Victorian Legislation and Parliamentary Documents
Version No. 001
By-law No. 332: Trade Waste
S.R. No. 141/1994
Version as at 14 April 1998
TABLE OF PROVISIONS
Regulation
Page
PART 1—PRELIMINARY
1.
2.
3.
4.
1
Objectives
Authorising provision
Revocation
Definitions
1
1
1
1
PART 2—DISCHARGING TRADE WASTE
5.
6.
7.
Unauthorised discharge prohibited
Trade waste consents and agreements
Failure to comply with conditions
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4
4
5
SCHEDULES
7
SCHEDULE 1—Revoked by-laws
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SCHEDULE 2—Initial fees for making agreements or granting consents
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ENDNOTES
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1. General Information
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2. Table of Amendments
10
3. Explanatory Details
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Victorian Legislation and Parliamentary Documents
Version No. 001
By-law No. 332: Trade Waste
S.R. No. 141/1994
Version as at 14 April 1998
PART 1—PRELIMINARY
1. Objectives
The objectives of this By-law are—
(a) to prohibit the discharge of trade waste
without, or in contravention of, a trade waste
agreement or trade waste consent; and
(b) to empower Melbourne Water to terminate a
trade waste agreement or trade waste consent
for breach of any condition.
2. Authorising provision
This By-law is made under section 184A of the
Melbourne and Metropolitan Board of Works
Act 1958.
3. Revocation
The By-laws set out in Schedule 1 are revoked.
4. Definitions
(1) In this By-law—
"Act" means the Melbourne and Metropolitan
Board of Works Act 1958;
"agreement" means a trade waste agreement
with Melbourne Water made under section
184A of the Act;
"consent" means a trade waste consent granted
by Melbourne Water;
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By-law No. 332: Trade Waste
S.R. No. 141/1994
Part 1—Preliminary
r. 4
Victorian Legislation and Parliamentary Documents
"Melbourne Water" means the Melbourne
Water Corporation;
"occupier", in relation to any land, includes a
person who occupies or is in control of—
(a) that land, whether or not that person
owns the land; and
(b) any part of that land, if different parts
of the land are occupied by different
persons;
"sewage" includes—
(a) human excreta; and
(b) waste-water discharged from private
residential premises;
"sewage dump point" means any receptacle for
receiving waste from a privy, septic tank or
chemical lavatory, including waste from any
railway train, aircraft or bus;
"trade waste" means—
(a) any liquid, and any substance contained
in it, to be discharged from trade
premises; or
(b) any waste matter consisting solely or
partly of food, which results from any
process connected with the preparation,
on other than private residential
premises, of food for consumption; or
(c) any matter to be discharged from any
laundry used for—
(i) the purposes of a private or public
hospital, school or any other
institution; or
(ii) the purposes of an hotel, motel or
similar establishment; or
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By-law No. 332: Trade Waste
S.R. No. 141/1994
Part 1—Preliminary
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Victorian Legislation and Parliamentary Documents
(iii) commercial purposes, or for
which a user pays a fee; or
(d) any matter to be discharged—
(i) from any cooling, refrigeration or
air-conditioning system on trade
premises; or
(ii) from any ship's ballast; or
(iii) as polluted storm-water run-off; or
(iv) as run-off from water used to
extinguish a fire or to deal with
any other hazard or emergency on
trade premises; or
(v) as leachate from any private,
commercial or municipal tip; or
(vi) as sewage sludge from a sewage
dump point—
and includes any waste matter from any
trade premises but does not include
waste-water discharged from private
residential premises.
(2) Where in or at the foot of any clause the
expression "default penalty" appears, it means
that a person who is convicted of an offence
against that clause is, if the offence continues after
conviction or after service by Melbourne Water
upon that person of notice of contravention of that
clause (whichever is the earlier), liable to a further
penalty for each day during which the offence
continues of not more than the amount expressed
in the clause as the amount of the default penalty.
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By-law No. 332: Trade Waste
S.R. No. 141/1994
Part 2—Discharging Trade Waste
r. 5
Victorian Legislation and Parliamentary Documents
PART 2—DISCHARGING TRADE WASTE
5. Unauthorised discharge prohibited
A person must not cause or permit trade waste to
be discharged directly or indirectly into a drain or
sewer, except in accordance with clause 6.
Penalty: 200 penalty units.
Default Penalty: 80 penalty units.
6. Trade waste consents and agreements
(1) An occupier of land may discharge trade waste
if—
(a) either—
(i) an agreement (whether made before or
after the commencement of this
By-law) exists between Melbourne
Water and the occupier; or
(ii) a consent has been granted by
Melbourne Water (whether before or
after the commencement of this
By-law) to the occupier; and
(b) the trade waste complies with all provisions
of the relevant agreement or consent; and
(c) the occupier has complied with all provisions
of the relevant agreement or consent,
including any provision incorporated into an
agreement made, or consent granted, before
the commencement of this By-law, by
reference to any By-law set out in
Schedule 11.
