Environment Protection Further Revocation Regulations 2021
S.R. No. 131/2021
Version as at
26 October 2021
TABLE OF PROVISIONS
Regulation Page
1 Objectives 1
2 Authorising provision 1
3 Principal Regulations 1
4 Revocation 1
5 Definitions 2
6 Prediction, measurement, assessment and analysis of noise must be in accordance with Noise Protocol 2
7 Revocation of Division 5 of Part 5.3 2
8 Functions of environmental auditors 2
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Endnotes 4
1 General information 4
2 Table of Amendments 6
3 Amendments Not in Operation 7
4 Explanatory details 8
Version No.001
Environment Protection Further Revocation Regulations 2021
S.R. No. 131/2021
Version as at
26 October 2021
1 Objectives
The objectives of these Regulations are—
(a) to revoke the Environment Protection Amendment (Wind Turbine Noise) Regulations 2021; and
(b) to undo the amendments made by those Regulations to the Environment Protection Regulations 2021.
2 Authorising provision
These Regulations are made under section 465 of the Environment Protection Act 2017.
3 Principal Regulations
In these Regulations, the Environment Protection Regulations 2021[1] are called the Principal Regulations.
4 Revocation
The Environment Protection Amendment (Wind Turbine Noise) Regulations 2021[2] are revoked.
5 Definitions
In regulation 4 of the Principal Regulations—
(a) for the definition of noise limitsubstitute—
"noise limit means the maximum effective noise level allowed in a noise sensitive area, as determined in accordance with the Noise Protocol;";
(b) the definitions of , , , , , , , , , , , and are ;
Section 1 - Environment Protection Further Revocation Regulations 2021 - Environment Protection Further Revocation Regulations 2021 | Zoe
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
wind turbine noise agreement
revoked
(c) in the definition of water corporation, for "1989;" substitute "1989.".
6 Prediction, measurement, assessment and analysis of noise must be in accordance with Noise Protocol
In regulation 113 of the Principal Regulations omit "other than Division 5 of this Part,".
7 Revocation of Division 5 of Part 5.3
Division 5 of Part 5.3 of the Principal Regulations is revoked.
8 Functions of environmental auditors
(1) In regulation 164 of the Principal Regulations, at the foot of paragraph (c) insert—
"Example
The 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.".
(2) Regulation 164(ca) of the Principal Regulations is revoked.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The 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.
The 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).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes 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.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 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.
This 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.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All 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).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 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.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "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.
• Other material
Any 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).
2 Table of Amendments
There are no amendments made to the Environment Protection Further Revocation Regulations 2021 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.
4 Explanatory details
Reg. 3: S.R. No. 47/2021 as amended by S.R. Nos 82/2021, 92/2021 and 123/2021. ↑