(2) Decision making should be guided by— (a) a careful evaluation to avoid serious or irreversible damage to the environment wherever practicable; and (b) an assessment of the risk-weighted consequences of various options. S. 1D inserted by No. 7/2001 s. 3. 1D Principle of intergenerational equity s. 1D The present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations. S. 1E inserted by No. 7/2001 s. 3. 1E Principle of conservation of biological diversity and ecological integrity The conservation of biological diversity and ecological integrity should be a fundamental consideration in decision making. S. 1F inserted by No. 7/2001 s. 3. 1F Principle of improved valuation, pricing and incentive mechanisms (1) Environmental factors should be included in the valuation of assets and services. (2) Persons who generate pollution and waste should bear the cost of containment, avoidance and abatement. (3) Users of goods and services should pay prices based on the full life cycle costs of providing the goods and services, including costs relating to the use of natural resources and the ultimate disposal of wastes. (4) Established environmental goals should be pursued in the most cost effective way by establishing incentive structures, including market mechanisms, which enable persons best placed to maximise benefits or minimise costs to develop
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). s. 4 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
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; s. 4 (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; (d) Golden Plains Shire Council; (e) Hepburn Shire Council;
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; S. 4(1) def. of national environment protection measure inserted by No. 10/1995 s. 69. national environment protection measure means a national environment protection measure made under section 14(1) of the National Environment Protection Council (Victoria) Act 1995; S. 4(1) def. of new vehicle inserted by No. 87/1989 s. 4(f). new vehicle means a vehicle that has not been owned by anyone other than a vehicle— s. 4 (a) manufacturer or assembler; or (b) importer or exporter; or (c) dealer— in his, her or its capacity as a manufacturer, assembler, importer, exporter or dealer; S. 4(1) def. of noise inserted by No. 10092 s. 5(1)(k). noise includes vibration;
S. 4(1) def. of regional waste management plan inserted by No. 99/1994 s. 29(a). regional waste management plan means a plan approved by the Authority under section 50R; S. 4(1) def. of register of scheduled activities inserted by No. 61/2006 s. 34. register of scheduled activities means the register kept under section 26G; S. 4(1) def. of registered owner inserted by No. 10092 s. 5(1)(o), amended by Nos 127/1986 s. 102(Sch. 4 item 8.1(c)), 52/1988 s. 161(Sch. 6 item 2.2), 57/1998 s. 28(1), 37/2002 s. 38(2), 65/2010 s. 420(Sch. 3 item 6.2(a)). registered owner means— s. 4 (a) in relation to a motor vehicle—the person who is registered under the Road Safety Act 1986 as the registered operator of the motor vehicle; and (b) in relation to a vessel—the person in whose name the vessel is registered under the Marine Safety Act 2010; (c) in relation to any other person who owns the vehicle (whether the vehicle is registered in any way or not); regulation means regulation made under this Act; S. 4(1) def. of research, development and approval inserted by No. 20/1994 s. 10(1). research, development and demonstration approval means an approval issued by the Authority under section 19E; s. 4 vehicle—
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 waste substituted by No. 10261 s. 5(a)(ix), amended by Nos 22/1987 s. 6, 54/2010 s. 66(b). waste includes— (a) any matter whether solid, liquid, gaseous or radio-active which is discharged, emitted or deposited in the environment in such volume, constituency or manner as to cause an alteration in the environment; s. 4 (ab) any greenhouse gas substance emitted or discharged into the environment; (b) any discarded, rejected, unwanted, surplus or abandoned matter; (c) any otherwise discarded, rejected, abandoned, unwanted or surplus matter intended for— (i) recycling, reprocessing, recovery or purification by a separate operation from that which produced the matter; or (ii) sale; and (d) any matter prescribed to be waste; S. 4(1) def. of Waste and Resource Recovery Group inserted by No. 20/2014 s. 3(1). Waste and Resource Recovery Group means a body corporate established under section 49C;
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— s. 4 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;
(iii) national and international trends of significance in environment protection; and (b) to advise on the appointment of the Chairman when that position is vacant; and (c) to inquire into, and to report on, any matter or thing relating to the administration or business practices of the Authority that is referred to it by the Minister or the Chairman; and (d) generally to carry out any other function or duty given to it, or imposed on it, by this Act or any other Act. (3) The Board may do all things that are necessary or convenient to enable it to perform its functions. S. 9 amended by Nos 8277 s. 3, 9098 s. 4(a)(b), 9512 s. 2(1), 9988 s. 2, substituted by No. 10092 s. 6(1), amended by No. 42/1995 s. 224(Sch. 2 item 15), substituted by No. 65/1996 s. 3. 9 Members of the Board s. 9 (1) The Board consists of 3 people appointed by the Governor in Council on the recommendation of the Minister who, in the opinion of the Minister, have skills, experience or knowledge that will assist the Board to carry out its functions. (2) The Governor in Council, on the recommendation of the Minister, must appoint one of the people appointed under subsection (1) to be the President of the Board. (3) An act or decision of the Board is not invalid by reason only of vacancies in the membership of the Board or of defects in the appointment of the members of the Board.
