Environment Protection (Scheduled Premises and Exemptions) Regulations 2007

Authorised by the Chief Parliamentary Counsel i Authorised Version No. 005 Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 Authorised Version incorporating amendments as at 21 July 2016 TABLE OF PROVISIONS Regulation Page Part 1—Preliminary 1 1 Objectives 1 2 Authorising provision 1 3 Commencement 2 4 Revocation 2 5 Definitions 2 Part 2—Scheduled premises 4 6 Scheduled premises 4 7 How conflict to be resolved if premises falls into more than 1 description 4 Part 3—General exemptions 5 8 Application of exemption provisions 5 9 Noise 5 10 Air 5 11 Land or water 7 12 Wastes 7 Part 4—Landfill levy 9 13 Scheduled premises required to pay landfill levy 9 Part 5—Financial assurances 10 14 Scheduled premises requiring a financial assurance 10 Part 6—Environment protection levy 11 15 Scheduled premises required to pay environment protection levy 11 Part 7—Temporary exemption 12 16 Transitional provision relating to premises used to store waste tyres 12 Authorised by the Chief Parliamentary Counsel Regulation Page ii Part 8—Environment Protection (Fees) Regulations 2001 13 17 Revocation of regulation 10 13 18 Amendment of Schedule 2 13 Schedules 14 Schedule 1—Scheduled Premises Table 14 Schedule 2—Amendment of Environment Protection (Fees) Regulations 2001 34 Schedule 3—EPU Values Table 37 ═══════════════ Endnotes 38 1 General information 38 2 Table of Amendments 40 3 Amendments Not in Operation 41 4 Explanatory details 42 Authorised by the Chief Parliamentary Counsel 1 Authorised Version No. 005 Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 Authorised Version incorporating amendments as at 21 July 2016 Part 1—Preliminary 1 Objectives The objectives of these Regulations are— (a) to prescribe premises as scheduled premises for the purposes of the Environment Protection Act 1970; (b) to specify scheduled premises in respect of which the Authority may require a financial assurance; (c) to specify scheduled premises in respect of which the landfill levy is payable; (d) to specify scheduled premises in respect of which the environment protection levy is payable; (e) to provide for exemptions from provisions of the Act; (f) to make consequential amendments to the Environment Protection (Fees) Regulations 2001. 2 Authorising provision These Regulations are made under section 71 of the Environment Protection Act 1970. Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 2 3 Commencement These Regulations come into operation on 1 July 2007. 4 Revocation The Environment Protection (Scheduled Premises and Exemptions) Regulations 19961 are revoked. 5 Definitions In these Regulations— animal unit means 1 head of cattle or 5 pigs or 5 of any other kind of mammal; chemical process means any process where a chemical change occurs but does not include physical processes such as mixing or blending; composting means causing the aggregation of one or more types of organic matter such that it undergoes decay; contaminated soil has the same meaning as it has in the Environment Protection (Industrial Waste Resource) Regulations 2009; EPU (equivalent passenger units), in relation to a type of tyre in column 1 of the Table in Schedule 3, means the corresponding value in column 2 of that Table; particles means any particles referred to in the State environment protection policy (Air Quality Management) including indicators— (a) Particles as PM2·5; (b) Particles as PM10; Reg. 5 def. of contaminated soil amended by S.R. No. 152/2009 reg. 5. Reg. 5 def. of EPU inserted by S.R. No. 25/2015 reg. 4(2). Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 3 (c) Total Suspended Particles; (d) T.S.P. (nuisance dust); prescribed industrial waste has the same meaning as it has in the Environment Protection (Industrial Waste Resource) Regulations 2009; State environment protection policy (Air Quality Management) means the Environment Protection Act 1970: State environment protection policy (Air Quality Management) published in the Victoria Government Gazette S240 on 21 December 2001, as amended from time to time; the Act means the Environment Protection Act 1970; volatile organic compound means any chemical compound based on carbon with a vapour pressure of at least 0·010kPa at a temperature of 25° celsius or having a corresponding volatility under the particular conditions of use except carbon monoxide (CO), carbon dioxide (CO2), carbonic acid, metallic carbides or carbonate salts; waste tyres means whole rubber tyres which are considered waste for the purposes of the Act. Reg. 5 def. of prescribed industrial waste amended by S.R. No. 152/2009 reg. 5. Reg. 5 def. of volatile organic compound amended by S.R. No. 25/2015 reg. 4(1). Reg. 5 def. of waste tyres inserted by S.R. No. 25/2015 reg. 4(2). Authorised by the Chief Parliamentary Counsel Part 2—Scheduled premises Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 4 Part 2—Scheduled premises 6 Scheduled premises For the purposes of paragraph (a) of the definition of scheduled premises in section 4(1) of the Act, a premises described in column 2 of the Table in Schedule 1 is prescribed as a scheduled premises. 