(1) The component fee for an activity of a type set out in item 7 (A05a—Landfills—excluding municipal landfills servicing <5000 people) in the Table in Schedule 1 is the greater of—
(a) the amount expressed in fee units calculated by multiplying 0·0103 by the number of tonnes of waste received by the person in a year; or
This figure does not include priority waste which is calculated using a multiplier of 0.103; see subclause (2).
(2) The component fee for an activity of a type set out in item 1 (A01—Reportable priority waste management) in the Table in Schedule 1 is the greater of—
(a) the amount expressed in fee units calculated by multiplying 0·103 by the number of tonnes of reportable priority waste (transport) received by the person in a year; or
Reportable priority waste (transport) is a defined term—see regulation 4.
(3) A component fee calculated under this clause must not exceed 42 000 fee units.
2 Discharge or emission to the atmosphere
(1) In this clause, annual load means the maximum amount of waste permitted under a licence to be discharged or emitted to the atmosphere, expressed in tonnes per year—
(a) as specified in the licence; or
(b) in the case of a licence that specifies a maximum amount of waste permitted to be discharged or emitted in grams per minute, calculated by converting that amount to tonnes per year; or
(c) calculated using an emissions estimation technique approved by the Authority under clause 4.
(2) Subject to subclause (3), the component fee for discharges or emissions to the atmosphere is the greater of—
(a) the amount expressed in fee units calculated in accordance with the formula—
Annual load × C
C is the component rate specified in column 2 of Table 1 to this clause that corresponds to the class indicator for the component to be discharged or emitted under the licence specified in column 1 of that Table; or
(b) one fee unit.
(3) In the case of an activity set out in item 70
(K01—Power generation) of the Table in Schedule 1 involving an electricity generating power station that only operates during times of peak network load, the component fee calculated under subclause (2) must be multiplied by the following capacity factor formula—
(Total power generated in a financial year (MWh)) / (365 days x 24 hours x Installed capacity of the power station (MW)).
(4) If volatile organic compounds or total organic compounds are specified in a licence, the component fee is calculated using the component rate for Class 2 substances specified in Table 1 to this clause.
(5) If particles are specified in a licence, but the particle size or the particle chemical composition is not specified, the component fee is calculated using the component rate for Class 1 substances specified in Table 1 to this clause.
Table 1
| Column 1<br>Component | Column 2<br>Component rate |
| Class 1 substance | 0·412 |
| Class 2 substance | 4·12 |
| Class 3 substance | 412 |
(6) A component fee calculated under this clause must not exceed 42 000 fee units.
3 Discharge or deposit to water or land
(1) In this clause, annual flow means the volume of water permitted under a licence to be discharged or deposited to land or water, expressed in megalitres per year, calculated by—
(a) multiplying the mean daily flow rate as specified in the licence by 365; or
(b) using an emissions estimation technique approved by the Authority under clause 4.
(2) For the purposes of subclause (1), if the licence does not specify a mean daily flow, the maximum daily flow specified in the licence must be used.
(3) Subject to subclause (4), the component fee for discharges or deposits to land or water is the greater of—
(a) the amount expressed in fee units calculated in accordance with the formula—
Annual flow × C
C is the component rate specified in column 2 of Table 2 to this clause that corresponds to the component to be discharged or deposited under the licence specified in column 1 of that Table; or
(b) one fee unit.
(4) In the case of an activity set out in item 70
(K01—Power generation) of the Table in Schedule 1 involving an electricity generating power station that only operates during times of peak network load, the component fee calculated under subclause (3) must be multiplied by the following capacity factor formula—
(Total power generated in a financial year (MWh)) / (365 days x 24 hours x Installed capacity of the power station (MW)).
(5) If a discharge or deposit of any of the components in Table 2 to this clause is licensed to be discharged or deposited to land rather than water, the relevant fee for that component must be reduced by 50%.
(6) If a licence specifies electrical conductivity, the fee is the component fee for total dissolved solids multiplied by two thirds of the electrical conductivity specified under licence.
(7) If a licence specifies both electrical conductivity and total dissolved solids, no fee is to be charged for electrical conductivity.