S. 13(1)(ca) inserted by No. 10261 s. 6(b), amended by No. 37/2002 s. 11(a). (ca) to recommend to the Governor in Council waste management policy; S. 13(1)(cd) inserted by No. 10/1995 s. 66, renumbered as s. 13(1)(cb) by No. 2/1999 s. 20, amended by No. 37/2002 s. 11(a). (cb) to implement national environment protection measures by incorporation into, or variation of, a State environment protection policy or waste management policy in accordance with section 17A; s. 13 S. 13(1)(cc) inserted by No. 7/2001 s. 4. (cc) to develop economic measures for the purpose of providing an economic incentive to avoid or minimise harm to the 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. (ce) to facilitate increased environmental resource use efficiency or decreased disposal of waste off-site by requiring persons who undertake certain activities which impact on the environment or any segment of the environment as a result of high and potentially inefficient use of environmental resources (including water and energy) or disposal of waste off-site to—
S. 14(2) amended by Nos 9098 s. 6(a), 65/1996 s. 30(1)(c)(i)(ii), 108/2004 s. 117(1) (Sch. 3 item 68.6). (2) With the consent of the Minister concerned the Authority may make use of the services of any officer or employee in the public service within the meaning of the Public Administration Act 2004 and may enter into any agreement with any person or body whereby the services of that person or body or any officer or servant thereof may be in part made use of by the Authority. S. 14(3) repealed by No. 10092 s. 22(6)(a). * * * * * S. 15 amended by Nos 9512 s. 2(1), 10160 s. 4(i), 87/1989 s. 6, 49/2000 s. 27(b). 15 Expenses of Authority etc. s. 15 The remuneration and expenses of the Chairman, the Deputy Chairman and the members of the Board and all expenses lawfully incurred by the Authority and the Board under this Act shall be defrayed out of moneys appropriated by the Treasurer from the Environment Protection Fund and moneys provided by Parliament for the purpose. _______________ Heading preceding s. 16 substituted as Pt 3 Div. 1 (Heading) by No. 49/2000 s. 12(a). Division 1—Declaration of policy 16 State environment protection policy S. 16(1) amended by No. 10160 s. 4(j). s. 16 (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 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 s. 16A (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;
if the Authority is satisfied that the exemption will not result in the reprocessing, treatment, storage, containment, disposal or handling of— (a) prescribed industrial waste; or (b) substances which are a danger or a potential danger to the quality of the environment or any segment of the environment— which by reason of volume, location, constituency or manner is or are likely to cause an environmental hazard or affect adversely the interests of any person other than the applicant. S. 19A(6) amended by No. 20/2014 s. 4(3). (6) The Authority may by notice in writing upon the application of the occupier of a scheduled premises in respect of which a licence is in force under this Act, or who is exempt from the need to hold a licence under this Act, exempt the occupier from compliance with subsection (1)(d) if the Authority is satisfied that the exemption will not result in an emission of noise which by reason of volume, intensity, duration or location— (a) affects adversely the quality of any segment of the environment; or (b) affects adversely the interests of any person other than the applicant. S. 19A(6A) inserted by No. 20/2014 s. 4(4). (6A) The Authority may, by notice in writing upon the application of the occupier of a scheduled premises in respect of which a licence is in force under this Act, or who is exempt from the need to hold a licence under this Act, exempt the occupier from compliance with subsection (2). S. 19A(6B) inserted by No. 20/2014 s. 4(4). (6B) The Authority may grant an exemption under subsection (6A) if the Authority is satisfied that the exemption will not result in a discharge or emission to the atmosphere of waste which by reason of volume, intensity, location, constituency or manner affects adversely—
sent whether it supports, does not object or objects to the application; and (c) may ask the Authority in writing within 45 days after the day on which the copy was sent to include specified conditions in the works approval if it is issued. S. 19B(4B) inserted by No. 45/1987 s. 205(Sch. item 19(c)). (4B) The responsible authority must give the Authority a copy of any permit issued under the Planning and Environment Act 1987 for the proposed works. S. 19B(4C) inserted by No. 92/1990 s. 128(Sch. 1 item 8.2), amended by No. 63/2006 s. 61(Sch. item 11). (4C) The Minister administering the Mineral Resources (Sustainable Development) Act 1990 must advise the Authority within 21 days after he or she receives a copy of an application under subsection (3)(a)(iv)— s. 19B (a) whether the proposed works are prohibited by the planning scheme; and (b) if so, whether an amendment to the planning scheme is to be prepared to allow the proposed works to proceed. S. 19B(5) substituted by No. 45/1987 s. 205(Sch. item 19(d)). (5) The Authority shall— (a) take into account any replies, reports, comments and information received under subsection (4), (4A) or (4B); and S. 19B(5)(b) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1), 11/2002 s. 3(Sch. 1 item 22), 29/2010 s. 38. (b) where the Secretary to the Department of Health submits a written report objecting to the issue of a works approval on the ground that the public health is likely to be endangered if a works approval is issued, refuse to issue a works approval; and
(v) the works are prohibited by the planning scheme; S. 20(8)(cb) inserted by No. 45/1987 s. 205(Sch. item 21(c)). (cb) the responsible authority may also— (i) tell the Authority in writing within 45 days after the day on which the copy of the application was sent whether it supports, does not object or objects to the application; and (ii) ask the Authority in writing within 45 days after the day on which the copy of the application was sent to include specified conditions in the licence if it is issued; S. 20(8)(cc) inserted by No. 45/1987 s. 205(Sch. item 21(c)). (cc) the responsible authority must give the Authority a copy of any permit issued under the Planning and Environment Act 1987 for the works; (d) the Authority shall— S. 20(8)(d)(i) substituted by No. 45/1987 s. 205(Sch. item 21(d)). s. 20 (i) take into account any replies, reports, comments and information received under paragraph (c), (ca), (cb) or (cc); and S. 20(8)(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. 39. (ii) where the Secretary to the Department of Health submits a written report objecting to the granting of the application on the ground that the public health is likely to be endangered if a licence is issued, refuse to issue a licence; and S. 20(8)(d)(iii) inserted by No. 45/1987 s. 205(Sch. item 21(d)). (iii) if the works are prohibited by a planning scheme, refuse to issue a licence;
