State Environment Protection Policy (Waters
of Victoria; SEPP (WoV))
– Point source pollution
Statutory policies are subordinate legislation under the Environment Protection Act 1970, and provide a framework for
environment protection that is set in law. State Environment Protection Policies (SEPPs) ensure Victoria has clear and
relevant standards, legal rules and statutory obligations to protect and improve the health of the state’s natural
environment.
The State Environment Protection Policy (Waters of Victoria; SEPP (WoV)) and Schedules protect the health of water
environments by setting out the values and uses (the beneficial uses) of water environments that Victorians want, the
water quality required to protect the beneficial uses and by providing clear guidance and tools for controlling water quality
pollution.
The current SEPP (WoV) contains a number of clauses related to the management of discharges to water (refer table
below). To protect beneficial uses, the discharge of wastewater to surface waters needs to be managed to minimise risks
to beneficial uses.
EPA expects that water businesses:
•
understand the environmental impacts and risks from their operations;
•
will develop programs to address identified risks; and
•
continually review and improve their approach.
There is an expectation that the water industry will progressively work towards a way of operating that continuously
minimises their impact, and over time provide a net benefit to the environment and society.
Clauses 27-30 of SEPP (WoV) relate to management of wastewater discharge. The current clauses include consideration
of a number of key areas as detailed below. The Schedule areas (F3, F5, F6, F7 & F8) also contain clauses related to
point source management.
SEPP (WoV) Point Source Related Clauses
Current SEPP WoV Clauses
Key areas addressed by the clause
27
28
29
30
Waste Hierarchy
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Licences and Works Approvals
EPA Roles and Responsibilities
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Proponent Roles and Responsibilities
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Beneficial Uses Considered/protected
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Existing Environmental Quality of Water considered and maintained
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Shall not be toxic
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Monitoring Program
Mixing Zones
Environmental Improvement Plans (continuous improvement)
Re-Use/Recycling Scheme
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SEPP (WoV) - Point source pollution
Information and ideas are being sought on how the water industry can continuously reduce the environmental impact of
discharges into the future to support the review of SEPP (WoV). The questions being asked at the meeting are:
1.
What barriers have you experienced when applying the licensed wastewater discharge sections of the Policy?
2.
What solutions or opportunities exist that could minimise the impact on the environment and achieve continuous
improvement.
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SEPP (WoV) - Point source pollution
SEPP (WoV) and Schedule policy clauses
SEPP (WoV)
Clause
27
Management of
discharges to surface
waters
(1)
(2)
(3)
27 (4)
Content
To protect beneficial uses, the discharge of wastes and wastewater from licensed and unlicensed
premises and activities to surface waters must be managed in accordance with the waste hierarchy,
with priority given to avoiding the generation of wastewater.
In licensing a wastewater discharge, the Environment Protection Authority will:
consider the existing environmental quality of surface waters and protection of beneficial uses, and
the potential impacts of future wastewater discharges on beneficial uses;
require licence holders to implement effective wastewater management practices that minimise
environmental risks to beneficial uses. The Environment Protection Authority will provide guidance
on wastewater management practices;
only approve wastewater management practices, including disinfection, that will not increase the
toxicity of the wastewater discharge; and
not approve a wastewater discharge that, according to toxicity tests approved by the Environment
Protection Authority, displays acute lethality at the point of discharge or causes chronic impacts
outside any declared mixing zone, except that a waste discharge containing a non-persistent
substance that degrades within any declared mixing zone may be approved.
28
New wastewater
discharges
(1)
(a)
(b)
(c)
(2)
(3)
The potential impact of new wastewater discharges needs to be minimised to protect beneficial
uses. To enable this:
the Environment Protection Authority:
will require applicants for works approvals to incorporate measures that avoid, re-use and recycle
wastewater;
will, where a discharge can not be avoided, re-used and recycled, require applicants of works
approvals to incorporate effective wastewater management practices to avoid the discharge
resulting in the exceedance of environmental quality objectives in surface waters;
may approve a mixing zone as part of a discharge licence where a discharge can not practicably be
avoided, reused and recycled, and where wastewater management practices are not effective in
fully protecting beneficial uses;
the Environment Protection Authority will, if a licence is approved, ensure that it is consistent with
the Policy and includes an environment improvement plan to progressively reduce the impacts of
wastewater discharges on beneficial uses, and a monitoring program to assess the impact of the
wastewater discharge on beneficial uses; and
will not approve any new discharges:
(a)
to the Aquatic Reserves, Wetlands and Lakes or Estuaries and Inlets segments or to waters in areas
of high conservation significance, including those listed in Schedule B, except in accordance with the
provisions of clause 31;
(b)
to waters in special water supply catchments or where a discharge will impact on authorised potable
supplies;
(c)
where a discharge would pose an environmental risk to beneficial uses and best management
practice has not been adopted.
29
Existing wastewater
discharges
To protect beneficial uses, the discharge of wastewater to surface waters needs to be managed to
minimise environmental risks to beneficial uses. To enable this, the Environment Protection
Authority:
(1)
will revise existing licences to ensure they are consistent with the Policy and include a monitoring
program to assess the impact of wastewater discharges on beneficial uses;
(2)
will require licence holders to assess options to maximise the implementation of the waste hierarchy
and develop environment improvement plans to implement preferred options and to progressively
reduce the impacts of wastewater discharges on beneficial uses; and
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SEPP (WoV) - Point source pollution
may approve a mixing zone as part of a discharge licence where a discharge can not practicably be
avoided, re-used and recycled, and where wastewater management practices are not effective in
fully protecting beneficial uses.
