S. 4(1) def. of environment amended by No. 10092 s. 5(1)(g). environment means the physical factors of the surroundings of human beings including the land, waters, atmosphere, climate, sound, odours, tastes, the biological factors of animals and plants and the social factor of aesthetics; S. 4(1) def. of Environment and Resource Efficiency Plan inserted by No. 61/2006 s. 34. Environment and Resource Efficiency Plan means a Plan prepared under section 26H; S. 4(1) def. of environmental audit inserted by No. 87/1989 s. 4(e). environmental audit means a total assessment of the nature and extent of any harm or detriment caused to, or the risk of any possible harm or detriment which may be caused to, any beneficial use made of any segment of the environment by any industrial process or activity, waste, substance (including any chemical substance) or noise; S. 4(1) def. of environmental auditor inserted by No. 87/1989 s. 4(e). environmental auditor means a person appointed under this Act as an environmental auditor for the purposes of this Act; s. 4 S. 4(1) def. of environmental hazard inserted by No. 10261 s. 5(a)(ii), substituted by No. 20/1988 s. 4(b). environmental hazard means a state of danger to human beings or the environment whether imminent or otherwise resulting from the location, storage or handling of any substance having toxic, corrosive, flammable, explosive, infectious or otherwise dangerous characteristics;
S. 4(1) def. of environmental management system inserted by No. 20/1994 s. 13(1)(b). environmental management system means the organisational structure, policies, practices, processes and procedures for implementing environmental management, including systems for designating responsibility for and allocating resources to, environmental management; S. 4(1) def. of fee unit inserted by No. 87/1989 s. 19(a), substituted by No. 10/2004 s. 14. fee unit means a fee unit calculated in accordance with section 5(3) of the Monetary Units Act 2004; S. 4(1) def. of financial institution inserted by No. 20/1994 s. 3(1)(a), amended by Nos 37/1999 s. 58(Sch. 3 item 5), 11/2001 s. 3(Sch. item 23.1). financial institution means— * * * * * (b) an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth; or (c) a body that was a society within the meaning of the Friendly Societies (Victoria) Code immediately before the transfer date within the meaning of the Financial Sector Reform (Victoria) Act 1999 or is a friendly society for the purposes of the Life Insurance Act 1995 of the Commonwealth; or s. 4 (d) a financial corporation within the meaning of section 8 of the Commonwealth Financial Corporations Act 1974 which is registered under category D, E, F or G of that Act; or
S. 4(1) def. of metropolitan inserted by No. 61/2006 s. 43. metropolitan means the region constituted by the municipal districts of the metropolitan councils; S. 4(1) def. of Metropolitan Waste and Resource Recovery Strategic Plan inserted by No. 61/2006 s. 43. Metropolitan Waste and Resource Recovery Strategic Plan means the Plan required by section 50B; S. 4(1) def. of Metropolitan Waste Management Group inserted by No. 61/2006 s. 43. Metropolitan Waste Management Group means the body corporate established by section 50; monitoring programme means all actions taken and equipment used for the purpose of detecting or measuring quantitatively or qualitatively the presence amount or level of any substance, characteristic, or effect; 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). motor boat means a vessel within the meaning of the Marine Act 1988 which has an engine and does not exceed 20 metres in length; s. 4 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 pollute inserted by No. 20/1988 s. 7(a). pollute includes causing or permitting pollution; S. 4(1) def. of polluted inserted by No. 10092 s. 5(1)(m). polluted means the condition of the environment described and referred to in section 39(1), 41(1) or 45(1) as the case may be; S. 4(1) def. of pollution repealed by No. 10092 s. 5(1)(m). * * * * * S. 4(1) def. of pollution control officer inserted by No. 10092 s. 5(1)(m), repealed by No. 10261 s. 5(a)(vii). * * * * * premises includes messuages, buildings, lands, and hereditaments of every tenure and any machinery, plant, appliance, or vehicle used in connexion with any trade carried on at any premises and includes a ship; prescribed means prescribed by or under this Act or continued in operation by this Act; S. 4(1) def. of proper officer inserted by No. 9098 s. 2(1), repealed by No. 10092 s. 5(1)(n). * * * * * s. 4
(a) holds office for the period specified in her or his instrument of appointment, which must be a period of not more than 3 years; (b) holds office on a part-time basis on the terms and conditions determined by the Governor in Council; (c) may be re-appointed; s. 10 (d) may resign from office by delivering a signed letter of resignation to the Governor; (e) may be removed from office at any time by the Governor in Council. S. 10(2) amended by No. 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 7)), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 68.3), 80/2006 s. 26(Sch. item 33.2). (2) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member. (3) The Governor in Council must remove a member from office if the member— S. 10(3)(a) amended by Nos 44/2001 s. 3(Sch. item 37.1), 4/2008 s. 32(Sch. item 8.2). (a) becomes an insolvent under administration; or (b) is convicted of an indictable offence or is imprisoned for any offence.