(a) made in accordance with a form and in a manner approved by the Authority; (b) forwarded with the prescribed fee; and (c) accompanied by such plans, specifications and other information and a summary thereof as may be required by the Authority within 21 days of receiving the initial application. (3) The Authority shall not deal with an application under this section which— (a) does not comply with subsection (2); or 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— s. 20A (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
(ii) of the place or places at which a copy or a summary of the application and a copy or summary of the accompanying plans, specifications and other information may be examined; (iii) that any person or body interested in the application may request and upon payment of the prescribed fee shall receive from the Authority a summary of the application and the accompanying plans, specifications and other information; (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. 20A(6)(b)(v) amended by Nos 22/1987 s. 7(e)(i)(ii), 87/1989 s. 11(3)(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 amends the licence; S. 20A(6)(ba) inserted by No. 45/1987 s. 205(Sch. item 22(b)). s. 20A (ba) a responsible authority to which a copy of an application is referred under paragraph (a) 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. 20A(6)(c) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1), 11/2002 s. 3(Sch. 1 item 22), 29/2010 s. 40. (c) the Secretary to the Department of Health and any protection agency to which a copy of an application has been referred under this subsection 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;
S. 20A(6)(ca) inserted by No. 45/1987 s. 205(Sch. item 22(c)). (ca) a responsible authority to which a copy of an application has been referred under paragraph (a) must tell the Authority in writing within 21 days after the day on which the copy was sent whether— (i) the works are allowed by the planning scheme with or without conditions; (ii) a permit is required under the Planning and Environment Act 1987 for the works; (iii) a permit has been issued under the Planning and Environment Act 1987 for the works; (iv) the responsible authority is considering an application for a permit under the Planning and Environment Act 1987 for the works; s. 20A (v) the works are prohibited by the planning scheme; S. 20A(6)(cb) inserted by No. 45/1987 s. 205(Sch. item 22(c)). (cb) the responsible authority may also— (i) tell the Authority in writing within 45 days after the day on which the copy of the application was sent whether it supports, does not object or objects to the application; and (ii) ask the Authority in writing within 45 days after the day on which the copy of the application was sent to include specified conditions in any amendment of the licence; S. 20A(6)(cc) inserted by No. 45/1987 s. 205(Sch. item 22(c)). (cc) the responsible authority must give the Authority a copy of any permit issued under the Planning and Environment Act 1987 for the works;
(d) the Authority shall— S. 20A(6)(d)(i) substituted by No. 45/1987 s. 205(Sch. item 22(d)). (i) take into account any replies, reports, comments and information received under paragraphs (c), (ca), (cb) and (cc); 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)). s. 20A (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
corporation holding the authorisation, or in the case of an application for amendment, holding the authorisation in the amended form. s. 20C S. 20C(3A) inserted by No. 49/2000 s. 13. (3A) Despite anything to the contrary in subsection (2) or (4), in issuing, transferring or amending an authorisation, the Authority may impose conditions in relation to the authorisation that require the observance of standards that are more stringent than would be required by the applicable policy if the Authority is satisfied that— (a) local environment conditions require a higher level of protection than would otherwise be provided; or (b) the pollution control technology or noise control technology required to achieve more stringent standards is commonly available in the industry. S. 20C(4) amended by Nos 10261 s. 10(d)(e), 22/1987 s. 22(c). (4) Where a policy is declared or varied the Authority shall within such period of time as is reasonably practicable amend any licence which is in force so that the licence and any conditions to which the licence is subject are consistent with the policy. S. 20C(5) substituted by No. 10261 s. 10(f). (5) If the Authority amends a licence for the purposes of subsection (4) the Authority must if requested allow the holder of the licence as a condition of the licence a reasonable time within which to comply with the amendments. S. 21 substituted by No. 10092 s. 9(1). 21 Special conditions s. 21 S. 21(1) amended by No. 61/2006 s. 11(a). (1) In issuing a works approval or a licence or amending a licence the Authority may specify that the works approval or licence or the amendment of the licence is subject to compliance, by the
premises until the levy is paid and the amount of the levy which is outstanding shall bear interest at such rate per centum per annum as is prescribed from time to time for the purposes of section 172(2) of the Local Government Act 1989. S. 25 substituted by No. 10092 s. 9(1). 25 Transfer of works approvals or licences s. 25 (1) An application for the transfer of a works approval or a licence shall be— (a) made in accordance with a form and in a manner approved by the Authority; (b) accompanied by the prescribed fee; and (c) accompanied by such plans, specifications and other information as the Authority may require. (2) The Authority may— (a) refuse to transfer the works approval or licence; or S. 25(2)(b) amended by No. 61/2006 s. 15(1)(a). (b) transfer the works approval or licence subject to such conditions if any as the Authority considers appropriate; or S. 25(2)(c) inserted by No. 61/2006 s. 15(1)(b). (c) refuse to transfer and issue a new licence in respect of a scheduled premises currently included in a licence amalgamated under section 20(11A); or S. 25(2)(d) inserted by No. 61/2006 s. 15(1)(b). (d) transfer and issue a new licence in respect of a scheduled premises currently included in a licence amalgamated under section 20(11A) subject to any conditions that the Authority considers appropriate.
