(e) South Gippsland Shire Council; (f) Wellington Shire Council; S. 4(1) def. of Goulburn Valley Waste and Resource Recovery Group inserted by No. 20/2014 s. 3(1). Goulburn Valley Waste and Resource Recovery Group means the Waste and Resource Recovery Group established for the Goulburn Valley Waste and Resource Recovery Region; S. 4(1) def. of Goulburn Valley Waste and Resource Recovery Region inserted by No. 20/2014 s. 3(1). Goulburn Valley Waste and Resource Recovery Region means the region that consists of the municipal districts of the following councils— (a) Campaspe Shire Council; (b) Greater Shepparton City Council; (c) Mitchell Shire Council; (d) Moira Shire Council; (e) Murrindindi Shire Council; (f) Strathbogie Shire Council; S. 4(1) def. of Grampians Central West Waste and Resource Recovery Group inserted by No. 20/2014 s. 3(1). Grampians Central West Waste and Resource Recovery Group means the Waste and Resource Recovery Group established for the Grampians Central West Waste and Resource Recovery Region; S. 4(1) def. of Grampians Central West Waste and Resource Recovery Region inserted by No. 20/2014 s. 3(1). Grampians Central West Waste and Resource Recovery Region means the region that consists of the municipal districts of the following councils— (a) Ararat Rural City Council; (b) Ballarat City Council; (c) Central Goldfields Shire Council;
S. 4(1) def. of Local Government Waste Forum inserted by No. 20/2014 s. 3(1). Local Government Waste Forum means a body established under section 49B; S. 4(1) def. of Loddon Mallee Waste and Resource Recovery Group inserted by No. 20/2014 s. 3(1). Loddon Mallee Waste and Resource Recovery Group means the Waste and Resource Recovery Group established for the Loddon Mallee Waste and Resource Recovery Region; S. 4(1) def. of Loddon Mallee Waste and Resource Recovery Region inserted by No. 20/2014 s. 3(1). Loddon Mallee Waste and Resource Recovery Region means the region that consists of the municipal districts of the following councils— (a) Buloke Shire Council; (b) Gannawarra Shire Council; (c) Greater Bendigo City Council; (d) Loddon Shire Council; (e) Macedon Ranges Shire Council; (f) Mildura Rural City Council; (g) Mount Alexander Shire Council; (h) Swan Hill Rural City Council; S. 4(1) def. of metropolitan council inserted by No. 61/2006 s. 43, repealed by No. 20/2014 s. 14(3). * * * * *
S. 4(1) def. of notifiable chemical inserted by No. 10261 s. 5(a)(iv), amended by No. 87/1989 s. 4(g)(i)(ii). notifiable chemical means a chemical— (a) for which the Authority has certified that there is not available and accessible in Victoria a satisfactory facility for the destruction or disposal of the chemical or the nature of the chemical is such that the location, storage or handling of which may cause an environmental hazard; and (b) which is prescribed or declared to be a notifiable chemical; S. 4(1) def. of occupier substituted by No. 10092 s. 5(1)(l). occupier in relation to any premises includes a person who is in occupation or control of the premises whether or not that person is the owner of the premises and in relation to premises different parts of which are occupied by different persons means the respective persons in occupation or control of each part; S. 4(1) def. of owner repealed by No. 10092 s. 5(1)(l). * * * * * S. 4(1) def. of substance inserted by No. 30/1989 s. 3, amended by No. 7/2001 s. 15. ozone-depleting substance means any chlorofluorocarbon, halon, hydrochlorofluorocarbon or any other substance prescribed to be an substance; S. 4(1) def. of permit inserted by No. 10261 s. 5(a)(v), substituted by No. 48/1988 s. 40(2)(a). permit means— (a) a permit to transport prescribed waste or prescribed industrial waste issued under Part IXA; and
(i) waste is, or is likely to be, discharged, emitted or deposited to the environment; or (ii) noise is, or is likely to be, emitted; or (iii) waste is, or substances which are a danger or potential danger to the quality of the environment or any segment of the environment are, reprocessed, treated, stored, contained, disposed of or handled; or (iv) any activity is conducted which creates a state of potential danger to the quality of the environment or any segment of the environment; S. 4(1) def. of Secretary of the Department of Environment and Primary Industries inserted by No. 20/2014 s. 3(1). Secretary of the Department of Environment and Primary Industries means the Department Head of the Department of Environment and Primary Industries within the meaning of the Public Administration Act 2004; S. 4(1) def. of Secretary to the Department of Health inserted by No. 29/2010 s. 37. Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health; segment in relation to the environment means any portion or portions of the environment expressed in terms of volume, space, area, quantity, quality, or time or any combination thereof;
S. 4(1) def. of sell inserted by No. 87/1989 s. 4(i). sell includes— (a) agree to sell; and (b) offer or expose for sale; and (c) have in possession for the purpose of sale; and (d) barter or exchange; and (e) cause or permit to be done any of the above; ship includes every description of vessel or craft; S. 4(1) def. of soil repealed by No. 10092 s. 5(1)(q). * * * * * S. 4(1) def. of State environment protection policy inserted by No. 10092 s. 5(1)(r). State environment protection policy means a policy declared by the Governor in Council under section 16; S. 4(1) def. of State-Wide Waste and Resource Recovery Infrastructure Plan inserted by No. 20/2014 s. 14(1). State-Wide Waste and Resource Recovery Infrastructure Plan means the plan prepared in accordance with Division 2AC of Part IX; S. 4(1) def. of statement of environmental audit inserted by No. 20/1994 s. 16(3). statement of environmental audit means a statement issued by an environmental auditor which— (a) states that the condition of the segment of the environment specified in the statement is or is potentially detrimental to any beneficial use of that segment; and
(b) if the condition of the segment of the environment specified in the statement is not or is not potentially detrimental to a particular beneficial use of that segment, so states; S. 4(1) def. of Sustainability inserted by No. 65/2005 s. 23(1). Sustainability Victoria means Sustainability Victoria established by section 5 of the Sustainability Victoria Act 2005; trade means any trade business or undertaking whether ordinarily carried on at fixed premises or at varying places which results in the discharge of wastes and includes any activity prescribed to be a trade, business, or undertaking for the purposes of this Act; this Act includes proclamations, Orders in Council and regulations made under this Act; S. 4(1) def. of Tribunal inserted by No. 52/1998 s. 311(Sch. 1 item 27.1(b)). Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998; S. 4(1) def. of use inserted by No. 87/1989 s. 4(j). use includes cause or permit to be used; S. 4(1) def. of vessel inserted by No. 65/2010 s. 420(Sch. 3 item 6.1). vessel has the same meaning as it has in the Marine Safety Act 2010;
