S. 1A inserted by No. 7/2001 s. 3. 1A Purpose of Act s. 1A (1) The purpose of this Act is to create a legislative framework for the protection of the environment in having regard to the principles of environment protection. (2) The principles of environment protection are set out in sections 1B to 1L. (3) It is the intention of Parliament that in the administration of this Act regard should be given to the principles of environment protection. S. 1B inserted by No. 7/2001 s. 3. 1B Principle of integration of economic, social and environmental considerations (1) Sound environmental practices and procedures should be adopted as a basis for ecologically sustainable development for the benefit of all human beings and the environment. (2) This requires the effective integration of economic, social and environmental considerations in decision making processes with the need to improve community well-being and the benefit of future generations. (3) The measures adopted should be cost-effective and in proportion to the significance of the environmental problems being addressed. S. 1C inserted by No. 7/2001 s. 3. 1C The precautionary principle (1) If there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.
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 s. 4 (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 (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 (e) a financial institution, or a financial institution which is a member of a class of financial institutions, declared for the purposes of this definition by Order of the Governor in Council made on 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 Loddon Mallee Waste and Resource Recovery Group inserted by No. 20/2014 s. 3(1). Loddon Mallee Waste and Resource Recovery Group means the Waste and Resource Recovery Group established for the Loddon Mallee Waste and Resource Recovery Region; S. 4(1) def. of Loddon Mallee Waste and Resource Recovery Region inserted by No. 20/2014 s. 3(1). Loddon Mallee Waste and Resource Recovery Region means the region that consists of the municipal districts of the following councils— (a) Buloke Shire Council; s. 4 (b) Gannawarra Shire Council; (c) Greater Bendigo City Council; (d) Loddon Shire Council; (e) Macedon Ranges Shire Council; (f) Mildura Rural City Council; (g) Mount Alexander Shire Council; (h) Swan Hill Rural City Council; S. 4(1) def. of metropolitan council inserted by No. 61/2006 s. 43, repealed by No. 20/2014 s. 14(3). * * * * * S. 4(1) def. of metropolitan districts inserted by No. 53/1992 s. 5, repealed by No. 20/2014 s. 3(2). * * * * *
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 pollutant repealed by No. 10092 s. 5(1)(m). * * * * * 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
(c) have in possession for the purpose of sale; and (d) barter or exchange; and s. 4 (e) cause or permit to be done any of the above; ship includes every description of vessel or craft; S. 4(1) def. of soil repealed by No. 10092 s. 5(1)(q). * * * * * S. 4(1) def. of State environment protection policy inserted by No. 10092 s. 5(1)(r). State environment protection policy means a policy declared by the Governor in Council under section 16; S. 4(1) def. of State-Wide Waste and Resource Recovery Infrastructure Plan inserted by No. 20/2014 s. 14(1). State-Wide Waste and Resource Recovery Infrastructure Plan means the plan prepared in accordance with Division 2AC of Part IX; S. 4(1) def. of statement of environmental audit inserted by No. 20/1994 s. 16(3). statement of environmental audit means a statement issued by an environmental auditor which— (a) states that the condition of the segment of the environment specified in the statement is or is potentially detrimental to any beneficial use of that segment; and (b) if the condition of the segment of the environment specified in the statement is not or is not potentially detrimental
(d) the Grampians Central West Waste and Resource Recovery Region; (e) the Loddon Mallee Waste and Resource Recovery Region; (f) the Metropolitan Waste and Resource Recovery Region; (g) the North East Waste and Resource Recovery Region; S. 4(1) def. of waste management facility inserted by No. 37/2002 s. 9(c). waste management facility includes a landfill, a transfer station, a composting facility, a facility to store or contain solid waste and a material recovery facility; s. 4 S. 4(1) def. of waste management policy inserted by No. 37/2002 s. 9(c). waste management policy means a policy declared by the Governor in Council under section 16A; S. 4(1) def. of waters substituted by No. 10092 s. 5(1)(s), amended by No. 81/1989 s. 3(Sch. item 12.1). waters includes any reservoir, tank, billabong, anabranch, canal, spring, swamp, natural or artificial channel, lake, lagoon, waterway, dam, tidal water, coastal water or groundwater; 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;
