Environment Protection (Fees) Regulations 2001
i
Environment Protection (Fees) Regulations 2001
S.R. No. 119/2001
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objective 1
2. Authorising provision 1
3. Commencement 1
4. Revocation 2
5. Definitions 2
6. Value of fee unit 2
PART 2—WORKS APPROVAL 3
7. Fee for works approval application 3
8. Fee for application to transfer works approval 4
PART 3—LICENCES 5
9. Fee for licence 5
10. Fee for licence to decant ozone-depleting substances 6
11. Fee for licence for premises licensed to receive waste 6
12. Fee for an application to amend a licence 6
13. Fee for an application to transfer a licence 7
14. Fee reduction for accredited licensee 7
15. Authority may enter into fee reduction agreement 7
PART 4—PERMITS 8
16. Fee for permit to transport prescribed waste 8
17. Fee for temporary permit to transport prescribed waste 8
18. Fee for application to transfer or amend a permit 8
19. Maximum fee for septic tank permits 8
PART 5—ENVIRONMENTAL AUDIT 9
20. Fee for environmental audits 9
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Regulation Page
ii
PART 6—SERVICES PROVIDED FOR THE PURPOSE OF
REGULATIONS 10
21. Fee for application for exemption from regulation 10
PART 7—TRANSITIONAL PROVISIONS 11
22. Transitional arrangements for existing licence holders 11
23. Transitional arrangements following classification of class 3
indicators 11
__________________
SCHEDULES 12
SCHEDULE 1—Regulations revoked 12
SCHEDULE 2—Base fee information 13
SCHEDULE 3—Component fee information 19
SCHEDULE 4—Additional information for fees for prescribed waste
transport permits 22
═══════════════
ENDNOTES 24
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1
STATUTORY RULES 2001
S.R. No. 119/2001
Environment Protection Act 1970
Environment Protection (Fees) Regulations 2001
The Governor in Council, on the recommendation of the
Environment Protection Authority, makes the following
Regulations:
Dated: 30 October 2001
Responsible Minister:
SHERRYL GARBUTT
Minister for Environment and Conservation
HELEN DOYE
Clerk of the Executive Council
PART 1—PRELIMINARY
1. Objective
The objective of these Regulations is to set the
fees that are payable under the Environment
Protection Act 1970.
2. Authorising provision
These Regulations are made under section 71 of
the Environment Protection Act 1970.
3. Commencement
These Regulations come into operation on
6 November 2001.
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4. Revocation
The Regulations set out in Schedule 1 are
revoked.
5. Definitions
In these Regulations—
"annual load" means the annual tonnes per year
that may be specified in a licence for the
purposes of calculating a fee in accordance
with these Regulations;
"class 1 indicator" means a class 1 indicator as
classified in State environment protection
policy (Air Quality Management) as in force
from time to time;
"class 2 indicator" means a class 2 indicator as
classified in State environment protection
policy (Air Quality Management) as in force
from time to time;
"class 3 indicator" means a class 3 indicator as
classified in State environment protection
policy (Air Quality Management) as in force
from time to time;
"the Act" means the Environment Protection
Act 1970.
6. Value of fee unit
For the purposes of the Act and these Regulations,
the monetary value of a fee unit is $10.00.
_______________
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PART 2—WORKS APPROVAL
7. Fee for works approval application
(1) In this regulation and in the Table—
"assessed by an environmental auditor" means
an environmental auditor has stated, in
writing, that a works approval application
contains adequate information of suitable
quality to assess whether the application
meets the Authority's requirements as set out
in guidelines published by the Authority
from time to time and that those
requirements would be complied with should
the works proceed;
"cost" means the amount needed to carry out the
works to which a works approval application
relates other than any amount needed to buy
land associated with the works and any
amount needed to construct or modify any
building which will not or does not
contribute substantially to the control of
pollution or to the production capacity of the
plant.
(2) The prescribed fee payable with respect to an
application under section 19B of the Act for a
works approval is the relevant fee set out in
column 2 of the Table.
