authorized means authorized in writing by the Authority either generally or specially; S. 4(1) def. of authorized officer substituted by No. 10092 s. 5(1)(b). authorized officer means a person appointed under this Act as an authorized officer for the purposes of this Act; S. 4(1) def. of Barwon South West Waste and Resource Recovery Group inserted by No. 20/2014 s. 3(1). Barwon South West Waste and Resource Recovery Group means the Waste and Resource Recovery Group established for the Barwon South West Waste and Resource Recovery Region; S. 4(1) def. of Barwon South West Waste and Resource Recovery Region inserted by No. 20/2014 s. 3(1). Barwon South West Waste and Resource Recovery Region means the region that consists of the municipal districts of the following councils— (a) Borough of Queenscliffe Council; (b) Colac-Otway Shire Council; (c) Corangamite Shire Council; (d) Glenelg Shire Council; (e) Greater Geelong City Council; (f) Moyne Shire Council; (g) Southern Grampians Shire Council; (h) Surf Coast Shire Council; (i) Warrnambool City Council; S. 4(1) def. of beneficial use amended by No. 8823 s. 2(1)(a), substituted by No. 10092 s. 5(1)(c). beneficial use means a use of the environment or any element or segment of the environment which— (a) is conducive to public benefit, welfare, safety, health or aesthetic enjoyment and which requires protection from the
effects of waste discharges, emissions or deposits or of the emission of noise; or (b) is declared in State environment protection policy to be a beneficial use; S. 4(1) def. of Board repealed by No. 9512 s. 2(1). * * * * * S. 4(1) def. of certificate of environmental audit inserted by No. 87/1989 s. 4(b). certificate of environmental audit means a certificate issued by an environmental auditor certifying that the condition of the segment of the environment specified in the certificate is not or is not potentially detrimental to any beneficial use of that segment; S. 4(1) def. of Chairman inserted by No. 10092 s. 5(1)(d). Chairman means the Chairman of the Authority appointed under section 6; S. 4(1) def. of chemical substance inserted by No. 9803 s. 2. chemical substance means any organic or inorganic substance, whether liquid, solid or gaseous, used for any commercial, industrial or domestic purpose because of its chemical properties; S. 4(1) def. of classified area repealed by No. 10160 s. 4(d). * * * * * S. 4(1) def. of clean up inserted by No. 20/1988 s. 5(a), amended by No. 87/1989 s. 4(c). clean up includes any measures— (a) to remove, disperse, destroy, dispose of, abate, neutralize or treat any pollutant, waste, substance, environmental hazard or noise; and
S. 4(1) def. of IBAC inserted by No. 82/2012 s. 174, amended by No. 82/2012 s. 308(b). IBAC means the Independent Broad-based Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011; S. 4(1) def. of IBAC personnel inserted by No. 82/2012 s. 174. IBAC personnel has the same meaning as it has in the Victorian Inspectorate Act 2011; S. 4(1) def. of industrial plant inserted by No. 10092 s. 5(1)(h). industrial plant means— (a) any plant or equipment used for the manufacturing, processing, handling, transport, storage or disposal of materials (including raw materials, materials in the process of manufacture, manufactured materials, by-products and waste materials) in or in connection with any trade, industry or process; or (b) any plant or equipment of a prescribed class or description— but does not include fuel burning equipment or a motor vehicle; S. 4(1) def. of industrial waste inserted by No. 10261 s. 5(a)(iii). industrial waste means— (a) any waste arising from commercial, industrial or trade activities or from laboratories; or (b) any waste containing substances or materials which are potentially harmful to human beings or equipment;
S. 4(1) def. of motor boat inserted by No. 10092 s. 5(1)(k), substituted by No. 52/1988 s. 161(Sch. 6 item 2.1), repealed by No. 65/2010 s. 420(Sch. 3 item 6.2(b)). * * * * * S. 4(1) def. of motor car inserted by No. 10092 s. 5(1)(k), repealed by No. 127/1986 s. 102(Sch. 4 item 8.1(b)). * * * * * S. 4(1) def. of motor vehicle inserted by No. 127/1986 s. 102(Sch. 4 item 8.1(b)). motor vehicle has the same meaning as in the Road Safety Act 1986; S. 4(1) def. of municipal waste inserted by No. 37/2002 s. 9(c). municipal waste means any waste arising from municipal or residential activities, and includes waste collected by, or on behalf of, a municipal council, but does not include any industrial waste; S. 4(1) def. of National Environment Protection Council inserted by No. 10/1995 s. 69. National Environment Protection Council means the National Environment Protection Council established by section 8 of the National Environment Protection Council (Victoria) Act 1995;
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 (b) a permit to construct, install or alter a septic tank system issued under Part IXB; S. 4(1) def. of person who undertakes the scheduled activity inserted by No. 61/2006 s. 34, repealed by No. 20/2014 s. 14(2). * * * * *
