The Law Handbook 2024

1034 Section 11: Rights, activism and fair treatment at work of waste-disposal levies (pt 6.6 EP Act), and the establishment of Waste and Resource Recovery Groups ( WRRGs ) that are responsible for planning the waste and resource-recovery infrastructure (ch 13 EP Act). A new government agency called Recycling Victoria has taken on the role previously played by the WRRGs. Waste management can be complex and highly contested. The EP Act is not intended to be comprehensive in managing all waste challenges faced by the community: its role is to set a legal framework that makes rules for handling waste to ensure participants remain accountable, while not unduly inhibiting resource recovery. The EP Act recognises the importance of waste avoidance (ss 18, 140 EP Act) and role of other organisations (e.g. Sustainability Victoria) (s 141) to help achieve a ‘circular waste economy’. Noise, odour, dust and smoke offences and duties Noise, odour, dust and smoke issues are regulated by a combination of the GED and specific provisions in the EP Act and the EP Regulations 2021. These issues may also be addressed by councils under the nuisance provisions of the Public Health and Wellbeing Act 2008 (Vic) (other than noise from windfarms). Noise Noise, which includes sound and vibration, is covered by the GED as one type of pollution that requires the risks of harm to be minimised so far as reasonably practicable. Noise is also subject to a range of additional obligations in the EP Act (pt 7.6) and the EP Regulations (pt 5.3). These obligations include that a person must not emit an ‘unreasonable noise’ from a place or premises that is not a residential premises (s 166 EP Act), nor from residential premises (s 167), nor from an entertainment venue (s 169). A person must not emit ‘aggravated noise’ from anywhere (s 168). The EP Regulations 2021 set out types of noise that are prohibited or otherwise regulated (e.g. by operating times). A person who needs permission to undertake an activity (see ‘Activities that require permission from the EPA’, below) may have to meet specific noise conditions. ‘Unreasonable noise’ is defined in the EP Act (s 3) as ‘noise’ (which includes sound and vibration) that: a is unreasonable having regard to its volume, intensity, duration, character, the time, place and other circumstances in which it is emitted, and how often it is emitted; or b is prescribed in the EP Regulations 2021 to be unreasonable noise. Part 5.3 (Noise) of theEPRegulations 2021 prescribes the noise levels (which, if exceeded, amount to unreasonable or aggravated noise) in relation to noise from residential premises (div 2 pt 5.3 EP Regulations 2021); commercial, industrial and trade premises (div 3); indoor and outdoor entertainment venues (div 4); and wind-energy facilities (div 5). The EP Regulations 2021 also require the EPA’s document ‘Noise limit and assessment protocol for the control of noise from commercial, industrial and trade premises and entertainment venues’ (‘ Noise Protocol ’) to be used in conducting any prediction, assessment, measurement or analysis of noise under the environment protection framework. Residential noise issues can be enforced directly by complainants (e.g. in the Magistrates’ Court) or by police officers or council officers (see ‘Compliance and enforcement under the EPAct’, below). The EPA cannot enforce unreasonable noise requirements that arise between residential premises only. However, some types of residential construction noise breaches can be enforced by council or the EPA. The EPA has delegated to councils the power to enforce the provisions relating to noise from construction, demolition and removal of residential premises. The EPA enforces compliance with noise obligations owed by businesses and other organisations, including windfarms and music venues (though note that the ‘agent of change’ principle as set out in the VPPs applies to music venues – see the notes to regulations 113 and 122 of the EP Regulations). Noise breaches can generally be enforced through infringements or by an enforcement officer directing an alleged offender to address the source of the noise. In some instances, remedial notices can be issued to address long-term noise issues. Odour and dust Odour and dust issues are generally covered under the permissions that apply to certain types of activities (see ‘Activities that require permission from the EPA’, below) but can also be addressed under the GED. A copy of any applicable odour, dust and