Legislation

Regulations


Regulations are primarily used to deal with matters in detail. Regulations are also made to control discharges to the environment that are not readily licensed.

Information on the following Regulations is available:

Environment Protection (Distribution of Landfill Levy) Regulations 2010

The Environment Protection (Distribution of Landfill Levy) Regulations 2010 are available online at the Victorian Legislation and Parliamentary Documents website.

These Regulations specify how landfill levies are to be distributed for the purposes of section 70(6B) of the Environment Protection Act 1970

The Regulations set out the distributions that EPA is to make during the 2014–15 financial year to Sustainability Victoria, waste management groups, waste and resource recovery groups and the Sustainability Fund account.

From 1 July 2015, when amendments to the Environment Protection Act take effect, distributions will occur via a Ministerial determination process, rather than via this Regulation.

Environment Protection (Fees) Regulations 2012

The Environment Protection (Fees) Regulations 2012 (Victorian Legislation and Parliamentary Documents website) prescribe fees for the majority of EPA-administered licences and approvals under the Environment Protection Act 1970 (the Act), including:

  • works approvals fees
  • licence fees
  • waste transport permit fees
  • environmental audit fees.

Draft fees Regulations and a regulatory impact statement were released for public consultation in March 2012 for 60 days. Six submissions were received – see EPA Victoria’s response to comments (publication 1505).

Key changes

The 2012 Regulations made a number of key changes to the Environment Protection (Fees) Regulations 2001. These include the following:

  • Adjustments to licence fee structures to better reflect the level of work undertaken by the EPA in regulating each type of licensed activity.
  • Base fees will incorporate risk as an important factor in setting the fees.
  • Component fees will remain unchanged (except for some updating of terms to reflect current statutory policies).
  • The calculation of works approval fees will be simplified. The fees will be calculated on the basis of 1 per cent of the monetary value of the works. A minimum fee of 81.83 fee units will be prescribed, while the Act places a cap on the fees of 4,500 fee units.
  • The fee for environmental audits will apply to both section 53V and section 53X audits under the Act (the former are not currently charged a fee). Fees for environmental audits will be simplified by charging a flat fee of 131.1 fee units.
  • The categories of waste permit transport fees have been simplified and a risk factor has been incorporated into setting the fees. Overall, fees in this category will decline by around 38 per cent.
  • A minimum fee of 81.83 fee units will be prescribed for waste receivers (licence categories A01 and A05) to ensure that a minimum amount is collected to cover EPA administrative costs. The previous discount for waste processed for reuse has been removed as it is not consistent with cost-recovery principles.
  • The maximum septic tank permit application fee for local government will not be prescribed in the proposed Regulations.

Environment Protection (Industrial Waste Resource) Regulations 2009

The Environment Protection (Industrial Waste Resource) Regulations 2009 (Victorian Legislation and Parliamentary Documents) categorise industrial wastes by risk profile to ensure that each is appropriately handled, stored, treated, transported and disposed of.

These Regulations are currently being reviewed by EPA.

Prior to 2009, prescribed industrial wastes (PIWs) were regulated by the Environmental Protection (Prescribed Waste) Regulations 1998 (the 1998 Regulations), and the Industrial Waste Management Policy (Prescribed Industrial Waste) 2000 (the Policy). The 1998 Regulations were remade prior to their sunset as the Environment Protection (Industrial Waste Resource) Regulations 2009 (the 2009 Regulations) and came into effect on 1 July 2009.

The 1998 Regulations imposed various obligations on businesses around administrative information and reporting requirements. These included exemption applications, permitting and transport certificates for vehicles transporting PIW, an annual report to EPA, and wider record keeping requirements to demonstrate compliance with the regulations. The changes enacted by the 2009 Regulations include an alternative to classify/categorise waste, a streamlined application process for vehicle permits and easier management for the reuse and recycling of waste. Overall the changes placed more onus on the waste producer, transporter and receiver to be responsible and aware of the management of their waste stream.

To gain an understanding of the cost of the changes to the regulation imposed on businesses, EPA interviewed 14 clients. Interviewees were from a range of industries and represented waste receivers and transporters (5) and waste producers (9). Interviewees were selected to provide a representative cross-section of the waste industry, and ranged from smaller businesses to larger multi-site organisations in orders to gather an overall opinion of the market.

The Regulatory Change Measurement (RCM) method was used to analyse the administrative, compliance and delay costs of the new regulations. The RCM measures all compliance costs within the Reducing the Regulatory Burden initiative. View the RCM (publication 1383).

The RCM for the Environmental Protection (Industrial Waste Resource) Regulations 2009 as assessed by the Better Regulation Unit at the Department of Treasury and Finance measured a reduction in regulatory burden of $9,147,988.

The Environment Protection (Industrial Waste Resource) Amendment Regulations 2016 were made on 22 November 2016 and take effect from 7 December 2016. These amendments clarify the beneficial reuse provisions and embed the waste codes in the Regulations.

Environment Protection (Scheduled Premises) Regulations 2017

Under the Environment Protection Act 1970, occupiers of premises with the potential for significant environmental impact are subject to EPA works approvals (for construction or modification of facilities or processes) and/or licences (for operating conditions, discharge limits, monitoring and reporting requirements) and/or financial assurance requirements.

The 'Scheduled Premises Regulations' prescribe the premises that are subject to these requirements. They also provide for exemptions in certain circumstances.

The Environment Protection (Scheduled Premises) Regulations 2017 (Victorian Legislation and Parliamentary Documents website) came into operation on 25 June 2017.

They have replaced the Environment Protection (Scheduled Premises and Exemptions) Regulations 2007 (Victorian Legislation and Parliamentary Documents website), which applied until 24 June 2017.

The 2017 Regulations were developed by EPA and the Department of Environment, Land, Water and Planning (DELWP) through an extensive review process.

Page last updated on 4 Jul 2017