environment or any portion or segment of the environment by a particular activity; S. 13(1)(cd) inserted by No. 37/2002 s. 3. (cd) to promote continuing— (i) improvements in the efficiency with which resources are used, having regard to the principles of environment protection, in industrial enterprises and processes; and (ii) reductions in the ecological impacts of industrial enterprises and processes; S. 13(1)(ce) inserted by No. 61/2006 s. 35, repealed by No. 20/2014 s. 15(1). * * * * * S. 13(1)(d) amended by Nos 8823 s. 2(1)(c), 10092 s. 6(2)(a), 10261 s. 6(c), 87/1989 s. 25, 49/2000 s. 11(7)(a), 61/2006 s. 4(1)(a). (d) by the issue of works approvals, licences, permits, pollution abatement notices, minor works pollution abatement notices, research, development and demonstration approvals and notices under section 28B, to control the environmental impacts of activities which create a state of potential danger to the environment and to control the volume, types, constituents and effects of waste discharges, emissions, deposits, or other sources of pollutants and of substances which are a danger or a potential danger to the quality of the environment or any segment of the environment and the generation, storage, reprocessing, treatment, transport, containment and disposal of waste and to control the volume intensity and quality of noise; S. 13(1)(da) inserted by No. 10261 s. 6(d). (da) to control the use of notifiable chemicals;
Gazette declare the environment protection policy to be observed with respect to the environment generally or in any portion or portions of Victoria or with respect to any element or elements or segment or segments of the environment. S. 16(1A) inserted by No. 10261 s. 7(a), repealed by No. 37/2002 s. 11(b). * * * * * S. 16(1B) inserted by No. 53/1992 s. 6(1). (1B) The Governor in Council may, by Order, declare State environment protection policy with respect to the removal, disposal or reduction of litter in the environment. S. 16(1C) inserted by No. 2/1999 s. 3. (1C) The Governor in Council, on the recommendation of the Authority, by Order published in the Government Gazette, may declare State environment protection policy with respect to the re-use and recycling of substances. S. 16(2) amended by No. 10261 s. 7(b). (2) Any Order made by the Governor in Council under this section may by Order of the Governor in Council published in the Government Gazette be revoked or varied. S. 16A inserted by No. 37/2002 s. 10. 16A Waste management policy (1) For the purposes of this Act the Governor in Council may, on the recommendation of the Authority, by Order published in the Government Gazette declare the waste management policy to be observed with respect to any aspect of the management of waste in , including with respect to— S. 16A(1)(a) amended by No. 61/2006 s. 4(2). (a) the generation, storage, reprocessing, treatment, transport, containment and disposal, and generally the handling, of waste;
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— for the purposes of determining whether the beneficial uses of that segment of the environment are being protected.
(iv) that any person or body interested in the application may within 21 days of the publication of the notice comment in writing on the application; and S. 19B(3)(b)(v) amended by Nos 22/1987 s. 7(a)(i)(ii), 87/1989 s. 11(1)(a)(i)(ii). (v) that any person or body interested in the application may ask the Authority in writing to be notified if the Authority issues a works approval. S. 19B(3A) inserted by No. 45/1987 s. 205(Sch. item 19(b)). (3A) A responsible authority to which a copy of an application is referred under subsection (3) must make a copy of the application and a copy of all accompanying documents available at its office for any person to inspect free of charge. S. 19B(3B) inserted by No. 20/1994 s. 8(1). (3B) If an application for a works approval is to be jointly advertised under section 20AA with a notice relating to the same proposal under the Environment Effects Act 1978 this section applies as if— (a) in subsection (3)(b) for subparagraphs (iv) and (v) there were substituted the following subparagraph— "(iv) that comments by any person or body interested in the application must be made as a submission on the environment effects statement or be included in any submission on the environment effects statement;"; (b) subsections (6) and (6A) were repealed. S. 19B(4) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1), 11/2002 s. 3(Sch. 1 item 22), 29/2010 s. 38. (4) The Secretary to the Department of Health and any protection agency to which a copy of an application for a works approval has been referred under subsection (3)(a) may within 21 days from the day upon which the copy was sent submit a written report to the Authority which may include any objections or recommendations in relation to the application.
accordance with subsection (3)(b)(iv) hold a conference in accordance with section 20B. S. 19B(6A) inserted by No. 22/1987 s. 7(b), substituted by No. 87/1989 s. 11(1)(b). (6A) If the Authority receives requests under subsection (3)(b)(v), the Authority must notify the people and bodies who made the requests that it has issued a works approval by— (a) sending notice of the issue 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 (b) publishing notice of the issue in a newspaper circulating generally throughout . S. 19B(7) amended by No. 20/1994 s. 8(2). (7) The Authority shall not later than 4 months after receiving an application for a works approval— (a) refuse to issue a works approval; or (b) issue a works approval subject to such conditions as the Authority considers appropriate and which conditions shall be specified in the works approval. S. 19B(7A) inserted by No. 45/1987 s. 205(Sch. item 19(e)), amended by No. 87/1989 s. 12. (7A) If a planning scheme requires a permit to be obtained under the Planning and Environment Act 1987 for the proposed works and a permit has not been issued, any works approval issued by the Authority for the proposed works must be issued subject to a condition that the approval does not take effect until a copy of the permit is served on the Authority by the applicant. S. 19B(7B) inserted by No. 45/1987 s. 205(Sch. item 19(e)). (7B) Any works approval issued in contravention of subsection (5)(c) or (7A) is void.