(b) protect any special area or segment or element of the environment; or (c) protect any special environmental value— the Authority must consult with the National Environment Protection Council before recommending that the Order be made. S. 17A(3) amended by No. 37/2002 s. 11(d). (3) Nothing in the National Environment Protection Council (Victoria) Act 1995 prevents the maintaining of an existing more stringent State environment protection policy or waste management policy in existence at the commencement of section 7 of that Act. S. 18 amended by No. 10261 s. 7(f). 18 Content of Orders (1) State environment protection policy shall establish the basis for maintaining environmental quality sufficient to protect existing and anticipated beneficial uses in the area affected by the Order and in particular shall include in terms sufficiently clear to give an adequate basis for planning and licensing functions— (a) the boundaries of any area affected; (b) identification of the beneficial uses to be protected; (c) selection of the environmental indicators to be employed to measure and define the environmental quality; (d) a statement of the environmental quality objectives (where practicable); and S. 18(1)(e) substituted by No. 10092 s. 7. (e) the program if any by which the stated environmental quality objectives are to be attained and maintained including, where appropriate, the specification of—
shall advise the applicant that the application does not comply with subsection (1). (3) The Authority shall upon receiving an application for a works approval— (a) refer a copy of the application and a copy or summary of the accompanying plans, specifications and other information to— (i) any protection agency which the Authority considers may be directly affected by the application; and S. 19B(3)(a)(ii) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1), 11/2002 s. 3(Sch. 1 item 22), 29/2010 s. 38. (ii) the Secretary to the Department of Health; and S. 19B(3)(a)(iii) inserted by No. 45/1987 s. 205(Sch. item 19(a)). (iii) any responsible authority under the Planning and Environment Act 1987 administering a planning scheme applying to the land for which the application for works approval is made; and S. 19B(3)(a)(iv) inserted by No. 92/1990 s. 128(Sch. 1 item 8.1), amended by No. 63/2006 s. 61(Sch. item 11). (iv) the Minister administering the Mineral Resources (Sustainable Development) Act 1990, if the application relates to exploration for minerals or mining; and s. 19B (b) publish in a newspaper circulating generally throughout notice— (i) that the Authority has received an application for a works approval;
S. 19B(5)(c) inserted by No. 45/1987 s. 205(Sch. item 19(d)), amended by No. 92/1990 s.128(Sch. 1 item 8.3). s. 19B (c) if the proposed works are prohibited by a planning scheme, refuse to issue a works approval, unless the Authority has been advised under subsection (4C)(b) that an amendment to the planning scheme is to be prepared. S. 19B(5A) inserted by No. 92/1990 s. 128(Sch. 1 item 8.4), amended by No. 81/2004 s. 47(1). (5A) The Authority may issue a works approval for proposed mining or exploration works that will require an amendment to the planning scheme on the condition that the works approval does not take effect until the Minister or the planning authority approves the required amendment. (6) At the expiration of 21 days from the publication of a notice under subsection (3) the Authority may if any written comments have been received from any person or body interested in the application in 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— s. 19B (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. S. 19B(8) amended by Nos 87/1989 s. 7(a), 86/1990 s. 5(a), 49/2000 s. 3(15)(Sch. item (2)(a)(b)). (8) The occupier of any premises who contravenes any conditions specified in a works approval shall be guilty of an indictable offence against this Act and liable to a penalty of not more than 2400 penalty units. S. 19C inserted by No. 10092 s. 8(1). 19C Power of Authority to amend works approval s. 19C S. 19C(1) amended by Nos 10261 s. 8(2)(a), 87/1989 s. 10(b). (1) Subject to subsections (2) and (3) the Authority may by notice in writing amend any works approval— (a) by revoking or amending any condition specified in a works approval; or (b) by inserting a new condition in a works approval.
S. 19G inserted by No. 20/1994 s. 9. 19G Offences s. 19G S. 19G(1) amended by Nos 49/2000 s. 3(15)(Sch. item (3) (a)–(c)), 68/2009 s. 97(Sch. item 50.1). (1) A holder of a research, development and demonstration approval who contravenes any condition to which the approval is subject 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 a finding of guilt or after service by the Authority on the accused of notice of contravention of the condition. (2) Where— (a) premises are shared by a corporation and a subsidiary or subsidiaries of that corporation; and (b) one of those corporations is the holder of a research, development and demonstration approval under this Act in respect of those premises; and (c) there occurs on the premises a contravention of a condition to which the research, development and demonstration approval is subject— the holder of the research, development and demonstration approval is in the absence of evidence to the contrary deemed to have caused that contravention.
(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; s. 20 (iv) that any person or body interested in the application may within 21 days of the publication of the notice comment in writing on that application; and S. 20(8)(b)(v) amended by Nos 22/1987 s. 7(c)(i)(ii), 87/1989 s. 11(2)(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 licence; S. 20(8)(ba) inserted by No. 45/1987 s. 205(Sch. item 21(b)). (ba) a responsible authority to which a copy of an application has been referred under paragraph (a) of this subsection 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. 20(8)(c) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1), 11/2002 s. 3(Sch. 1 item 22), 29/2010 s. 39. (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 objection or recommendations in relation to the application;
(9) During the currency of a licence the Authority may by notice in writing served upon the holder of a licence— S. 20(9)(a) amended by Nos 87/1989 s. 7(c), 61/2006 s. 8(3)(a). (a) revoke or suspend the licence as it relates to a scheduled premises where— (i) the Authority is satisfied that there has been a contravention of any of the conditions subject to which a works approval was issued to the holder of the licence; S. 20(9)(a)(ii) amended by No. 87/1989 s. 14(c) (as amended by No. 86/1990 s. 13(2)(d)). (ii) the Authority is satisfied that there has been a contravention of any of the conditions to which the licence is subject; s. 20 S. 20(9)(a)(iii) amended by No. 10261 s. 9(2). (iii) a discharge, emission or deposit of waste or any category, type or volume of prescribed industrial waste is exempted by the regulations from requiring a licence under this section; S. 20(9)(a)(iv) amended by No. 10261 s. 9(3), substituted by No. 61/2006 s. 8(3)(b). (iv) the licence holder has ceased to— (A) discharge, emit or deposit any waste to the environment; or (B) use the premises for the reprocessing, treatment, storage, containment, disposal or handling of waste; or (C) use the premises for the reprocessing, treatment, storage, 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; or
S. 20A(6)(h) inserted by No. 45/1987 s. 205(Sch. item 22(f)). (h) any amendment made to a licence in contravention of paragraph (d)(iii) or (g) is void. (7) The Authority shall not deal with an application to which subsection (6) applies unless the applicant forwards to the Authority the fee which the Authority assesses to be the fee that would have been payable had the applicant applied for a works approval as required by section 19A. S. 20A(8) inserted by No. 22/1987 s. 7(f), substituted by No. 87/1989 s. 11(3)(b), amended No. 61/2006 s. 9(2)(a). (8) If the Authority receives requests under subsection (6)(b)(v), the Authority must notify the people and bodies who made the requests that it has made an amendment to a licence by— S. 20A(8)(a) amended by No. 61/2006 s. 9(2)(b). (a) sending notice of the amendment to each person and body who made a request (or if a request is made by a number of people or bodies jointly, to a representative of those people or bodies); or S. 20A(8)(b) amended by No. 61/2006 s. 9(2)(b). (b) publishing notice of the amendment in a newspaper circulating generally throughout . S. 20AA inserted by No. 9988 s. 3, repealed by No. 10092 s. 9(1), new s. 20AA inserted by No. 45/1987 s. 205(Sch. item 23), amended by No. 92/1990 s. 128(Sch. 1 item 8.5). 20AA Joint advertisement s. 20AA Any notice required to be given under section 19B(3)(b), 20(8)(b) or 20A(6)(b) may be combined with any notice— (a) relating to the same proposal; or (b) of the preparation of an amendment to a planning scheme— which is required to be given under the Planning and Environment Act 1987 or the Environment Effects Act 1978.