7 How conflict to be resolved if premises falls into more than 1 description If a premises falls within 2 or more of the descriptions in column 2 of the Table in Schedule 1 and the premises is exempt in relation to one description but is not exempt in relation to one or more of the other descriptions, that exemption does not apply to the premises. Authorised by the Chief Parliamentary Counsel Part 3—General exemptions Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 5 Part 3—General exemptions 8 Application of exemption provisions Section 19A or 20(1) of the Act do not apply in respect of any premises prescribed as scheduled premises by regulation 6 to the extent set out in— (a) regulations 9 to 12; or (b) column 3 of the Table in Schedule 1. Notes 1 Regulations 9 to 12 set out general exemptions. 2 Column 3 of the Table in Schedule 1 sets out category specific exemptions. 9 Noise (1) A works approval under section 19A(1)(d) of the Act is not required with respect to emissions of noise from a source emitting less than 80dB(A) sound power level. (2) A works approval under section 19A(1)(d) of the Act is not required with respect to emissions of noise from premises that do not otherwise require works approval in respect of the premises. (3) Subregulation (2) does not apply with respect to emissions of noise from premises of a type numbered A08, D07, F02, F03, G03 or K01 in column 1 of the Table in Schedule 1. 10 Air (1) A works approval under section 19A(1) or 19A(2) of the Act or a licence under section 20(1) of the Act is not required with respect to discharges or emissions to air from— (a) a source, other than an incinerator or an afterburner, discharging or emitting less than— Authorised by the Chief Parliamentary Counsel Part 3—General exemptions Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 6 (i) 100kg per day Oxides of Nitrogen; or (ii) 10kg per day Oxides of Sulphur; or (iii) 100kg per day Carbon Monoxide; or (iv) 10kg per day particles (except asbestos and heavy metals); or (v) 5kg per day volatile organic compounds except for the emissions of odorous compounds or those substances referred to in subparagraph (vi); or (vi) 0·1 gram per minute of any substance classified as a class 3 indicator in State environment protection policy (Air Quality Management); (b) a standby engine; (c) fire fighting training activities; (d) a spray booth, extractor vent system or fume cupboard used in product development or in a laboratory; (e) a safety relief valve or rupture disc; (f) a vent on a wastewater treatment system except at a sewage treatment plant; (g) a general room or building ventilation point; (h) a food cooker or kitchen range; (i) an acid or alkali tank; (j) vents on fuel storage tanks which meet technology specifications acceptable to the Authority; (k) hand-held or other portable cleaning, maintenance and construction equipment; Authorised by the Chief Parliamentary Counsel Part 3—General exemptions Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 7 (l) extractive industry or mining operating in accordance with the Extractive Industries Development Act 1995 or the Mineral Resources (Sustainable Development) Act 1990. (2) A licence under section 20(1) of the Act is not required with respect to discharges or emissions to air from boilers fired solely by natural gas with a total rated capacity of less than 20 megawatts. 11 Land or water A works approval under section 19A(1)(a) of the Act or a licence under section 20(1)(a) of the Act is not required with respect to discharges or deposits to land or water from— (a) an enclosed drain connected to a sewer; (b) a municipal stormwater drainage system; (c) an emergency relief structure or other installations in the sewers of a sewerage authority; (d) an effluent reuse scheme or activity which meets discharge, deposit and operating specifications acceptable to the Authority. 12 Wastes A works approval under section 19A(1)(b) or 19A(1)(c) of the Act or a licence under section 20(1) of the Act is not required with respect to— (a) storage of 40 cubic metres or less of any biomedical waste by a municipal council, a hospital, an ambulance service or any organisation appointed by the State Co-ordinator of DISPLAN; Authorised by the Chief Parliamentary Counsel Part 3—General exemptions Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 8 (b) a temporary plant for the onsite treatment of waste where the activity meets technology, deposit, discharge and emission specifications acceptable to the Authority and which is limited to a maximum cumulative operating time of 12 months within any 3 year period; (c) a biosolids reuse scheme or activity which meets deposit and operating specifications acceptable to the Authority. Authorised by the Chief Parliamentary Counsel Part 4—Landfill levy Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 9 Part 4—Landfill levy 13 Scheduled premises required to pay landfill levy For the purposes of section 50S of the Act a scheduled premises is prescribed as a scheduled premises in respect of which the landfill levy is required to be paid for each tonne of waste that is deposited onto land at the premises— (a) if the premises is of a type numbered A01 or A05 in column 1 of the Table in Schedule 1; and (b) the premises is required to be licensed. Note Under section 50T of the Act, premises are not subject to the levy under section 50S of the Act— • if the premises is a privately owned landfill that only receives wastes that consist of substances that were owned by the owner of the landfill before they became wastes; • if the premises is a landfill that only receives the municipal wastes of an area with a population less than 5000 people, and that is owned by a municipal council. Authorised by the Chief Parliamentary Counsel Part 5—Financial assurances Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 