Environment Protection (Scheduled Premises and Exemptions) Regulations 2007
Environment Protection (Scheduled Premises and
Exemptions) Regulations 2007
S.R. No. 77/2007
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1 Objectives 1
2 Authorising provision 2
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
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Regulation Page
PART 7—TEMPORARY EXEMPTION 12
16 Transitional provision relating to new scheduled premises 12
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
═══════════════
ENDNOTES 37
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STATUTORY RULES 2007
S.R. No. 77/2007
Environment Protection Act 1970
Environment Protection (Scheduled Premises and
Exemptions) Regulations 2007
The Governor in Council on the recommendation of the
Authority makes the following Regulations:
Dated: 26 June 2007
Responsible Minister:
JOHN THWAITES
Minister for Water, Environment and Climate Change
RUTH LEACH
Clerk of the Executive Council
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;
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Part 1—Preliminary
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r. 2
(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.
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 (Prescribed
Waste) Regulations 19982;
particles means any particles referred to in the
State environment protection policy (Air
Quality Management) including indicators—
(a) Particles as PM2·5;
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(b) Particles as PM10;
(c) Total Suspended Particles;
(d) T.S.P. (nuisance dust);
prescribed industrial waste has the same meaning
as it has in the Environment Protection
(Prescribed Waste) Regulations 19982;
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.
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Part 2—Scheduled Premises
Environment Protection (Scheduled Premises and Exemptions) Regulations
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r. 6
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.
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Part 3—General Exemptions
Environment Protection (Scheduled Premises and Exemptions) Regulations
2007
S.R. No. 77/2007
r. 8
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—
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Part 3—General Exemptions
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r. 10
(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;
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Part 3—General Exemptions
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(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;
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Part 3—General Exemptions
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(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.
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Part 4—Landfill Levy
Environment Protection (Scheduled Premises and Exemptions) Regulations
2007
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r. 13
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.
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Part 5—Financial Assurances
Environment Protection (Scheduled Premises and Exemptions) Regulations
2007
S.R. No. 77/2007
r. 14
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.
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Part 6—Environment Protection Levy
Environment Protection (Scheduled Premises and Exemptions) Regulations
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r. 15
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.
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Part 7—Temporary Exemption
Environment Protection (Scheduled Premises and Exemptions) Regulations
2007
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r. 16
PART 7—TEMPORARY EXEMPTION
16 Transitional provision relating to new scheduled
premises
(1) Subject to subregulation (2), an occupier of a
premises that was not a scheduled premises before
the commencement of these Regulations, and is
prescribed to be a scheduled premises on and from
the commencement of these Regulations, is
exempted from being licensed under the Act until
31 December 2007.
(2) An occupier of premises who is exempted under
subregulation (1) may, before 1 January 2008,
apply for a licence under the Act and is entitled to
continue to undertake the process or activity at
those premises until—
(a) the Authority issues a licence to that
occupier; or
(b) the Authority refuses to issue a licence to
that occupier.
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Part 8—Environment Protection (Fees) Regulations 2001
Environment Protection (Scheduled Premises and Exemptions) Regulations
2007
S.R. No. 77/2007
r. 17
PART 8—ENVIRONMENT PROTECTION (FEES)
REGULATIONS 2001
17 Revocation of regulation 10
Regulation 10 of the Environment Protection
(Fees) Regulations 20013 is revoked.
18 Amendment of Schedule 2
The Environment Protection (Fees) Regulations
2001 are amended as set out in Schedule 2.
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Environment Protection (Scheduled Premises and Exemptions) Regulations
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S.R. No. 77/2007
Sch. 1
SCHEDULES
SCHEDULE 1
Regs 6, 7, 8(b), 9(3), 13, 14
SCHEDULED PREMISES TABLE
Column 4 Column 3 Column 2 Column 1
Is a
Financial
Assurance
Required?
Does a category
specific
exemption from
works approval
under
section 19A or
licensing under
section 20(1)
apply?†
Description of
Scheduled Premises*
Type Number
and Summary
Description
A: Waste
treatment,
disposal and
recycling
No Yes Storage, treatment,
reprocessing,
containment or disposal
facilities handling any
prescribed industrial
waste not generated at
the premises.