(5) The Authority shall not deal with an application which— (a) does not comply with subsection (4); or S. 20(5)(b) amended by No. 22/1987 s. 8(a). (b) except as provided in subsection (7C) relates to a matter in respect of which— (i) a works approval has been obtained and, in the opinion of the Authority, the works have not been satisfactorily completed in accordance with that works approval; or (ii) a works approval is required to be obtained and has not been obtained and the works have not been completed or substantially completed— and shall advise the applicant accordingly. S. 20(6) amended by No. 22/1987 s. 9(a). (6) Where the Authority receives an application under this section which relates to a matter in respect of which a works approval is not required except an application referred to in subsection (8C), the Authority shall not later than 60 days after receiving the application— (a) refuse to issue a licence; or S. 20(6)(b) amended by No. 87/1989 s. 14(a). (b) issue a licence subject to such conditions as the Authority considers appropriate. S. 20(7) amended by No. 87/1989 s. 14(a). (7) Where the Authority receives an application under this section which relates to a matter in respect of which a works approval has been obtained and, in the opinion of the Authority, the works have been satisfactorily completed in accordance with the works approval the Authority shall not later than 21 days after receiving the application issue a licence subject to such conditions which are not inconsistent with any conditions specified in the
(b) make an administrative change to the format of a licence which does not alter the obligations of the licence holder; (c) delete any discharge point which is no longer in use; or (d) make any amendment to a licence as a result of an exemption under the regulations. S. 20(11) inserted by No. 87/1989 s. 15(b). (11) If there are 2 or more licences under this section in respect of the same premises, the Authority may— (a) amalgamate the licences into one licence; and (b) revoke the original licences. S. 20(11A) inserted by No. 61/2006 s. 8(4). (11A) If a licence holder holds 2 or more licences under this section, the Authority may on the application of the licence holder— (a) amalgamate the licences into one licence; and (b) revoke the original licences. S. 20(12) inserted by No. 87/1989 s. 15(b), amended by No. 61/2006 s. 8(5). (12) The date on which licences are amalgamated is deemed, for the purposes of section 24(1), to be the date on which the amalgamated licence was issued. S. 20(13) inserted by No. 87/1989 s. 15(b). (13) If a licence is amalgamated before the anniversary of the day on which it was originally issued, the part of the fee which was paid for the licence which relates to the period between the amalgamation date and the anniversary of the day on which it was originally issued is to be credited towards the licence fees which become due and payable on the amalgamation date.
S. 20A(3)(b) amended by No. 87/1989 s. 16(a). (b) except as provided in subsection (5C) relates to a matter in respect of which— (i) a works approval has been obtained and, in the opinion of the Authority, the works have not been satisfactorily completed in accordance with that works approval; or (ii) a works approval is required to be obtained and has not been obtained and the works have not been completed or substantially completed— and shall advise the applicant accordingly. S. 20A(4) amended by No. 10261 s. 9(4), substituted by No. 22/1987 s. 10, amended by No. 87/1989 s. 14(a). (4) Where the Authority receives an application under this section which relates to a matter in respect of which a works approval is not required, the Authority shall not later than 60 days after receiving the application— (a) refuse to amend the licence; or (b) amend the licence subject to any conditions that the Authority considers appropriate. S. 20A(5) amended by No. 87/1989 s. 14(a). (5) Where the Authority receives an application under this section which relates to a matter in respect of which a works approval has been obtained and, in the opinion of the Authority, the works have been satisfactorily completed in accordance with the works approval, the Authority shall not later than 21 days after receiving the application amend the licence subject to such conditions which are not inconsistent with any conditions specified in the works approval as the Authority considers appropriate. (5A) Where the Authority receives an application following the issue of a works approval and the applicant subsequently notifies the Authority that the works have been satisfactorily completed in accordance with the works approval, the Authority
S. 22(1)(b) amended by No. 10261 s. 11(2). (b) participate in and where the Authority considers it appropriate bear the cost of a course of study as specified in the notice to enable the Authority to assess the likely effects of any discharge, emission or deposit of waste into the environment or of the reprocessing, treatment, storage or disposal of prescribed industrial waste on the environment. (2) Where an applicant does not comply with a notice served under subsection (1) within the period of time specified in the notice any time limit imposed by this Act on the Authority in respect of that application shall be extended by the period of time after the expiry of that period for which the applicant continues that failure to comply. S. 23 substituted by No. 10092 s. 9(1). 23 Register of works approvals and licences The Authority shall keep registers of works approvals and licences as are prescribed. S. 23A inserted by No. 10092 s. 9(1), amended by No. 61/2006 s. 12 (ILA s. 39B(1)). 23A Surrender of licence (1) The holder of a licence may apply in writing to the Authority to be permitted to surrender the licence and upon the Authority accepting the surrender of the licence the licence shall cease to be in force. S. 23A(2) inserted by No. 61/2006 s. 12. (2) The holder of a licence which applies in respect of more than one scheduled premises may apply in writing to the Authority to be permitted to surrender that part of the licence which relates to the scheduled premises the subject of the application. S. 23A(3) inserted by No. 61/2006 s. 12. (3) If the Authority accepts an application under subsection (2), the licence ceases to apply to the scheduled premises the subject of the application.