(3) If a works approval application has been assessed
by an environmental auditor, the relevant fee set
out in column 2 of the Table must be reduced by
25%.
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TABLE
WORKS APPROVAL
Estimated cost by the Authority of the
proposed works
(Column 1)
Fee in Fee
Units
(Column 2)
Less than $10 000 60
$10 000 or greater, but less than $50 000 120
$50 000 or greater, but less than
$250 000
250
$250 000 or greater, but less than
$1 million
420
$1 million or greater, but less than
$5 million
700
$5 million or greater, but less than
$25 million
1400
$25 million or greater, but less than
$100 million
2100
$100 million or greater 4500
8. Fee for application to transfer works approval
The prescribed fee for an application to transfer a
works approval is 35 fee units.
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PART 3—LICENCES
9. Fee for licence
(1) Subject to any applicable limit set out in section
24 of the Act, the prescribed annual fee payable
with respect to a licence under section 20 of the
Act is the sum of—
(a) the highest of any applicable base fee
relating to an activity specified in the Table
in Schedule 2; and
(b) all applicable component fees specified in
Tables 1 and 2 in Schedule 3.
(2) The Authority may approve an emission
estimation technique for calculating an annual
load for the purpose of these Regulations.
(3) If an annual load is not specified in a licence, the
relevant licence fee under these Regulations must
be calculated—
(a) for discharges to the atmosphere, by
reference to the maximum amount of waste
discharged in grams per minute
concentration converted to tonnes per year;
(b) for discharges to water and land, by
reference to—
(i) the median amount of waste specified
in the licence that may be discharged,
or;
(ii) if a median amount is not specified, the
maximum amount of waste specified in
the licence—
in milligrams per litre multiplied by the
annual mean flow or annual stormwater
flow.
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10. Fee for licence to decant ozone-depleting substances
In addition to any applicable fees in regulation 9,
the annual fee for a licence to decant ozone-
depleting substances is 50 fee units.
11. Fee for licence for premises licensed to receive waste
(1) In addition to any applicable fees in regulation 9,
the annual fee for a licence for premises licensed
to receive solid inert waste and putrescible waste
is 0·02 fee units for each tonne of waste received
by the premises in a year.
(2) In addition to any applicable fees in regulation 9,
the annual fee for a licence for the storage,
treatment, reprocessing or disposal of any
prescribed industrial waste is 0·2 fee units for
each tonne of prescribed industrial waste received
by the premises in a year.
(3) Subject to sub-regulation (4), if prescribed
industrial waste at a premises under sub-
regulation (2) was processed in the preceding year
into material for re-use, the annual fee must be
reduced by an amount derived from the formula—
waste processed for re-use
Fee under sub-regulation (2) X waste handled at the
premises
(4) The annual fee calculated under sub-regulation (3)
must be at least 50% of the fee calculated under
sub-regulation (2), or 65 fee units, whichever is
the greater.
12. Fee for an application to amend a licence
(1) The fee payable for an application to amend a
licence is the lower of—
(a) 10% of the annual licence fee; or
(b) 85 fee units.
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(2) Despite sub-regulation (1), if the application
relates to works for which a works approval
application fee has been paid, no fee is payable.
13. Fee for an application to transfer a licence
The fee payable for an application to transfer a
licence is the lower of—
(a) 10% of the annual licence fee; or
(b) 35 fee units.
14. Fee reduction for accredited licensee
An accredited licensee under the Act is entitled to
a 25% reduction of the annual licence fee
otherwise payable under these Regulations.
15. Authority may enter into fee reduction agreement
(1) If the Authority classifies a class 3 indicator,
where it was not previously classified as such, a
licensee may apply to the Authority to enter into a
fee reduction agreement.
(2) A fee reduction agreement may impose
conditions.
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PART 4—PERMITS
16. Fee for permit to transport prescribed waste
Subject to the limit set out in section 53G(3) of
the Act, for the purposes of section 53G of the
Act, the annual fee payable for a permit to
transport prescribed waste is the sum of all
applicable vehicle fees as set out in Schedule 4.