financial institution becoming mortgagee in possession or becoming or appointing a controller). S. 4(3A) inserted by No. 20/1994 s. 3(1)(b). (3A) In subsection (3), controller means a receiver, or a receiver and manager, of the premises, or anyone else who is in possession or has control of the premises for the purpose of enforcing a security. S. 4(3B) inserted by No. 86/1998 s. 20(1), substituted by No. 59/2003 s. 118(1), repealed by No. 74/2006 s. 25(1). s. 4 * * * * * S. 4(4) inserted by No. 10092 s. 5(2). s. 4 (4) Where a word or phrase is given a particular meaning in this Act, other parts of speech and grammatical forms of that word or phrase have, unless the contrary intention appears, corresponding meanings. _______________ S. 5 amended by No. 9512 s. 2(1), substituted by No. 10092 s. 6(1). 5 Establishment of Authority s. 5 (1) There is established by this Act an Authority by the name of the Environment Protection Authority. (2) The Authority— (a) is a body corporate with perpetual succession; (b) shall represent the Crown in right of the State of ; (c) shall have a common seal; (d) may sue and be sued in its corporate name;
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(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. 19C(2) amended by Nos 10261 s. 8(2)(b), 22/1987 s. 22(b), 61/2006 s. 6(1). (2) The Authority may only amend a works approval other than a works approval issued in respect of a scheduled premises used for the reprocessing, treatment, storage, containment, disposal or handling of prescribed industrial waste, or of substances which are a danger or potential danger to the quality of the environment or any segment
of the environment under subsection (1) if the Authority is satisfied that the amendment will not result in a discharge, emission or deposit of waste which by reason of volume, location, constituency or manner— (a) affects adversely to a substantial degree the quality of any segment or element of the environment; or (b) affects adversely to a substantial degree the interests of any person other than the holder of the works approval. S. 19C(3) inserted by No. 10261 s. 8(2)(c), substituted by No. 61/2006 s. 6(2). (3) The Authority may only amend a works approval issued in respect of a scheduled premises used for the reprocessing, treatment, storage, containment, disposal or handling of prescribed industrial waste, or of substances which are a danger or potential danger to the quality of the environment or any segment of the environment under subsection (1) if the Authority is satisfied that the amendment will not result in the reprocessing, treatment, storage, containment, disposal or handling of prescribed industrial waste, or of substances which are a danger or potential danger to the quality of the environment or any segment of the environment, which by reason of volume, location, constituency or manner— s. 19C (a) is or are likely to cause an environmental hazard; or (b) affect adversely to a substantial degree the interests of any person other than the holder of the works approval. S. 19C(4) inserted by No. 61/2006 s. 6(2). (4) An amendment of a works approval made before the commencement of section 6 of the Environment Protection (Amendment) Act 2006 continues to have the same force and effect
S. 20C(1) amended by No. 10261 s. 10(a), substituted by No. 49/2000 s. 13. s. 20C (1) In this section— S. 20C(1) def. of authorisation amended by No. 61/2006 s. 10. authorisation means— (a) a works approval; (b) a licence; (ba) an accreditation; (c) a research, development and demonstration approval; (d) a permit to transport prescribed waste or prescribed industrial waste issued under Part IXA; S. 20C(1) def. of relevant offence amended by No. 107/2004 s. 179. relevant offence means— (a) an indictable offence; (b) an offence committed outside that would have been an indictable offence if it had been committed in on the date it was committed; (c) a summary offence under this Act, the Dangerous Goods Act 1985, the Occupational Health and Safety Act 2004 or the Equipment (Public Safety) Act 1994. S. 20C(2) amended by No. 10261 s. 10(b), substituted by No. 49/2000 s. 13. s. 20C (2) In considering an application for the issue, transfer or amendment of an authorisation, the Authority must have regard to policy so that the authorisation and any condition in, or relating to, the authorisation is consistent with all applicable policies.
