1Objectives

The objectives of these Regulations are to further the purposes of, and give effect to, the Environment Protection Act 2017 by—

(a)

imposing obligations in relation to environmental protection, pollution incidents, contaminated land and waste, including in relation to on-site wastewater management systems; and

(b)

providing for activities and other matters for the purposes of permissions under the Act; and

(c)

specifying matters in relation to litter, water, the atmosphere, land, noise and vehicle emissions; and

(d)

encouraging retailers and consumers to reduce the overall use of plastic bags that often enter the environment as litter, by banning thin, single-use plastic shopping bags; and

(e)

setting out additional matters in relation to the environmental audit system; and

(f)

prescribing activities in respect of which—

(i)

the environment protection levy is payable; and

(ii)

the waste levy is payable; and

(iii)

the Authority may require a financial assurance; and

(g)

prescribing the form and manner of certain applications; and

(h)

prescribing infringement offences and infringement penalties; and

(i)

providing for exemptions from certain provisions of the Act and these Regulations; and

(j)

prescribing the fees payable under the Act; and

(k)

providing for transitional arrangements; and

(l)

prescribing other matters necessary to give effect to the Act.

2Authorising provision

These Regulations are made under section 465 of the Environment Protection Act 2017.

3Commencement

These Regulations come into operation on 1 July 2021.

3A poster or bill pasted onto a wall without the consent of the owner.

urban growth boundary means a boundary that is specified or is to be specified as an urban growth boundary in a planning scheme;

vapour pressure, in relation to Division 6 of Part 5.6, means the petrol's volatility at 37·8℃ measured using the test method specified in ASTM D4953‑20 Standard Test Method for Vapor Pressure of Gasoline and Gasoline-Oxygenate Blends (Dry Method) published by ASTM International, as in force from time to time, or other method approved by the Authority;

vehicle testing notice means a written notice given by the Authority under regulation 156;

Victoria Planning Provisions or VPPs has the same meaning as in the Planning and Environment Act 1987;

volatile organic compound means any carbon-based chemical compound with a vapour pressure of at least 0·010 kPa at a temperature of 25°C or having a corresponding volatility under the particular conditions of use, but does not include carbon monoxide (CO), carbon dioxide (CO₂), carbonic acid, metallic carbides or carbonate salts;

Waste Classification Assessment Protocol means the Waste Classification Assessment Protocol published by the Authority on its website, as in force from time to time;

waste code means a code identifier for a waste specified in column 4 of Schedule 5 or, if there is no suitable waste code specified in column 4 of Schedule 5, allocated in a designation issued by the Authority;

Waste Disposal Categories—Characteristics and Thresholds means the Waste Disposal Categories—Characteristics and Thresholds published by the Authority on its website, as in force from time to time;

waste tyres means whole rubber tyres which are considered waste for the purposes of the Act;

wastewater means waste principally consisting of water and includes any of the following—

(a)

sewage or other human-derived wastewater;

(b)

wash down water or cooling water;

(c)

irrigation runoff or contaminated stormwater;

(d)

contaminated groundwater;

(e)

water containing any commercial, industrial and trade waste;

Reg. 4 def. of water corporation amended by S.R. Nos 92/2021 reg. 5(c), 131/2021 reg. 5(c), 132/2021 reg. 4(c), substituted by S.R. No. 120/2022 reg. 5(7).

water corporation has the same meaning as in the Water Act 1989;

Reg. 4 def. of WEF planning permit inserted by S.R. No. 115/2023 reg. 4(e).

WEF planning permit means a planning permit, as amended from time to time, issued under the Planning and Environment Act 1987 that authorises the construction or operation of a wind energy facility;

Reg. 4 def. of wind energy facility inserted by S.R. No. 92/2021 reg. 5(b), revoked by S.R. No. 131/2021 reg. 5(b), new def. of wind energy facility inserted by S.R. No. 132/2021 reg. 4(b), substituted by S.R. No. 120/2022 reg. 5(7).

wind energy facility means one or more wind turbines that are—

(a)

owned or operated by the same person or entity; and

(b)

installed in close proximity to each other (whether or not located on the same premises); and

(c)

electrically connected to a common grid;

Reg. 4 def. of wind turbine inserted by S.R. No. 92/2021 reg. 5(b), revoked by S.R. No. 131/2021 reg. 5(b), new def. of wind turbine inserted by S.R. No. 132/2021 reg. 4(b), substituted by S.R. No. 120/2022 reg. 5(7).