A01
(PIW
management)
No No Waste treatment works
engaged in the
immobilisation, thermal
degradation,
incineration or other
treatment of waste.
A02
(Other waste
treatment)
*(Note—these premises require works approvals or licences)
†(Note that a general exemption may also apply under regulations 9 to 12)
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Sch. 1
Column 4 Column 3 Column 2 Column 1
Is a
Financial
Assurance
Required?
Does a category
specific
exemption from
works approval
under
section 19A or
licensing under
section 20(1)
apply?†
Description of
Scheduled Premises*
Type Number
and Summary
Description
No 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.
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.
A03
(Sewage
treatment)
No No 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.
A04
(Industrial
wastewater
treatment)
*(Note—these premises require works approvals or licences)
†(Note that a general exemption may also apply under regulations 9 to 12)
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Sch.1
Column 4 Column 3 Column 2 Column 1
Is a
Financial
Assurance
Required?
Does a category
specific
exemption from
works approval
under
section 19A or
licensing under
section 20(1)
apply?†
Description of
Scheduled Premises*
Type Number
and Summary
Description
Yes 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.
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
5000 people are
exempt from
licensing under
section 20(1) of
the Act.
No No Land disposal facilities
for the disposal of
nightsoil, septic tank
sludge or sewage
treatment plant sludge.
A06
(Land
disposal)
*(Note—these premises require works approvals or licences)
†(Note that a general exemption may also apply under regulations 9 to 12)
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Environment Protection (Scheduled Premises and Exemptions) Regulations
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Sch. 1
Column 4 Column 3 Column 2 Column 1
Is a
Financial
Assurance
Required?
Does a category
specific
exemption from
works approval
under
section 19A or
licensing under
section 20(1)
apply?†
Description of
Scheduled Premises*
Type Number
and Summary
Description
No No 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.
Premises which recover
energy from waste at a
rated capacity of at
least 1 megawatt.
No No A08
(Waste to
energy)
B: Primary
industry and
allied
operations
No Premises
discharging or
depositing waste
solely to land are
exempt from
licensing under
section 20(1) of
the Act.
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.
*(Note—these premises require works approvals or licences)
†(Note that a general exemption may also apply under regulations 9 to 12)
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Sch. 1
Column 4 Column 3 Column 2 Column 1
Is a
Financial
Assurance
Required?
Does a category
specific
exemption from
works approval
under
section 19A or
licensing under
section 20(1)
apply?†
Description of
Scheduled Premises*
Type Number
and Summary
Description
No Premises
discharging or
depositing waste
solely to land are
exempt from
licensing under
section 20(1) of
the Act.
Livestock saleyards or
holding pens which are
designed to have a
throughput of at least
10 000 animal units per
year.
B02
(Livestock
saleyards)
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.
C: Mining
No 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
Extractive industry
including mining and
quarrying but excluding
eductor dredging.
C01
(Extractive
industry and
mining)
*(Note—these premises require works approvals or licences)
†(Note that a general exemption may also apply under regulations 9 to 12)
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Sch. 1
Column 4 Column 3 Column 2 Column 1
Is a
Financial
Assurance
Required?
Does a category
specific
exemption from
works approval
under
section 19A or
licensing under
section 20(1)
apply?†
Description of
Scheduled Premises*
Type Number
and Summary
Description
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
No 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.
D01
(Abattoirs)
Abattoirs, knackeries or
poultry processing
works which are
designed to have a
throughput of more
than 200 tonnes per
year.
*(Note—these premises require works approvals or licences)
†(Note that a general exemption may also apply under regulations 9 to 12)
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Sch. 1
Column 4 Column 3 Column 2 Column 1
Is a
Financial
Assurance
Required?
Does a category
specific
exemption from
works approval
under
section 19A or
licensing under
section 20(1)
apply?†
Description of
Scheduled Premises*
Type Number
and Summary
Description
No No D02
(Rendering)
Rendering works, being
works for the
manufacture or
extraction of non-edible
substances derived
from animals.