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. 31A(1)(b)(iii) amended by No. 86/1990 s. 13(1)(a). (iii) any requirements contained in any policy; or (iv) any condition in a licence or permit; or S. 31A(1)(b)(v) inserted by No. 7/2001 s. 9(1). (v) any neighbourhood environment improvement plan prepared as a result of a directed proposal; or s. 31A (c) has created or is likely to create an environmental hazard; or S. 31A(1)(d) inserted by No. 87/1989 s. 27(a), amended by No. 49/2000 s. 11(1)(b). (d) is subject to an Order in Council made under section 31C; or S. 31A(1)(e) inserted by No. 49/2000 s. 11(1)(b). (e) is causing, or is likely to cause, an emission of noise that the Authority considers is, or is likely to be, unreasonable in the circumstances— the Authority may serve a pollution abatement notice on the occupier of those premises or on the person responsible for the process or activity carried on or proposed to be carried on, or on the person responsible for the use or proposed use of the premises, specifying the reason for which the pollution abatement notice is served. S. 31A(1A) inserted by No. 49/2000 s. 11(2). (1A) Despite subsection (1), the Authority may not serve a pollution abatement notice in respect of any noise, or likely noise, in respect of which a direction may be given under section 48A(6). S. 31A(1B) inserted by No. 61/2006 s. 36(1), repealed by No. 20/2014 s. 18. * * * * *
S. 32(1)(d) amended by No. 87/1989 s. 10(f). (d) pollution abatement notices and notices of amendment under section 31A; S. 32(1)(e) amended by No. 87/1989 s. 10(f), repealed by No. 49/2000 s. 11(6), new s. 32(1)(e) inserted by No. 7/2001 s. 11(1). (e) a direction to a protection agency to submit a proposal to develop a neighbourhood environment improvement plan to the Authority for endorsement; S. 32(1)(ea) inserted by No. 37/2002 s. 41(1)(b). (ea) a direction under section 45Y(2) or (4); s. 32 S. 32(1)(eb) inserted by No. 37/2002 s. 41(1)(b), amended by No. 61/2006 s. 50. (eb) litter abatement notices under section 45ZB; S. 32(1)(f) amended by Nos 10261 s. 17(1), 37/2002 s. 6(1)(a). (f) permits; S. 32(1)(fa) inserted by No. 37/2002 s. 6(1)(b). (fa) requirements made under section 49AF, 49AH or 49AL; S. 32(1)(g) Inserted by No. 20/1988 s. 9(4)(b). (g) the variation or discharge of a financial assurance under section 67B(7)— as provided in this Part.
S. 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
S. 37 substituted by No. 10092 s. 12(1) (as amended by No. 10160 s. 8(1)(f)(g)), amended by Nos 9/1987 s. 9(Sch. 3 item 5.13), 20/1988 s. 9(6)(a), 52/1998 s. 311(Sch. 1 item 27.17(a)). 37 Powers of Tribunal s. 37 On a review under this Part the Tribunal, by order, may— (a) direct that a works approval shall or shall not be issued or transferred or be subject to a specified condition; S. 37(b) amended by No. 87/1989 s. 14(b). (b) direct that a licence shall or shall not be issued, transferred, revoked or suspended or be amended under section 20A or be subject to a specified condition; S. 37(ba) inserted by No. 7/2001 s. 11(3). (ba) in the case of a direction under section 19AG, confirm, amend or revoke the direction; S. 37(c) amended by No. 87/1989 s. 10(i). (c) subject to section 33C, confirm, amend or revoke any amendment of a works approval under section 19C or of a licence under section 20(9); S. 37(d) 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)). (d) in the case of an appeal under section 34(1), confirm, revoke or amend the notice as the Tribunal thinks fit; S. 37(e) 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)). (e) in the case of an appeal under section 35(1), confirm, revoke or amend the notice as the Tribunal thinks fit;
S. 41(2)(d) inserted by No. 30/1989 s. 4(b). (d) that person contravenes any regulation dealing with 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 an ozone-depleting substance. S. 41A inserted by No. 9571 s. 4(1), amended by No. 9758 s. 6, repealed by No. 10092 s. 11(2) (as amended by No. 10160 s. 7(2)). * * * * * S. 42 substituted by No. 9803 s. 4. 42 Particular offence s. 42 (1) A person who— S. 42(1)(a) amended by No. 87/1989 s. 30(a). (a) constructs, manufactures, assembles or sells any new vehicle capable of emitting into the atmosphere any matter that does not comply with any prescribed emission standard or prescribed standard of maximum permissible concentration; or S. 42(1)(b) amended by No. 87/1989 s. 30(b). (b) sells a vehicle other than a new vehicle capable of emitting into the atmosphere any matter that does not comply with any prescribed— (i) emission standard; or (ii) standard of maximum permissible concentration— for visible emissions or for the emission of carbon monoxide when the engine of the vehicle is idling— shall be guilty of an offence.