(b) the occupier shall install and operate pollution control equipment in a manner specified by the Authority; S. 21(1)(ba) inserted by No. 20/1988 s. 9(1). (ba) if the premises are— S. 21(1)(ba)(i) amended by No. 87/1989 s. 18, substituted by No. 61/2006 s. 11(b). (i) a scheduled premises prescribed as a scheduled premises requiring a financial assurance; or S. 21(1)(ba)(ii) amended by No. 61/2006 s. 11(c). (ii) premises at which more than the prescribed quantity or the prescribed concentration of a notifiable chemical are stored, processed or used— the occupier must provide the Authority with a financial assurance satisfactory to the Authority in accordance with section 67B; (c) the occupier shall take the measures specified by the Authority for the purpose of minimizing the possibility of pollution occurring as a result of any activity conducted or proposed to be conducted in any part of the premises; (d) the occupier shall at the occupier's cost provide monitoring equipment specified by the Authority; S. 21(1)(e) amended by Nos 10261 s. 11(1), 61/2006 s. 11(d). s. 21 (e) the occupier shall at the occupier's cost carry out a monitoring program specified by the Authority for the purpose of providing the Authority with data and information relating to the characteristics, volume and effects of the waste to be or being discharged, emitted or deposited into the environment and the characteristics of that environment or
(4) If the Authority refuses to approve the Environment and Resource Efficiency Plan, the Authority may by notice in writing advise the person who submitted the Environment and Resource Efficiency Plan for approval— (a) to re-submit the Environment and Resource Efficiency Plan for approval within a reasonable period of time as specified in the notice; and (b) as to the nature of the changes that should be made to the Environment and Resource Efficiency Plan. (5) If the Authority fails to comply with subsection (1), the Authority is to be taken to have approved the Environment and Resource Efficiency Plan. S. 26M inserted by No. 61/2006 s. 33. 26M Implementation of Environment and Resource Efficiency Plan s. 26M If an Environment and Resource Efficiency Plan has been approved under section 26L, the person who undertakes the scheduled activity in respect of which the Environment and Resource Efficiency Plan has been developed must implement the Environment and Resource Efficiency Plan in accordance with the timeframes specified in the Environment and Resource Efficiency Plan. 300 penalty units. S. 26N inserted by No. 61/2006 s. 33. 26N Exemption (1) A person who undertakes the scheduled activity may apply to the Authority in the form approved by the Authority for an exemption wholly or partly from the requirement to prepare an Environment and Resource Efficiency Plan under section 26H.
S. 27A(2) amended by Nos 20/1988 s. 10(a), 87/1989 s. 22(b), 86/1990 s. 5(c), 49/2000 s. 3(4), 7/2001 s. 18(a), 61/2006 s. 48, 68/2009 s. 97(Sch. item 50.5). (2) Any person who dumps, deposits, discards or abandons or permits to be dumped, deposited, discarded or abandoned a particular kind of industrial waste— S. 27A(2)(a) amended by No. 7/2001 s. 18(b). (a) at a place not being a site licensed to accept industrial waste of that kind under this Act; or (b) at a site which is licensed to accept industrial waste under this Act without the knowledge or consent of the licence holder— is guilty of an indictable offence. 5000 penalty units, plus in the case of a continuing offence, 2500 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). 28 Orders to public authorities etc. to curtail services etc. S. 28(1) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 37.2), 87/1989 ss 7(f), 14(c). s. 28 (1) The Authority may by notice in writing order any municipal council or any body established under any Act for a public purpose which has contravened any of the conditions to which a licence issued to it under this Act is subject— (a) to make no further connexions to or arrange no new collections for its waste collection and treatment system; or
(5) In subsection (3) relevant period means— (a) the day or days on which the alleged contravention occurred; and S. 30(5)(b) amended by No. 86/1990 s. 8(b). (b) the period of 2 days before and after each such day or days. S. 30A inserted by No. 10092 s. 9(3). 30A Authority may authorise emergency storage, use etc. of waste s. 30A S. 30A(1) substituted by No. 65/1996 s. 5(1). (1) Despite anything to the contrary in or under this Act, the Authority may approve— (a) the discharge, emission or deposit of waste from any premises into the environment; or (b) the storage, treatment, handling or disposal of waste on or from any premises. S. 30A(1A) inserted by No. 65/1996 s. 5(1). (1A) The Authority may only grant its approval under this section for the purposes of— (a) meeting a temporary emergency; or (b) providing for the temporary relief of a public nuisance or community hardship; or (c) enabling the commissioning, repair, decommissioning or dismantling of any item of industrial plant or fuel burning equipment. S. 30A(1B) inserted by No. 65/1996 s. 5(1). (1B) An approval has no effect unless the conditions to which it is subject are complied with. (2) An application for an approval under this section— (a) shall be made to the Authority in writing; and
S. 33A(7) amended by No. 52/1998 s. 311(Sch. 1 item 27.5(b)). (7) A person whose application for a licence is refused or whose licence is suspended or revoked shall pending the determination of an application for review made under this Part be deemed to be unlicensed. S. 33A(7A) inserted by No. 61/2006 s. 25(2). (7A) In the case of a suspension, subsection (7) has effect in relation to a licence amalgamated under section 20(11A) to the extent of the suspension. S. 33A(8) substituted by No. 52/1998 s. 311(Sch. 1 item 27.6). (8) If an application for review of an amendment of a licence is made under subsection (4)(b) the amendment of the licence is suspended until the application is withdrawn or the review is determined. S. 33B inserted by No. 10092 s. 12(1) (as amended by No. 10160 s. 8(1)(a)(c)). 33B Applications for review by third parties s. 33B 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(2A) inserted by No. 10261 s. 17(3), substituted by No. 86/1990 s. 9, amended by Nos 52/1998 s. 311(Sch. 1 item 27.8(a)), 37/2002 s. 11(n), substituted by No. 61/2006 s. 26(1). (2A) An application for review under subsection (1)(b), (1)(c) or (1)(d) is to be based on either or both of the following grounds as may be relevant to the issue of the licence— s. 33B (a) that the provisions of the licence 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 the provisions of the licence 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
