Environment Protection Act 1970 , if—

              (i)     no potentially contaminating activities have been carried out on the land after the certificate or statement was issued; and

              (ii)     there has been no material change in the condition of the land after the certificate or statement was issued; and

              (iii)     there are no adverse effects on land adjacent to the land;

        (d)     contamination of land arising from a particular waste or a chemical substance that is not specified in section 6 of Schedule B1 to the NEPM (ASC), other than contamination arising from—

              (i)     asbestos described in regulation 9; or

              (ii)     non-aqueous phase liquid described in regulation 10(3).



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