(3) For the purposes of subsection (2), significant works means works which— (a) would substantially change the nature of the process being conducted at the premises to which an accreditation relates; or (b) would result in a major change in the type, amount or concentration of discharges; or (c) would require a works approval under section 19A(1)(d). S. 26E inserted by No. 20/1994 s. 12, substituted by No. 61/2006 s. 19. 26E Review of accreditation (1) The Authority must review an accreditation within 5 years of the grant of accreditation or the last review of accreditation. (2) The Authority may at any time review an accreditation if the Authority is not satisfied that the licence holder meets the requirements of section 26B. (3) The Authority must give the licence holder notice of a review under this section. (4) The licence holder must satisfy the Authority that the requirements of section 26B are met. (5) If the Authority is not satisfied, the Authority must cancel the accreditation. Pt 3 Div. 4A (Heading and ss 26F–26Q) inserted by No. 61/2006 s. 33, repealed by No. 20/2014 s. 17. * * * * *
Pt 3 Div. 5 (Heading) inserted by No. 49/2000 s. 12(e). Division 5—Offences and powers of the Authority S. 27 amended by Nos 9098 s. 11, 9758 s. 3(a)–(c), 9988 s. 5, substituted by No. 10092 s. 9(1). 27 Offences S. 27(1) amended by Nos 87/1989 s. 21, 86/1990 ss 4(c), 5(a)(b), 49/2000 s. 3(15)(Sch. item (4) (a)–(c)), substituted by No. 61/2006 s. 20, amended by No. 68/2009 s. 97(Sch. item 50.3). (1) A person who is the occupier of a scheduled premises at or from which waste is discharged, emitted or deposited to the environment— (a) without a licence where a licence is required by this Act; or (b) while the licence is suspended— is 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 a daily penalty of not more than 1200 penalty units for each day the offence continues after conviction or after service by the Authority on the accused of notice of contravention of this section. S. 27(1A) inserted by No. 10261 s. 13(2), amended by Nos 86/1990 s. 5(a)(b), 49/2000 s. 3(15)(Sch. item (4) (a)–(c)), substituted by No. 61/2006 s. 20, amended by No. 68/2009 s. 97(Sch. item 50.3). (1A) A person who is the occupier of a scheduled premises at which 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— (a) without a licence where a licence is required by this Act; or
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
them or any one or more of them to take such action as is specified in the notice to eliminate or reduce the pollution so caused. S. 31(2) amended by Nos 9758 s. 4, 87/1989 s. 7(b), 86/1990 s. 5(d), 49/2000 s. 3(15)(Sch. item (8)). (2) Any person upon whom a notice under this section is served who contravenes the requirements of the notice shall be guilty of an offence. 300 penalty units. S. 31A inserted by No. 10092 s. 11(1) (as amended by No. 10160 s. 7(1)). 31A Pollution abatement notice S. 31A(1) substituted by No. 10261 s. 16, amended by Nos 87/1989 s. 27(a), 61/2006 s. 49(1)(a)(b). (1) If the Authority is satisfied that a process or activity which is being carried on or is proposed to be carried on, or any use or proposed use of any premises— S. 31A(1)(a) amended by No. 49/2000 s. 11(1)(a). (a) has caused or is likely to cause pollution (including unreasonable noise); (b) has caused or is likely to cause a failure to comply with— (i) any standard prescribed by the regulations; S. 31A (1)(b)(ia) inserted by No. 61/2006 s. 47(1). (ia) any requirement imposed by a regulation made under section 71(1)(kb), 71(1)(kd) or 71(1)(ke); (ii) any Order declaring policy;
S. 32(1)(eb) inserted by No. 37/2002 s. 41(1)(b), amended by No. 61/2006 s. 50. (eb) litter abatement notices under section 45ZB; S. 32(1)(f) amended by Nos 10261 s. 17(1), 37/2002 s. 6(1)(a). (f) permits; S. 32(1)(fa) inserted by No. 37/2002 s. 6(1)(b). (fa) requirements made under section 49AF, 49AH or 49AL; S. 32(1)(g) Inserted by No. 20/1988 s. 9(4)(b). (g) the variation or discharge of a financial assurance under section 67B(7)— as provided in this Part. S. 32(2) amended by No. 9/1987 s. 9(Sch. 3 item 5.3), repealed by No. 52/1998 s. 311(Sch. 1 item 27.3(b)). * * * * * S. 33 substituted by No. 10092 s. 12(1) (as amended by No. 10160 s. 8(1)(a)). 33 Reviews with respect to works approvals
S. 33B(1) substituted by No. 52/1998 s. 311(Sch. 1 item 27.7). (1) If the Authority or a delegated agency— (a) issues a works approval; or (b) issues a licence on an application to which section 20(8) applies; or (c) amends a licence on an application to which section 20A(6) applies; or (d) removes the suspension of a licence— a person whose interests are affected by the decision (other than the applicant or licence holder) may apply to the Tribunal, within 21 days after the decision is made, for review of the decision. S. 33B(1A) inserted by No. 92/1990 s. 128(Sch. 1 item 8.7). (1A) Subsection (1) does not apply to the issue 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 Planning and Environment Act 1987; or (ii) on an application that is so advertised and after the report of any panel appointed under that Act to consider submissions about a proposed amendment to a planning scheme; and (b) substantially in accordance with the application. S. 33B(1B) inserted by No. 20/1994 s. 14. (1B) Subsection (1) does not apply to the issue of a works approval if that works approval is issued— (a) on an application which is jointly advertised under section 20AA with a notice relating to the same proposal under the Environment Effects Act 1978; and