10 Part 5—Financial assurances 14 Scheduled premises requiring a financial assurance For the purposes of section 71(1)(ada) of the Act, a scheduled premises is prescribed as a scheduled premises requiring a financial assurance if column 4 of the Table in Schedule 1 in respect of those premises states that a financial assurance is required. Authorised by the Chief Parliamentary Counsel Part 6—Environment protection levy Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 11 Part 6—Environment protection levy 15 Scheduled premises required to pay environment protection levy For the purposes of section 24A(1) of the Act, a scheduled premises is prescribed as a scheduled premises in respect of which the environment protection levy is required to be paid if the premises— (a) stores, processes or uses in excess of the prescribed quantities and prescribed concentrations of notifiable chemicals; or (b) stores, processes, treats, disposes of or otherwise handles prescribed industrial waste. Authorised by the Chief Parliamentary Counsel Part 7—Temporary exemption Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 12 Part 7—Temporary exemption 16 Transitional provision relating to premises used to store waste tyres (1) Subject to subregulation (2), section 20(1) of the Act does not apply to an occupier of premises of a type numbered A09 in column 1 of the Table in Schedule 1 until 29 October 2015. (2) If an occupier of premises who is exempted under subregulation (1) applies for a licence under section 20 of the Act before 30 October 2015, that section does not apply to the occupier until— (a) the Authority issues a licence to the occupier; or (b) the Authority refuses to issue a licence to the occupier. Reg. 16 substituted by S.R. No. 25/2015 reg. 5. Authorised by the Chief Parliamentary Counsel Part 8—Environment Protection (Fees) Regulations 2001 Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 13 Part 8—Environment Protection (Fees) Regulations 2001 17 Revocation of regulation 10 Regulation 10 of the Environment Protection (Fees) Regulations 20012 is revoked. 18 Amendment of Schedule 2 The Environment Protection (Fees) Regulations 2001 are amended as set out in Schedule 2. Authorised by the Chief Parliamentary Counsel Schedules Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 14 Schedules Schedule 1—Scheduled Premises Table Regs 6, 7, 8(b), 9(3), 13, 14 Column 1 Type Number and Summary Description Column 2 Description of Scheduled Premises* Column 3 Does a category specific exemption from works approval under section 19A or licensing under section 20(1) apply?† Column 4 Is a Financial Assurance Required? A: Waste treatment, disposal and recycling A01 (PIW management) Storage, treatment, reprocessing, containment or disposal facilities handling any prescribed industrial waste not generated at the premises. No Yes A02 (Other waste treatment) Waste treatment works engaged in the immobilisation, thermal degradation, incineration or other treatment of waste. No No *(Note—these premises require works approvals or licences) †(Note that a general exemption may also apply under regulations 9 to 12) Sch. 1 amended by S.R. Nos 152/2009 reg. 6, 25/2015 reg. 6. Authorised by the Chief Parliamentary Counsel Schedule 1—Scheduled Premises Table Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 15 Column 1 Type Number and Summary Description Column 2 Description of Scheduled Premises* Column 3 Does a category specific exemption from works approval under section 19A or licensing under section 20(1) apply?† Column 4 Is a Financial Assurance Required? A03 (Sewage treatment) Premises on or from which sewage (including sullage) effluent, exceeding a design or actual flow rate of 5000 litres per day, is treated, discharged or deposited. Premises discharging or depositing waste solely to land at a design capacity of not more than 100 000 litres per day in accordance with specifications acceptable to the Authority are exempt from licensing under section 20(1) of the Act. No A04 (Industrial wastewater treatment) Premises on or from which industrial wastewater effluent not generated at the premises, exceeding a design or actual flow rate of 5000 litres per day, is discharged or deposited. No No *(Note—these premises require works approvals or licences) †(Note that a general exemption may also apply under regulations 9 to 12) Authorised by the Chief Parliamentary Counsel Schedule 1—Scheduled Premises Table Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 16 Column 1 Type Number and Summary Description Column 2 Description of Scheduled Premises* Column 3 Does a category specific exemption from works approval under section 19A or licensing under section 20(1) apply?† Column 4 Is a Financial Assurance Required? A05 (Landfills) Landfills used for the discharge or deposit of solid wastes (including solid industrial wastes) onto land except premises with solely land discharges or deposits, used only for the discharge or deposit of mining wastes and in accordance with the Extractive Industries Development Act 1995 or the Mineral Resources (Sustainable Development) Act 1990. Municipal landfill facilities occupied by a municipal council and serving less than 500 people are exempt from works approval under section 19A of the Act. Municipal landfill facilities occupied by a municipal council and serving less than 5000 people are exempt from licensing under section 20(1) of the Act. Yes A06 (Land disposal) Land disposal facilities for the disposal of nightsoil, septic tank sludge or sewage treatment plant sludge. No No *(Note—these premises require works approvals or licences) †(Note that a general exemption may also apply under regulations 9 to 12) Authorised by the Chief Parliamentary Counsel Schedule 1—Scheduled Premises Table Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 17 Column 1 Type Number and Summary Description Column 2 Description of Scheduled Premises* Column 3 Does a category specific exemption from works approval under section 19A or licensing under section 20(1) apply?