Animal skin tanning, or
re-tanning works.
D03
(Animal skin
tanning)
No No
These premises
are exempt from
licensing.
No D04
(Seafood
processing)
Seafood processing
works with a processing
capacity of more than
200 tonnes per year of
seafood.
No 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.
*(Note—these premises require works approvals or licences)
†(Note that a general exemption may also apply under regulations 9 to 12)
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Sch. 1
Column 4 Column 3 Column 2 Column 1
Is a
Financial
Assurance
Required?
Does a category
specific
exemption from
works approval
under
section 19A or
licensing under
section 20(1)
apply?†
Description of
Scheduled Premises*
Type Number
and Summary
Description
No No Milk processing or
dairy product
manufacturing works,
which are designed to
produce at least
200 tonnes per year of
product(s).
D07
(Milk
processing)
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
200 tonnes per year of
product(s).
No Premises
discharging or
depositing waste
solely to land are
exempt from
licensing under
section 20(1) of
the Act.
Beverage
manufacturing or
processing works;
except wineries
processing less than
300 tonnes per year of
grapes and retaining all
wastes on site.
D09
(Beverage
manufactur-
ing)
*(Note—these premises require works approvals or licences)
†(Note that a general exemption may also apply under regulations 9 to 12)
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Sch. 1
Column 4 Column 3 Column 2 Column 1
Is a
Financial
Assurance
Required?
Does a category
specific
exemption from
works approval
under
section 19A or
licensing under
section 20(1)
apply?†
Description of
Scheduled Premises*
Type Number
and Summary
Description
E: Textiles
No 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.
E01
(Textiles)
Textile manufacturing
and processing works
including carpet
manufacturing, wool
scouring, textile
bleaching, textile
dyeing and textile
finishing works.
F: Wood and
wood
derivatives
No Timber preserving
works.
These premises
are exempt from
licensing under
section 20(1) of
the Act.
F01
(Timber
preservation)
No No F02
(Fibreboard)
Fibreboard, particle
board, or plywood
works, being works in
which wood, wood
products or other
cellulose materials are
*(Note—these premises require works approvals or licences)
†(Note that a general exemption may also apply under regulations 9 to 12)
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Environment Protection (Scheduled Premises and Exemptions) Regulations
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Sch. 1
Column 4 Column 3 Column 2 Column 1
Is a
Financial
Assurance
Required?
Does a category
specific
exemption from
works approval
under
section 19A or
licensing under
section 20(1)
apply?†
Description of
Scheduled Premises*
Type Number
and Summary
Description
processed to form
fibreboard, particle
board or plywood.
No 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.
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.
G: Chemicals
including
petroleum
No No 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
*(Note—these premises require works approvals or licences)
†(Note that a general exemption may also apply under regulations 9 to 12)
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Sch. 1
Column 4 Column 3 Column 2 Column 1
Is a
Financial
Assurance
Required?
Does a category
specific
exemption from
works approval
under
section 19A or
licensing under
section 20(1)
apply?†
Description of
Scheduled Premises*
Type Number
and Summary
Description
(ii) where acrylic
compounds,
herbicides,
insecticides or
pesticides are
manufactured
by any chemical
process.
No No G02
(Coal
Processing)
Coal processing works,
being works in which
coal is converted to
gaseous, liquid or solid
products.
No No Oil or gas refinery
works, being works in
which crude oil or gas
is refined or
hydrocarbon fractions
are produced.
G03
(Oil and gas
refining)
No Yes 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⎯
*(Note—these premises require works approvals or licences)
†(Note that a general exemption may also apply under regulations 9 to 12)
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Sch. 1
Column 4 Column 3 Column 2 Column 1
Is a
Financial
Assurance
Required?
Does a category
specific
exemption from
works approval
under
section 19A or
licensing under
section 20(1)
apply?†
Description of
Scheduled Premises*
Type Number
and Summary
Description
(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).