wind turbine means a device that is used for extracting kinetic energy from the wind (other than for domestic or rural use of the land) and includes the—

(a)

components comprising the device, such as the blades, gearbox and generator; and

(b)

associated equipment in the immediate vicinity of the device, such as the transformer at its base;

Reg. 4 def. of wind turbine noise inserted by S.R. No. 92/2021 reg. 5(b), revoked by S.R. No. 131/2021 reg. 5(b), new def. of wind turbine noise inserted by S.R. No. 132/2021 reg. 4(b), substituted by S.R. No. 120/2022 reg. 5(7).

wind turbine noise means the noise produced by the wind turbines at a wind energy facility;

Reg. 4 def. of wind turbine noise agreement inserted by S.R. No. 92/2021 reg. 5(b), revoked by S.R. No. 131/2021 reg. 5(b), new def. of wind turbine noise agreement inserted by S.R. No. 132/2021 reg. 4(b), substituted by S.R. No. 120/2022 reg. 5(7).

wind turbine noise agreement means an agreement referred to in regulation 131A.

5Determinations of the Authority

(1)

The Authority may make a determination for the purposes of section 36(a) of the Act that sets out the background level (including the manner of deriving the background level) of waste or a chemical substance in relation to land.

(2)

A determination made by the Authority under subregulation (1) may—

(a)

set out the background level (including the manner of deriving the background level) of any of the following—

(i)

waste or a type of waste;

(ii)

a chemical substance or a class of chemical substance; and

(b)

be limited to a specific place or premises or class of place or premises; and

(c)

be of specific or general application.

(3)

The Authority may make a determination that sets out the specifications acceptable to the Authority in relation to the following—

Reg. 5(3)(a) amended by S.R. No. 123/2021 reg. 4.

(a)

receiving and using industrial waste under regulation 63(b);

(b)

the use of waste tyres under regulation 63(j) for the purposes of item 14 (A09b—Waste tyre storage—small) in the Table in Schedule 1;

(c)

a declaration of use made under regulation 64(2).

Note

The Act authorises the Authority to make determinations of other matters, including that a person does not require a certain type of permission (see section 48 of the Act).

(4)

The Authority may include in a determination under this regulation any condition or limitation it considers appropriate in the circumstances.

(5)

If the Authority makes a determination under this regulation it must publish a notice in the Government Gazette that—

(a)

states that the determination has been made; and

(b)

identifies to whom and to what the determination applies; and

(c)

identifies any provision of these Regulations to which the determination relates; and

(d)

includes any other details that the Authority considers to be appropriate.

(6)

As soon as practicable after publishing a notice in the Government Gazette, the Authority must cause a similar notice to be published on its website.

(7)

A determination takes effect on the day on which the notice is published in the Government Gazette, or on any later day specified in the notice.

(8)

The Authority must make a copy of a determination available for inspection, on request, by any person affected by the determination.

(9)

Nothing in this regulation requires the Authority to include in the notice under subregulation (5) or (6) or the copy of the determination under subregulation (8)—

(a)

any confidential or personal information about an individual; or

(b)

any confidential information relating to manufacturing or commercial secrets or working processes.

6Act compliance notes

If a note at the foot of a provision of these Regulations states "Act compliance" followed by a reference to a section number, the regulation provision sets out the way in which a person's duty or obligation under that section of the Act is to be performed in relation to the matters and to the extent set out in the regulation provision.

Note

A failure to comply with a duty or obligation under a section of the Act referred to in an "Act compliance" note is an offence to which a penalty or other sanction (including a notice under Chapter 10 of the Act) applies.

7References to Chapters and Parts

Unless the context otherwise requires, a reference in these Regulations to a Chapter or Part by a number must be construed as a reference to the Chapter or Part, designated by that number, of these Regulations.

8Soil contamination

For the purposes of section 37(a) of the Act, the following is prescribed notifiable contamination—

(a)

the presence of a contaminant in or on soil on land under the management or control of a person if—

(i)

a person is, or is likely to be, exposed to the contaminant; and

(ii)

the concentration of the contaminant is, and is likely to remain, at a concentration that is—

(A)

above the average threshold for that contaminant; or

(B)

equal to or above the localised elevated value threshold for that contaminant;

(b)

the presence of a contaminant in or on soil on land adjacent to land under the management or control of a person if—

(i)

the contaminant has entered from, or is likely to have entered from, the land under the management or control of the person; and

(ii)

the concentration of the contaminant is, and is likely to remain, at a concentration that is—

(A)

above the average threshold for that contaminant; or

(B)

equal to or above the localised elevated value threshold for that contaminant;

(c)

the presence of a contaminant in or on soil on land under the management or control of a person—

(i)

that is likely to enter and remain on land adjacent to that land; and

(ii)

in a concentration that is likely to be above the HIL for that contaminant for the current use of the adjacent land, as specified in section 6 of Schedule B1 to the NEPM (ASC).