(b) a litter abatement notice under section 45ZA— may apply to the Tribunal for a review of any provision of the direction or notice that the person believes is oppressive, unjust or unreasonable. (2) The person must lodge the application within 28 days after receiving notice of the provision. (3) If a person lodges an application, the person need not comply with the direction or notice until the application is withdrawn or dismissed, or the direction or notice is confirmed or varied by the Tribunal. S. 36A inserted by No. 10092 s. 12(1) (as amended by No. 10160 s. 8(1)(a)). 36A Reviews in respect of permits s. 36A S. 36A(1) amended by Nos 10261 s. 17(4), 9/1987 s. 9(Sch. 3 item 5.11), 52/1998 s. 311(Sch. 1 item 27.14 (a)(b)). (1) An applicant for a permit whose interests are affected by— S. 36A(1)(a) amended by No. 10261 s. 17(4). (a) the refusal of the Authority or a delegated agency to issue a permit; or S. 36A(1)(b) amended by No. 10261 s. 17(4). (b) any terms or conditions subject to which the permit is issued; or
S. 36A(1)(c) inserted by No. 48/1988 s. 40(2)(b) (as amended by No. 87/1989 s. 65(b)). (c) in the case of a permit under Part IXB— (i) the refusal of a municipal council to issue a permit; or (ii) any conditions subject to which the permit is issued— may within 21 days after the refusal or issue apply to the Tribunal for review of that refusal or the terms or conditions. S. 36A(2) amended by Nos 10261 s. 17(4), 9/1987 s. 9(Sch. 3 item 5.11), 52/1998 s. 311(Sch. 1 item 27.14 (a)(b)). (2) An applicant for the renewal of a permit whose interests are affected by the refusal of the Authority or a delegated agency to renew the permit may within 21 days after the refusal apply to the Tribunal for review of that refusal. S. 36B inserted by No. 10092 s. 12(1) (as amended by No. 10160 s. 8(1)(e)). 36B Reviews of fees s. 36B S. 36B(1) amended by Nos 9/1987 s. 9(Sch. 3 item 5.12), 52/1998 s. 311(Sch. 1 item 27.15(a)). (1) A person who is liable to pay a fee under this Act may within 21 days of being required to pay that fee apply to the Tribunal for review of the fee on the ground that the fee has been incorrectly calculated. S. 36B(2) repealed by No. 52/1998 s. 311(Sch. 1 item 27.15(b)). * * * * *
S. 42(2) amended by Nos 87/1989 s. 30(c), 49/2000 s. 29(a). (2) A person who constructs, manufactures, assembles, sells, installs or offers to install any machinery, facility, vehicle or ship required by or under this Act to be fitted or equipped with any device or equipment so as to prevent or minimize pollution of the atmosphere without the machinery, facility, vehicle or ship being so fitted or equipped shall be guilty of an offence. 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. s. 42A (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. 45J(1) amended by Nos 61/2006 s. 51, 68/2009 s. 97(Sch. item 50.15). (1) A person who issues an infringement notice, or files a charge-sheet, against a person who is deemed guilty under section 45G(1) or 45G(2) must ensure that the infringement notice, or the charge-sheet, is accompanied by a notice under this section. (2) The notice must— (a) contain a copy of sections 45E, 45G, 45H and 45I; and (b) name the person giving the notice; and (c) contain that person's business address. Division 3—Offences concerning material that may become litter S. 45K inserted by No. 37/2002 s. 40. 45K Meaning of unsolicited document s. 45K For the purposes of this Division, a document is unsolicited if it is deposited at a premises without being addressed by name to a person who owns or occupies the premises. S. 45L inserted by No. 37/2002 s. 40. 45L Unsolicited documents must be put in mailboxes etc. (1) A person delivering an unsolicited document to a premises must not deposit the document in any place on the premises other than— (a) a receptacle, slot or other place that is used for the deposit of mail at the premises; or (b) a receptacle or slot that is used for the deposit of newspapers at the premises; or
(1) This section applies to a person who commissions the printing of a document that is distributed as an unsolicited document. (2) The person must give a litter enforcement officer the name and address of the person who was responsible for distributing the document in a particular area. (3) The person must comply with subsection (2) within 7 days after receiving a written request for the information from the officer. 10 penalty units. S. 45Q inserted by No. 37/2002 s. 40. 45Q Distributor must disclose name of depositor (1) A person who engages another person (whether as an employee or as an agent) to deposit unsolicited documents at premises within an area must give a litter enforcement officer the name and address of that other person. (2) The person must do this within 7 days after receiving a written request for the information from the officer. 10 penalty units. S. 45R inserted by No. 37/2002 s. 40. 45R Person who commissions document must ensure that it does not become litter (1) This section applies to a person who commissions the printing of a document that the person distributes, or intends to have distributed, as an unsolicited document. (2) The person must ensure that the document is distributed in a way that prevents it from becoming litter. 20 penalty units. (3) It is a defence to a charge under this section for the person charged to show that he, she or it took all reasonable steps to comply with this section.