S. 27(2) amended by Nos 87/1989 ss 7(d)(i)(ii) (as amended by No. 86/1990 s. 13(2)(a)), 14(b), 86/1990 s. 5(a)(b), 20/1994 s. 17(a), 49/2000 s. 3(15)(Sch. item (4) (a)–(c)), 68/2009 s. 97(Sch. item 50.3). (2) A holder of a licence who contravenes any condition to which the licence is subject 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 condition. s. 27 S. 27(3) amended by No. 87/1989 s. 7(e)(i)(ii). (3) Where— (a) premises are shared by a corporation and a subsidiary or subsidiaries of that corporation; (b) one of those corporations is the holder of a licence under this Act in respect of those premises; and S. 27(3)(c) amended by No. 87/1989 s. 14(b). (c) there occurs on the premises a contravention of a condition to which the licence is subject— the holder of the licence shall in the absence of evidence to the contrary be deemed to have caused that contravention. S. 27(4) amended by Nos 65/1996 s. 30(1)(f), 44/2001 s. 3(Sch. item 37.1). (4) For the purposes of subsection (3) a corporation is a subsidiary of another corporation if the corporation is a subsidiary of the corporation within the meaning of the Corporations Act. S. 27A inserted by No. 10261 s. 13(3). 27A Offences relating to industrial waste s. 27A
condition in that segment or element of the environment which if it were caused by one person would make him guilty of an offence against this Act the Authority, by notice in writing served upon all or any of such persons, may direct 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 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);
(ii) any Order declaring policy; S. 31A (2)(e)(iia) inserted by No. 61/2006 s. 36(2). (iia) any requirement imposed by Division 4A of Part III; (iii) any rules or requirements contained in any policy; or (iv) any condition in a licence or permit; S. 31A(2)(f) substituted by No. 49/2000 s. 11(3). (f) to provide monitoring equipment, to carry out a monitoring program and to give the Authority specified results, measurements and information in relation to a monitoring program; S. 31A(2)(g) inserted by No. 87/1989 s. 27(b), amended by No. 7/2001 s. 9(2). (g) to comply with any requirement specified for the purpose of enforcing an environment improvement plan or a neighbourhood environment improvement plan prepared as a result of a directed proposal. S. 31A(2A) inserted by No. 20/1988 s. 9(2), amended by No. 61/2006 s. 49(1)(d). (2A) If premises are— s. 31A S. 31A(2A)(a) amended by No. 87/1989 s. 27(c), substituted by No. 61/2006 s. 22(1)(a). (a) a scheduled premises prescribed as a scheduled premises requiring a financial assurance; or (b) premises on which more than the prescribed quantity or the prescribed concentration of a notifiable chemical are stored, processed or used— the pollution abatement notice may require the person on whom it is served to provide the Authority with a financial assurance satisfactory to the Authority in accordance with section 67B.
(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— s. 33B in the area which will be inconsistent with any relevant Order declared under section 16, 16A or 17A for the area, or if no relevant Orders have been declared under any of those sections for that area, would cause pollution or an environmental hazard. S. 33B(2B) inserted by No. 86/1990 s. 9, amended by No. 52/1998 s. 311(Sch. 1 item 27.8(a)), repealed by No. 61/2006 s. 26(1). * * * * * S. 33B(2C) inserted by No. 86/1990 s. 9, amended by Nos 52/1998 s. 311(Sch. 1 item 27.8(a)), 37/2002 s. 11(n), repealed by No. 61/2006 s. 26(1). * * * * * S. 33B(3) amended by Nos 9/1987 s. 9(Sch. 3 item 5.6), 52/1998 s. 311(Sch. 1 item 27.8(b)). (3) This section does not apply to anything done by the Authority or a delegated agency to give effect to an order of the Tribunal under section 37.
