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Section 131C - Environment Protection Regulations 2021 - Duty to manage and review wind turbine noise 180 | Zoe
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Environment Protection Regulations 2021
131CDuty to manage and review wind turbine noise 180 Start here
Get a plain-English read of 131C Turn the raw legal text into a practical explanation grounded in Environment Protection Regulations 2021.
Explain section 131C Duty to manage and review wind turbine noise 180
131CA Duty to ensure compliance with noise limit or alternative monitoring point criterion 180
131D Post-construction noise assessment 181
131E Noise management plan 181
131F Annual statement 183
131G Wind turbine noise monitoring 184
131H Unreasonable noise 185
Subdivision 2—Transitional provisions—Environment Protection Amendment (Wind Turbine Noise) Regulations 2022 185
131I Transitional provision—noise limits 185
131J Transitional provision—annual statements 186
Part 5.4—Water 187
132 Discharge or deposit of waste from vessels 187
Part 5.5—Plastic shopping bag ban and single-use plastic item ban 190
Division 1—Plastic shopping bag ban 190
133 Retailer must not sell or provide banned plastic bag 190
134 Provision of false or misleading information 190
Division 2—Single-use plastic item ban 191
134A Definitions 191
134B What is a banned single-use plastic item? 194
134C Offence to sell, supply, distribute or provide banned single-use plastic items 195
134D Provision and sale of existing plastic items 195
134E Sale, supply, distribution or provision of single-use plastic drinking straws for use by designated persons 196
134F Offence to provide false or misleading information 196
Part 5.6—Emissions from motor vehicles 197
Division 1—General 197
135 Application 197
Division 2—Air emissions 197
136 Visible pollution from motor vehicles 197
137 Vehicle exhaust emissions—spark ignition engines manufactured 1 July 1976 to before 1 February 1986 197
138 Vehicle exhaust emissions—spark ignition engines manufactured on or after 1 February 1986 198
139 Vehicle exhaust emissions—diesel engine vehicles manufactured before 1 January 1996 200
140 Vehicle exhaust emissions—diesel engine vehicles manufactured on or after 1 January 1996 201
Division 3—Noise emissions 203
141 How to determine motor vehicle noise emissions 203
142 Noise emissions—motor vehicles approved in accordance with ADR 83/00 203
143 Noise emissions—passenger vehicles not approved in accordance with ADR 83/00 204
144 Noise emissions—goods vehicles and buses not approved in accordance with ADR 83/00 204
145 Noise emissions—motor cycles and motor trikes not approved in accordance with ADR 83/00 208
Next section 2 Authorising provision
146 Non-compliant device 209
Division 4—Vehicle noise labelling standards 209
147 Labelling of motor cycles and motor trikes 209
Division 5—General motor vehicle offences 211
148 Selling or supplying a motor vehicle capable of exceeding a prescribed standard for the emission of noise 211
149 Noise defeat devices 212
Division 6—Petrol vapour pressure 213
151 Monthly average volumetric vapour pressure 213
152 Production of petrol with excess vapour pressure 214
153 Vapour pressure—record keeping 215
154 Annual compliance report 215
Division 7—Approved motor vehicle testers and certificates of compliance 216
155 Appointment of approved motor vehicle testers 216
156 Authority may require motor vehicle to be tested 216
157 Approved motor vehicle tester to test vehicle 217
158 Offences to use or supply or sell certain motor vehicles 218
Part 5.7—On-site wastewater management systems 219
159 On-site wastewater management system operation and maintenance 219
160 Duty to provide information to occupier 220
161 Duty to notify council 220
162 Duty to keep and provide maintenance records 221
163 Council may order maintenance 222
Chapter 6—Environmental audits and financial assurances 224
Part 6.1—Environmental audit system 224
164 Functions of environmental auditors 224
165 Authority approval of environmental auditor functions 225
166 Prescribed time to apply for reappointment as environmental auditor 226
Part 6.2—Financial assurances 227
167 Prescribed permissions 227
168 Risk assessment criteria 227
Chapter 7—Enforcement 229
169 Infringement offences and infringement penalties 229
170 Monetary benefit orders protocol 229
171 Council may take proceedings for specified offences relating to on-site wastewater management systems 229
Part 8.1—Development licences 232
172 Prescribed application fee for development licence 232
173 Prescribed transfer fee for development licence 233
174 Prescribed amendment fee for development licence 233
175 Prescribed exemption fee for development licence 234
Part 8.2—Operating licences 235
176 Prescribed application fee for operating licence 235