S. 48AB inserted by No. 10261 s. 20. 48AB Noise from entertainment venues s. 48AB (1) In this section entertainment venue means any premises or place where music is performed or played but does not include residential premises within the meaning of section 48A(1) or a church. (2) If a member of the police force receives a complaint from a person who lives near an entertainment venue and is aggrieved by noise emitted from the entertainment venue the member of the police force may— (a) enter the entertainment venue; and (b) direct any person apparently in charge of the entertainment venue to take such action as the member of the police force considers necessary to abate the noise. (3) A direction under subsection (2)— (a) given before midnight takes effect at midnight and remains in force until 8 o'clock in the morning; or (b) given after midnight takes effect immediately and remains in force until 8 o'clock in the morning. S. 48AB(4) amended by Nos 87/1989 s. 7(b), 86/1990 s. 5(a), 49/2000 s. 3(15)(Sch. item (18)). (4) Any person who contravenes a direction given under this section is guilty of an offence against this Act and liable to a penalty of not more than 600 penalty units. S. 48AB(5) amended by No. 20/1988 s. 21(2)(b). (5) Notwithstanding section 59(2), a member of the police force may also take proceedings for an offence against this section.
S. 49L(3)(c) amended by No. 65/2005 s. 23(4). (c) a statement of Sustainability Victoria's priorities in relation to solid industrial waste management; (d) preferred approaches to— (i) waste minimisation; (ii) the provision of resource recovery infrastructure; (iii) waste collection and transport; (iv) waste disposal; (e) a waste minimisation and resource recovery program; (f) a set of principles that can guide programs for minimising waste generation and maximising the establishment of alternatives to landfill; (g) an analysis of the potential need for additional solid industrial waste disposal facilities within over the next 5 years; S. 49L(3)(h) amended by No. 65/2005 s. 23(3). (h) an outline of how Sustainability Victoria intends to develop programs for particular types of solid industrial waste. (4) The draft plan— s. 49L (a) must be consistent with Victorian legislation and government policies; and (b) must not conflict with any relevant— (i) State environment protection policy; or (ii) waste management policy; and (c) must take into account any relevant regional issues identified in regional waste management plans.
(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 (ii) all landfills in the region that are not controlled by the group and that are likely to close within the likely life of the plan; and (iii) the intended or likely date of each closure; S. 50R(3)(i) amended by No. 37/2002 s. 11(s). (i) a list of all the equipment and facilities which are, or will be, necessary for the maintenance of the operating standards required by any relevant State environment protection policy or waste management policy; S. 50R(3)(j) amended by No. 37/2002 s. 11(s). (j) a program for upgrading existing landfill sites to meet the requirements of any relevant State environment protection policy or waste management policy. S. 50R(4) substituted by No. 65/1996 s. 12(3). (4) A plan must not conflict with any relevant— (a) State environment protection policy; or S. 50R(4)(b) amended by No. 37/2002 s. 11(n). (b) waste management policy; or s. 50R S. 50R(4)(c) amended by Nos 37/2002 s. 27(2), 65/2005 s. 23(3). (c) waste management strategy published by Sustainability Victoria; or
S. 50RE(4) substituted by No. 37/2002 s. 30(1). (4) The Authority must refuse to issue a works approval for a new landfill within a waste management region if the landfill is not provided for in, or is inconsistent with, the relevant regional waste management plan. S. 50RE(5) amended by No. 37/2002 s. 30(2). (5) However, the Authority cannot refuse, on the ground referred to in subsection (4), to issue a works approval to a landfill that is privately owned and that will only receive wastes that consist of substances that were owned by the owner of the site before they became wastes. (6) The Authority must give any person or council whose application is refused under this section a written notice setting out the reason for the refusal. S. 50RE(7) repealed by No. 37/2002 s. 30(3). * * * * * Pt 9 Div. 3 (Heading and ss 50S–50Y) inserted by No. 53/1992 s. 4. Division 3—Landfill levy S. 50S inserted by No. 53/1992 s. 4, substituted by No. 65/1996 s. 13. 50S Landfill levy—amount payable s. 50S S. 50S(1) substituted by No. 37/2002 s. 32(1), amended by No. 61/2006 s. 27(1). (1) The holder of a licence in respect of a scheduled premises prescribed as a scheduled premises required to pay the landfill levy must pay to the Authority a landfill levy for each tonne of waste that is deposited on to land at the premises.
(5) On or before 30 September each year, the holder of the licence must— (a) calculate the amount of landfill levy that is payable in respect of waste deposited at the premises for the last financial year; and (b) deduct from that amount— s. 50SC (i) the instalment payments made under subsection (3); and S. 50SB(5) (b)(ii) amended by No. 2/1999 s. 8(1)(b). (ii) the amount of the rebates that the licence holder calculates he, she or it is entitled to under section 50SA or 50SAA in respect of the financial year; and S. 50SB(5) (b)(iii) inserted by No. 49/2000 s. 21(2). (iii) the amount of the rebate that the licence holder calculates he, she or it is entitled to under section 50SAB in respect of the April–June quarter; and (c) if the result is a positive amount, pay that amount to the Authority. S. 50SC inserted by No. 65/1996 s. 13. 50SC Refunds by the Authority (1) If the calculation required by section 50SB(5) in respect of a premises results in a negative amount, the Authority must refund the amount the holder of the licence has overpaid in respect of the premises within 30 days of it receiving the statement required by section 50W. (2) Subsection (1) does not apply if the Authority serves a notice under section 50X(3)(a) in respect of any estimate used in the calculation. (3) The Authority is not liable to pay any interest in respect of any refund that it is required to make under this Division.
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.
(2) The monitoring must take into account the environmental, economic, commercial and social issues involved in the agreement and must seek, and take into account, the views of the public generally, local government and industry. S. 51C(3) repealed by No. 65/1996 s. 18(d). * * * * * S. 51D inserted by No. 53/1992 s. 4. 51D Amendments to agreements s. 51D The Authority must agree to amend an industry waste reduction agreement at any time if— (a) it is of the opinion that the amended agreement would satisfy section 51B were it a new agreement; and S. 51D(b) repealed by No. 65/1996 s. 18(d). * * * * * (c) the amendment does not deal with a matter that is subject to a notice under section 51F. S. 51E inserted by No. 53/1992 s. 4. 51E Authority may require a person to enter agreement S. 51E(1) substituted by No. 2/1999 s. 13. (1) The Authority may require any person or industry to whom this Division applies and who is not a party to an industry waste reduction agreement to submit to the Authority a draft industry waste reduction agreement that— (a) deals with all the matters listed in section 51A(2); and (b) is consistent with any relevant policy and regulations; and (c) is in a form approved by the Authority.