(b) substantially in accordance with the assessment of the environment effects statement by the Minister administering the Environment Effects Act 1978. S. 33B(2) amended by No. 10261 s. 17(2), substituted by No. 86/1990 s. 9, amended by No. 52/1998 s. 311(Sch. 1 item 27.8(a)), substituted by No. 61/2006 s. 26(1). (2) An application for review under subsection (1)(a) is to be based on either or both of the following grounds— (a) that if the works are completed in accordance with the works approval, the use of the works will result in— (i) a discharge, emission or deposit of waste to the environment; or (ii) the reprocessing, treatment, storage, containment, disposal or handling of waste; or (iii) the reprocessing, treatment, storage, containment, disposal or handling of substances which are a danger or a potential danger to the quality of the environment or any segment of the environment— which will unreasonably and adversely affect the interests, whether wholly or partly of that person; (b) that if the works are completed in accordance with the works approval, the use of the works will result in— (i) a discharge, emission or deposit of waste to the environment; or (ii) the reprocessing, treatment, storage, containment, disposal or handling of waste; or (iii) the reprocessing, treatment, storage, containment, disposal or handling of substances which are a danger or a
(d) where appropriate, have regard to any agreement made under section 173 of the Planning and Environment Act 1987 affecting land the subject of the application. S. 38 amended by No. 37/2002 s. 11(q). 38 Discharges etc. to comply with policy The discharge or deposit of wastes into waters of the State of Victoria shall at all times be in accordance with declared State environment protection policy or waste management policy specifying acceptable conditions for the discharge or deposit of wastes into waters in the environment and shall comply with any standards prescribed therefor under this Act. S. 39 amended by Nos 8277 s. 8, 9758 s. 5(a)(b), substituted by No. 10092 s. 13. 39 Pollution of waters S. 39(1) amended by No. 20/1988 s. 7(b). (1) A person shall not pollute any waters so that the condition of the waters is so changed as to make or be reasonably expected to make those waters— (a) noxious or poisonous; (b) harmful or potentially harmful to the health, welfare, safety or property of human beings; (c) poisonous, harmful or potentially harmful to animals, birds, wildlife, fish or other aquatic life; (d) poisonous, harmful or potentially harmful to plants or other vegetation; or
S. 42(2A) inserted by No. 10037 s. 4, amended by No. 87/1989 s. 30(a). (2A) A person who constructs, manufactures, assembles or sells a vehicle which— (a) is not constructed; or (b) is not labelled— in the prescribed manner shall be guilty of an offence. S. 42(2B) inserted by No. 10037 s. 4, amended by No. 87/1989 s. 30(b). (2B) A person who sells a vehicle which has not been kept, maintained and adjusted in the prescribed manner shall be guilty of an offence. S. 42(3) amended by No. 87/1989 s. 30(d). (3) A person who in any locality in which the use of any chemical substance or fuel is prohibited by or under this Act sells the chemical substance or fuel shall be guilty of an offence. S. 42A inserted by No. 9760 s. 2. 42A Prohibition of sale or offering for sale of petrol containing excess lead S. 42A(1) substituted by No. 87/1989 s. 31. (1) In this section and section 42B, petrol includes any liquid fuel or mixtures of fuels of a kind used in internal combustion spark ignition engines. (2) For the purposes of this section the mass of lead contained in a specified volume of petrol may be determined by reference to the mass of lead present as a constituent of a compound contained in that volume. S. 42A(3) amended by Nos 10160 s. 4(n), 87/1989 s. 30(b), substituted by No. 20/1994 s. 15(1). (3) Subject to subsection (4), a person who— (a) on or after the commencement of section 15 of the Environment Protection (General Amendment) Act 1994 but before 1 January 1995, sells any petrol which— (i) would, if tested at a temperature of 15 Celsius, contain lead in excess of 025 grams per litre; and
(13) A vendor who fails or refuses to comply with a request under subsection (12) shall be guilty of an offence. S. 42B(14) amended by No. 68/2009 s. 97(Sch. item 50.9). (14) If in proceedings for an offence under subsection (11) it is proved to the satisfaction of the court— S. 42B(14)(a) amended by No. 68/2009 s. 97(Sch. item 50.9). (a) that the accused purchased the substance with a warranty from the vendor that the substance was unleaded petrol; and S. 42B(14)(b) amended by No. 68/2009 s. 97(Sch. item 50.9). (b) that at the time of the alleged offence the substance was in the same state as when the accused purchased it— the accused shall be discharged from the prosecution. (15) The provisions of subsections (8) to (15) of section 42A apply, with any necessary modifications, in relation to subsection (11) of this section. S. 43 amended by Nos 9758 s. 5(a)(b), 9803 s. 5(2)(b), 10092 s. 29(3)(a), 87/1989 s. 7(a), 86/1990 s. 5(a)(b), 49/2000 s. 3(15)(Sch. item (12) (a)–(c)), 68/2009 s. 97(Sch. item 50.10). 43 Penalty Any person who contravenes any of the preceding provisions of this Part 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 a daily penalty of not more than 1200 penalty units for each day the offence continues after conviction or after service by the Authority on the accused of notice of contravention of the preceding provisions of this Part (whichever is the earlier).
(e) obnoxious or unduly offensive to the senses of human beings; or (f) detrimental to any beneficial use made of the land. S. 45(2) amended by Nos 20/1988 s. 7(g), 49/2000 s. 27(c). (2) Without in any way limiting the generality of subsection (1) a person shall be deemed to have polluted land in contravention of subsection (1) if— (a) that person causes or permits to be placed in or on any land or in any place where it may gain access to any land any matter whether solid, liquid or gaseous which— (i) is prohibited by or under this Act; or (ii) does not comply with any standard prescribed for that matter; or (b) that person establishes on any land— (i) a refuse dump; (ii) a garbage tip; (iii) a soil and rock disposal site; (iv) any other site for the disposal of or as a repository for solid or liquid waste— so as to be obnoxious or unduly offensive to the senses of human beings or interfere with any beneficial use of any groundwater. S. 45(3) amended by Nos 86/1990 s. 5(a)(b), 49/2000 s. 3(15)(Sch. item (13) (a)–(c)). (3) A person who contravenes any of the provisions of this section 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 a daily penalty of not more than 1200 penalty units for each day the offence continues after conviction or after service by the Authority of notice of contravention of this section.