S. 4(1) def. of works approval inserted by No. 10092 s. 5(1)(s). works approval means an approval of works issued under section 19B. S. 4(2) substituted by No. 10160 s. 4(f), amended by No. 10261 s. 5(b). (2) Any reference in this Act to waters includes a reference to— (a) the bed and sub-soil lying beneath those waters; (b) the air space superjacent to those waters; and (c) an open, piped or underground drain— but does not include a reference to a drain which conveys waste to or which forms part of any works for the treatment of waste. S. 4(2A) inserted by No. 37/2002 s. 39. (2A) A reference in this Act to waters includes a reference to the waters of the River Murray in respect of litter that has been deposited into, or on to, the waters of the River Murray from the Victorian bank of the River Murray. S. 4(2B) inserted by No. 37/2002 s. 39. (2B) This Act extends to, and applies to, the deposit of litter into, or on to, the waters of the River Murray from any premises that is in Victoria and extends to, and applies in relation to, any proceedings brought in relation to the deposit. S. 4(3) inserted by No. 10092 s. 5(2), repealed by No. 10160 s. 4(f), new s. 4(3) inserted by No. 20/1994 s. 3(1)(b). (3) For the purposes of this Act, the definition of "occupier"— (a) subject to paragraph (b), does not include a person being a financial institution and acting solely as a holder of a security interest in the premises, or as a mortgagee in possession, or which is, or appoints, a controller of the premises; (b) does include a person being a financial institution when acting as a mortgagee in
S. 10 amended by Nos 9098 ss 5(a)–(c), 6(a), 9427 s. 6(1)(Sch. 5 item 52), substituted by Nos 10092 s. 6(1), 65/1996 s. 3. 10 Conditions of office of members S. 10(1) amended by No. 49/2000 s. 27(a). (1) A member of the Board— (a) holds office for the period specified in her or his instrument of appointment, which must be a period of not more than 3 years; (b) holds office on a part-time basis on the terms and conditions determined by the Governor in Council; (c) may be re-appointed; (d) may resign from office by delivering a signed letter of resignation to the Governor; (e) may be removed from office at any time by the Governor in Council. S. 10(2) amended by No. 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 7)), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 68.3), 80/2006 s. 26(Sch. item 33.2). (2) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member.
(d) a statement of the environmental quality objectives (where practicable); and S. 18(1)(e) substituted by No. 10092 s. 7. (e) the program if any by which the stated environmental quality objectives are to be attained and maintained including, where appropriate, the specification of— (i) maximum quantities and qualities of waste permitted to be discharged to the environment; (ii) maximum levels of noise permitted to be emitted to the environment; (iii) minimum standards for the installation and operation of works or equipment for the control of waste or noise from specified sources or classes of premises; and (iv) measures designed to minimize the possibility of the occurrence of pollution. S. 18(2) inserted by No. 10261 s. 7(g), amended by No. 37/2002 s. 11(f)(i). (2) Waste management policy is to include in terms sufficiently clear to give an adequate basis for planning and licensing functions— S. 18(2)(a) amended by No. 37/2002 s. 11(f)(ii). (a) the objectives of the waste management policy; S. 18(2)(b) amended by No. 37/2002 s. 11(f)(ii). (b) the substances, circumstances and regions to which the waste management policy is to apply; and
S. 19AD def. of intervention criteria amended by No. 37/2002 s. 11(m). intervention criteria means criteria that are— (a) specified in an Order in Council published in the Government Gazette that declares a State environment protection policy or a waste management policy; or (b) prescribed under this Act; neighbourhood environment improvement plan means a neighbourhood environment improvement plan that is developed as a result of either a directed proposal or a voluntary proposal; voluntary proposal means a proposal to develop a neighbourhood environment improvement plan that is submitted to the Authority under section 19AE. S. 19AE inserted by No. 7/2001 s. 8. 19AE Submission of voluntary proposal A protection agency may in the form and manner specified in guidelines issued by the Authority submit a proposal to develop a neighbourhood environment improvement plan to the Authority for endorsement. S. 19AF inserted by No. 7/2001 s. 8. 19AF Impetus for a directed proposal (1) A protection agency, having powers or duties with respect to a segment of the environment, may request the Authority to— (a) conduct a specified environmental audit using an environmental auditor; or (b) undertake an investigation—
(a) in respect of premises which before 1 January 1985 were exempt from the requirement to hold a licence; and (b) which relates to a matter for which works approval is not required. (9) During the currency of a licence the Authority may by notice in writing served upon the holder of a licence— S. 20(9)(a) amended by Nos 87/1989 s. 7(c), 61/2006 s. 8(3)(a). (a) revoke or suspend the licence as it relates to a scheduled premises where— (i) the Authority is satisfied that there has been a contravention of any of the conditions subject to which a works approval was issued to the holder of the licence; S. 20(9)(a)(ii) amended by No. 87/1989 s. 14(c) (as amended by No. 86/1990 s. 13(2)(d)). (ii) the Authority is satisfied that there has been a contravention of any of the conditions to which the licence is subject; S. 20(9)(a)(iii) amended by No. 10261 s. 9(2). (iii) a discharge, emission or deposit of waste or any category, type or volume of prescribed industrial waste is exempted by the regulations from requiring a licence under this section; S. 20(9)(a)(iv) amended by No. 10261 s. 9(3), substituted by No. 61/2006 s. 8(3)(b). (iv) the licence holder has ceased to— (A) discharge, emit or deposit any waste to the environment; or (B) use the premises for the reprocessing, treatment, storage, containment, disposal or handling of waste; or (C) use the premises for the reprocessing, treatment, storage,