(2) Notice of the requirement must be in writing and must specify the date by which the draft agreement must be submitted. (3) The date specified must be at least 6 months after the date of the notice. (4) The Authority may withdraw the notice at any time. S. 51E(5) amended by No. 49/2000 s. 3(15)(Sch. item (24)). (5) A person who fails to comply with a requirement under this section is guilty of an offence. 600 penalty units. S. 51F inserted by No. 53/1992 s. 4. 51F Notice of breach of agreement s. 51F (1) If at any time the Authority, acting reasonably, believes a person or an industry is in breach of an industry waste reduction agreement, the Authority may give the person, or the association representing the industry, a notice of breach. (2) The notice must— (a) be in writing; and (b) specify the breach; and (c) specify the date by which the Authority requires the breach to be rectified. (3) The date specified must be at least 3 months after the date of the notice. S. 51F(4) amended by No. 49/2000 s. 3(15)(Sch. item (25)). (4) A person to whom a notice is given under this section must rectify the breach in accordance with the requirement in the notice. 600 penalty units.
Pt 9 Div. 7 (Heading and ss 52A–52E) inserted by No. 53/1992 s. 4, amended by Nos 20/1994 s. 17(d), 99/1994 s. 30(5)(6), 65/1996 ss 20, 21, 24(2)(b), 2/1999 s. 14(1)(a)(b), repealed by No. 37/2002 s. 35(1)(a). * * * * * s. 52A _______________ Pt 9A (Heading and ss 53A, 53B) inserted by No. 10092 s. 19 (as amended by No. 10160 s. 9), substituted as Pt 9A (Heading and ss 53A–53I) by No. 10261 s. 23. New s. 53 inserted by No. 2/1999 s. 16. 53 Exemptions s. 53 Without limiting the powers of the Authority under this Act, the Authority may exempt a person from the requirement to hold a permit under this Part if the Authority is satisfied that the person holds a valid authorisation to transport prescribed waste under the law of another State or Territory. S. 53A substituted by No. 10261 s. 23. 53A Permit required
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
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. (2) This Part does not apply to any septic tank system designed to discharge more than 5000 litres of sewage a day. S. 53K inserted by No. 48/1988 s. 40(1) (as amended by No. 87/1989 s. 65(a)). 53K Declaration of area by municipal council s. 53K A municipal council— (a) may declare; or (b) if required by the Authority, must declare— that, within any specified part of the municipality, all septic tank systems proposed to be installed for the purpose of treating waterborne wastes, where discharge of effluent from premises is proposed, must be of a type that treats all sewage.
300 penalty units. S. 53ZC inserted by No. 7/2001 s. 12. 53ZC Offences s. 53ZC (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. 53ZC(1)(c) amended by No. 63/2006 s. 60(c). (c) conceal any relevant information or document from the Authority or from any other person in carrying out a function under this or any other Act. (2) An environmental auditor who contravenes subsection (1) is guilty of an indictable offence. 2400 penalty units or imprisonment for 2 years or both. S. 53ZD inserted by No. 7/2001 s. 12. 53ZD Revocation of environmental auditor appointment If an environmental auditor is convicted of an offence against section 53ZC, the Authority must revoke his or her appointment as an environmental auditor. S. 53ZE inserted by No. 7/2001 s. 12. 53ZE Notification of received statements s. 53ZE (1) Where a statement of environmental audit has been issued in respect of any premises and a certificate of environmental audit in respect of the
standard prescribed for the purposes of this Act is, in the absence of evidence to the contrary, proof of that non-compliance. S. 59AB(6) inserted by No. 7/2001 s. 21. (6) Notwithstanding the rule against hearsay, a transport certificate relating to the transport of prescribed industrial waste shall be admissible in evidence in any proceedings under this Act and shall be prima facie evidence of the matters stated therein. S. 59AC inserted by No. 87/1989 s. 52, amended by No. 37/2002 s. 45(2)(a). 59AC Appearance in proceedings for an offence s. 59AC If in any proceedings (whether summary or not) in a court for an offence against this Act the informant is a person authorised to take the proceedings under section 59 he or she may appear— (a) personally; or S. 59AC(b) amended by Nos 35/1996 s. 453(Sch. 1 item 26), 18/2005 s. 18(Sch. 1 item 37). (b) by an Australian legal practitioner (within the meaning of the Legal Profession Act 2004) or other person empowered by law to appear for him or her; or S. 59AC(c) amended by No. 37/2002 s. 45(2)(b). (c) in the case of an informant who is a member of the police force, by a police prosecutor; or S. 59AC(d) inserted by No. 37/2002 s. 45(2)(b), amended by No. 61/2006 s. 57. (d) by a person authorised by the Authority to appear on behalf of informants in proceedings under this Act. S. 59AD inserted by No. 61/2006 s. 58. 59AD Summary jurisdiction in indictable offences s. 59AD
shall be taken to be the alleged offender's usual or last known residential or business address (as the case may be). S. 61(2) inserted by No. 9098 s. 16(a), amended by No. 57/1989 s. 3(Sch. item 64.8). (2) Any summons to answer to a charge of an offence against this Act that is to be served on the owner or master of a ship or notice or other document to be served on or given to the owner or master of a ship for the purposes of this Act may be served on or given to the agent of the ship personally or by post, and any summons notice or document so served or given shall be deemed to have been served on or given to the owner or master of the ship. s. 61 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