S. 48A(8E) inserted by No. 22/1987 s. 5(b), amended by No. 37/2014 s. 10(Sch. item 56.2(c)). (8E) A police officer may make an application under subsection (8D) for an order only if the police officer has reasonable grounds to believe that no other measure would be effective to abate the unreasonable noise. S. 48A(8F) inserted by No. 22/1987 s. 5(b), amended by No. 37/2014 s. 10(Sch. item 56.2(d)). (8F) If the court officer to whom an application is made under subsection (8D) is satisfied that no other measure would be effective to abate the unreasonable noise, the court officer may make an order empowering a police officer, using such force as is reasonably necessary, to enter residential premises for the purpose of investigating the emission of noise. S. 48A(8G) inserted by No. 22/1987 s. 5(b). (8G) An order under subsection (8F) may be made subject to any conditions that the court officer thinks fit. S. 48A(9) amended by No. 20/1988 s. 21(2)(a). (9) Notwithstanding section 59(2), proceedings for an offence against this section may be taken by any of the following persons and only by them— (a) a person claiming to be directly affected by the alleged offence; S. 48A(9)(b) amended by No. 37/2014 s. 10(Sch. item 56.2(d)). (b) a police officer; or S. 48A(9)(c) amended by No. 12/1989 s. 4(1)(Sch. 2 item 37.5), substituted by No. 49/2000 s. 11(10). (c) a council officer.
S. 53I inserted by No. 10261 s. 23, amended by No. 86/1990 s. 5(a), repealed by No. 2/1999 s. 17. * * * * * Pt 9B (Heading and ss 53J–53O) inserted by No. 48/1988 s. 40(1) (as amended by No. 87/1989 s. 65(a)). S. 53J inserted by No. 48/1988 s. 40(1) (as amended by No. 87/1989 s. 65(a)). 53J Definitions (1) In this Part— municipal council means council of a municipality; municipality includes municipality within the meaning of the Local Government Act 1958 and also the city of and the city of ; municipal fund includes, in the case of and , the town fund; septic tank system means a system for the bacterial, biological, chemical or physical treatment of sewage, and includes all tanks, beds, sewers, drains, pipes, fittings, appliances and land used in connection with the system; sewage means any waste containing human excreta or domestic waste water.
S. 53Q inserted by No. 49/2000 s. 22, amended by No. 68/2009 s. 97(Sch. item 50.19). 53Q Offence to fail to comply with regulations A person who supplies any appliance, product or thing contrary to any regulation made under section 53P is guilty of an indictable offence. 2400 penalty units, plus in the case of a continuing offence, 1200 penalty units for each day the offence continues after conviction or after service by the Authority on the accused of notice of contravention of this section (whichever is the earlier). Pt 9D (Heading and ss 53R–53ZE) inserted by No. 7/2001 s. 12. S. 53R inserted by No. 7/2001 s. 12. 53R Purpose of Part The purpose of this Part is to provide for— (a) the appointment of environmental auditors; and (b) a system of environmental audit of— (i) the condition of a segment of the environment; and (ii) the risk of any possible harm or detriment to a segment of the environment caused by any industrial process or activity, waste, substance or noise— for use in the planning, approving, regulating, managing or conducting of
(a) a copy of the environmental audit report; and (b) if the environmental auditor determines not to issue a certificate of environmental audit, a copy of a statement of environmental audit; and (c) if the environmental auditor determines to issue a certificate of environmental audit, a copy of the certificate of environmental audit. 300 penalty units. (3) An environmental auditor must notify the Authority of any imminent environmental hazard as soon as is practicable after becoming aware of the hazard in the course of conducting an environmental audit. 300 penalty units. S. 53ZC inserted by No. 7/2001 s. 12. 53ZC Offences (1) An environmental auditor must not— S. 53ZC(1)(a) amended by No. 63/2006 s. 60(a). (a) give false or misleading information to the Authority or to any other person in carrying out a function under this or any other Act; or (b) issue a certificate of environmental audit or a statement of environmental audit which is false or misleading; or S. 53ZC(1)(ba) inserted by No. 63/2006 s. 60(b). (ba) issue a certificate or any other document which is false or misleading in carrying out a function under any other Act; or
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
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.
recover from the previous occupier in any court of competent jurisdiction any reasonable costs incurred in complying with any requirements contained in a notice served on the current occupier which requirements were contained in a notice which had been served on that previous occupier. S. 60B inserted by No. 10092 s. 11(4) (as amended by No. 10160 s. 7(4)), substituted by No. 87/1989 s. 55, amended by No. 49/2000 s. 11(7)(c). 60B Revocation of notices The Authority may revoke a notice served under section 28B, 31A, 31B or 62A by a notice of revocation served on the person on whom the notice was served. S. 60C inserted by No. 87/1989 s. 56, amended by Nos 86/1990 s. 13(1)(b), 49/2000 ss 11(7)(d), 24, 61/2006 s. 59, repealed by No. 78/2012 s. 25. * * * * * S. 61 amended by No. 9098 s. 16(b). 61 Service of notices S. 61(1) amended by No. 9988 s. 7, substituted by No. 10092 s. 24(1). (1) Where under this Act any notice is required to be given to or served on a person, a true copy of the notice may be given or served by— (a) giving it to or serving it personally on the person;
S. 62(6) inserted by No. 20/1988 s. 19, amended by No. 18/1989 s. 13(Sch. 2 item 28(a)). (6) The Registrar of Titles must make in the Register a recording of a certificate lodged under this section. S. 62(7) inserted by No. 20/1988 s. 19, amended by Nos 18/1989 s. 13(Sch. 2 item 28(b)), 86/1990 s. 13(1)(c), substituted by No. 85/1998 s. 24(Sch. item 21.3). (7) Despite subsection (3), if the property charged is land, the charge does not take effect until the Registrar of Titles makes a recording of the charge in the Register. S. 62(8) inserted by No. 20/1988 s. 19, amended by No. 85/1998 s. 24(Sch. item 21.4). (8) If the property charged is land and the amount due for costs is paid or recovered, the Authority must inform the Registrar of Titles in writing that the charge no longer applies. S. 62(9) inserted by No. 20/1988 s. 19, amended by No. 18/1989 s. 13(Sch. 2 item 28(c)), substituted by No. 85/1998 s. 24(Sch. item 21.5). (9) The Registrar of Titles must delete the recording of the charge from the Register or make a recording in the Register of the payment or recovery of the charge. S. 62(10) inserted by No. 20/1988 s. 19. (10) If— (a) a charge under this section has existed for at least 12 months; and (b) an amount is still owing under the charge— the Authority may serve a notice of intention to sell the property.