S. 20A(6)(d)(ii) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1), 11/2002 s. 3(Sch. 1 item 22), 29/2010 s. 40. (ii) where the Secretary to the Department of Health submits a written report objecting to the granting of the application on the grounds that the public health is likely to be endangered if the licence is amended, refuse to amend the licence; and S. 20A(6)(d)(iii) inserted by No. 45/1987 s. 205(Sch. item 22(d)). (iii) if the works are prohibited by a planning scheme, refuse to amend the licence; S. 20A(6)(e) amended by No. 45/1987 s. 205(Sch. item 22(e)). (e) at the expiration of 21 days from the publication of a notice under paragraph (b) the Authority may if any written comments have been received from any person or body interested in the application in accordance with paragraph (b)(iv) hold a conference in accordance with section 20B; (f) the Authority shall not later than 6 months after receiving the application for the amendment of a licence refuse to amend the licence or amend the licence subject to such conditions, limitations and restrictions if any as the Authority considers appropriate; and S. 20A(6)(g) inserted by No. 45/1987 s. 205(Sch. item 22(f)). (g) if a planning scheme requires a permit to be obtained under the Planning and Environment Act 1987 for the works and a permit has not been issued, any amendment of the licence by the Authority under this section must be subject to a condition that the amendment does not take effect until it is endorsed by the responsible authority administering the planning scheme to the
effect that a permit has been issued under the scheme for the works; and S. 20A(6)(h) inserted by No. 45/1987 s. 205(Sch. item 22(f)). (h) any amendment made to a licence in contravention of paragraph (d)(iii) or (g) is void. (7) The Authority shall not deal with an application to which subsection (6) applies unless the applicant forwards to the Authority the fee which the Authority assesses to be the fee that would have been payable had the applicant applied for a works approval as required by section 19A. S. 20A(8) inserted by No. 22/1987 s. 7(f), substituted by No. 87/1989 s. 11(3)(b), amended No. 61/2006 s. 9(2)(a). (8) If the Authority receives requests under subsection (6)(b)(v), the Authority must notify the people and bodies who made the requests that it has made an amendment to a licence by— S. 20A(8)(a) amended by No. 61/2006 s. 9(2)(b). (a) sending notice of the amendment to each person and body who made a request (or if a request is made by a number of people or bodies jointly, to a representative of those people or bodies); or S. 20A(8)(b) amended by No. 61/2006 s. 9(2)(b). (b) publishing notice of the amendment in a newspaper circulating generally throughout .
(c) accompanied by such information as may be required by the Authority within 21 days of receiving the initial application. (3) The Authority must not deal with an application which does not comply with subsection (2) and must advise the applicant that the application does not comply with subsection (2). (4) Section 22 extends and applies in respect of an applicant for accreditation. S. 26B inserted by No. 20/1994 s. 12. 26B Grant of accreditation (1) The Authority may grant accreditation if the Authority is satisfied that the licence holder— S. 26B(1)(a) amended by No. 61/2006 s. 18(1). (a) has demonstrated a high level of environmental performance at the particular premises which is the subject of the application; and S. 26B(1)(b) amended by No. 61/2006 s. 18(1). (b) can demonstrate an ongoing capacity to maintain and improve environmental performance at the particular premises which is the subject of the application. (2) The following are to be considered in determining environmental performance for the purposes of subsection (1)— (a) whether the applicant has a suitable environmental management system in place which is certified by a person approved by the Authority; (b) whether the applicant is undertaking an environmental audit program approved by the Authority with the participation of an environmental auditor; (c) whether the applicant has prepared or is preparing an environment improvement plan
(c) to install, alter, operate or maintain as the abatement notice may specify apparatus, plant or structures to prevent or control the discharge to which the abatement notice relates; (d) to provide monitoring equipment and to carry out a monitoring program as specified in the abatement notice; (e) to take such measures as specified in the abatement notice to control the quality or quantity of waste to which the notice relates. S. 28B(3) amended by No. 87/1989 s. 10(e)(i)(ii). (3) The Authority may by notice of amendment in writing served on the occupier of any premises on whom an abatement notice under this section has been served— (a) extend the period if any for compliance with a requirement specified in the abatement notice where the Authority is satisfied that the circumstances of the case justify an extension of that period; or (b) revoke or amend any requirement specified in the abatement notice. S. 28B(4) amended by No. 87/1989 s. 10(f). (4) An abatement notice and any notice of amendment shall not take effect until a day specified in the abatement notice or notice of amendment being a day not less than 30 days after the day on which the abatement notice or notice of amendment is served. S. 28B(5) amended by Nos 87/1989 ss 7(g), 10(f), 23(a), 86/1990 s. 5(a)(b), 49/2000 s. 3(15)(Sch. item (5) (a)–(c)). (5) An occupier upon whom an abatement notice or notice of amendment has been served who contravenes a requirement in the notice shall be guilty of an indictable offence against this Act and liable to a penalty of not more than 2400 penalty units and in the case of a continuing offence to an additional daily penalty of not more than 1200 penalty units for each day upon which the
offence continues after conviction or after service by the Authority on that person of notice of contravention of this section. S. 29 repealed by No. 10092 s. 9(2). * * * * * S. 30 substituted by No. 10092 s. 9(3), amended by Nos 10160 s. 4(l), 10261 s. 14(a)–(c), substituted by No. 87/1989 s. 24. 30 Liability of licence holder (1) A licence holder is not liable to a penalty under this Act with respect to the discharge, emission or deposit of waste if the licence holder proves that the licence holder— S. 30(1)(a) amended by No. 87/1989 s. 14(c). (a) complied with the conditions to which the licence is subject with respect to the discharge, emission or deposit; and (b) complied with any requirement contained in a notice served under section 31; and (c) complied with any requirement contained in a notice served under section 31A or 31B; and (d) did not discharge or emit odours which are offensive to the senses of human beings in a residential area or in a public open space adjacent to a residential area. S. 30(2) amended by No. 87/1989 s. 14(c), substituted by No. 61/2006 s. 21. (2) A licence holder is not liable to a penalty under this Act with respect to the reprocessing, treatment, storage, containment, disposal or handling of waste if the licence holder proves that the licence holder— (a) complied with the conditions to which the licence is subject with respect to reprocessing, treatment, storage, containment, disposal and handling; and