S. 62(14) inserted by No. 20/1988 s. 19, amended by Nos 70/1993 s. 14(Sch. item 3), 18/1994 s. 66(Sch. 2 item 7) (as amended by No. 43/1995 s. 7(2)(a)), 44/2008 s. 108. (14) If there is any amount left over from a sale of property after the Authority has deducted its charge and any costs associated with realizing the charge, and the owner of the property still cannot be found, the Authority must pay the amount to the Registrar of Unclaimed Money. S. 62(15) inserted by No. 20/1988 s. 19. (15) Any money recovered by the Authority under a charge under this section is to be paid into the Consolidated Fund. S. 62A (Heading) inserted by No. 61/2006 s. 60(1). S. 62A inserted by No. 10092 s. 25. 62A Notice to take clean up and on-going management measures s. 62A S. 62A(1) substituted by No. 10261 s. 32(2), amended by Nos 20/1988 s. 5(c), 61/2006 s. 60(2). (1) Notwithstanding anything to the contrary in this Act, the Authority may by notice in writing direct— S. 62A(1)(a) amended by No. 87/1989 s. 59(a). (a) the occupier of any premises upon or from which pollution has occurred or been permitted to occur; S. 62A(1)(b) amended by No. 87/1989 s. 59(b). (b) the person who has caused or permitted the pollution to occur; (c) any person who appears to have abandoned or dumped any industrial waste or potentially hazardous substance; or
(c) the Authority is not reasonably satisfied that the corporation or one or more of the directors of the corporation took all reasonable steps to prevent the conduct of the subsidiary, related entity or associated entity. S. 62A(1A) inserted by No. 87/1989 s. 59(c). (1A) The Authority may specify in the notice any condition, requirement, restriction, performance standard or level that it thinks fit, including— (a) a condition or requirement that things specified in the notice are to be done to the satisfaction of the Authority; and (b) a condition or requirement that things specified in the notice are to be done forthwith or by any day or date or within or over any period as specified in the notice; and s. 62A S. 62A(1A)(c) amended by No. 61/2006 s. 60(2). (c) a condition or requirement that clean up and on-going management measures are to be carried out in stages by any day or date within or over any period as specified in the notice; and S. 62A(1A)(d) amended by No. 61/2006 s. 60(2). (d) a condition or requirement that any measurement, recording, sample, report, plan, drawing, document, calculation, test, analysis or thing be lodged with the Authority or be approved by the Authority before any clean up and on-going management measures or things specified in the notice are carried out.
S. 62B(2) substituted by No. 10261 s. 32(3), amended by No. 20/1988 s. 20(b). (2) Any costs incurred in complying with subsection (1) by any person who is not the person who caused or permitted the situation described in subsection (1)(a) are to be reimbursed to that person by the Authority. S. 62B(3) substituted by No. 10261 s. 32(3), amended by No. 20/1988 s. 20(c). (3) Where the Authority has reimbursed any costs under subsection (2) the Authority may recover the costs from any person proved to have been the person who caused or permitted the situation described in subsection (1)(a) in any court of competent jurisdiction as a debt due to the Authority and when recovered must be paid into the Consolidated Fund. (4) No matter or thing done by an authorized officer or by any person under a direction given by an authorized officer shall, if the matter or thing was done in good faith in the exercise of the power conferred by this section on an authorized officer, subject the authorized officer or that person personally to any action, liability, claim or demand whatsoever. S. 62B(5) amended by Nos 87/1989 s. 7(i)(i)(ii), 86/1990 s. 5(a), 49/2000 s. 3(15)(Sch. item (42) (a)(b)). (5) Any person who contravenes without reasonable cause a direction given by an authorized officer under subsection (1) shall be guilty of an indictable offence against this Act. 2400 penalty units. 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
S. 63B(1) def. of prosecution officer amended by Nos 20/1988 s. 23, 48/1988 s. 40(2)(ca) (as amended by No. 87/1989 s. 65(c)), 49/2000 s. 11(11)(a)(b), 7/2001 s. 22, 37/2002 s. 46. prosecution officer means— (a) in relation to any infringement, any person who has been appointed under section 59 to take proceedings for offences against this Act; and (aa) in relation to an infringement under Part IXB, a person appointed under section 59(3); and (ab) in relation to an infringement under section 48A(8), a person authorised by a municipal council to enforce those sections; and (b) in relation to an infringement under section 48A(8), 48AB(4) or 56(2), a member of the police force; and (c) in relation to an infringement under Part VIIA, a litter enforcement officer. (2) A prosecution officer may serve or cause to be served an infringement notice on any person if the prosecution officer has reason to believe that the person has committed an infringement. S. 63B(3) substituted by No. 32/2006 s. 94(Sch. item 15(1)). (3) An offence referred to in subsection (2) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. S. 63B(4) amended by Nos 32/2006 s. 94(Sch. item 15(2)), 61/2006 s. 38. (4) The prescribed penalty for the purposes of this section for an infringement is the amount prescribed in Schedule A in respect of that infringement. S. 63C inserted by No. 22/1987 s. 4(1), repealed by No. 32/2006 s. 94(Sch. item 15(3)). * * * * * s. 63B
S. 63D inserted by No. 22/1987 s. 4(1), amended by No. 57/1989 s. 3(Sch. item 64.10), repealed by No. 32/2006 s. 94(Sch. item 15(3)). * * * * * S. 64 amended by Nos 8823 s. 11, 9758 s. 4, 10160 s. 4(m), 10261 s. 34, 86/1990 s. 5(m), 49/2000 s. 3(15)(Sch. item (43)). 64 Penalty for failing to obey order to abate pollution s. 64 Where a person is convicted of an offence against this Act the court by which he is convicted, in addition to imposing a penalty for the offence, may order that person to take such action within such time as is specified in the order and under the supervision of the Authority or a delegated agency to prevent the continuance or recurrence of the offence and may extend the time so specified: and if, upon the expiration thereof the order has not been complied with the person so convicted shall be liable to a penalty not exceeding 300 penalty units for every day that the non-compliance continues after that time. 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.