9Asbestos in or on soil

For the purposes of section 37(a) of the Act, the presence of friable asbestos in or on soil on land is prescribed notifiable contamination if a person is, or is likely to be, exposed to airborne asbestos fibre levels of above 0·01 fibres per millilitre by means of inhalation.

10Actual or likely contamination of groundwater or surface water

(1)

For the purposes of section 37(a) of the Act, the entry or likely entry of a contaminant into groundwater is prescribed notifiable contamination if—

(a)

the groundwater discharges, or is likely to discharge, to surface water, or is used, or may be used, for—

(i)

human consumption or contact; or

(ii)

stock watering; or

(iii)

irrigation; and

(b)

the concentration of the contaminant in the groundwater—

(i)

is, or is likely to be, above the default guideline value for that contaminant specified in the ANZG, or the guideline value for that contaminant specified in the ADWG; and

(ii)

is likely to remain above that specified concentration.

(2)

For the purposes of section 37(a) of the Act, the entry or likely entry of a contaminant into surface water is prescribed notifiable contamination if the concentration of the contaminant in the surface water—

(a)

is, or is likely to be, above the default guideline value for that contaminant specified in the ANZG, or the guideline value for that contaminant specified in the ADWG; and

(b)

is likely to remain above that specified concentration.

(3)

For the purposes of section 37(a) of the Act, the presence of any non-aqueous phase liquid in groundwater, surface water or an aquifer on or in land is prescribed notifiable contamination.

(4)

In this regulation—

ADWG means the Australian Drinking Water Guidelines Paper 6—National Water Quality Management Strategy, published by the National Health and Medical Research Council, National Resource Management Ministerial Council, Commonwealth of Australia in 2011, as in force from time to time;

ANZG means the 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, as in force from time to time.

11Vapour inhalation pathway (vapour intrusion)

(1)

For the purposes of section 37(a) of the Act, in the circumstances specified in subregulation (2), the following are prescribed notifiable contamination—

(a)

the 95% upper confidence limit on the arithmetic average concentration of a contaminant in soil vapour samples from the land is above the interim soil vapour HIL for volatile organic chlorinated compounds for the current use of the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(b)

the concentration of a contaminant in an individual soil vapour sample from the land is equal to or above 250% of the interim soil vapour HIL for volatile organic chlorinated compounds for the current use of the land or any land adjacent to the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(c)

the 95% upper confidence limit on the arithmetic average concentration of a contaminant in soil vapour samples from the land is above the soil vapour HSL for vapour intrusion for the current use of the land or any land adjacent to the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(d)

the concentration of a contaminant in an individual soil vapour sample from the land is equal to or above 250% of the soil vapour HSL for vapour intrusion for the current use of the land or any land adjacent to the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(e)

the 95% upper confidence limit on the arithmetic average concentration of a contaminant in soil samples from the land is above the soil HSL for vapour intrusion for the current use of the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(f)

the concentration of a contaminant in an individual soil sample from the land is equal to or above 250% of the soil HSL for vapour intrusion for the current use of the land or any land adjacent to the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(g)

the 95% upper confidence limit on the arithmetic average concentration of a contaminant in groundwater samples from the land is above the groundwater HSL for vapour intrusion for the current use of the land or any land adjacent to the land as specified in section 6 of Schedule B1 to the NEPM (ASC);

(h)

the concentration of a contaminant in an individual groundwater sample from the land that is equal to or above 250% of the groundwater HSL for vapour intrusion for the current use of the land as specified in section 6 of Schedule B1 to the NEPM (ASC).

(2)

For the purposes of subregulation (1), the following circumstances are specified—

(a)

the concentration of a contaminant remains, or is likely to remain, above the concentration specified in that subregulation;

(b)

a person is, or is likely to be, exposed to the contaminant or any by-product of the contaminant.

12On-site retention of contaminated soil

For the purposes of section 37(a) of the Act, the on-site retention of soil (other than fill material) from contaminated land sourced on-site that is not an activity for which a permission is required, is prescribed notifiable contamination.

Environment Protection Regulations 2021

About this Act

Bill & explanatory material

This Act’s bill