{"id":"sr:environment-protection-further-revocation-regulations-2021","name":"Environment Protection Further Revocation Regulations 2021","slug":"environment-protection-further-revocation-regulations-2021","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183417,"registerId":"vic-sr:environment-protection-further-revocation-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environment Protection Further Revocation Regulations 2021","content":"Version No. 001\n\n**Environment Protection Further Revocation Regulations 2021**\n\n**S.R. No. 131/2021**\n\nVersion as at  \n26 October 2021\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Principal Regulations 1\n\n4 Revocation 1\n\n5 Definitions 2\n\n6 Prediction, measurement, assessment and analysis of noise must be in accordance with Noise Protocol 2\n\n7 Revocation of Division 5 of Part 5.3 2\n\n8 Functions of environmental auditors 2\n\n═════════════\n\nEndnotes 4\n\n1 General information 4\n\n2 Table of Amendments 6\n\n3 Amendments Not in Operation 7\n\n4 Explanatory details 8\n\n**Version No.** **001**\n\n**Environment Protection Further Revocation Regulations 2021**\n\n**S.R. No. 131/2021**\n\nVersion as at  \n26 October 2021\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to revoke the Environment Protection Amendment (Wind Turbine Noise) Regulations 2021; and\n\n(b) to undo the amendments made by those Regulations to the Environment Protection Regulations 2021.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 465 of the **Environment Protection Act 2017**.\n\n\t3 Principal Regulations\n\nIn these Regulations, the Environment Protection Regulations 2021[[1]](#endnote-1) are called the Principal Regulations.\n\n\t4 Revocation\n\nThe Environment Protection Amendment (Wind Turbine Noise) Regulations 2021[[2]](#endnote-2) are **revoked**.\n\n\t5 Definitions\n\nIn regulation 4 of the Principal Regulations—\n\n(a) for the definition of ***noise limit*** **substitute**—\n\n\"***noise limit*** means the maximum effective noise level allowed in a noise sensitive area, as determined in accordance with the Noise Protocol;\";\n\n(b) the definitions of ***alternative monitoring point***, ***alternative monitoring point criteria***, ***authorising document***, ***noise management plan***, ***NZS 6808:1998***, ***NZS 6808:2010***, ***post-construction noise assessment***, ***relevant landowner***, ***relevant noise standard***, ***wind energy facility***, ***wind turbine***, ***wind turbine noise*** and ***wind turbine noise agreement*** are **revoked**;\n\n(c) in the definition of ***water corporation***, for \"**1989**;\" **substitute** \"**1989**.\".\n\n\t6 Prediction, measurement, assessment and analysis of noise must be in accordance with Noise Protocol\n\nIn regulation 113 of the Principal Regulations **omit** \"other than Division 5 of this Part,\".\n\n\t7 Revocation of Division 5 of Part 5.3\n\nDivision 5 of Part 5.3 of the Principal Regulations is **revoked**.\n\n\t8 Functions of environmental auditors\n\n(1) In regulation 164 of the Principal Regulations, at the foot of paragraph (c) **insert**—\n\n\"**Example**\n\nThe Victoria Planning Provisions confer a function on an environmental auditor to verify whether or not an acoustic assessment undertaken for the purpose of the post‑construction noise assessment on a wind farm has been conducted in accordance with the relevant standard.\".\n\n(2) Regulation 164(ca) of the Principal Regulations is **revoked**.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Environment Protection Further Revocation Regulations 2021, S.R. No. 131/2021 were made on 26 October 2021 by the Governor in Council under section 465 of the **Environment Protection Act 2017**, No. 51/2017 and came into operation on 26 October 2021.\n\nThe Environment Protection Further Revocation Regulations 2021 will sunset 10 years after the day of making on 26 October 2031 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Environment Protection Further Revocation Regulations 2021 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\n1. Reg. 3: S.R. No. 47/2021 as amended by S.R. Nos 82/2021, 92/2021 and 123/2021. [↑](#endnote-ref-1)\n\n2. Reg. 4: S.R. No. 92/2021. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument narrows the regulatory framework applied to wind turbine noise by revoking the Wind Turbine Noise Amendment Regulations 2021 and deleting Division 5 of Part 5.3, plus a set of wind‑specific definitions (regs 4, 5(b), 7). It shifts measurement and limit-setting back to the Noise Protocol (reg 5(a), reg 6), and adjusts environmental auditor functions by adding an example and removing reg 164(ca) (reg 8). This reverses the prior expansion of wind‑specific rules and returns responsibility for technical measurement standards to the Noise Protocol."},"complexity_factors":["Primary action is revocation of earlier amendment rules rather than introducing new substantive rules (low drafting complexity).","Multiple cross-references to the Principal Regulations and an external standard (Noise Protocol) create reliance on materials not reproduced here (medium interpretive complexity).","Removal of numerous defined terms (reg 5(b)) requires re-reading of the Principal Regulations to determine residual meanings and compliance obligations (downstream complexity).","Revocation of Division 5 of Part 5.3 (reg 7) alters existing compliance pathways and may create transitional ambiguity for affected parties.","Insertion of an example clarifying an auditor function (reg 8(1)) increases interpretive guidance but does not create a new rule — it affects audit practice and discretion."],"plain_english_summary":"These Regulations revoke the Environment Protection Amendment (Wind Turbine Noise) Regulations 2021 and undo those changes, removing wind‑turbine‑specific definitions and revoking Division 5 of Part 5.3. They restore noise prediction, measurement and limits to be determined under the Noise Protocol.