17. Fee for temporary permit to transport prescribed
waste
The fee payable for a permit to transport
prescribed waste for a period not exceeding one
month is the higher of—
(a) 25% of the fee payable under regulation 16;
or
(b) 10 fee units.
18. Fee for application to transfer or amend a permit
Subject to the limit set out in section 53G(2) of
the Act, the fee payable for an application to
transfer or amend a permit to transport prescribed
waste is the higher of—
(a) 10% of the fee payable under regulation 16;
or
(b) 5 fee units.
19. Maximum fee for septic tank permits
For the purposes of section 53M(2)(b) of the Act,
a maximum fee of 45 fee units is prescribed.
_______________
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PART 5—ENVIRONMENTAL AUDIT
20. Fee for environmental audits
For the purposes of section 53T(3) of the Act,
where the geographical area in respect of an
environmental audit for which a certificate of
environmental audit or statement of environmental
audit is issued is—
(a) less than 0·05 hectares, the prescribed fee is
35 fee units;
(b) 0·05 hectares or greater but less than
0·1 hectares, the prescribed fee is 75 fee
units;
(c) 0·1 hectares or greater but less than
1 hectare, the prescribed fee is 125 fee units;
(d) 1 hectare or greater but less than 5 hectares,
the prescribed fee is 200 fee units;
(e) 5 hectares or greater, the prescribed fee is
350 fee units.
_______________
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PART 6—SERVICES PROVIDED FOR THE PURPOSE OF
REGULATIONS
21. Fee for application for exemption from regulation
The prescribed fee for an application for an
exemption under the Environment Protection
(Prescribed Waste) Regulations 1998 1 is 30 fee
units.
_______________
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PART 7—TRANSITIONAL PROVISIONS
22. Transitional arrangements for existing licence
holders
Despite anything to the contrary in these
Regulations, if during the period commencing
6 November 2001 and ending 30 June 2002 an
existing licence holder becomes liable for an
annual fee for the licence, the amount of the
annual fee for the licence, must be calculated in
accordance with the Regulations listed in
Schedule 1, as in force immediately before the
commencement of these Regulations.
23. Transitional arrangements following classification of
class 3 indicators
Despite anything to the contrary in these
Regulations, if subsequent to the classification of
a new class 3 indicator by the Authority a licence
holder becomes liable to pay an increased fee for
the licence as a result of the new class 3 indicator,
the increased fee need not be paid until the
expiration of 2 years from the date of publication
in the Government Gazette of the State
environment protection policy that classifies the
new class 3 indicator.
__________________
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SCHEDULES
SCHEDULE 1
Regulation 4
REGULATIONS REVOKED
S.R. No. Title
228/1991 Environment Protection (Fees) Regulations 1991
239/1992 Environment Protection (Fees) (Amendment) Regulations
1992
307/1992 Environment Protection (Fees) (Further Amendment)
Regulations 1992
206/1993 Environment Protection (Fees) (Amendment) Regulations
1993
172/1994 Environment Protection (Fees) (Amendment) Regulations
1994
—————————
Sch. 1
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SCHEDULE 2
Regulation 9
BASE FEE INFORMATION
For the purposes of regulation 9 and the Table—
"animal unit" means 1 head of cattle or 5 pigs or 5 of any
other kind of mammal.
TABLE
Activity Fee in Fee Units
Waste treatment works engaged in the treatment of
waste
50
Premises on or from which sewage (including
sullage) effluent is discharged or deposited,
exceeding a design flow rate of—
up to 5000 litres per day or more but less than
100 000 litres per day
0·1 megalitres per day or more but less than
5 megalitres per day
5 megalitres per day or more but less than
50 megalitres per day
50 megalitres per day or more
50 (or 25 where
disposal to land
only)
625 (or 312 where
disposal to land
only)
1250 (or 625 where
disposal to land
only)
2500 (or 1250
where disposal to
land only)
Land disposal facilities for the disposal of nightsoil,
septic tank sludge or sewage treatment plant sludge
25
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.