S. 33(1) amended by Nos 9/1987 s. 9(Sch. 3 item 5.4), 52/1998 s. 311(Sch. 1 item 27.4 (a)(b)). (1) An applicant for a works approval whose interests are affected by the— (a) refusal of the Authority or a delegated agency to issue a works approval; or (b) failure of the Authority or a delegated agency to determine an application for a works approval within the period of time allowed under this Act— may within 21 days after the refusal or the expiration of the period of time allowed apply to the Tribunal for review of that refusal or failure. S. 33(2) amended by Nos 9/1987 s. 9(Sch. 3 item 5.4), 52/1998 s. 311(Sch. 1 item 27.4 (a)(b)). (2) An applicant for the transfer of a works approval whose interests are affected by the refusal of the Authority or a delegated agency to transfer the works approval may within 21 days after the refusal apply to the Tribunal for review of that refusal. S. 33(3) amended by Nos 9/1987 s. 9(Sch. 3 item 5.4), 52/1998 s. 311(Sch. 1 item 27.4 (a)(b)). (3) An applicant for a works approval or the transfer of a works approval whose interests are affected by any condition to which the issue of the works approval or the transfer is subject may within 21 days after the works approval is issued or transferred apply to the Tribunal for review of that condition. S. 33(3A) inserted by No. 92/1990 s. 128(Sch. 1 item 8.6). (3A) Subsection (3) does not apply to an applicant for a works approval or the transfer of a works approval if that works approval is— (a) issued— (i) on an application which is jointly advertised under section 20AA with a notice of preparation of an amendment to a planning scheme under the
S. 36C inserted by No. 20/1988 s. 9(5), substituted by No. 52/1998 s. 311(Sch. 1 item 27.16). 36C Reviews in respect of financial assurances under section 67B(7) A person whose interests are affected by a decision of the Authority under section 67B(7) may, within 21 days of the decision, apply to the Tribunal for review of the decision. S. 36D inserted by No. 52/1998 s. 311(Sch. 1 item 27.16). 36D Application for declaration (1) A person may apply to the Victorian Civil and Administrative Tribunal for a declaration concerning any matter which may be the subject of an application to that Tribunal under this Act. (2) On an application under subsection (1) the Tribunal may make any declaration it thinks appropriate in the circumstances. (3) The Tribunal's power to make a declaration under this section is exercisable only by a presidential member of the Tribunal. S. 36E inserted by No. 52/1998 s. 311(Sch. 1 item 27.16). 36E Parties not restricted to grounds previously notified A party in a proceeding for review under this Act is not restricted at the hearing of the proceeding to any grounds previously notified to the other parties (whether in the course of or before the proceeding) or the Tribunal. S. 37 substituted by No. 10092 s. 12(1) (as amended by No. 10160 s. 8(1)(f)(g)), amended by Nos 9/1987 s. 9(Sch. 3 item 5.13), 20/1988 s. 9(6)(a), 52/1998 s. 311(Sch. 1 item 27.17(a)). 37 Powers of Tribunal On a review under this Part the Tribunal, by order, may— (a) direct that a works approval shall or shall not be issued or transferred or be subject to a specified condition;
(3) A statutory declaration that complies with this section is admissible in any proceedings as evidence of the matters stated in it. S. 45J (Heading) amended by No. 68/2009 s. 97(Sch. item 50.14). S. 45J inserted by No. 37/2002 s. 40. 45J Notice to accompany infringement notice or using section 45G S. 45J(1) amended by Nos 61/2006 s. 51, 68/2009 s. 97(Sch. item 50.15). (1) A person who issues an infringement notice, or files a charge-sheet, against a person who is deemed guilty under section 45G(1) or 45G(2) must ensure that the infringement notice, or the charge-sheet, is accompanied by a notice under this section. (2) The notice must— (a) contain a copy of sections 45E, 45G, 45H and 45I; and (b) name the person giving the notice; and (c) contain that person's business address. Division 3—Offences concerning material that may become litter S. 45K inserted by No. 37/2002 s. 40. 45K Meaning of unsolicited document For the purposes of this Division, a document is unsolicited if it is deposited at a premises without being addressed by name to a person who owns or occupies the premises. S. 45L inserted by No. 37/2002 s. 40. 45L Unsolicited documents must be put in mailboxes etc.
(a) revoke or amend the requirement; or (b) extend the period within which the requirement must be complied with; or (c) waive a time limit imposed in relation to the requirement and impose a new time limit in relation to that requirement. (2) The revocation, amendment, extension or waiver must be made by the Authority by serving a written notice on the person on whom the requirement was imposed. (3) If a requirement imposed under section 49AF, 49AG or 49AH is amended less than 30 days before it is to be complied with, the Authority must extend the time limit applying to the requirement to ensure that the person who has to comply with it has at least 30 days within which to comply with it. (4) In the case of a requirement imposed under section 49AG, the Authority must not exercise any power conferred on it by this section in a way that discriminates between the members of the industry on whom the requirement was imposed. (5) Subsection (4) also applies to requirements imposed under section 49AH if those requirements arise from a statement produced in response to a requirement imposed under section 49AG. S. 49AM inserted by No. 37/2002 s. 5. 49AM Offence to fail to comply with Authority requirement (1) A person on whom a requirement is imposed by the Authority under section 49AF, 49AG or 49AH— (a) must comply with the requirement; and