(8) If more than one of the parameters defined as organic matter is specified under a licence, the greater limit must be used for fee calculations.
| Column 1<br>Component | Column 2<br>Component rate |
| (1) If the licence specifies an amount of waste permitted to be discharged or deposited under the licence—<br>(a) for each milligram per litre of the amount of waste permitted to be discharged or deposited under the licence of—<br>(i) total dissolved solids, discharged or deposited to anywhere other than the ocean (see subclauses (5) and (6) above); | <br> <br>0·000618 |
| (ii) suspended solids; | 0·00309 |
| (iii) organic matter (see subclauses (7) and (11)); | 0·00309 |
| (iv) total phosphorus; | 0·00515 |
| (v) total nitrogen (excluding ammonia); | 0·00515 |
| (vi) ammonia; | 0·0515 |
| (vii) for item 36 (B03—Fish farms) in the Table in Schedule 1 only, ammonia at 0·5 mg/L or less; | 0·00515 |
| (viii) toxicant (including heavy metals) (see subclause (11)); | 0·309 |
| (ix) any other waste component not specified elsewhere | 0·0515 |
| (b) for each platinum cobalt unit of colour that may be discharged or deposited under licence | 0·000309 |
| | |
| (c) for each degree Celsius of temperature above ambient temperature that may be discharged or deposited under a licence | 0·00309 |
| (2) If a licence permits the discharge or deposit of bacteria (E. coli) at a concentration of— | |
| (a) greater than 10 organisms per 100 millilitres or more but not greater than 200 organisms per 100 millilitres; | 0·00103 |
| (b) greater than 200 organisms per 100 millilitres or more, but not greater than 2000 organisms per 100 millilitres; | 0·0103 |
| (c) greater than 2000 organisms per 100 millilitres | 0·103 |
(9) The amount of waste is the median amount of waste permitted to be discharged or deposited under the licence, however, if the median amount is not specified in the licence, the next lowest value specified in the licence must be used.
1 If a licence permits the discharge or deposit of 20 mg/L of suspended solids, the component fee is calculated by multiplying the annual
flow × 20 × 0·00309.
2 If a licence permits the discharge or deposit of 5 platinum units of colour, the component fee is calculated by multiplying the annual
flow × 5 × 0·000309.
3 If a licence permits the discharge or deposit at a temperature 2ºC above ambient temperature, the component fee is calculated by multiplying the annual flow × 2 × 0·00309.
4 If a licence permits the discharge or deposit of bacteria, specifying that a concentration of 250 organisms per 100 millilitres may be discharged, the component fee is calculated by multiplying the annual flow × 0·0103.
(10) A component fee calculated under this clause must not exceed 42 000 fee units.
(11) In this clause—
above ambient temperature means, for any particular season, any temperature level of the waters receiving the licensed discharge or deposit higher than the average temperature for that season;
organic matter means total organic carbon, biochemical oxygen demand, or chemical oxygen demand that may be discharged or deposited under a licence;
toxicant means a substance which is poisonous to living things.
4 Authority may approve emissions estimation technique
(1) For the purposes of clauses 2(1)(c) and 3(1)(b), the Authority may approve an emissions estimation technique having regard to the activity being undertaken and the nature of the emissions.
(2) An approval under subclause (1) must be in writing.
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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 Regulations 2021, S.R. No. 47/2021 were made on 25 May 2021 by the Governor in Council under section 465 of the Environment Protection Act 2017, No. 51/2017 and came into operation on 1 July 2021: regulation 3.
The Environment Protection Regulations 2021 will sunset 10 years after the day of making on 25 May 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
This publication incorporates amendments made to the Environment Protection Regulations 2021 by statutory rules, subordinate instruments and Acts.