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. 64A inserted by No. 10261 s. 35, amended by No. 57/1989 s. 3(Sch. item 64.11(a)(b)). 64A Authority may obtain injunction The Authority may whether or not proceedings have been taken for an offence against this Act apply to the Supreme Court for an injunction restraining any person from contravening this Act or any condition of a works approval, licence, permit or notice or compelling any person to comply with this Act or any condition of a works approval, licence, permit or notice. 65 Saving of rights at law S. 65(1) amended by No. 8823 s. 12(1). (1) Nothing in this Act or the regulations shall in any way affect any right any person may have at law to restrict or prevent the pollution of the environment or the emission of noise or to obtain damages in respect thereof. S. 65(2) repealed by No. 20/1988 s. 24(2). * * * * * S. 65(3) repealed by No. 20/1988 s. 24(2). * * * * * S. 65A inserted by No. 20/1988 s. 24(1), amended by No. 49/1991 s. 119(7)(Sch. 4 item 7). 65A Orders for compensation immediately after a finding of guilt (1) For the purposes of this Act, in section 86 of the Sentencing Act 1991— (a) loss includes the reasonable costs of a clean up; and (b) compensation for the loss and value of the property lost includes the estimated costs to complete a clean up or part of a clean up.
(b) notice of the production of the draft statement is advertised in a newspaper circulating generally throughout ; and (c) the advertisement includes— (i) an outline of the draft statement; and (ii) advice as to where a copy of the draft statement can be obtained or examined; and S. 70B(1)(c)(iii) amended by No. 54/2010 s. 70(7). (iii) a statement inviting anyone with an interest in the matter to make comments to the Premier or the Minister within 21 days after the date of publication of the advertisement; and S. 70B(1)(d) amended by Nos 54/2010 s. 70(8), 20/2014 s. 27(3). (d) there is published on the Internet site of the Department of Environment and Primary Industries a copy of the draft statement and a copy of the statement required by paragraph (c)(iii); and S. 70B(1)(e) amended by Nos 54/2010 s. 70(9), 20/2014 s. 27(4). (e) the Premier and the Minister consider any comments that are made in response to the invitations made under paragraphs (c)(iii) and (d) before approving and publishing the statement; and S. 70B(1)(f) amended by No. 20/2014 s. 27(5). (f) a copy of the approved statement is published in the Government Gazette. (2) It is not necessary to comply with this section in the case of a statement— (a) that only revokes an existing statement; or (b) that only amends an existing statement if the amendment is of a machinery or administrative nature.
emissions or adaptation or adjustment to climate change in Victoria. 71 Regulations (1) The Governor in Council on the recommendation of the Authority may make regulations for or with respect to— S. 71(1)(a) substituted by No. 10092 s. 30(a), amended by No. 87/1989 s. 19(f). (a) prescribing scales of fees to a maximum of 4500 fee units with respect to an application for a works approval; S. 71(1)(aa) inserted by No. 10092 s. 30(a), amended by Nos 87/1989 s. 19(g), 86/1990 s. 6(1)(b), 7/2001 s. 17(2), 20/2008 s. 4. (aa) prescribing scales of fees in respect of a licensed scheduled premises to a maximum of 42 000 fee units with respect to each element of the environment being the atmosphere, land or waters to which waste is licensed to be discharged, emitted or deposited, payable on the issue of a licence and annually on the date fixed by the Authority under section 24(1)(a); S. 71(1)(ab) inserted by No. 10092 s. 30(a), amended by No. 87/1989 s. 19(h). (ab) prescribing fees not exceeding 85 fee units with respect to an application to amend a licence; S. 71(1)(ac) inserted by No. 10092 s. 30(a), amended by No. 87/1989 s. 19(i). (ac) prescribing fees not exceeding 35 fee units with respect to an application to transfer a works approval or a licence; S. 71(1)(aca) inserted by No. 7/2001 s. 13(5). (aca) prescribing a fee with respect to a completed environmental audit;
including prescribing the design, construction, size and information to be included on and method of affixing such plates, labels or markings; S. 71(1)(fd) inserted by No. 9207 s. 14(b), substituted by No. 10092 s. 30(d). (fd) prescribing types of plates, labels and other markings and the information to be contained therein; S. 71(1)(fe) inserted by No. 9207 s. 14(b), substituted by No. 10092 s. 30(e), amended by No. 30/1989 s. 5(b)(i)(ii). (fe) prohibiting the removal or defacing of any prescribed plate, label or other marking required to be fitted or marked to or on any goods, equipment, facility, instrument, device, machinery, plant or vehicle or the packaging thereof; S. 71(1)(fea) inserted by No. 10037 s. 6(c), amended by No. 30/1989 s. 5(c)(i)(ii). (fea) prohibiting or regulating the use of goods, equipment, machinery, fittings, facilities, instruments, devices, plant or vehicles where the design, construction or labelling does not comply with this Act; S. 71(1)(feb) inserted by No. 10037 s. 6(c). (feb) prohibiting the use of equipment for dispensing fuel where the fuel dispensed does not accord with the labels on the equipment; S. 71(1)(fec) inserted by No. 10037 s. 6(c). (fec) prohibiting the use in prescribed vehicles of petrol other than unleaded petrol within the meaning of section 42B; S. 71(1)(g) substituted by No. 9803 s. 11(b). (g) prohibiting the use of any machinery, facility, vehicle or ship capable of causing pollution or of emitting excessive amounts of wastes;