S. 37(f) amended by Nos 9/1987 s. 9(Sch. 3 item 5.13), 87/1989 s. 10(j), 52/1998 s. 311(Sch. 1 item 27.17(b)), substituted by No. 37/2002 s. 41(2). (f) in the case of an application under section 36AA— s. 37A (i) if the Tribunal considers the provision to be oppressive, unjust or unreasonable, revoke or amend the provision as the Tribunal considers appropriate; or (ii) in any other case, confirm the provision; S. 37(g) amended by No. 10261 s. 17(5). (g) direct that a permit shall or shall not be issued or renewed; S. 37(h) amended by No. 10261 s. 17(5). (h) direct that a permit shall or shall not be issued subject to any specified terms or conditions; S. 37(i) amended by No. 37/2002 s. 6(2)(a). (i) in the case of an appeal under section 36B, confirm the fee or direct that the Authority re-calculate the fee and make any refund that is appropriate; S. 37(ia) inserted by No. 37/2002 s. 6(2)(b). (ia) in the case of an application under section 36BA, confirm, revoke or amend the notice as the Tribunal considers appropriate; S. 37(j) inserted by No. 20/1988 s. 9(6)(b), amended by No. 87/1989 s. 10(k). (j) in the case of an appeal under section 36C, amend or discharge a financial assurance. S. 37A inserted by No. 9/1987 s. 9(Sch. 3 item 5.14), substituted by No. 52/1998 s. 311(Sch. 1 item 27.18). 37A Matters Tribunal must take into account In determining an application for review or a declaration under this Part the Tribunal must— (a) take into account any relevant planning scheme; and
(a) at the site— s. 42B (i) there is not more than one underground tank available for use for storage of petrol; or (ii) there is not more than one petrol pump designed for dispensing petrol and, if there is such a pump, that pump is not designed for dispensing petrol through more than one filling nozzle; and (b) either— (i) the amount of petrol sold from the site during the preceding calendar year was less than 240 kilolitres; or (ii) where a person did not sell petrol from the site during the whole of the preceding calendar year, the person reasonably expects that the amount of petrol sold from the site during the current calendar year will not exceed 240 kilolitres. (5) For the purposes of subsection (4) a tank is not available for storage of petrol if it is ordinarily used for storage of substances other than petrol. S. 42B(6) amended by No. 87/1989 s. 32(c). (6) The Authority may at any time, by notice in writing to a retail petrol seller, revoke that retail petrol seller's exemption under subsection (4). S. 42B(7) amended by No. 68/2009 s. 97(Sch. item 50.9). (7) If in proceedings for an offence under subsection (2) it is proved to the satisfaction of the court— S. 42B(7)(a) amended by No. 68/2009 s. 97(Sch. item 50.9). (a) that the accused was unable to obtain supplies of unleaded petrol because of— (i) an industrial dispute; or s. 42B
S. 50R(3)(b)(i) amended by No. 37/2002 s. 27(1)(b). (i) municipal waste minimisation and resource recovery; s. 50R S. 50R(3)(b)(ii) amended by No. 37/2002 s. 27(1)(b). (ii) municipal waste disposal; S. 50R(3)(b)(iii) amended by No. 37/2002 s. 27(1)(b). (iii) municipal waste collection and transport; (iv) the provision of future landfill capacity; S. 50R(3)(c) amended by No. 37/2002 s. 27(1)(b). (c) a municipal waste minimisation and resource recovery program; (d) measures for litter control; S. 50R(3)(e) amended by No. 37/2002 s. 27(1)(c). (e) a schedule listing all existing and prospective waste management facility sites within the group's waste management region; S. 50R(3)(f) substituted by No. 37/2002 s. 27(1)(d). (f) an evaluation of the suitability of the waste management facility sites listed in that schedule; (g) a schedule showing a proposed sequence for the filling of available landfill sites for at least the next 10 years; (h) a program for replacing existing landfill sites; S. 50R(3)(ha) inserted by No. 65/1996 s. 12(2). (ha) a schedule listing— (i) all landfills in the region that are controlled by the group and that the group intends to close; and
S. 50W inserted by No. 53/1992 s. 4. 50W Requirement to provide Authority with information concerning levy s. 50W S. 50W(1) amended by No. 49/2000 s. 3(15)(Sch. item (23)). (1) On or before 1 September each year, each person to whom section 50S applies must give to the Authority, in a form approved by the Authority, a written statement containing— S. 50W(1)(a) substituted by No. 65/1996 s. 14(2). (a) details of the amount of waste (in tonnes) that was deposited (or that he, she or it estimates was deposited) at the premises in the last financial year; and S. 50W(1)(b) substituted by No. 65/1996 s. 14(2), amended by No. 2/1999 s. 9. (b) details of the amount of waste (in tonnes) for which he, she or it is entitled to a rebate under section 50SA or 50SAA; and S. 50W(1)(c) substituted by No. 65/1996 s. 14(2). (c) details of any estimates made in respect of the last financial year for the purposes of this Division that have not already been given to the Authority; and S. 50W(1)(d) substituted by No. 65/1996 s. 14(2). (d) any other information the Authority requires to enable it to determine the amount of landfill levy the person is liable for (or the refund the person is entitled to) under this Division. 600 penalty units. S. 50W(2) amended by No. 49/2000 s. 3(6). (2) A person must not include any false or misleading information in a written statement made under this section. S. 50W(3) inserted by No. 49/2000 s. 3(7). (3) A person who contravenes subsection (2) is guilty of an indictable offence. 2400 penalty units or imprisonment for 2 years or both.