(2) An agreement made or a consent granted before
the commencement of this By-law will terminate
on the expiration of at least—
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By-law No. 332: Trade Waste
S.R. No. 141/1994
Part 2—Discharging Trade Waste
r. 7
Victorian Legislation and Parliamentary Documents
(a) 90 days' written notice of termination given
by Melbourne Water; or
(b) 30 days' written notice of termination given
by the occupier.
(3) An occupier must give Melbourne Water at least
30 days' written notice before ceasing to occupy
any land to which agreement or consent referred
to in sub-clause (2) relates.
(4) An occupier must pay to Melbourne Water the
initial fee specified in Schedule 2 on the making
of any agreement or the granting of any consent.
7. Failure to comply with conditions
(1) Whenever Melbourne Water considered that an
occupier has not complied with any condition of
an agreement or consent, it may serve a notice on
the occupier setting out—
(a) the condition which Melbourne Water
considers has not been complied with; and
(b) why Melbourne Water considers that the
condition has not been complied with; and
(c) a date by which the occupier must comply
with the condition.
(2) An occupier must comply with any condition
mentioned in a notice under sub-clause (1) by the
date specified in that notice, to the satisfaction of
Melbourne Water.
(3) If an occupier does not comply with the
requirements of sub-clause (2) by the date
specified in a notice served under sub-section (1),
the agreement or consent to which the date relates
automatically terminates at midnight on that date.
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By-law No. 332: Trade Waste
S.R. No. 141/1994
Part 2—Discharging Trade Waste
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Victorian Legislation and Parliamentary Documents
(4) If an agreement or consent terminates
automatically under sub-clause (3)—
(a) the occupier is not discharged from any
condition still to be performed by, or on
behalf of, the occupier; and
(b) Melbourne Water officers may continue to
exercise any power to enter the land of the
occupier conferred by the agreement or
consent2.
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By-law No. 332: Trade Waste
S.R. No. 141/1994
Sch. 1
Victorian Legislation and Parliamentary Documents
SCHEDULES
SCHEDULE 1
[Clause 43]
REVOKED BY-LAWS
By-law No. 208: Trade Waste
By-law No. 213: Trade Waste
By-law No. 221: Trade Waste
By-law No. 233: Trade Waste
By-law No. 237: General Amendments
By-law No. 246: Trade Waste
By-law No. 251: Trade Waste
By-law No. 260: Trade Waste (Amendment)
By-law No. 228: Trade Waste (Amendment)
By-law No. 266: Trade Waste (Amendment)
By-law No. 267: Trade Waste (Amendment)
By-law No. 283: Trade Waste (Amendment)
By-law No. 310: Trade Waste (Amendment)
By-law No. 313: Trade Waste (Amendment)
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Statutory Rule No.
348/1984
212/1985
138/1986
114/1987
126/1988
196/1988
457/1988
130/1989
228/1989
125/1990
299/1990
93/1991
89/1992
249/1992
By-law No. 332: Trade Waste
S.R. No. 141/1994
Sch. 2
Victorian Legislation and Parliamentary Documents
SCHEDULE 2
[Clause 6(4)]
INITIAL FEES FOR MAKING AGREEMENTS OR GRANTING
CONSENTS
Maximum discharge allowed
(a) More than 0.5 kilolitres per day but not more than
4 kilolitres per day
(b) More than 4 kilolitres per day but not more than
20 kilolitres per day
(c) More than 20 kilolitres per day but not more than
50 kilolitres per day
(d) More than 50 kilolitres per day but not more than
100 kilolitres per day
(e) More than 100 kilolitres per day but not more than
1000 kilolitres per day
(f) More than 1000 kilolitres per day
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Fee
$22.50
$55.00
$127.00
$140.00
$551.00
$1102.00
By-law No. 332: Trade Waste
S.R. No. 141/1994
Endnotes
Victorian Legislation and Parliamentary Documents
ENDNOTES
1. General Information
By-law No. 332: Trade Waste, S.R. No. 141/1994 was made on
13 September 1994 by the Melbourne Water Corporation under section 184A
of the Melbourne and Metropolitan Board of Works Act 1958,
No. 6310/1958 and came into operation on 13 September 1994.
By-law No. 332: Trade Waste will sunset 10 years after the day of making on
13 September 2004 (see section 5 of the Subordinate Legislation Act 1994).
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By-law No. 332: Trade Waste
S.R. No. 141/1994
Endnotes
Victorian Legislation and Parliamentary Documents
2. Table of Amendments
There are no amendments made to By-law No. 332: Trade Waste by statutory
rules, subordinate instruments and Acts.
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By-law No. 332: Trade Waste
S.R. No. 141/1994
Endnotes
Victorian Legislation and Parliamentary Documents
3. Explanatory Detail
1
Cl. 6(1)(c): Melbourne Water will publish Guidelines from time to time,
concerning quality parameters for trade waste discharged to Melbourne
Water sewers and other matters to be dealt with in trade waste agreements
and consents.
2
Cl. 7(4)(b): Section 184A(3B) of the Act also gives power to Melbourne
Water officers to enter and inspect trade premises and take samples.
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