† Column 4 Is a Financial Assurance Required? A07 (Composting) Premises with aerobic or anaerobic composting which is designed to or has a capacity to process more than 100 tonnes of waste per month. No No A08 (Waste to energy) Premises which recover energy from waste at a rated capacity of at least 1 megawatt. No No A09 (Waste tyre storage) Premises with more than 40 tonnes or 5000 EPU of waste tyres at any time. No No B: Primary industry and allied operations B01 (Intensive animal industry) Intensive animal industry, being premises upon which are situated piggeries or cattle feedlots and the like, where more than 5000 animals are confined for the purposes of agricultural production. Premises discharging or depositing waste solely to land are exempt from licensing under section 20(1) of the Act. No *(Note—these premises require works approvals or licences) †(Note that a general exemption may also apply under regulations 9 to 12) Authorised by the Chief Parliamentary Counsel Schedule 1—Scheduled Premises Table Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 18 Column 1 Type Number and Summary Description Column 2 Description of Scheduled Premises* Column 3 Does a category specific exemption from works approval under section 19A or licensing under section 20(1) apply?† Column 4 Is a Financial Assurance Required? B02 (Livestock saleyards) Livestock saleyards or holding pens which are designed to have a throughput of at least 10 000 animal units per year. Premises discharging or depositing waste solely to land are exempt from licensing under section 20(1) of the Act. No B03 (Fish farms) Fish farms or other facilities for the cultivation of edible aquatic organisms with a design water flow rate of 0⋅2 or more megalitres per day. Premises discharging or depositing waste solely to land are exempt from licensing under section 20(1) of the Act. No C: Mining C01 (Extractive industry and mining) Extractive industry including mining and quarrying but excluding eductor dredging. Premises, with solely land discharges or deposits, used only for the discharge or deposit of mining wastes and that are in accordance with the Extractive Industries Development Act 1995 or the No *(Note—these premises require works approvals or licences) †(Note that a general exemption may also apply under regulations 9 to 12) Authorised by the Chief Parliamentary Counsel Schedule 1—Scheduled Premises Table Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 19 Column 1 Type Number and Summary Description Column 2 Description of Scheduled Premises* Column 3 Does a category specific exemption from works approval under section 19A or licensing under section 20(1) apply?† Column 4 Is a Financial Assurance Required? Mineral Resources (Sustainable Development) Act 1990 are exempt from works approval under section 19A and licensing under section 20(1) of the Act. D: Animal derived by products and food D01 (Abattoirs) Abattoirs, knackeries or poultry processing works which are designed to have a throughput of more than 200 tonnes per year. Premises discharging less than 100 000 litres per day of treated wastewater solely to land in accordance with specifications acceptable to the Authority are exempt from licensing under section 20(1) of the Act. No *(Note—these premises require works approvals or licences) †(Note that a general exemption may also apply under regulations 9 to 12) Authorised by the Chief Parliamentary Counsel Schedule 1—Scheduled Premises Table Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 20 Column 1 Type Number and Summary Description Column 2 Description of Scheduled Premises* Column 3 Does a category specific exemption from works approval under section 19A or licensing under section 20(1) apply?† Column 4 Is a Financial Assurance Required? D02 (Rendering) Rendering works, being works for the manufacture or extraction of non-edible substances derived from animals. No No D03 (Animal skin tanning) Animal skin tanning, or re-tanning works. No No D04 (Seafood processing) Seafood processing works with a processing capacity of more than 200 tonnes per year of seafood. These premises are exempt from licensing. No D05 (Pet food processing) Pet food processing or pet food manufacturing works, which are designed to produce at least 200 tonnes per year of pet food. No No D06 (Food processing) Food processing works, being works in which food is preserved, canned, bottled, or dried by means of fuel fired plant, and which are designed to produce at least 200 tonnes per year of food. No No *(Note—these premises require works approvals or licences) †(Note that a general exemption may also apply under regulations 9 to 12) Authorised by the Chief Parliamentary Counsel Schedule 1—Scheduled Premises Table Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 21 Column 1 Type Number and Summary Description Column 2 Description of Scheduled Premises* Column 3 Does a category specific exemption from works approval under section 19A or licensing under section 20(1) apply?