Statute Law Revision Act 1980, No. 9427/1980 Assent Date: 27.5.80 Commencement Date: 27.5.80: subject to s. 6(2) : All of Act in operation Planning Appeals Board Act 1980, No. 9512/1980 Assent Date: 23.12.80 Commencement Date: 1.12.81: Government Gazette 25.11.81 p. 3886 : All of Act in operation Environment Protection (Clean Air) Act 1981, No. 9571/1981 Assent Date: 19.5.81 Commencement Date: 27.7.81: Government Gazette 1.7.81 p. 2083 : All of Act in operation Environment Protection (Licence Fees) Act 1981, No. 9623/1981 Assent Date: 8.12.81 Commencement Date: 1.1.82: Government Gazette 16.12.81 p. 4149 : All of Act in operation Environment Protection (Penalties) Act 1982, No. 9758/1982 Assent Date: 13.7.82 Commencement Date: 1.10.82: Government Gazette 22.9.82 p. 3121 : All of Act in operation Environment Protection (Lead in Petrol) Act 1982, No. 9760/1982 Assent Date: 13.7.82 Commencement Date: 13.7.82 : All of Act in operation Environment Protection (Air Pollution Control) Act 1982, No. 9803/1982 Assent Date: 23.11.82 Commencement Date: 8.12.82: Government Gazette 7.12.82 p. 399 : All of Act in operation Environment Protection (Amendment) Act 1983, No. 9988/1983 Assent Date: 6.12.83 Commencement Date: 6.12.83 : All of Act in operation Environment Protection (Unleaded Petrol) Act 1984, No. 10037/1984 Assent Date: 10.4.84 Commencement Date: 10.4.84 : All of Act in operation Water (Central Management Restructuring) Act 1984, No. 10081/1984 Assent Date: 15.5.84 Commencement Date: 1.7.84: Government Gazette 20.6.84 p. 1937 : All of Act in operation
Assent Date: 30.6.92 Commencement Date: 16.7.92: Government Gazette 15.7.92 p. 1779 : All of Act in operation Unclaimed Moneys (Amendment) Act 1993, No. 70/1993 Assent Date: 5.10.93 Commencement Date: 5.10.93 : All of Act in operation Building Act 1993, No. 126/1993 Assent Date: 14.12.93 Commencement Date: S. 264(Sch. 5 item 7.1) on 1.7.94: Special Gazette (No. 42) 1.7.94 p. 1 : This information relates only to the provision/s amending the Environment Protection Act 1970 Financial Management Act 1994, No. 18/1994 (as amended by No. 43/1995) Assent Date: 10.5.94 Commencement Date: Pt 1 (ss 1–8), ss 60, 61 on 10.5.94: s. 2(1); rest of Act on 1.7.94: s. 2(2) : All of Act in operation Environment Protection (General Amendment) Act 1994, No. 20/1994 Assent Date: 17.5.94 Commencement Date: Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94: s. 2(3) : All of Act in operation Financial Management (Consequential Amendments) Act 1994, No. 31/1994 Assent Date: 31.5.94 Commencement Date: S. 4(Sch. 2 items 29.1, 29.2) on 1.1.95: Government Gazette 28.7.94 p. 2055 : This information relates only to the provision/s amending the Environment Protection Act 1970 Local Government (Amendment) Act 1994, No. 99/1994 Assent Date: 13.12.94 Commencement Date: Ss 28–30 on 13.12.94: s. 2(1) : This information relates only to the provision/s amending the Environment Protection Act 1970 National Environment Protection Council (Victoria) Act 1995, No. 10/1995 Assent Date: 26.4.95 Commencement Date: Ss 65–69 on 15.9.95: Government Gazette 14.9.95 p. 2403 : This information relates only to the provision/s amending the Environment Protection Act 1970 Equal Opportunity Act 1995, No. 42/1995
In section 50AC(d) of the Environment Protection Act 1970, for "Chairman" substitute "Chairperson". 36 Consultation during preparation of Regional Waste and Resource Recovery Implementation Plans In section 50BC(b) of the Environment Protection Act 1970, for "Chairman" substitute "Chairperson". 37 Mandatory notification of corrupt conduct to IBAC (1) In section 54C(1) of the Environment Protection Act 1970, for "Chairman" (wherever occurring) substitute "Chairperson". (2) In section 54C(4) of the Environment Protection Act 1970, for "Chairman" (where twice occurring) substitute "Chairperson". 38 Consultation prior to notification In section 54D of the Environment Protection Act 1970, for "Chairman" substitute "Chairperson". 39 Communication of information to the IBAC In section 54E(1) of the Environment Protection Act 1970, for "Chairman" (where twice occurring) substitute "Chairperson". 40 Execution of documents by Authority (1) In section 59AA(1) of the Environment Protection Act 1970, for "Chairman" (wherever occurring) substitute "Chairperson".