Pt 9 Div. 2A (Heading and ss 50E–50QD) inserted by No. 99/1994 s. 28, amended by Nos 65/1996 ss 7–11, 49/2000 s. 18, 44/2001 s. 3(Sch. item 37.2), 37/2002 ss 11(n), 18–26, 108/2004 s. 117(1)(Sch. 3 item 68.8), 65/2005 s. 23(3), 61/2006 s. 44, 20/2008 s. 3, 58/2010 s. 48, 20/2014 s. 7, repealed by No. 20/2014 s. 20. * * * * * Pt 9 Div. 2B (Heading and ss 50R–50RE) inserted by No. 99/1994 s. 28, amended by Nos 65/1996 s. 12, 37/2002 s. 11(n)(s), 27–30, 65/2005 s. 23(3), repealed by No. 20/2014 s. 21. * * * * *
wastes in the light of the assessment made under paragraph (d) (if applicable); and S. 51A(2)(f) amended by No. 65/1996 s. 18(b)(ii). (f) provide for the person or association to give the Authority a report every 6 months on the progress made with respect to the implementation of the agreement; and (g) specify the period or periods for which it is to be in force. (3) The agreement may provide for any other incidental matter. S. 51B inserted by No. 53/1992 s. 4, amended by No. 65/1996 s. 18(c), substituted by No. 2/1999 s. 12. 51B Criteria to be satisfied before Authority enters into an agreement The Authority may enter into an industry waste reduction agreement with any person, or with any association representing an industry, to whom this Division applies who has submitted a draft industry waste reduction agreement that— (a) deals with all the matters listed in section 51A(2); and (b) the Authority is satisfied is consistent with any relevant policy and regulations; and (c) is in a form approved by the Authority. S. 51C inserted by No. 53/1992 s. 4. 51C Monitoring by the Authority (1) The Authority must monitor industry waste reduction agreements. (2) The monitoring must take into account the environmental, economic, commercial and social issues involved in the agreement and must seek, and take into account, the views of the public generally, local government and industry. S. 51C(3) repealed by No. 65/1996 s. 18(d). * * * * *
S. 53B substituted by No. 10261 s. 23, amended by Nos 20/1988 s. 9(3), 87/1989 ss 14(a), 39, substituted by No. 2/1999 s. 17 (as amended by No. 49/2000 s. 8(2)(3)). 53B Obligation of consignor of waste (1) A person must not cause or permit any prescribed waste or prescribed industrial waste to be transported on a highway from any premises or place owned or occupied by that person unless the vehicle used to transport the waste— (a) is authorised by a permit to transport prescribed industrial waste; or (b) the vehicle is exempted by the regulations from the requirement to be authorised by a permit to transport that waste. (1A) A person who contravenes subsection (1) is guilty of an indictable offence. 2400 penalty units. (2) It is a defence to a charge brought under subsection (1) if the person charged establishes that the person used all due diligence to prevent the contravention. S. 53C inserted by No. 10261 s. 23, amended by No. 87/1989 s. 14(b)(c), substituted by No. 2/1999 s. 17 (as amended by No. 49/2000 s. 8(2)(4) (ILA s. 39B(1)). 53C Obligation to record and notify (1) A person who does all or any of the following— (a) causes or permits prescribed industrial waste to be transported from any premises or place occupied by that person; or (b) transports on a highway any prescribed industrial waste; or (c) receives prescribed industrial waste at any premises or place— must comply with any of the regulations applying to that person which require the identification of the waste, the making and keeping of records about the waste or the movement of the waste, the
(5) Without limiting any other power of the Authority, the Authority may refuse to issue, renew or transfer a permit unless the applicant provides the Authority with a financial assurance satisfactory to the Authority in accordance with section 67B. S. 53G inserted by No. 10261 s. 23, substituted by No. 2/1999 s. 17. 53G Fees S. 53G(1) amended by No. 20/2014 s. 23(1). (1) The Authority may charge the fees prescribed by the regulations for applications for the issue, transfer and variation of permits and for the renewal of permits. S. 53G(1A) inserted by No. 20/2014 s. 23(2). (1A) A fee for the issue or renewal of a permit to transport prescribed waste or prescribed industrial waste must be paid— (a) in advance as a lump sum constituted of the fees for each year of the permit; or (b) as an annual fee for each year of the permit. (2) An application fee must not exceed 200 fee units. (3) An annual fee for a permit must not exceed 200 fee units in respect of each vehicle to which the permit applies. S. 53H inserted by No. 10261 s. 23, repealed by No. 2/1999 s. 17. * * * * *
S. 53MB inserted by No. 86/1990 s. 10(1), amended by No. 49/2000 s. 3(15)(Sch. item (29)). 53MB Approval of septic tank system A septic tank system must not be used until the municipal council has inspected the septic tank system and issued a certificate approving its use. 120 penalty units. S. 53N inserted by No. 48/1988 s. 40(1) (as amended by No. 87/1989 s. 65(a)). 53N Maintenance of septic tank systems An occupier of premises on which a septic tank is located must maintain it in accordance with the requirements specified in the permit issued by the municipal council for that septic tank system. 10 penalty units. S. 53O inserted by No. 48/1988 s. 40(1) (as amended by No. 87/1989 s. 65(a)). 53O Annual return (1) The municipal council must, in respect of each financial year, lodge with the Authority an annual return in the month of July each year containing the following particulars— (a) the number of permits issued for septic tank systems; (b) the number of septic tank systems disconnected; (c) the number of septic tank systems inspected; (d) the number of septic tank systems which have been in use within the municipality during the financial year. (2) A municipal council is exempted from complying with subsection (1) if during the financial year— (a) the council has not issued any permits for septic tank systems; and (b) there have been no septic tank systems disconnected, inspected or in use in the municipality.