† Column 4 Is a Financial Assurance Required? D07 (Milk processing) Milk processing or dairy product manufacturing works, which are designed to produce at least 200 tonnes per year of product(s). No No D08 (Edible oil) Edible oil or fat processing works, where seed crushing, solvent extraction or edible oil or fat deodorising takes place, which are designed to produce at least 2000 tonnes per year of product(s). No No D09 (Beverage manufactur ing) Beverage manufacturing or processing works; except wineries processing less than 300 tonnes per year of grapes and retaining all wastes on site. Premises discharging or depositing waste solely to land are exempt from licensing under section 20(1) of the Act. No *(Note—these premises require works approvals or licences) †(Note that a general exemption may also apply under regulations 9 to 12) Authorised by the Chief Parliamentary Counsel Schedule 1—Scheduled Premises Table Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 22 Column 1 Type Number and Summary Description Column 2 Description of Scheduled Premises* Column 3 Does a category specific exemption from works approval under section 19A or licensing under section 20(1) apply?† Column 4 Is a Financial Assurance Required? E: Textiles E01 (Textiles) Textile manufacturing and processing works including carpet manufacturing, wool scouring, textile bleaching, textile dyeing and textile finishing works. Premises are exempt from licensing under section 20(1) of the Act for discharges or emissions to the atmosphere, except those premises engaging in textile finishing using chemical treatment. No F: Wood and wood derivatives F01 (Timber preservation) Timber preserving works. These premises are exempt from licensing under section 20(1) of the Act. No F02 (Fibreboard) Fibreboard, particle board, or plywood works, being works in which wood, wood products or other cellulose materials are No No *(Note—these premises require works approvals or licences) †(Note that a general exemption may also apply under regulations 9 to 12) Authorised by the Chief Parliamentary Counsel Schedule 1—Scheduled Premises Table Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 23 Column 1 Type Number and Summary Description Column 2 Description of Scheduled Premises* Column 3 Does a category specific exemption from works approval under section 19A or licensing under section 20(1) apply?† Column 4 Is a Financial Assurance Required? processed to form fibreboard, particle board or plywood. F03 (Paper pulp mills) Paper pulp mills, being works in which wood, wood products, waste paper or other cellulose materials are processed to form pulp, paper or cardboard. Premises producing less than 30 000 tonnes per year of pulp, paper or cardboard are exempt from licensing under section 20(1) of the Act. No G: Chemicals including petroleum G01 (Chemical works) Chemical works (i) where products are manufactured by any chemical process, and which are designed to produce at least 2000 tonnes per year of chemical products; or No No *(Note—these premises require works approvals or licences) †(Note that a general exemption may also apply under regulations 9 to 12) Authorised by the Chief Parliamentary Counsel Schedule 1—Scheduled Premises Table Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 24 Column 1 Type Number and Summary Description Column 2 Description of Scheduled Premises* Column 3 Does a category specific exemption from works approval under section 19A or licensing under section 20(1) apply?† Column 4 Is a Financial Assurance Required? (ii) where acrylic compounds, herbicides, insecticides or pesticides are manufactured by any chemical process. G02 (Coal Processing) Coal processing works, being works in which coal is converted to gaseous, liquid or solid products. No No G03 (Oil and gas refining) Oil or gas refinery works, being works in which crude oil or gas is refined or hydrocarbon fractions are produced. No No G04 (Bulk Storage) Bulk storage facilities which have a total design capacity of more than 1⋅0 megalitres (in tanks exceeding 10 000 litres capacity) and which store compounds of carbon (including petroleum products or oil) which No Yes *(Note—these premises require works approvals or licences) †(Note that a general exemption may also apply under regulations 9 to 12) Authorised by the Chief Parliamentary Counsel Schedule 1—Scheduled Premises Table Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 25 Column 1 Type Number and Summary Description Column 2 Description of Scheduled Premises* Column 3 Does a category specific exemption from works approval under section 19A or licensing under section 20(1) apply?† Column 4 Is a Financial Assurance Required? (i) contain at least one carbon to carbon bond, as well as derivatives of methane; and (ii) are liquid at Standard Temperature and Pressure; or (iii) contain any substance classified as a class 3 indicator in State (environment protection policy (Air Quality Management). G05 (Container Washing) Premises receiving bulk transport containers for the purpose of internal washing or cleansing where the containers have contained (i) prescribed industrial waste; or No Yes *(Note—these premises require works approvals or licences) †(Note that a general exemption may also apply under regulations 9 to 12) Authorised by the Chief Parliamentary Counsel Schedule 1—Scheduled Premises Table Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 26 Column 1 Type Number and Summary Description Column 2 Description of Scheduled Premises* Column 3 Does a category specific exemption from works approval under section 19A or licensing under section 20(1) apply?