177 Prescribed annual fee 235
178 Prescribed time and period for annual fee 237
179 Prescribed transfer fee for operating licence 237
180 Prescribed amendment fee for operating licence 237
181 Prescribed surrender fee for operating licence 238
182 Prescribed exemption fee for operating licence 238
Part 8.3—Pilot project licences 240
183 Prescribed application fee for pilot project licence 240
184 Prescribed transfer fee for pilot project licence 240
185 Prescribed amendment fee for pilot project licence 240
Division 1—Fees for reportable priority waste transport permits 242
186 Prescribed application fee for permit to transport reportable priority waste 242
187 Prescribed transfer fee for permit to transport reportable priority waste 242
188 Prescribed amendment fee for permit to transport reportable priority waste 243
189 Prescribed surrender fee for permit to transport reportable priority waste 243
190 Prescribed exemption fee for reportable priority waste transport permit—interstate authorisation 243
191 Prescribed exemption fee for reportable priority waste transport permit 243
192 Prescribed renewal fee for permit to transport reportable priority waste 244
Division 2—Fees for controlled waste transport permits 244
193 Prescribed application fee for permit to transport controlled waste into Victoria 244
Division 3—Fees for other permits issued by the Authority 244
194 Prescribed fees for certain permits 244
195 Prescribed fees for permits relating to outdoor concerts or events 247
Division 4—Prescribed fees in relation to on-site wastewater management systems 247
196 Prescribed application fee for permit to construct, install or alter an on-site wastewater management system 247
197 Prescribed fee to transfer on-site wastewater management system permit 248
198 Prescribed fee to amend on-site wastewater management system permit 248
199 Prescribed exemption fee for on-site wastewater management system permit 249
200 Prescribed renewal fee for on-site wastewater management system permit 249
Part 8.5—Registrations 250
201 Prescribed application fee for registration to transport reportable priority waste 250
202 Prescribed exemption fee for reportable priority waste transport registration—interstate authorisation 250
203 Prescribed renewal fee for registration to transport reportable priority waste 250
Part 8.6—Financial assurances 251
204 Prescribed review fee for financial assurance 251
205 Prescribed fee for requesting release of financial assurance 251
Part 8.7—Environmental auditors and audits 252
206 Prescribed application fee for appointment as environmental auditor 252
207 Prescribed fee for reappointment as environmental auditor 252
208 Prescribed fees to be paid by environmental auditor 252
209 Prescribed application fee for authorisation of emergency storage, use etc. of waste 253
210 Prescribed fees for better environment plans 254
211 Prescribed amendment fee for better environment plan 255
212 Prescribed application fee for appointment as accredited consigner 255
213 Prescribed fee for revocation or variation of site management order 255
214 Prescribed fee for application for exemption from a provision of the regulations or a legislative instrument 256
Part 8.9—Fees waiver or refund 257
215 Authority or council may waive or refund fees 257
Chapter 9—Administrative matters 258
Part 9.1—Public Register 258
216 Additional information to be kept on the Public Register 258
217 Time and manner for accessing the Public Register 258
Chapter 10—Saving and transitionals 259
Part 10.1—General transitional provisions 259
Part 10.2—Permissions 260
219 Prescribed equivalent permissions 260
220 Pending applications 262
221 Prescribed provisions 263
222 Temporary prescribed exemptions—operating activities 265
223 Temporary prescribed exemptions—permit activities 265
224 Temporary prescribed exemptions—registration activities 267
225 Temporary prescribed exemption—registration activities—use of waste tyres for silage production 268
Schedule 1—Prescribed permission activities and fees 269
Schedule 2—EPU values table 306
Schedule 3—Methane gas action levels 307
Schedule 4—Class 1, 2 and 3 substances 308
Schedule 5—Waste classification 314
Schedule 6—Categories of priority waste 331
Schedule 7—Reportable priority waste transaction details 335
Schedule 8—Restricted areas for landfill infrastructure 339
Schedule 9—Method for determining the concentration of carbon monoxide and hydrocarbons in the exhaust gases of a motor vehicle 340
Schedule 10—Infringement offences and infringement penalties 344
Schedule 11—Component fees 353
1 General information 360
2 Table of Amendments 362
3 Explanatory details 363
Environment Protection Regulations 2021
Version incorporating amendments as at
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.