S. 53A(1) amended by No. 2/1999 s. 15(a). (1) A person must not commence or conduct any business— (a) the purpose of which is to transport prescribed waste; or (b) the operation of which includes the transport of prescribed waste— on a highway unless there is in force a permit to transport prescribed waste. S. 53A(2) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 37.8), 2/1999 s. 15(b)(i)(ii). (2) Any public authority including any municipal council and any regional waste management group established under Part IX which performs as one of its functions the transport of prescribed industrial waste must obtain a permit to transport prescribed industrial waste. S. 53A(3) amended by Nos 86/1990 s. 5(a)(b), 49/2000 s. 3(15)(Sch. item (26) (a)–(c)), 68/2009 s. 97(Sch. item 50.18). (3) Any person who or public authority which contravenes this section 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. 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 s. 53B (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 s. 53C (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
S. 53E inserted by No. 10261 s. 23, substituted by No. 2/1999 s. 17(as amended by No. 49/2000 s. 8(6)(a)(b)). 53E Contravention of permit condition s. 53E A permit holder must not contravene a condition of a permit that is imposed by the Authority and specified in the permit or that is prescribed by the regulations. 600 penalty units and a daily penalty of not more than 240 penalty units for each day during which the offence continues after conviction or after service by the Authority on the permit holder of a notice of contravention whichever occurs first. S. 53F inserted by No. 10261 s. 23, amended by No. 87/1989 s. 19(e), substituted by No. 2/1999 s. 17. 53F Issue of transport permits (1) The Authority may, in accordance with the regulations, issue, renew, transfer, suspend or cancel a permit to transport prescribed waste or prescribed industrial waste. (2) A permit may only be applied for, issued, refused, renewed, transferred, suspended or cancelled in accordance with the regulations. (3) The Authority may issue a permit to a person referred to in section 53A(1) or a public authority or regional waste management group referred to in section 53A(2) in respect of each vehicle used or to be used to transport the waste or in respect of all vehicles used or to be used by that person or authority to transport the waste. (4) The Authority may issue a permit subject to any conditions specified by the Authority or prescribed by the regulations. (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.
(c) does not treat all sewage and is located in a specified part of the municipality declared under section 53K. (8) A municipal council may delegate to one or more of its officers any of its powers under this section other than this power of delegation. (9) The refusal by an officer of a municipal council to issue a permit is of no effect until it is ratified by the municipal council. S. 53MA inserted by No. 86/1990 s. 10(1), amended by No. 49/2000 s. 3(15)(Sch. item (28)). 53MA Compliance with permit s. 53MA A person must comply with a permit and any conditions to which it is subject. 120 penalty units. 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 s. 53O (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;
S. 55(1E) inserted by No. 10092 s. 21(a), amended by Nos 16/1986 s. 30, 57/1989 s. 3(Sch. item 64.6(a)). (1E) Where the person claiming compensation and the Authority are unable to agree as to the amount of compensation payable, the amount of compensation payable shall be determined by the Magistrates' Court and that determination shall be final and conclusive. S. 55(2) amended by No. 7/2001 s. 20. (2) In the course of his duties an authorized officer may take such photographs or films and make such audio, video or other recordings on any land or premises whatsoever as he considers necessary. S. 55(2A) inserted by No. 61/2006 s. 55(1). (2A) An authorized officer may— (a) by notice in writing, require a corporation to which section 62A(1AA) applies to produce to the authorized officer any reports, books, plans, maps, or documents relating to the relevant conduct under section 62A(1); and (b) take copies of those reports, books, plans, maps or documents. s. 55 (3) An authorized officer may, by notice in writing, require— S. 55(3)(a) amended by Nos 8823 s. 4(e)(i)–(iii), 10092 s. 21(b)(i)(ii), 10261 s. 25(1)(c)(d) (as amended by No. 22/1987 s. 23). (a) the occupier of any premises upon or from which any waste or pollutant has been, is being or is likely to be discharged, or any industrial waste is being stored, reprocessed, treated or otherwise handled, or from which noise has been, is being or is likely to be emitted to produce to the authorized officer any reports, books, plans, maps, or documents relating to the discharge from the
S. 55AC(8) amended by No. 22/1987 s. 16(e)(i)(ii), repealed by No. 87/1989 s. 44(b). * * * * * S. 55B inserted by No. 9207 s. 10. s. 55B 55B Notice for the making available of certain equipment for inspection etc. S. 55B(1) substituted by No. 10092 s. 17(3)(a). (1) Where any occupier of any premises to whom section 48D applies has in that person's possession in Victoria any tool, machine, equipment, facility, instrument, device or vehicle to which any requirement under section 48D applies, the Authority may by notice in writing given to that person require that person to make the tool, machine, equipment, facility, instrument, device or vehicle available as required by the notice for the making of any inspection, measurement or test to determine whether any requirement under section 48D or the regulations has been complied with. S. 55B(2) amended by No. 10092 ss 17(3)(b), 24(2)(d). (2) Any such notice shall state the time (being not less than seven days after the time at which the notice is served) and the place at which the tool, machine, equipment, facility, instrument, device or vehicle is to be made available and the period (being not more than 48 hours) for which it is to be required. S. 55B(3) amended by Nos 10092 s. 17(3)(b), 87/1989 s.10(k). (3) The Authority may upon 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 tool, machine, equipment, facility, instrument, device or vehicle is to be made available or the period for which it is to be required.