No Yes 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
*(Note—these premises require works approvals or licences)
†(Note that a general exemption may also apply under regulations 9 to 12)
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Sch. 1
Column 4 Column 3 Column 2 Column 1
Is a
Financial
Assurance
Required?
Does a category
specific
exemption from
works approval
under
section 19A or
licensing under
section 20(1)
apply?†
Description of
Scheduled Premises*
Type Number
and Summary
Description
(ii) any material
that is classified
as dangerous
goods under the
Road
Transport
(Dangerous
Goods) Act
1995.
H: Non-
metallic
minerals
No No 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.
*(Note—these premises require works approvals or licences)
†(Note that a general exemption may also apply under regulations 9 to 12)
26
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Sch. 1
Column 4 Column 3 Column 2 Column 1
Is a
Financial
Assurance
Required?
Does a category
specific
exemption from
works approval
under
section 19A or
licensing under
section 20(1)
apply?†
Description of
Scheduled Premises*
Type Number
and Summary
Description
No These premises
are exempt from
licensing under
section 20(1) of
the Act.
H02
[Bitumen
(asphalt)
batching]
Bitumen or asphalt
batching works which
are designed to have a
throughput of at least
100 tonnes per week.
No 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).
H04
(Mineral
wool)
Mineral wool or
ceramic fibre works.
No No
No No H05
(Glass works)
Glass works, being
works manufacturing
glass by the melting of
raw materials.
I: Metals and
engineering
No No Primary metallurgical
works, being works in
which ores or ore
concentrates are
processed or smelted to
produce metal.
I01
(Primary
metallurgical)
*(Note—these premises require works approvals or licences)
†(Note that a general exemption may also apply under regulations 9 to 12)
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2007
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Sch. 1
Column 4 Column 3 Column 2 Column 1
Is a
Financial
Assurance
Required?
Does a category
specific
exemption from
works approval
under
section 19A or
licensing under
section 20(1)
apply?†
Description of
Scheduled Premises*
Type Number
and Summary
Description
No No 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.
I02
(Metal
melting)
No No Metal galvanising
works which are
designed to have a
throughput of at least
5000 tonnes per year of
steel.
I03
(Metal
galvanising)
No These premises
are exempt from
licensing under
section 20(1) of
the Act for
discharges or
emissions to the
atmosphere.
Metal finishing works,
including electroplating
of metal or plastic,
anodising,
electroforming or
printed circuit board
manufacturing.
I04
(Metal
finishing)
*(Note—these premises require works approvals or licences)
†(Note that a general exemption may also apply under regulations 9 to 12)
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2007
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Sch. 1
Column 4 Column 3 Column 2 Column 1
Is a
Financial
Assurance
Required?
Does a category
specific
exemption from
works approval
under
section 19A or
licensing under
section 20(1)
apply?†
Description of
Scheduled Premises*
Type Number
and Summary
Description
No 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.
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.
I05
(Can and
drum coating)
No No Vehicle assembly or
sub-assembly works
which are designed to
produce at least
2000 units per year.
I06
(Vehicle
assembly)
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)
29
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2007
S.R. No. 77/2007
Sch. 1
Column 4 Column 3 Column 2 Column 1
Is a
Financial
Assurance
Required?
Does a category
specific
exemption from
works approval
under
section 19A or
licensing under
section 20(1)
apply?†
Description of
Scheduled Premises*
Type Number
and Summary
Description
K: Utilities
No 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.
Premises which
generate electrical
power from the
consumption of a fuel
at a rated capacity of at
least 5 megawatts of
electrical power.
K01
(Power
stations)
No No K02
(Carbon
geosequestrat-
ion)
Premises which
capture, separate,
process or store waste
carbon dioxide for the
purpose of geological
disposal.
No These premises
are exempt from
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.
*(Note—these premises require works approvals or licences)
†(Note that a general exemption may also apply under regulations 9 to 12)
30
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2007
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Sch. 1
Column 4 Column 3 Column 2 Column 1
Is a
Financial
Assurance
Required?