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2023 is $15.90. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
——
The following table of applied, adopted or incorporated matter was included in S.R. No. 47/2021 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 4, definition of ADR 83/00 and regulations 142, 143, 144 and 145 | Vehicle Standard (Australian Design Rule 83/00—External Noise) 2005, determined under section 7 of the Motor Vehicle Standards Act 1989 of the Commonwealth | The whole |
| Regulation 4, definitions of A-frequency weighting, alternative assessment criterion, alternative assessment location, background level, commercial, industrial and trade premises, effective noise level, LAeq, measurement point, noise limit and Noise Protocol and regulations 113, 118, 119, 125, 126 and 130 | Noise limit and assessment protocol for the control of noise from commercial, industrial and trade premises and entertainment venues, published by the Authority on its website | The whole |
| Regulation 4, definitions of appropriate standard and AS/NZS 1546.1 | AS/NZS 1546.1–Australian/New Zealand Standard 1546.1:2008, On‑site domestic wastewater treatment units, Part 1: Septic tanks, published by Standards Australia and Standards New Zealand in 2008 | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 4, definitions of appropriate standard and AS/NZS 1546.2 | AS/NZS 1546.2–Australian/New Zealand Standard 1546.2:2008, On‑site domestic wastewater treatment units, Part 2: Waterless composting toilets, published by Standards Australia and Standards New Zealand in 2008 | The whole |
| Regulation 4, definition of AS/NZS 1546.3 (2008) | AS/NZS 1546.3–Australian/New Zealand Standard 1546.3:2008, On‑site domestic wastewater treatment units, Part 3: Aerated wastewater treatment systems, published by Standards Australia and Standards New Zealand in 2008 | The whole |
| Regulation 4, definitions of appropriate standard and AS 1546.3 (2017) | AS 1546.3–Australian Standard 1546.3:2017, On‑site domestic wastewater treatment units, Part 3: Secondary treatment systems, published by Standards Australia in 2017, as amended on 21 December 2018 | The whole |
| Regulation 4, definitions of appropriate standard and AS 1546.4 | AS 1546.4–Australian Standard 1546.4:2016, On‑site domestic wastewater treatment units, Part 4: Domestic greywater treatment systems, published by Standards Australia in 2016 | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 4, definitions of APCO, Australian Packaging Covenant and signatory and regulation 93 | Australian Packaging Covenant 2017, agreed between the Australian Packaging Covenant Organisation Ltd, the representative body for signatories to the Covenant, and Commonwealth, State and Territory governments, endorsed by the National Environment Protection Council and published in 2017 | The whole |
| Regulation 4, definitions of AS/NZS 4012 and solid fuel heater and regulations 109 and 110 | AS/NZS 4012—Australian/New Zealand Standard 4012:2014, Domestic solid fuel burning appliances—Method for determination of power output and efficiency, published by Standards Australia and Standards New Zealand in 2014 | The whole |
| Regulation 4, definitions of AS/NZS 4013 and solid fuel heater and regulations 109 and 110 | AS/NZS 4013—Australian/New Zealand Standard 4013:2014, Domestic solid fuel burning appliances—Method for determination of flue gas emission, published by Standards Australia and Standards New Zealand in 2014 | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 4, definitions of Australian Light Vehicle Standards (ALVS) Rules and DT80 test cycle and regulations 139 and 140 | The Australian Light Vehicle Standards Rules 2015, published by the National Transport Commission in 2015 | The whole |
| Regulation 4, definitions of average threshold, HIL, HSL, localised elevated value threshold and National Environment Protection (Assessment of Site Contamination) Measure 1999 or NEPM (ASC) and regulations 8, 11 and 13 | National Environment Protection (Assessment of Site Contamination) Measure 1999 made under section 14 of the National Environment Protection Council Act (Victoria) 1995 and the equivalent legislation of the participating jurisdictions | The whole |
| Regulation 4, definitions of controlled waste and National Environment Protection (Movement of Controlled Waste between States and Territories) Measure or NEPM (MCW) and regulations 79, 80, 81 and 82 | National Environment Protection (Movement of Controlled Waste between States and Territories) Measure 1998 made under section 14 of the National Environment Protection Council (Victoria) Act 1995 and the equivalent legislation of the participating jurisdictions | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 4, definition of ESMP data manual and regulation 141 | ESMP data manual 1992: Engine speed at maximum power and noise test engine speeds for vehicles 1970 to 2005, published by the Authority on its website | The whole |
| Regulation 4, definitions of National Environment Protection (National Pollutant Inventory) Measure or NEPM (NPI), National Pollutant Inventory or NPI, substance and substance identity information and regulations 104 and 106 | National Environment Protection (National Pollutant Inventory) Measure 1998 made under section 14 of the National Environment Protection Council Act (Victoria) 1995 and the equivalent legislation of the participating jurisdictions | The whole |
| Regulation 4, definitions of ANZSIC code, ANZSIC codes for NPI reporting and regulation 103, definition of reporting facility and Schedule 7 | National Pollutant Inventory; List of Australian and New Zealand Standard Industrial Classification (ANZSIC), 2006; Table 2 Alphabetic Index of primary activities, published by the Commonwealth Department of Environment and Energy | The whole |