S. 55A inserted by No. 8823 s. 5, amended by No. 10092 s. 24(2)(a). 55A Authority may require vehicle or ship to be made available for testing S. 55A(1) amended by No. 10261 s. 26(a). (1) The Authority may by notice in writing served upon any person being the registered owner of or apparently in lawful possession of any vehicle or ship require him to make the vehicle or ship available as required by the notice for the making of any inspection measurement or test by an authorized officer in order to determine whether the vehicle or ship complies with any provision of this Act. S. 55A(2) amended by Nos 9803 s. 8(a)–(c), 10092 s. 24(2)(b), 10261 s. 26(b). (2) Any such notice shall state the time (being in the case of a new vehicle not less than seven days and in the case of any other vehicle or a ship not less than fourteen days after the time at which the notice is served) and the place (being, in the case of a vehicle other than a vehicle intended for sale as a new vehicle not more than 50 kilometres from the address at which the vehicle is registered in the case of a ship ordinarily kept afloat at some place, that place, and in the case of any other ship, not more than 50 kilometres from the place at which the ship is ordinarily kept travelling by a convenient route and using suitable means) at which the vehicle or ship is to be made available and the period (being, in the case of a vehicle intended for sale as a new vehicle, forty-eight hours, and in the case of any other vehicle one hour, and in the case of a ship, three hours) for which it is to be required. S. 55A(3) amended by Nos 10092 s. 24(2)(c), 87/1989 s. 10(k). (3) The Authority may upon the request of the person upon whom the notice is served amend in writing the requirements of the notice as to the time or place at which the vehicle or ship is to be made available or the period for which it is to be
required, but not so as to require anything to be done by the person without his consent which the notice might not have required originally. S. 55A(4) amended by Nos 9758 s. 10, 87/1989 s. 7(k), 86/1990 s. 5(h)(i), 49/2000 s. 3(15)(Sch. item (32)(a) (b)), 68/2009 s. 97(Sch. item 50.20). (4) A person who contravenes any such notice shall be guilty of an offence against this Act and liable to a penalty of not more than 60 penalty units and to a daily penalty of not more than 15 penalty units for each day during which the offence continues after conviction or after service by the Authority or a protection agency on the accused of notice of contravention of the provisions of this section (whichever is the earlier). S. 55A(5) inserted by No. 87/1989 s. 43, amended by Nos 86/1990 s. 5(g), 49/2000 s. 3(15)(Sch. item (33)). (5) If a person contravenes a notice under subsection (1) the vehicle or ship in respect of which the notice is served is prohibited from being used or sold on or after the time specified in the notice as the time that the vehicle or ship was to be made available for inspection, measurement or test. 60 penalty units. S. 55A(6) inserted by No. 87/1989 s. 43. (6) Subsection (5) does not apply to or in relation to the use of the vehicle or ship in connection with the making of any repairs or the making available of the vehicle or ship for inspection, measurement or test. S. 55AB inserted by No. 10261 s. 27. 55AB Appointment of approved testers (1) The Authority may appoint any person to be an approved tester subject to any conditions the Authority considers appropriate and may at any time revoke the appointment. (2) An approved tester— S. 55AB(2)(a) amended by No. 127/1986 s. 102(Sch. 4 item 8.5). (a) may make any inspection, measurement or test in relation to a motor vehicle in order to determine whether the motor vehicle complies with this Act; and
S. 55AC(3A) inserted by No. 22/1987 s. 16(c). (3A) It is a defence to a prosecution for an offence under subsection (3) if the person charged shows that the person had advised the Authority in writing before the date specified in the notice under subsection (1) that the motor vehicle would not be used after the specified date except for the purpose of obtaining a certificate of compliance. S. 55AC(4) amended by Nos 127/1986 s. 102(Sch. 4 item 8.5), 22/1987 s. 16(d). (4) If a certificate of compliance is not lodged with the Authority a motor vehicle affected by a notice under subsection (1) must not be used after the date specified in the notice except for the purpose of obtaining a certificate of compliance. S. 55AC(5) amended by No. 49/2000 s. 3(10). (5) Any person who— S. 55AC(5)(a) amended by No. 127/1986 s. 102(Sch. 4 item 8.5). (a) knows that a motor vehicle is affected by a notice under subsection (1); and S. 55AC(5)(b) amended by Nos 127/1986 s. 102(Sch. 4 item 8.5), 87/1989 s. 44(a). (b) uses the motor vehicle in contravention of subsection (4)— is guilty of an offence against this Act. 60 penalty units. S. 55AC(6) amended by Nos 127/1986 s. 102(Sch. 4 item 8.5), 87/1989 s. 30(k), 49/2000 s. 3(10). (6) A person who without permission in writing from the Authority sells any motor vehicle affected by a notice under subsection (1) before— S. 55AC(6)(a) amended by No. 127/1986 s. 102(Sch. 4 item 8.5). (a) an authorized officer has determined that the motor vehicle complies with the provisions of this Act specified in the notice; or
(7) Subsection (5) does not affect the validity of a contract of sale made in contravention of that subsection. S. 55C(8) amended by Nos 86/1990 s. 5(k), 49/2000 s. 3(15)(Sch. item (36)). (8) A person other than an authorised officer who removes alters or defaces a label affixed to a vehicle under this section is guilty of an offence. 60 penalty units. S. 55D inserted by No. 10092 s. 15(7), substituted by No. 10261 s. 26(c), amended by Nos 127/1986 s. 102(Sch. 4 item 8.6), 52/1988 s. 161(Sch. 6 item 2.3), repealed by No. 87/1989 s. 46. * * * * * 56 Giving name and address (1) Any person found offending against any of the provisions of this Act shall on demand by an authorized officer give his name and place of residence. S. 56(2) amended by Nos 9758 s. 2, 86/1990 s. 5(g), 37/2014 s. 10(Sch. item 56.3). (2) Any person reasonably suspected of committing an offence against this Act who refuses to give his name and place of residence upon demand by an authorized officer or police officer or who gives a false name or place of residence shall be guilty of an offence. 20 penalty units.
S. 56(3) amended by No. 37/2014 s. 10(Sch. item 56.3). (3) Any police officer may assist an authorized officer in the execution of his duty. Pt 10 Div. 3 (Heading) inserted by No. 49/2000 s. 23(c). Division 3—Evidentiary and other legal matters S. 57 amended by Nos 8823 s. 6(a)(i)(ii)(b), 9207 s. 11(1)(2), 9427 s. 6(1)(Sch. 5 item 54), substituted by No. 10092 s. 22(1), amended by Nos 10261 s. 29(1), 87/1989 s. 47(a). 57 Authorized officers and analysts S. 57(1) amended by No. 7/2001 s. 13(1)(a). (1) The Authority may appoint any person to be an authorized officer or analyst for the purposes of this Act. S. 57(2) amended by No. 7/2001 s. 13(1)(a). (2) The Authority shall issue to every authorized officer or analyst an authority in writing bearing a signed photograph of the officer. S. 57(3) amended by No. 7/2001 s. 13(1)(b). (3) An authorized officer or analyst shall if requested to do so on applying for admission to any premises or place where an authorized officer or analyst is empowered to enter by this Act produce the authority in writing.