† Column 4 Is a Financial Assurance Required? (ii) any material that is classified as dangerous goods under the Road Transport (Dangerous Goods) Act 1995. H: Non metallic minerals H01 (Cement) Cement works in which (i) clays or limestone materials are used in either a furnace or a kiln in the production of cement clinker; or (ii) cement clinker or clays or limestone or like materials are ground. No No *(Note—these premises require works approvals or licences) †(Note that a general exemption may also apply under regulations 9 to 12) Authorised by the Chief Parliamentary Counsel Schedule 1—Scheduled Premises Table Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 27 Column 1 Type Number and Summary Description Column 2 Description of Scheduled Premises* Column 3 Does a category specific exemption from works approval under section 19A or licensing under section 20(1) apply?† Column 4 Is a Financial Assurance Required? H02 [Bitumen (asphalt) batching] Bitumen or asphalt batching works which are designed to have a throughput of at least 100 tonnes per week. These premises are exempt from licensing under section 20(1) of the Act. No H03 (Ceramics) Ceramic works, being works in which bricks, tiles, pipes, pottery goods or refractories are processed in dryers or kilns, which are designed to produce at least 10 000 tonnes per year of ceramic product(s). No No H04 (Mineral wool) Mineral wool or ceramic fibre works. No No H05 (Glass works) Glass works, being works manufacturing glass by the melting of raw materials. No No I: Metals and engineering I01 (Primary metallurgical) Primary metallurgical works, being works in which ores or ore concentrates are processed or smelted to produce metal. No No *(Note—these premises require works approvals or licences) †(Note that a general exemption may also apply under regulations 9 to 12) Authorised by the Chief Parliamentary Counsel Schedule 1—Scheduled Premises Table Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 28 Column 1 Type Number and Summary Description Column 2 Description of Scheduled Premises* Column 3 Does a category specific exemption from works approval under section 19A or licensing under section 20(1) apply?† Column 4 Is a Financial Assurance Required? I02 (Metal melting) Metal melting works, being works in which any metal melting is performed in furnaces, having a total design rate of at least 10 tonnes per hour for ferrous foundries, or 2 tonnes per hour for non-ferrous foundries. No No I03 (Metal galvanising) Metal galvanising works which are designed to have a throughput of at least 5000 tonnes per year of steel. No No I04 (Metal finishing) Metal finishing works, including electroplating of metal or plastic, anodising, electroforming or printed circuit board manufacturing. These premises are exempt from licensing under section 20(1) of the Act for discharges or emissions to the atmosphere. No *(Note—these premises require works approvals or licences) †(Note that a general exemption may also apply under regulations 9 to 12) Authorised by the Chief Parliamentary Counsel Schedule 1—Scheduled Premises Table Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 29 Column 1 Type Number and Summary Description Column 2 Description of Scheduled Premises* Column 3 Does a category specific exemption from works approval under section 19A or licensing under section 20(1) apply?† Column 4 Is a Financial Assurance Required? I05 (Can and drum coating) Can and drum coating works, in which surface coating is applied to metal before or after the metal is formed into cans, closures, coils or drums. Premises which discharge or emit to the atmosphere less than 100 kilograms per day of volatile organic compounds are exempt from licensing under section 20(1) of the Act. No I06 (Vehicle assembly) Vehicle assembly or sub-assembly works which are designed to produce at least 2000 units per year. No No J: Printing J01 (Printing) Printing works emitting more than 100 kilograms per day of volatile organic compounds. *(Note—these premises require works approvals or licences) †(Note that a general exemption may also apply under regulations 9 to 12) Authorised by the Chief Parliamentary Counsel Schedule 1—Scheduled Premises Table Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 30 Column 1 Type Number and Summary Description Column 2 Description of Scheduled Premises* Column 3 Does a category specific exemption from works approval under section 19A or licensing under section 20(1) apply?† Column 4 Is a Financial Assurance Required? K: Utilities K01 (Power stations) Premises which generate electrical power from the consumption of a fuel at a rated capacity of at least 5 megawatts of electrical power. Premises using solely natural gas turbines and which have a total rated capacity of less than 20 megawatts are exempt from licensing under section 20(1) of the Act. No K02 (Carbon geosequestrat ion) Premises which capture, separate, process or store waste carbon dioxide for the purpose of geological disposal. Premises used only for greenhouse gas sequestration operations, as defined by the Greenhouse Gas Geological Sequestration Act 2008, and carried out in accordance with that Act, are exempt from works approval under section 19A and No *(Note—these premises require works approvals or licences) †(Note that a general exemption may also apply under regulations 9 to 12) Authorised by the Chief Parliamentary Counsel Schedule 1—Scheduled Premises Table Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 31 Column 1 Type Number and Summary Description Column 2 Description of Scheduled Premises* Column 3 Does a category specific exemption from works approval under section 19A or licensing under section 20(1) apply?