50
Livestock sale yards or holding pens which are
designed to have a throughput of at least 10 000
50
Sch. 2
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Activity Fee in Fee Units
animal units per year
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
50
Extractive industry including mining and quarrying 50
Abattoirs, knackeries or poultry processing works
which are designed to have a throughput of—
up to 5000 tonnes per year;
5000 tonnes or more per year
100
625
Rendering works, being works for the manufacture
or extraction of non-edible substances derived from
animals with a total product input capacity of—
less than 5 tonnes per hour;
5 tonnes per hour or more, but less than
10 tonnes per hour;
10 tonnes per hour or more, but less than
15 tonnes per hour;
more than 15 tonnes per hour
100
625
1250
2500
Animal skin tanning, curing and finishing works 625
Pet food processing or pet food manufacturing
works, which are designed to produce—
up to 1000 tonnes per year;
1000 tonnes or more per year
100
625
Food processing works, being a 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
50
Activity Fee in Fee Units
Milk processing or dairy product manufacturing
works, which are designed to produce at least
50
Sch. 2
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15
200 tonnes per year of product
Edible oil or fat processing works, where either
solvent extraction or edible oil or fat deodorising
takes place, which are designed to produce at least
200 tonnes per year of product
625
Beverage manufacturing or processing works 50
Textile manufacturing and processing works
including carpet manufacturing, wool scouring,
textile bleaching, textile dyeing and textile
finishing works
625
Fibreboard, chip board, or particle board works,
being a works in which wood, wood products or
other cellulose materials are processed to form
fibreboard, chip board or particle board
625
Pulp or paper mills being works in which wood,
wood products, waste paper or other cellulose
materials are processed to form pulp, paper or
cardboard
1250
Chemical works with a design production rate of—
less than 500 tonnes per annum;
500 tonnes per annum or more but less than 5000
tonnes;
5000 tonnes per annum or more but less than
20 000 tonnes;
20 000 tonnes per annum or more
300
625
1250
2500
Coal processing works in which coal is converted
to gaseous, liquid or solid products, with a design
production rate of—
500 tonnes per annum or more but less than 5000
tonnes;
5000 tonnes per annum or more
625
1250
Activity Fee in Fee Units
Oil or gas refinery works being works in which
crude oil or gas is refined or hydrocarbon fractions
are produced
1250
Sch. 2
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Bulk storage facilities which store compounds of
carbon (including petroleum products or oil) which
contain at least one carbon to carbon bond as well
as derivatives of methane and are liquid at Standard
Temperature and Pressure and which have a total
design capacity (in tanks exceeding 10 000 litres
capacity) of—
1 megalitre or more but less than 10 megalitres
10 megalitres or more
50
1250
Cement works in which—
clays or limestone materials are used in either a
furnace or a kiln in the production of cement
clinker; or
cement clinker or clays or limestone or like
materials are ground
1250
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
1250
Mineral wool or ceramic fibre works 1250
Glass works, being works manufacturing glass by
the melting of raw materials
1250
Primary metallurgical works, being works in which
ores or ore concentrates are processed or smelted to
produce metal, with a design production rate of—
500 tonnes per annum or more, but less than
5000 tonnes;
5000 tonnes per annum or more but less than
20 000 tonnes;
20 000 tonnes per annum or more
625
1250
2500
Activity Fee in Fee Units
Metal melting works being works in which 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 with a design production rate of
Sch. 2
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foundries, with a design production rate of—
1000 tonnes per annum or more, but less than
20 000 tonnes;
20 000 tonnes per annum or more but less than
100 000 tonnes;
100 000 tonnes per annum or more
625
1250
2500
Metal galvanising works which are designed to
have a throughput of at least 5000 tonnes per year
of steel
625
Metal finishing works including electroplating of
metal or plastic, anodising, electroforming or
printed circuit board manufacturing
625
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