S. 68(5) amended by No. 46/1998 s. 7(Sch. 1). (5) The Minister administering Part 7 of the Financial Management Act 1994 may out of moneys made available by Parliament for the purpose contribute towards the additional costs incurred by protection agencies in carrying out any duties and functions imposed upon or delegated to them by or under this Act or in carrying out research for the purposes of this Act. S. 68A inserted by No. 10092 s. 29(2). 68A Power to delegate s. 68A S. 68A(1) amended by Nos 10261 s. 37(1), 20/1988 s. 27(a). (1) The Authority may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal, delegate to an officer or employee of or the holder of an office or position with the Authority all or any of its powers and functions under this Act or any other Act other than this power of delegation. S. 68A(2) amended by No. 10261 s. 37(1). (2) A protection agency to whom a power or function has been delegated under section 68 may, either generally or as otherwise provided by the instrument of delegation, by writing under seal, delegate to an officer or employee of or the holder of an office or position with the protection agency all or any of the powers and functions delegated to the protection agency. S. 68B inserted by No. 10092 s. 29(2). 68B Provisions applicable to delegations (1) The provisions of this section shall apply in respect of any delegation made under section 68A. (2) The instrument of delegation shall specify the period of time during which the delegation of the power or function may be exercised or where the Authority or protection agency giving the delegation has resolved that the delegation shall be exercisable for an unlimited period of time, the instrument shall so specify.
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)(cb) inserted by No. 61/2006 s. 39. (cb) prescribing kinds of resources, wastes and thresholds for the purposes of the definition of "scheduled activity" and prescribing requirements in respect of the registration and reporting of scheduled activities; S. 71(1)(cc) inserted by No. 61/2006 s. 39. (cc) regulating the development and implementation of Environment and Resource Efficiency Plans and prescribing any matter required to be prescribed or necessary to be prescribed to give effect to Division 4A of Part III; s. 71 (d) prescribing standards or criteria for determining when any matter action or thing is poisonous, noxious, objectionable, detrimental to health, or within any other description referred to in this Act; S. 71(1)(da) inserted by No. 10261 s. 38(d). (da) prescribing any matter relating to the management, storage, use, handling, disposal or transport of prescribed waste and notifiable chemicals; S. 71(1)(db) inserted by No. 10261 s. 38(d). (db) requiring information relating to prescribed waste and notifiable chemicals to be collected and supplied to the Authority; S. 71(1)(e) amended by Nos 9803 s. 11(a), 30/1989 s. 5(a). (e) prohibiting or regulating the discharge, emission, or deposit into the environment of any matter, whether liquid, solid, or gaseous or of radio-activity and prohibiting or regulating the use of any specified chemical substance or fuel;
S. 71(1)(ea) inserted by No. 10037 s. 6(a). (ea) for the purposes of section 42B and the regulations, prescribing the maximum amounts of lead, sulphur and phosphorus which may be present in unleaded petrol, and prescribing specifications for motor octane number and research octane number in unleaded petrol; S. 71(1)(eb) inserted by No. 10037 s. 6(a). (eb) regulating the construction, installation and operation of equipment and fittings used for or in connexion with the dispensing of petrol, including prohibiting or regulating modifications to such equipment; S. 71(1)(ec) inserted by No. 20/1994 s. 15(3). (ec) prescribing the maximum and minimum amounts of constituents (other than lead) which may be present in petrol and prescribing specifications for motor octane number and research octane number in petrol; S. 71(1)(ed) inserted by No. 20/1994 s. 15(3). (ed) prescribing the maximum amount of lead which may be present in petrol; s. 71 (f) prescribing ambient air quality standards and emission standards and specifying the maximum permissible concentrations of any matter that may be present in or discharged into the atmosphere; S. 71(1)(fa) inserted by No. 8823 s. 13(a), amended by No. 9207 s. 14(a). (fa) prescribing noise emission standards for different kinds of premises, equipment, facilities, instruments, devices, vehicles and ships; S. 71(1)(faa) inserted by No. 9571 s. 5(a). (faa) prohibiting either generally or in specified circumstances or subject to specified conditions the discharge or emission into the atmosphere of any matter;
S. 71(1)(gb) inserted by No. 9571 s. 5(b). (gb) requiring the installation and use in connexion with any equipment or facility of apparatus, plant or structures to prevent pollution of the atmosphere and prohibiting the operation of any specified equipment or facility unless there is installed and operated in connexion with the equipment or facility, structures, plant or apparatus to prevent pollution of the atmosphere; S. 71(1)(gba) inserted by No. 30/1989 s. 5(d), amended by No. 87/1989 s. 63(1)(c). (gba) prohibiting or regulating the use of any ozone-depleting substance or the manufacture, assembly, installation, operation, maintenance, removal, sale or disposal of goods, equipment, machinery or plant containing or using ozone-depleting substances; S. 71(1)(gc) inserted by No. 9571 s. 5(b), amended by No. 10092 s. 30(f). (gc) the measures to be taken to ensure that the discharge of waste into the atmosphere or into waters from premises or any class of premises is monitored or kept under observation, and requiring the monitoring or observation of the emission or discharge into the atmosphere or into waters of waste or any specified class of waste; S. 71(1)(gd) inserted by No. 9571 s. 5(b). s. 71 (gd) requiring the installation of insulation in relation to premises or specified classes of premises to prevent or minimize the emission or discharge into the atmosphere of waste or any specified class of waste; S. 71(1)(ge) inserted by No. 10092 s. 30(g). (ge) prescribing standards to be maintained for receiving waters; S. 71(1)(gf) inserted by No. 10092 s. 30(g). (gf) specifying the quality and quantity of waste discharged into waters;
__________________ 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 No. 20/2010 s. 3. SCHEDULE D Sch. 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 2010 and before 1 July 2011 30 30 15 25 on or after 1 July 2011 40 40 20 35 __________________ Sch. E inserted by No. 61/2006 s. 54(5), amended by No. 20/2008 s. 5. SCHEDULE E Sch. E Category B waste 250 Category C waste not being packaged waste asbestos 70 Category C waste which is packaged waste asbestos 30 ENDNOTES General Information Endnotes
Assent Date: 20.5.80 Commencement Date: Pts 1, 2 on 30.6.80: Government Gazette 25.6.80 p. 2123; Pts 3, 4, 5 on 2.2.81: Government Gazette 30.1.81 p. 311 : All of Act in operation 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 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