| Regulation 4, definition of National Stationary Exhaust Noise Test and regulation 141 | National Stationary Exhaust Noise Test Procedures for In‑Service Motor Vehicles, published by the National Transport Commission on behalf of the Land Transport Environment Committee in September 2006 | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 4, definitions of forward-control passenger vehicle, off-road passenger vehicle, passenger car and relevant design rules | Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) 2005 of the Commonwealth | The whole |
| Regulation 4, definition of vapour pressure | ASTM D4953—20 Standard Test Method for Vapor Pressure of Gasoline and Gasoline-Oxygenate Blends (Dry Method), published by ASTM International in 2020 | The whole |
| Regulation 4, definitions of hazardous substance and Waste Classification Assessment Protocol and regulations 20, 61 and 66 | Waste Classification Assessment Protocol, published by the Authority on its website | The whole |
| Regulation 4, definitions of fill material and Waste Disposal Categories—Characteristics and Thresholds, regulation 62 and Schedules 1, 5 and 6 | Waste Disposal Categories—Characteristics and Thresholds, published by the Authority on its website | The whole |
| Regulation 10 | Australian Drinking Water Guidelines Paper 6: National Water Quality Management Strategy, published by the National Health and Medical Research Council, National Resource Management | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| | Ministerial Council, Commonwealth of Australia in 2011<br>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 | <br>The whole |
| Regulation 40 | Guidelines for Environmental Management—Use of Reclaimed Water, published by the Authority on its website | Table 1. Classes of reclaimed water and corresponding standards for biological treatment and pathogen reduction |
| Regulation 170 | Protocol for calculating monetary benefits, published by the Authority on its website | The whole |
——
The following table of applied, adopted or incorporated matter was included in S.R. No. 92/2021 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 5, definition of NZS 6808:1998 and regulation 131B | New Zealand Standard NZS 6808:1998, Acoustics—The Assessment and Measurement of Sound from Wind Turbine Generators, published by Standards New Zealand in 1998 | The whole |
| Regulation 5, definition of NZS 6808:2010 and regulations 131B and 131D | New Zealand Standard NZS 6808:2010, Acoustics—Wind farm noise, published by Standards New Zealand in 2010 | The whole |
——
The following table of applied, adopted or incorporated matter was included in S.R. No. 123/2021 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
Statutory rule provisionTitle of applied, adopted or incorporated documentMatter in applied, adopted or incorporated document
Regulation 5 which amends regulation 40(2) of the Environment Protection Regulations 2021 Victorian guideline for water recycling, published by the Authority on its website in 2021 The whole
——
The following table of applied, adopted or incorporated matter was included in S.R. No. 132/2021 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 4, which inserts a new definition of NZS 6808:1998 into regulation 4 of the Principal Regulations | New Zealand Standard NZS 6808:1998, Acoustics—The assessment and measurement of sound from wind turbine generators, published by Standards New Zealand in 1998 | The whole |
| Regulation 4, which inserts a new definition of NZS 6808:2010 into regulation 4 of the Principal Regulations | New Zealand Standard NZS 6808:2010, Acoustics—Wind farm noise, published by Standards New Zealand in 2010 | The whole |
——
The following table of applied, adopted or incorporated matter was included in S.R. No. 120/2022 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 5(4), which substitutes the definition of NZS 6808:1998 in regulation 4 of the Principal Regulations, regulation 5(8), which inserts the definition of 1998 NZS wind energy facility in regulation 4 of the Principal Regulations, and regulation 7, which inserts new regulation 131B in the Principal Regulations | New Zealand Standard NZS 6808:1998, Acoustics—The Assessment and Measurement of Sound from Wind Turbine Generators, published by Standards New Zealand on 21 April 1998 | The whole |
| Regulation 5(4), which substitutes the definition of NZS 6808:2010 in regulation 4 of the Principal Regulations, regulation 7, which inserts new regulations 131B, 131BA, 131BC, 131CA and 131D in the Principal Regulations, and regulation 8, which | New Zealand Standard NZS 6808:2010, Acoustics—Wind farm noise, published by Standards New Zealand on 1 March 2010 | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| amends regulation 164(ca) of the Principal Regulations | | |
——
The following table of applied, adopted or incorporated matter was included in S.R. No. 115/2023 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 15(4) which inserts items 4 and 6 in the Table in regulation 131B of the Environment Protection Regulations 2021 | New Zealand Standard NZS 6808:1998, Acoustics—The assessment and measurement of sound from wind turbine generators, published by Standards New Zealand on 21 April 1998 | The whole |
| Regulation 15(4) which inserts items 5 and 6 in the Table in regulation 131B of the Environment Protection Regulations 2021 | New Zealand Standard NZS 6808:2010, Acoustics—Wind farm noise, published by Standards New Zealand on 1 March 2010 | The whole |