(a) upon offences against this Act detected and recorded by the monitoring or other equipment or installations; and (b) stating the information supplied by that equipment or those installations and the officer's evaluation of that information. S. 57A(4) inserted by No. 87/1989 s. 49, amended by No. 37/2014 s. 10(Sch. item 56.3). (4) An authorised officer or a police officer who observes or inspects a motor vehicle may sign a report to the effect that— (a) a motor vehicle did not comply with a provision of this Act; or (b) a motor vehicle was used on a highway; or (c) a person was the driver of a motor vehicle. S. 57A(5) inserted by No. 87/1989 s. 49, amended by Nos 61/2006 s. 56, 37/2014 s. 10(Sch. item 56.3). (5) A police officer or an officer authorised under section 13 of the Road Safety Act 1986 who stopped a motor vehicle may sign a report to the effect that the police officer or the officer lawfully stopped the motor vehicle which was being used on a highway. S. 57B inserted by No. 37/2002 s. 43. 57B Certificate concerning ownership of vehicle In proceedings against the registered owner of a vehicle, a certificate from the Roads Corporation or the Director of Marine Safety, or from a corresponding person or body in another State or in a Territory of the Commonwealth, stating that a person was the owner of a vehicle on a specified date is evidence that that person was the registered owner of the vehicle on that date. S. 57C inserted by No. 37/2002 s. 43. 57C Certificate concerning litter offences (1) In proceedings under Part VIIA, a certificate given by a litter authority stating— (a) that a specified person is, or was on a specified date, a litter enforcement officer appointed by the authority; or
(2) Notwithstanding the rule against hearsay the results of any analysis based on any analytical techniques which by their nature infringe the rule against hearsay are admissible in evidence in any proceedings under this Act. S. 59AB(3) inserted by No. 20/1988 s. 16. (3) Each attribute of a sample taken for any purpose under this Act is presumed not to be materially affected by its method of storage or preservation unless evidence to the contrary is presented. S. 59AB(4) inserted by No. 20/1988 s. 16. (4) A finding by a court that an attribute of a sample was materially affected by its method of storage or preservation does not displace the presumption in relation to the other attributes of the sample. S. 59AB(5) inserted by No. 87/1989 s. 51(b). (5) In any proceedings for an offence relating to the failure of a motor vehicle to comply with this Act, evidence that the motor vehicle was found upon inspection, measurement or test made by an authorised officer not more than 6 weeks after the date of the alleged offence not to comply with any standard prescribed for the purposes of this Act is, in the absence of evidence to the contrary, proof of that non-compliance. S. 59AB(6) inserted by No. 7/2001 s. 21. (6) Notwithstanding the rule against hearsay, a transport certificate relating to the transport of prescribed industrial waste shall be admissible in evidence in any proceedings under this Act and shall be prima facie evidence of the matters stated therein. S. 59AC inserted by No. 87/1989 s. 52, amended by No. 37/2002 s. 45(2)(a). 59AC Appearance in proceedings for an offence If in any proceedings (whether summary or not) in a court for an offence against this Act the informant is a person authorised to take the proceedings under section 59 he or she may appear— (a) personally; or
S. 59AC(b) amended by Nos 35/1996 s. 453(Sch. 1 item 26), 18/2005 s. 18(Sch. 1 item 37), 17/2014 s. 160(Sch. 2 item 37). (b) by an Australian legal practitioner or other person empowered by law to appear for him or her; or S. 59AC(c) amended by Nos 37/2002 s. 45(2)(b), 37/2014 s. 10(Sch. item 56.3). (c) in the case of an informant who is a police officer, by a police prosecutor; or S. 59AC(d) inserted by No. 37/2002 s. 45(2)(b), amended by No. 61/2006 s. 57. (d) by a person authorised by the Authority to appear on behalf of informants in proceedings under this Act. S. 59AD inserted by No. 61/2006 s. 58. 59AD Summary jurisdiction in indictable offences S. 59AD(1) amended by No. 68/2009 s. 97(Sch. item 50.25). (1) Part 3.1 of Chapter 3 of the Criminal Procedure Act 2009 enabling the hearing of a charge for certain indictable offences in a summary way has effect with respect to indictable offences under this Act, subject to this section. S. 59AD(2) amended by No. 68/2009 s. 97(Sch. item 50.26(a)). (2) Any consent required by Part 3.1 of Chapter 3 of the Criminal Procedure Act 2009 to be given by the person charged may, in the absence of that person, be given on that person's behalf by— S. 59AD(2)(a) repealed by No. 68/2009 s. 97(Sch. item 50.26(b)). * * * * *
S. 59D inserted by No. 9803 s. 10, amended by No. 10092 s. 29(3)(b), repealed by No. 10160 s. 4(r), new s. 59D inserted by No. 10261 s. 31(1), amended by Nos 86/1990 s. 5(a), 49/2000 s. 3(15)(Sch. item (40)(a) (b)). 59D Offence relating to false information A person who— (a) intentionally or negligently provides incorrect or misleading information to or conceals information from the Authority or an authorized officer; or (b) intentionally or negligently provides incorrect or misleading information or conceals information concerning the properties or hazards of industrial waste thereby endangering human beings or the environment or adversely affecting the operation of any plant or equipment used to treat or dispose of industrial waste— is guilty of an indictable offence. 2400 penalty units. S. 59E inserted by No. 20/1988 s. 17(1), amended by Nos 87/1989 s. 53, 86/1990 ss 5(l), 11. 59E Offence of aggravated pollution A person who intentionally, recklessly or negligently pollutes the environment or intentionally, recklessly or negligently causes or permits an environmental hazard which results in— (a) serious damage to the environment; or (b) a serious threat to public health; or (c) a substantial risk of serious damage to the environment; or
S. 62(11) inserted by No. 20/1988 s. 19. (11) A notice must— (a) be in writing; and (b) be served by— (i) displaying a copy of the notice on the property (if this is possible); and (ii) publishing a copy of the notice once in a newspaper circulating generally in the area in which the property is located and once in a newspaper circulating throughout — not less than 1 month before the intended sale. S. 62(11A) inserted by No. 85/1998 s. 24(Sch. item 21.6). (11A) If the land to be sold is not under the Transfer of Land Act 1958, it must be brought under that Act before it is sold. S. 62(12) inserted by No. 20/1988 s. 19, amended by No. 85/1998 s. 24(Sch. item 21.7). (12) Section 77 of the Transfer of Land Act 1958 applies to the sale as if— (a) the charge were a registered first mortgage registered in priority to other registered encumbrances; and (b) the Authority were a mortgagee under that mortgage; and (c) the owner of the land were a mortgagor under that mortgage; and (d) the requirement relating to the giving of notice were deleted; and (e) subsection (3)(d) were deleted. S. 62(13) inserted by No. 20/1988 s. 19, repealed by No. 85/1998 s. 24(Sch. item 21.8). * * * * *