625
Vehicle assembly or sub-assembly works, with a
design capacity of—
2000 units per annum or more but less than
5000 units;
5000 units per annum or more but less than
10 000 units;
10 000 units per annum or more
625
1250
2500
Printing works using more than 100 kilograms per
day of organic compounds that have a boiling range
between 50 degrees Celsius and 260 degrees
Celsius
6250
Activity Fee in Fee Units
Power stations which generate electrical power
from the consumption of fuel at a rated capacity of
at least 5 megawatt electrical power, with an
installed capacity of—
less than 15 megawatts; 100
Sch. 2
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15 megawatts or more but less than
100 megawatts;
100 megawatts or more but less than
200 megawatts
200 megawatts or more
625
1250
2500
Premises which discharge or emit, or from which it
is proposed to discharge or emit to the atmosphere
any of the following—
at least 100 kilograms per day of—
total organic compounds;
particulate matter;
sulphur oxide;
nitrogen oxides; or
other acid gases (excluding carbon dioxide);
or
at least 500 kilograms per day of carbon
monoxide;
any quantity of the following substances from
industrial plant or fuel burning equipment—
asbestos;
benzene;
mercury;
vinyl chloride monomer;
toluene-2, 4 di-isocyanate (TDI); or
diphenylmethane di-isocyanate (MDI)
1250
—————————
Sch. 2
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SCHEDULE 3
Regulation 9
COMPONENT FEE INFORMATION
Part A: Discharges to the atmosphere
For the purposes of regulation 9 and Table 1—
"tonnes per year" means the amount of waste permitted to be
discharged, in grams per minute in a licence converted to tonnes
per year, if an annual load is not specified.
1. If volatile organic compounds or total organic compounds are specified in
a licence, the fee is the component fee for class 2 indicators specified in
Table 1, for each tonne per year of volatile organic compounds or total
organic compounds that may be discharged under licence to the
atmosphere.
TABLE 1
Component Fee in Fee units
For each tonne per year that may be
discharged under licence to the
atmosphere of a—
class 1 indicator
class 2 indicator
class 3 indicator
0·4
4
400
Part B Discharge to water and land
1. For the purposes of regulation 9 and Table 2—
"annual mean flow" means the mean daily flow permitted under
licence multiplied by the number of days in the year the discharge
is permitted, expressed as megalitres per year;
"annual stormwater flow" means the annual flow rate for
contaminated stormwater discharge which is deemed to be
10 litres for each square metre of area contributing to the
stormwater discharge, multiplied by the number of days in the
year;
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20
"hazardous substances" means substances which are highly toxic,
persistent or may accumulate to toxic levels as contained in State
environment protection policy (waters of Victoria) as in force from
time to time;
"organic matter" means total organic carbon, biochemical oxygen
demand, or chemical oxygen demand that may be discharged
under a licence;
"priority wastes" means the types or classes of waste containing any
substance designated as a priority waste in Industrial Waste
Management (Waste Minimisation) Policy as in force from time to
time;
"temperature above ambient" means for any particular season, any
temperature level higher than the average temperature for that
season of the waters receiving the licensed discharge;
"toxicants" means a substance which is poisonous to living things.
2. Each component fee in column 2 of Table 2—
(a) must be multiplied by the annual mean flow; or
(b) in the case of a contaminated stormwater discharge, multiplied by
the annual stormwater flow.
3. If a discharge of any of the components in Table 2 is licensed to be
discharged on to land rather than into water, the relevant fee for that
component must be reduced by 50%.
4. 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.
5. If a licence specifies both electrical conductivity and total dissolved
solids, no fee is to be charged for electrical conductivity.
6. If more than one of the parameters defined as organic matter is specified
under licence, the greater limit must be used for fee calculations.
7. If a median amount of waste permitted to be discharged under a licence is
not specified in the licence, the maximum amount of waste permitted to
be discharged under the licence must be used for the purpose of
calculating a fee under Table 2.
