Victorian Numbered Regulations Victorian Numbered RegulationsFor the purposes of section 81(3) of the Act, the prescribed matters are—
(a) in the case of an application to the Authority—
(i) any measures the applicant has taken or proposes to take in order to comply with the general environmental duty when engaging in the activity specified in the application; and
(ii) the impact of the activity on human health and the environment; and
(iii) the principles of environment protection; and
(iv) whether the activity is otherwise consistent with the Act and these Regulations; and
(b) in the case of an application to the Authority for a permit that specifies an activity set out in item 15 (A10a—Reportable priority waste (transport)—high risk) in the Table in Schedule 1, the best available techniques or technologies for engaging in the activity; and
(c) in the case of an application to the Authority for a permit that specifies an activity set out in item 17 (A11—Transporting waste into Victoria) in the Table in Schedule 1—
(i) whether the facility to which the waste will be transported is appropriately licensed or otherwise approved by the Authority to receive the waste and has sufficient capacity to receive the waste; and
(ii) relevant environment protection policies, statutory policies and legislation of other participating jurisdictions relating to the generation, transport, treatment or disposal of waste; and
(iii) whether there is an appropriate facility for the reuse, recycling, treatment or disposal of the waste in the jurisdiction where the waste was generated; and
(d) in the case of an application to the Authority for a permit that specifies an activity set out in item 18 (A12—Transporting waste out of Victoria) in the Table in Schedule 1—
(i) the type of waste being assessed and how best practice disposal or deposit of this type of waste may occur in Victoria; and
(ii) engineering specifications of the facility to which the waste is proposed to be deposited or disposed to in the receiving jurisdiction and how that compares with the matters set out in subparagraph (i); and
(iii) if the movement is intended to achieve a higher order waste management hierarchy outcome as set out in section 18 of the Act; and
(e) in the case of an application to the Authority for a permit that specifies an activity set out in item 26 (A18—Discharge or deposit of waste to aquifer) in the Table in Schedule 1, whether granting the permit may adversely affect any environmental values identified in any relevant environment reference standard, taking into account any other activities being, or proposed to be, engaged in by the applicant or any other person; and
(f) in the case of an application to the Authority for a permit that specifies an activity set out in item 76 (L05—Operation outside of hours or extended operations) in the Table in Schedule 1—
(i) the effective noise levels in any previous operations engaged in by the applicant (if applicable); and
(ii) the history of complaints received by the Authority or a council in relation to previous operations engaged in by the applicant (if any); and
(iii) any action the applicant intends to take to control noise emissions and to minimise their impacts; and
(iv) whether it is in the public interest to grant the permit; and
(g) in the case of an application to the Authority for a permit that specifies an activity set out in item 77 (L06—Conducting more than 6 outdoor concerts) in the Table in Schedule 1—
(i) the number of concerts in that location in the previous year (if applicable); and
(ii) the effective noise levels of concerts in that location in the previous year (if applicable); and
(iii) the history of complaints received about concerts in that location in the previous year (if any); and
(iv) any action the applicant intends to take to control noise emissions and to minimise their impacts; and
(v) whether it is in the public interest to grant the permit; and
(h) in the case of an application to a council, in whose municipal district the on-site wastewater management system is located, for a permit that specifies an activity set out in item 28 (A20—On-site wastewater management systems) in the Table in Schedule 1—
(i) whether the site for the proposed construction, installation or alteration of the on-site wastewater management system is environmentally sensitive or is otherwise unsuitable; and
(ii) whether the proposed construction, installation or alteration of the on-site wastewater management system is unsuitable for the site or proposed use; and
(iii) whether the proposed use of the on-site wastewater management system is inconsistent with the design specifications of the system; and
(iv) whether the area available for the treatment or disposal of the effluent resulting from the system is not suitable or sufficient; and
(v) the findings of any land capability assessment required under regulation 26(2)(e).
Examples
Environmentally sensitive sites for the purposes of paragraph (h)(i) may include freshwater lakes, sites located in sandy areas with high water tables and sites in sensitive areas where the receiving waters may be at risk of algal blooms from high nutrient levels.