(3)
30
Mixing zones
In particular, a priority needs to be placed on the avoidance, re-use, recycling and management of
wastewater that is currently discharged to the Aquatic Reserves, Wetlands and Lakes or Estuaries
and Inlets segments, unless that wastewater is managed in accordance with the provisions of clause
31. Where a discharge cannot be avoided, it must be below the low water mark and should be
beyond the surf zone.
In issuing a licence, the Environment Protection Authority may approve a mixing zone where it is not
practicable to avoid, re-use, recycle and effectively manage wastewater.
Within a mixing zone, designated environmental quality objectives do not need to be met and
therefore beneficial uses may not be protected. The Environment Protection Authority:
(1)
will not approve a mixing zone if it will result in:
(a) environmental risks to beneficial uses outside the mixing zone;
(b) harm to humans, unacceptable impacts on plants and animals or where it will cause a loss of
aesthetic enjoyment or an objectionable odour;
(2)
will require affected licence holders to develop and implement an environment improvement plan
that includes effective management practices aimed at continuously reducing the size of the mixing
zone and preferably achieving its complete elimination;
(3)
will regularly review mixing zones and the implementation of environment improvement plans, to
ensure that the size of mixing zones is minimised;
(4)
will provide guidance on criteria for establishing an acceptable mixing zone, including requirements
for community and stakeholder consultation.
SEPP F3
1. Wetlands segment
2. Lake Reeve
segment
3. Upper Riverine
Segment
(a)
(b)
No new licence shall be granted for the discharge of waste to the wetlands segment. This
requirement may be reviewed in light of further research on the use of wetlands for nutrient uptake
from wastes and the effects of waste discharges on wetlands
No licence shall be granted for the discharge of wastes to the waters of the Lake Reeve segment
Licences to discharge waste to the Upper Riverine segment shall be granted only where the
discharge will not cause drinking water quality objectives to be exceeded. In assessing applications
for licences and the approval of works pursuant to the Act, particular attention will be given to this
factor and practicable alternatives to discharge.
New discharges of treated effluent to the surface waters of the Upper Riverine segment shall be
permitted only when the available dilution exceeds one-in-fifty (i.e. one part effluent in fifty parts
receiving water)
SEPP F5
14. Point source
management
(1)
(a)
(b)
(2)
(a)
(b)
The Authority may approve, for a period specified by the Authority, a lower quality of discharge from
a premise that would otherwise be acceptable to the Authority if the occupier of the premises agrees to implement and maintain any off-set measures that offer
either equivalent or greater protection of beneficial uses within the area specified by the Authority;
and
the discharge will not be detrimental to any beneficial use outside any designated mixing zone.
Any renewal or continuation of these arrangements is conditional on the Authority being satisfied
that the off-set continues to offer either equivalent or greater protection of beneficial uses within the area
specified by the Authority; and
the discharge will not be detrimental to any beneficial use outside any designated mixing zone.
SEPP F6
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SEPP (WoV) - Point source pollution
20. Control of point
source discharges
(1)
The Authority must ensure that occupiers of premises discharging waste to Port Phillip Bay operate
and manage facilities to ensure that future upgrades and augmentation of works shall improve waste water quality and reduce
environmental impacts
(2)
the extent of mixing zones is progressively reduced by the application of best practice, including cost
effective waste treatment technology, cleaner production principles, waste minimisation and the
sustainable re-use of wastewater; and
(3)
the sustainable re-use of wastewater and treatment sludges is maximised wherever practicable and
environmentally beneficial
SEPP F7
12. Point source
management
(1)
The Authority will ensure that occupiers of premises discharging waste to the surface waters of the
Schedule area operate and manage facilities to ensure that -
(a)
the extent of mixing zones is progressively reduced by the application of best practice, including cost
effective waste treatment technology, cleaner production principles, waste minimisation and the
sustainable re-use of wastewater; and
(b)
the sustainable re-use of wastewater and treatment sludges is maximised wherever practicable and
environmentally beneficial
(2)
In implementing sub-clause (1), facilities and operating practices of sewage treatment plants with
capacity exceeding 0.1 ML/day must be upgraded such that by 1 July 2004, discharges cause no
detrimental change in the environmental quality of the receiving waters as determined by an instream monitoring and assessment program approved by the Authority.
SEPP F8
29. Wastewater
management
(1)
The occupier of each premises that discharges wastewater to the waters of the schedule area must
implement the waste hierarchy, including wastewater avoidance and sustainable reuse, as soon as
practicable and where environmentally beneficial.
(2)
As part of the application of the waste hierarchy, it may be necessary to discharge wastewater to the
waters of the schedule area. In these circumstances, the impact of that discharge and any
associated mixing zone must be progressively reduced to the extent practicable
(3)
Operators of premises which exceed a design or actual flow rate of more than 0.1 ML/day of
wastewater to waters of the schedule area, must ensure that by 1 July 2011, discharges cause no
detrimental change in the environmental quality of the receiving waters, as determined by an instream monitoring and assessment program approved by the Environment Protection Authority
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