Does a category
specific
exemption from
works approval
under
section 19A or
licensing under
section 20(1)
apply?†
Description of
Scheduled Premises*
Type Number
and Summary
Description
No No 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.
K04
(Water
desalination
plants)
L: Other
No No 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—
• volatile
organic
compounds;
or
• particles; or
• sulphur
oxides; or
• nitrogen
oxides; or
*(Note—these premises require works approvals or licences)
†(Note that a general exemption may also apply under regulations 9 to 12)
31
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Environment Protection (Scheduled Premises and Exemptions) Regulations
2007
S.R. No. 77/2007
Sch. 1
Column 4 Column 3 Column 2 Column 1
Is a
Financial
Assurance
Required?
Does a category
specific
exemption from
works approval
under
section 19A or
licensing under
section 20(1)
apply?†
Description of
Scheduled Premises*
Type Number
and Summary
Description
• 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
environment
protection
policy (Air
Quality
Management).
Yes These premises
are exempt from
licensing under
section 20(1) of
the Act.
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.
L02
(Contaminated
sites—onsite
soil
containment)
*(Note—these premises require works approvals or licences)
†(Note that a general exemption may also apply under regulations 9 to 12)
32
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Environment Protection (Scheduled Premises and Exemptions) Regulations
2007
S.R. No. 77/2007
Sch. 1
Column 4 Column 3 Column 2 Column 1
Is a
Financial
Assurance
Required?
Does a category
specific
exemption from
works approval
under
section 19A or
licensing under
section 20(1)
apply?†
Description of
Scheduled Premises*
Type Number
and Summary
Description
Road tunnel ventilation
systems.
No No L03
(Tunnel
Ventilation
Systems)
Yes These premises
are exempt from
works approval
under section
19A of the Act
and licensing
under section
20(1) of the Act.
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.
L04
(Contaminated
sites—long
term
management)
*(Note—these premises require works approvals or licences)
†(Note that a general exemption may also apply under regulations 9 to 12)
__________________
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Environment Protection (Scheduled Premises and Exemptions) Regulations
2007
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Sch. 2
SCHEDULE 2
Reg. 18
AMENDMENT OF ENVIRONMENT PROTECTION (FEES)
REGULATIONS 2001
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—
206 "Premises with aerobic or anaerobic composting which
are designed to or have a capacity to process more than
100 tonnes of waste per month
Premises which recover energy from waste at a rated
capacity of at least 1 megawatt with an installed capacity
of—
103 less than 15 megawatts
643·75 15 megawatts or more but less than 100 megawatts
100 megawatts or more but less than 200 megawatts 1287·5
200 megawatts or more 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";
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S.R. No. 77/2007
Sch. 2
(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)";
(g) after the item commencing "Bulk storage facilities" and
ending "10 megalitres or more" insert—
51·5"; "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
(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—
1287·5
309
"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 643⋅75
50 megalitres or more per day 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";
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Environment Protection (Scheduled Premises and Exemptions) Regulations
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S.R. No. 77/2007
Sch. 2
(iii) for—
"asbestos;
benzene;
mercury;
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".
═══════════════
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Environment Protection (Scheduled Premises and Exemptions) Regulations
2007
S.R. No. 77/2007
Endnotes
ENDNOTES
1 Reg. 4: S.R. No. 66/1996, as extended by S.R. No. 56/2006.
2 Reg. 5: (definitions of contaminated soil and prescribed industrial waste:
S.R. No. 95/1998. Reprint No. 1 as at 1 October 2000. Reprinted to
S.R. No. 92/2000.
3 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 Required by the
Subordinate Legislation Regulations 2004
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
Part IV 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.
Regulation 5,
definition of
"particles"
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.
37
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2007
S.R. No. 77/2007
Statutory Rule
Provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Part IV 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.
Schedule 1—Table
(Premises types)
—G04
(Bulk Storage)
—L01
(General emissions
to air)
Part IV 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.
Schedule 2
(amending
Schedule 2 to the
Environment
Protection (Fees)
Regulations 2001.
38
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