TABLE 2
Sch. 3
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21
Component Fee in Fee units
For each milligram per litre of the median amount
that may be discharged under licence of—
total dissolved solids, discharged to anywhere
other than the ocean; (see clauses 4 and 5)
suspended solids;
organic matter; (see clause 6)
total phosphorus;
total nitrogen;
hazardous substances;
toxicants;
priority wastes;
any other waste component, not specified
elsewhere
0·0006
0·003
0·003
0·005
0·005
0·3
0·05
0·3
0·05
For each platinum cobalt unit of colour that may
be discharged under licence
0·0003
For each degree of Celsius of temperature above
ambient that may be discharged under licence
0·003
Where a licence permits discharges of bacteria
(E coli) at a concentration of—
greater than 10 organisms per 100 millilitres
or more but not greater than 200 organisms
per 100 millilitres;
greater than 200 organisms per 100 millilitres
or more, but not greater than 2000 organisms
per 100 millilitres;
greater than 2000 organisms per
100 millilitres
0·001
0·01
0·1
—————————
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SCHEDULE 4
Regulation 16
ADDITIONAL INFORMATION FOR FEES FOR PRESCRIBED
WASTE TRANSPORT PERMITS
(1) The fee payable for a vehicle which is a prime mover or passenger
vehicle to transport prescribed waste, provided the vehicle does not
carry prescribed waste, is 10 fee units.
(2) The fee payable for any other vehicle to transport prescribed waste is
the relevant fee set out in the Table.
(3) If two or more categories of prescribed waste are transported by the
same vehicle the fee is to be the higher of the relevant fees in the
Table.
TABLE
Vehicle Gross Combination Load Carrying Capacity
Type or Class
of prescribed
waste
Less than 1·5
tonnes
Fee in Fee
Units
Equal to or
more than
1·5 tonnes
but less than
8 tonnes
Fee in Fee
Units
Equal to or
more than
8 tonnes
but less
than
23 tonnes
Fee in Fee
Units
Equal to or
more than
23 tonnes
but less
than
30 tonnes
Fee in Fee
Units
Equal to or
more than
30 tonnes
Fee in Fee
Units
Putrescible
organic
wastes or
inert sludges
or slurries,
clinical and
related wastes
25 40 50 75 100
Prescribed
waste not
specified
elsewhere in
this table
40 50 70 105 140
Prescribed
waste which
is explosive,
flammable or
highly
reactive
50 60 80 120 160
Sch. 4
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ENDNOTES
1 Reg. 21: S.R. No. 95/1998.
——
Table of Applied, Adopted or Incorporated Matter Required by
Subordinate Legislation Regulations 1994
Note that the following table of applied, adopted or incorporated matter is
included in accordance with the requirements of regulation 6 of the
Subordinate Legislation Regulations 1994.
Statutory
Rule
Provision
Title of applied, adopted or incorporated
document
Matter in
applied, adopted
or incorporated
document
Regulation 5 State environment protection policy (Air
Quality Management) as published in the
Government Gazette dated 13 July 1981, as
amended by Orders in Council published in
the Government Gazette dated 4 November
1981, 17 February 1982, 16 June 1982,
24 November 1982, 28 September 1983 and
Special Government Gazette dated 6 June
1988, 31 July 1989 and 9 February 1999.
Clause 9 and
Schedules C, D
and E
Schedule 3,
Part B
State environment protection policy (waters
of Victoria) as published in the Special
Government Gazette dated 26 February 1988,
as amended by Orders in Council published
in the Government Gazette dated 21 March
1990 and Special Government Gazettes dated
22 October 1996, 27 August 1997 and 22
June 1999.
Clause 24
Schedule 3,
Part B
Industrial Waste Management (Waste
Minimisation) Policy as published in the
Special Government Gazette dated
29 October 1990, as amended by Order in
Council published in the Government Gazette
dated 26 October 2000.
Clause 54 and
Schedule A
Endnotes
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