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 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. S. 57(4)(5) inserted by No. 87/1989 s. 47(b), repealed by No. 7/2001 s. 13(1)(c). * * * * *
S. 57AA inserted by No. 87/1989 s. 48, amended by Nos 20/1994 s. 16(1)(2), 49/2000 s. 3(11)(12) (15)(Sch. item (37), repealed by No. 7/2001 s. 13(2). * * * * * S. 57A inserted by No. 9207 s. 12, substituted by Nos 10092 s. 22(1), 10261 s. 29(2). 57A Reports and certificates s. 57A (1) Where an analyst carries out an analysis the analyst may prepare and sign a certificate in writing of the analysis. (2) Where an authorized officer— S. 57A(2)(a) amended by No. 22/1987 s. 17. (a) takes any measurement, recording or sample or makes any inspection calculation or test for the purposes of this Act; (b) analyses recordings of noise emissions; or (c) inspects and evaluates the records of monitoring and other equipment and installations for the purposes of this Act— the authorized officer may prepare and sign a report in writing in relation thereto. (3) In the course of inspecting monitoring and other equipment and installations the authorized officer must report in writing to the Authority or a protection agency as the case requires— (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. 59A(e) inserted by No. 22/1987 s. 18(c), amended by No. 20/1994 s. 10(2)(b). (e) that a document, standard, rule, specification or method, a copy of which is attached to the statement is a document, standard, rule, specification or method referred to in a regulation, works approval, notice, licence, research development and demonstration approval, approval under section 30A, permit or policy under this Act; or S. 59A(f) inserted by No. 87/1989 s. 50(b). (f) to the effect that a declaration of a day as a smog alert day in the whole or any part of Victoria was made by the Authority in respect of any specified day; or S. 59A(g) inserted by No. 87/1989 s. 50(b). (g) to the effect that a document was or was not lodged with, received by or served on the Authority— shall be prima facie evidence of the matters stated therein. S. 59AA inserted by No. 10092 s. 23, amended by No. 10160 s. 4(q). 59AA Execution of documents by Authority s. 59AA (1) Where any notice, certificate, order or other document is required to be given, issued or executed by the Authority, this shall be done under— (a) the common seal of the Authority affixed by the Chairman or any other person authorized by the Authority to affix the seal who shall attest by signature the fact and date of the affixing of the seal; (b) the signature of the Chairman; (c) the facsimile signature of the Chairman; or (d) the signature or facsimile signature of any person to whom the power is delegated under this Act.
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 s. 59D 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. 61(3) inserted by No. 9098 s. 16(a), amended by Nos 10160 s. 4(s), 52/1988 s. 161(Sch. 6 item 2.4), 82/1995 s. 203. (3) In this section agent of a ship means any person who, within , on behalf of the owner of the ship, undertakes or performs the functions of ship's husbandry or makes any arrangements for or in connexion with the repair or berthing of the ship or the carriage loading or unloading of cargo stores or bunkers thereon or therefrom. S. 61(4) inserted by No. 10261 s. 33. (4) A person who gives or serves any notice under this Act may instead of attending at any proceedings under this Act make an affidavit endorsed on, or attached to and identifying the original notice stating the time and manner in which the true copy of the notice was given or served and must transmit the original notice for production at the proceedings. S. 61(5) inserted by No. 10261 s. 33. (5) A document purporting to be an affidavit under subsection (4) is to be received in any proceedings as prima facie evidence of the statements contained therein. S. 61A inserted by No. 87/1989 s. 57. 61A Effect of notice of amendment which reprint document amended s. 61A If an amendment to a document or record is made by way of a notice which republishes the document or record with the amendment incorporated, the republication is not an issue or re-issue of the document or record.