† Column 4 Is a Financial Assurance Required? licensing under section 20(1) of the Act. K03 (Potable water treatment plants) Potable water treatment plants which are designed to have a throughput of more than 1 megalitre per day. These premises are exempt from licensing under section 20(1) of the Act. No K04 (Water desalination plants) Premises at which salt is removed from water for potable or other uses that have a design capacity to process more than 1 megalitre per day of feed water. No No L: Other L01 (General emissions to air) Premises which discharge or emit, or from which it is proposed to discharge or emit, to the atmosphere any of the following— (i) at least 100 kilograms per day of— No No *(Note—these premises require works approvals or licences) †(Note that a general exemption may also apply under regulations 9 to 12) Authorised by the Chief Parliamentary Counsel Schedule 1—Scheduled Premises Table Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 32 Column 1 Type Number and Summary Description Column 2 Description of Scheduled Premises* Column 3 Does a category specific exemption from works approval under section 19A or licensing under section 20(1) apply?† Column 4 Is a Financial Assurance Required? • volatile organic compounds; or • particles; or • sulphur oxides; or • nitrogen oxides; or • other acid gases (excluding carbon dioxide); or (ii) at least 500 kilograms per day of carbon monoxide; or (iii) any quantity from any industrial plant or fuel burning equipment of any substance classified as a class 3 indicator in State *(Note—these premises require works approvals or licences) †(Note that a general exemption may also apply under regulations 9 to 12) Authorised by the Chief Parliamentary Counsel Schedule 1—Scheduled Premises Table Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 33 Column 1 Type Number and Summary Description Column 2 Description of Scheduled Premises* Column 3 Does a category specific exemption from works approval under section 19A or licensing under section 20(1) apply?† Column 4 Is a Financial Assurance Required? environment protection policy (Air Quality Management). L02 (Contaminated sites—onsite soil containment) On-site retention of contaminated soil on premises that are designed to or have a capacity to hold at least 1000m³ in an engineered facility. These premises are exempt from licensing under section 20(1) of the Act. Yes L03 (Tunnel Ventilation Systems) Road tunnel ventilation systems. No No L04 (Contaminated sites—long term management) Premises on which there is soil or groundwater contamination in respect of which a notice has been issued under the Act requiring long term management. These premises are exempt from works approval under section 19A of the Act and licensing under section 20(1) of the Act. Yes *(Note—these premises require works approvals or licences) †(Note that a general exemption may also apply under regulations 9 to 12) Authorised by the Chief Parliamentary Counsel Schedule 2—Amendment of Environment Protection (Fees) Regulations 2001 Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 34 Schedule 2—Amendment of Environment Protection (Fees) Regulations 2001 Reg. 18 In the Table in Schedule 2 to the Environment Protection (Fees) Regulations 2001— (a) in the item commencing "Premises on or from which sewage" for "effluent is" substitute "effluent or industrial wastewater effluent is treated,"; (b) after the item commencing "Land disposal facilities for the disposal of nightsoil" and ending "sewage treatment plant sludge" insert— "Premises with aerobic or anaerobic composting which are designed to or have a capacity to process more than 100 tonnes of waste per month 206 Premises which recover energy from waste at a rated capacity of at least 1 megawatt with an installed capacity of— less than 15 megawatts 15 megawatts or more but less than 100 megawatts 100 megawatts or more but less than 200 megawatts 200 megawatts or more 103 643·75 1287·5 2575"; (c) in the item commencing "Animal skin tanning" for ", curing and finishing" substitute "or re-tanning"; (d) in the item commencing "Edible oil or fat processing works" after "either" insert "seed crushing,"; (e) in the item commencing "Fibreboard, chip board, or particle board works," for "chip board" (wherever occurring) substitute "plywood"; (f) in the item commencing "Bulk storage facilities" after "Pressure" insert "or contain any substance classified as a class 3 indicator in State environment protection policy (Air Quality Management)"; Authorised by the Chief Parliamentary Counsel Schedule 2—Amendment of Environment Protection (Fees) Regulations 2001 Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 35 (g) after the item commencing "Bulk storage facilities" and ending "10 megalitres or more" insert— "Premises receiving bulk transport containers for the purpose of internal washing or cleansing where the containers have contained— prescribed industrial waste; or any material that is a dangerous good as classified under the Road Transport (Dangerous Goods) Act 1995 51·5"; (h) in the item commencing "Printing works"— (i) for "using" substitute "emitting"; (ii) for "organic compounds that have a boiling range between 50 degrees Celsius and 260 degrees Celsius" substitute "volatile organic compounds"; (i) after the item commencing "Power stations" and ending "200 megawatts or more" insert— "Premises which capture, separate, process or store waste carbon dioxide for the purposes of geological disposal Premises at which salt is removed from water for potable or other uses that have a design capacity to process— 1–10 megalitres per day 10–50 megalitres per day 50 megalitres or more per day 1287·5 309 643⋅75 1287⋅5"; (j) in the item commencing "Premises which discharge or emit"— (i) for "total organic compounds" substitute "volatile organic compounds"; (ii) for "particulate matter" substitute "particles"; (iii) for— "asbestos; benzene; mercury; Authorised by the Chief Parliamentary Counsel Schedule 2—Amendment of Environment Protection (Fees) Regulations 2001 Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 36 vinyl chloride monomer; toluene-2, 4 di-isocyanate (TDI); or diphenylmethane di-isocyanate (MDI)" substitute— "any substance classified as a class 3 indicator in State environment protection policy (Air Quality Management)"; (k) after the last item insert— "Road tunnel ventilation systems 1287·5". Authorised by the Chief Parliamentary Counsel Schedule 3—EPU Values Table Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 37 Schedule 3—EPU Values Table Reg. 5 Column 1 Type of tyre Column 2 EPU value Motorcycle 0·5 Passenger car 1 Light truck 2 Truck 5 Super single 10 Solid small (diameter ≤ 0·3m high) 3 Solid medium (diameter > 0·3m ≤ 0·45m) 5 Solid large (diameter > 0·45m ≤ 0·6m) 7 Solid extra large (diameter > 0·6m) 9 Tractor small (diameter ≤ 1m high) 15 Tractor large (diameter > 1m ≤ to 2m) 25 Forklift small (diameter ≤ 0·3m high) 2 Forklift medium (diameter > 0·3m ≤ 0·45m) 4 Forklift large (diameter > 0·45m ≤ 0·6m) 6 Grader 15 Earthmover small (diameter ≤ 1m high) 20 Earthmover medium (diameter > 1m ≤1·5m) 50 Earthmover large (diameter >1·5m ≤ 2m) 100 Earthmover extra large (diameter > 2m ≤ 3·0m) 200 Earthmover giant (diameter > 3m ≤ 4m) 400 Bobcat 2 ═══════════════ Sch. 3 inserted by S.R. No. 25/2015 reg. 7. Authorised by the Chief Parliamentary Counsel Endnotes Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 38 Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. The Environment Protection (Scheduled Premises and Exemptions) Regulations 2007, S.R. No. 77/2007 were made on 26 June 2007 by the Governor in Council on the recommendation of the Authority under section 71 of the Environment Protection Act 1970, No. 8056/1970 and came into operation on 1 July 2007: regulation 3. The Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 will sunset 10 years after the day of making on 26 June 2017 (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). http://www.legislation.vic.gov.au/ Authorised by the Chief Parliamentary Counsel Endnotes Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 39 • 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). Authorised by the Chief Parliamentary Counsel Endnotes Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 40 2 Table of Amendments This publication incorporates amendments made to the Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 by statutory rules, subordinate instruments and Acts. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Environment Protection (Scheduled Premises and Exemptions) Amendment Regulations 2009, S.R. No. 152/2009 Date of Making: 1.12.09 Date of Commencement: 1.12.09: reg. 3 Environment Protection (Scheduled Premises and Exemptions), (Industrial Waste Resource) and (Fees) Amendment Regulations 2015, S.R. No. 25/2015 Date of Making: 14.4.15 Date of Commencement: Regs 4–7 on 29.4.15: reg. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Authorised by the Chief Parliamentary Counsel Endnotes Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 41 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. Authorised by the Chief Parliamentary Counsel Endnotes Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 42 4 Explanatory details 1 Reg. 4: S.R. No. 66/1996 as extended by S.R. No. 56/2006. 2 Reg. 17: S.R. No. 119/2001. Reprint No. 1 as at 14 April 2005. Reprinted to S.R. No. 88/2004. —— Table of Applied, Adopted or Incorporated Matter Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 5, definition of particles State environment protection policy (Air Quality Management) published in the Victoria Government Gazette S 240 on 21 December 2001 and as in force from time to time. Part IV Regulation 10(1)(a)(vi) State environment protection policy (Air Quality Management) published in the Victoria Government Gazette S 240 on 21 December 2001 and as in force from time to time. Part IV Schedule 1—Table (Premises types) —G04 (Bulk Storage) —L01 (General emissions to air) State environment protection policy (Air Quality Management) published in the Victoria Government Gazette S 240 on 21 December 2001 and as in force from time to time. Part IV Authorised by the Chief Parliamentary Counsel Endnotes Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 S.R. No. 77/2007 43 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Schedule 2 (amending Schedule 2 to the Environment Protection (Fees) Regulations 2001). State environment protection policy (Air Quality Management) published in the Victoria Government Gazette S 240 on 21 December 2001 and as in force from time to time. Part IV