S. 62C inserted by No. 20/1988 s. 21(3). 62C Presumption that occupier caused discharge etc. If any segment or element of the environment is polluted as a result of a discharge, emission or deposit of any substance from or on any premises on which there is conducted any commercial or industrial undertaking, the occupier of the premises is deemed to have polluted that segment or element of the environment unless the occupier proves that the discharge, emission or deposit was unrelated to the commercial or industrial undertaking. S. 63 amended by Nos 8277 s. 11(1)(2), 8823 s. 10, 9098 s. 17, 9207 s. 13, 10092 ss 22(5), 26, 16/1986 s. 30, substituted by No. 20/1988 s. 21(3). 63 Owner and master of ship each guilty of pollution from ship If an offence is committed against this Act with respect to the discharge or emission of wastes or pollutants or noise from any ship, the owner and the master of the ship are each guilty of the offence. S. 63A inserted by No. 10092 s. 27, amended by No. 10160 s. 4(m)(t), substituted by No. 20/1988 s. 22, repealed by No. 61/2006 s. 61. * * * * *
S. 70D inserted by No. 37/2002 s. 36, substituted by Nos 54/2010 s. 71, 20/2014 s. 29. 70D General Landfill Levy Account (1) Within the Environment Protection Fund, the Authority must maintain an account known as the General Landfill Levy Account. (2) The Authority must credit to the General Landfill Levy Account all amounts paid into the Environment Protection Fund under section 70(3)(aba). (3) This section does not affect the operation of section 70(7). S. 70E inserted by No. 65/2005 s. 25, substituted by No 54/2010 s. 71, amended by No. 78/2012 s. 21, substituted by No. 20/2014 s. 29. 70E Municipal and Industrial Landfill Levy Trust Account (1) The Department of Environment and Primary Industries must establish and maintain an account called the Municipal and Industrial Landfill Levy Trust Account. (2) The Authority must credit to the Municipal and Industrial Landfill Levy Trust Account any amount standing to the credit of the General Landfill Levy Account at the end of each quarter by the 15th day of the following quarter. (3) Money paid into the Municipal and Industrial Landfill Levy Trust Account may only be applied by paying an amount to one or more of the following bodies— (a) the Authority; (b) Sustainability Victoria; (c) a Waste and Resource Recovery Group; (d) a public entity or other body established for public purposes to be used for environment assessment, protection, restoration or improvement purposes.
S. 71(1)(fab) inserted by No. 54/2010 s. 72. (fab) prohibiting or regulating the emission or discharge of greenhouse gas substances into the environment; S. 71(1)(fac) inserted by No. 54/2010 s. 72. (fac) prescribing standards for the emission or discharge of greenhouse gas substances into the environment, including emission intensity standards and maximum levels of emissions of greenhouse gas substances; S. 71(1)(fad) inserted by No. 54/2010 s. 72. (fad) prescribing the conditions under which greenhouse gas substances may be emitted or discharged into the environment; S. 71(1)(fb) inserted by No. 9207 s. 14(b), repealed by No. 10092 s. 30(b). * * * * * S. 71(1)(fc) inserted by No. 9207 s. 14(b), substituted by No. 10092 s. 30(c), amended by No. 30/1989 s. 5(b)(i)(ii). (fc) requiring any goods, equipment, facility, instrument, device, machinery, plant or vehicle or the packaging thereof to be fitted or marked with a plate, label or other marking and prescribing the manner in which the plate, label or other marking is to be fitted or marked; S. 71(1)(fca) inserted by No. 10037 s. 6(b). (fca) requiring the display in or upon, or the affixing to— (i) vehicles; or (ii) equipment and fittings used for or in connexion with the dispensing of fuel— of plates, labels or markings to indicate that a vehicle, equipment or machinery is required to operate with, or to use, specified fuels, or to indicate that a vehicle, equipment or machinery complies with this Act or provisions of this Act, including prescribing the design, construction,
Sch. D inserted by No. 53/1992 s. 9(b), amended by GG 7.3.96 p. 663, No. 65/1996 s. 24(2)(d)(e), repealed by No. 65/1996 s. 23, new Sch. D inserted by No. 37/2002 s. 32(2), amended by No. 61/2006 s. 54(4), substituted by Nos 20/2010 s. 3, 25/2011 s. 3, amended by No. 20/2014 s. 12. Date when waste is deposited Amount payable for each tonne deposited (in dollars) Schedule C Premises Non-Schedule C Premises Municipal waste Industrial waste Municipal waste Industrial waste on or after 1 July 2011 and before 1 July 2012 44 44 22 38.50 on or after 1 July 2012 and before 1 July 2013 48.40 48.40 24.20 42.40 on or after 1 July 2013 and before 1 July 2014 53.20 53.20 26.60 46.60 on or after 1 July 2014 and before 1 July 2015 58.50 58.50 29.30 51.30 Sch. DA inserted by No. 20/2014 s. 13. 1 2015 Date when waste is deposited Amount payable for each tonne deposited (in fee units) Schedule C Premises Non-Schedule C Premises Municipal waste Industrial waste Municipal waste Industrial waste on or after 1 July 2015 4.45 4.45 2.23 3.90
Assent Date: 11.5.04 Commencement Date: S. 14 on 1.7.04: s. 2(2) : This information relates only to the provision/s amending the Environment Protection Act 1970 Planning and Environment (General Amendment) Act 2004, No. 81/2004 Assent Date: 16.11.04 Commencement Date: S. 47 on 23.5.05: Government Gazette 19.5.05 p. 930 : This information relates only to the provision/s amending the Environment Protection Act 1970 Occupational Health and Safety Act 2004, No. 107/2004 Assent Date: 21.12.04 Commencement Date: S. 179 on 1.7.05: s. 3(1) : This information relates only to the provision/s amending the Environment Protection Act 1970 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 68) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Environment Protection Act 1970 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 37) on 12.12.05: Government Gazette 1.12.05 p. 2781 : This information relates only to the provision/s amending the Environment Protection Act 1970 Radiation Act 2005, No. 62/2005 Assent Date: 20.9.05 Commencement Date: S. 142 on 1.9.07: s. 2(2) : This information relates only to the provision/s amending the Environment Protection Act 1970 Sustainability Victoria Act 2005, No. 65/2005 Assent Date: 20.9.05 Commencement Date: Ss 23–25 on 1.10.05: Government Gazette 29.9.05 p. 2171 : This information relates only to the provision/s amending the Environment Protection Act 1970 Water (Resource Management) Act 2005, No. 99/2005 Assent Date: 7.12.05 Commencement Date: S. 72 on 3.8.06: Special Gazette (No. 191) 2.8.06 p. 1 : This information relates only to the provision/s amending the Environment Protection Act 1970 Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006