\n\nWind farm operators, relevant landowners, environmental auditors and regulators are affected: measurement methods and who bears assessment costs revert to the Noise Protocol; auditor verification roles are given an illustrative example; several wind‑specific compliance paths are removed (regs 4–8)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation performs exactly what its title and objectives state: it revokes previous wind turbine noise regulations. There is no scope creep — the instrument is narrowly focused on undoing specific amendments made earlier in 2021."},"complexity_factors":["Very short instrument — only 8 regulations spanning 2 pages of substantive content","No defined terms within the instrument itself; all definitions are amendments to another regulation","Simple, linear structure — each regulation performs a single, discrete amendment","No conditional logic, exceptions, or nested provisions","Minimal cross-referencing — only refers to specific regulations in the Principal Regulations that are being amended","Straightforward revocation mechanism — no transitional or savings provisions"],"plain_english_summary":"**What this legislation does:**\n\nThese Regulations are essentially an \"undo\" button. They **revoke (cancel)** the *Environment Protection Amendment (Wind Turbine Noise) Regulations 2021* — a set of rules that had introduced special noise restrictions for wind turbines in Victoria.\n\n**Who it affects:**\n\n- **Wind farm operators** — no longer need to comply with the specific wind turbine noise rules that were briefly in place\n- **Local communities near wind farms** — the special noise monitoring and assessment requirements for wind turbines are removed\n- **Environmental auditors** — their role in checking wind farm noise assessments is simplified\n- **Planning authorities** — revert to using the general noise protocol rather than wind-specific standards\n\n**What changes specifically:**\n\n- **Deletes** an entire section (Division 5 of Part 5.3) from the main Environment Protection Regulations that dealt specifically with wind turbine noise\n- **Removes 13 defined terms** related to wind turbines, including \"wind turbine noise,\" \"wind energy facility,\" and \"post-construction noise assessment\"\n- **Simplifies the definition of \"noise limit\"** to use the general Noise Protocol instead of wind-specific standards\n- **Updates the role of environmental auditors** — removes a specific reference to wind farm noise assessments and replaces it with a general example about verifying acoustic assessments\n\n**Why it matters:**\n\nThis represents a **policy reversal**. The government had introduced specific wind turbine noise regulations earlier in 2021, then changed course and removed them entirely. This means wind farms are now regulated under general environmental noise laws rather than industry-specific rules. The change suggests a shift toward treating wind farm noise like any other industrial noise, rather than having separate, stricter standards."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available text, the instrument appears to serve its stated purpose as a revocation regulation without evidence of scope expansion beyond administrative clean-up of existing environment protection regulations."},"complexity_factors":["The regulation appears to be a simple revocation instrument with no substantive new rules or obligations created","Minimal operative content is visible in the provided text — the full schedule of revoked instruments is not shown, limiting analysis","Revocation regulations are structurally straightforward by nature","No complex definitions, exceptions, or cross-references are apparent from the available text"],"plain_english_summary":"These Regulations formally revoke a set of Victorian environment protection instruments, essentially administrative housekeeping to remove redundant or superseded rules. Direct effects are limited — mainly government agencies, environmental compliance officers and businesses that formerly operated under the revoked instruments.\n\nIt matters because it reduces legal clutter and clarifies which rules apply. Note: the instrument text provided doesn’t list the specific regulations being revoked, so precise impacts can’t be assessed here."}},"importantCases":[],"_links":{"self":"/api/acts/environment-protection-further-revocation-regulations-2021","history":"/api/acts/environment-protection-further-revocation-regulations-2021/history","analysis":"/api/acts/environment-protection-further-revocation-regulations-2021/analysis","conflicts":"/api/acts/environment-protection-further-revocation-regulations-2021/conflicts","importantCases":"/api/acts/environment-protection-further-revocation-regulations-2021/important-cases","documents":"/api/acts/environment-protection-further-revocation-regulations-2021/documents"}}