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 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. 62A(4) inserted by No. 87/1989 s. 59(e), amended by No. 61/2006 s. 60(4). (4) The Authority may recover any reasonable costs incurred by the Authority in issuing a notice under subsection (1) or (1AA) from the person to whom the notice is issued in any court of competent jurisdiction as a debt due to the Authority. S. 62A(5) inserted by No. 87/1989 s. 59(e). (5) Any money recovered under subsection (4) is to be paid into the Consolidated Fund. S. 62A(6) inserted by No. 87/1989 s. 59(e). (6) For the purposes of subsection (4), reasonable costs includes labour, administrative and overhead costs determined on such basis as the Authority considers appropriate. S. 62A(7) inserted by No. 61/2006 s. 60(5). (7) In this section, associated entity, control, related entity and subsidiary have the same meanings respectively as they have in the Corporations Act. S. 62B inserted by No. 10092 s. 25. 62B Special powers of authorized officers where imminent danger to life or limb or to the environment s. 62B S. 62B(1) substituted by No. 10261 s. 32(3), amended by Nos 20/1988 s. 5(d), 86/1990 s. 13(1)(e). (1) Notwithstanding anything to the contrary in this Act— (a) if— (i) pollutants have been or are being discharged; (ii) a condition of pollution is likely to arise; (iii) any industrial waste or potentially hazardous substance appears to have been abandoned or dumped; or (iv) any industrial waste or potentially hazardous substance is being handled; and
S. 62C inserted by No. 20/1988 s. 21(3). 62C Presumption that occupier caused discharge etc. s. 62C 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. 67G inserted by No. 61/2006 s. 63. 67G Register of undertakings s. 67G (1) The Authority must maintain a register of undertakings given under section 67D. (2) The Authority must enter details of each undertaking given under section 67D in the register of undertakings. (3) The register of undertakings must include— (a) the date the undertaking was given; and (b) a copy of the undertaking. (4) A person may inspect the register of undertakings at any reasonable time without charge. Pt 10 Div. 6 (Heading) inserted by No. 49/2000 s. 23(f). Division 6—Administrative and miscellaneous matters 68 Delegation S. 68(1) amended by No. 10092 s. 29(1)(a). (1) The Authority may by instrument in writing delegate to protection agencies all or any of its powers and functions under this Act so that the delegated powers may be exercised by the delegate but no such delegation shall preclude the Authority from acting or relieve the Authority of any responsibility for protecting the environment and administering this Act. (2) An instrument of delegation under subsection (1) may delegate powers and functions to any class or classes of persons or bodies of persons designated in the instrument of delegation. S. 68(2A) inserted by No. 10092 s. 29(1)(b). (2A) Where the exercise of a power or the performance of a function by the Authority is dependent upon the opinion, belief or state of mind of the Authority in relation to a matter and that power or function has been delegated under subsection (1)
70 Environment Protection Fund (1) There shall be kept in the Treasury in the Public Account as part of the Trust Fund an account to be called the "Environment Protection Fund". (2) Any moneys standing to the credit of the said fund may be invested in such securities as are approved by the Treasurer. S. 70(3) amended by No. 87/1989 s. 62(a). (3) Into the Environment Protection Fund there shall be paid— (a) any moneys provided by Parliament for the purpose; and S. 70(3)(aa) inserted by No. 87/1989 s. 62(a). (aa) any money collected as levy under section 24A; and S. 70(3)(ab) inserted by No. 2/1999 s. 14(2)(a), substituted by No. 37/2002 s. 35(1)(b). (ab) any money collected as a levy under section 50S(2); and S. 70(3)(aba) inserted by No. 37/2002 s. 35(1)(b). (aba) any other money collected as a levy under Division 3 of Part IX; and S. 70(3)(ac) inserted by No. 7/2001 s. 13(3). (ac) any money collected as a fee under section 53T(3); and (b) any interest derived from the investment of moneys standing to the credit of the fund; and s. 70 (c) moneys repaid to the Treasurer upon advances made by the Treasurer under subsection (4) and interest thereon.
S. 71(1)(af) inserted by No. 10092 s. 30(a). (af) specifying circumstances in which and conditions subject to which an exemption under paragraph (ae) shall apply; S. 71(1)(b) amended by No. 10160 s. 4(u). (b) State environment protection policy; S. 71(1)(ba) inserted by No. 10261 s. 38(c), amended by No. 37/2002 s. 11(n). (ba) waste management policy; S. 71(1)(bb) inserted by No. 61/2006 s. 64. (bb) a national environment protection measure; s. 71 S. 71(1)(bb) inserted by No. 53/1992 s. 8, repealed by No. 37/2002 s. 37(b). * * * * * S. 71(1)(c) amended by Nos 10160 s. 4(v), 37/2002 s. 11(t). (c) prescribing standards or criteria for the implementation of any declared State environment protection policy or waste management policy and for protecting beneficial uses; S. 71(1)(ca) inserted by No. 7/2001 s. 7. (ca) regulating the implementation of economic measures, including prescribing conditions to which particular schemes are subject and the circumstances under which the Authority may alter, suspend or terminate the entitlements held under a scheme;
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 s. 71 (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, size and information to be included on and method of affixing such plates, labels or markings;
Greater Melton Glen Eira Monash __________________ 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. SCHEDULE D 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. D __________________ Sch. DA inserted by No. 20/2014 s. 13. SCHEDULE DA 1 2015 Date when Amount payable for each tonne deposited (in fee units)
Assent Date: 23.12.80 Commencement Date: 1.12.81: Government Gazette 25.11.81 p. 3886 : All of Act in operation Endnotes 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 Environment Protection (Review) Act 1984, No. 10092/1984 (as amended by No. 10160/1984)