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.
Division 5—Removal of litter and disorderly things S. 45V inserted by No. 37/2002 s. 40. 45V Litterer must remove litter if asked s. 45U A person must remove any litter deposited by that person if asked to do so by a litter enforcement officer. 10 penalty units. S. 45W inserted by No. 37/2002 s. 40. 45W Court may order removal of litter (1) If a court convicts a person of an offence under this Part, the court may— (a) instead of, or in addition to, any other penalty, order the person to— (i) clear away and remove the litter deposited by the person; or (ii) clear away and remove any other litter in or on any land or waters— within a specified time and under the supervision of a person nominated by the court; or (b) in addition to any other penalty, order the person to pay a sum of compensation for removal of the litter to the person who, or body which, has the control or management of the land or waters where the offence occurred. (2) The following provisions apply to an order under subsection (1)(a)— s. 45W (a) the court may also order that if the person contravenes the order, that person must pay a fine of not more than 40 penalty units;
S. 48C(3) repealed by No. 10261 s. 29(4). * * * * * S. 48C(4)(5) repealed by No. 10092 s. 15(3)(c). * * * * * S. 48C(6) amended by No. 9758 s. 8(2)(b), repealed by No. 10092 s. 15(3)(c). * * * * * S. 48D inserted by No. 9207 s. 7. s. 48D 48D Offences concerning manufacture and sale of equipment etc. S. 48D(1) repealed by No. 10092 s. 17(1)(a). * * * * * S. 48D(2) amended by Nos 10092 s. 17(1)(b)(i)(ii), 87/1989 s. 30(g). (2) The occupier of any premises where any of the following is manufactured, assembled, supplied, distributed or sold— (a) any new tool machine or equipment powered by internal combustion or electric engine or by hydraulic or pneumatic means and for which noise emission standards are prescribed by regulations; (b) any new vehicle— which when operated under specified test conditions emits noise which is not in accordance with any noise emission standard prescribed for the purposes of this section for such tool machine equipment or vehicle shall be guilty of an offence.
S. 48D(3) substituted by No. 10092 s. 17(1)(c), amended by Nos 10261 s. 22(b), 87/1989 s. 30(h). (3) The occupier of any premises upon which there is sold to members of the public any equipment, facility, instrument, device or any new vehicle required by this Act— (a) to be fitted or equipped with any device or equipment so as to prevent or minimize the emission of noise; or S. 48D(3)(b) amended by No. 10261 s. 22(a). s. 48D (b) to be fitted or packaged with a prescribed plate, label or other marking stating such information as is prescribed— without the equipment, facility, instrument, device or new vehicle being so fitted, packaged or equipped shall be guilty of an offence. S. 48D(3A) inserted by No. 10092 s. 17(1)(c), amended by No. 87/1989 s. 30(h). (3A) The occupier of any premises upon which any noise control device is sold which when fitted to a vehicle in accordance with the fitting instructions still leaves the vehicle capable of emitting noise that does not comply with the standard prescribed shall be guilty of an offence. S. 48D(4) amended by Nos 9758 s. 5(a)(b), 87/1989 s. 7(b), 86/1990 s. 5(a)(b), 49/2000 s. 3(15)(Sch. item (21) (a)–(c)), 68/2009 s. 97(Sch. item 50.17). (4) Any person who contravenes any requirement of this section shall be guilty of an indictable offence against this Act and liable to a penalty of not more than 2400 penalty units and, in the case of a continuing offence, to a daily penalty of not more than 1200 penalty units for each day during which the offence continues after conviction or after service by the Authority on the accused of notice of contravention of the provisions of this section (whichever is the earlier).
climate change means a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods. Pt 9 Div. 1A (Heading and ss inserted by No. 37/2002 s. 5. Division 1A—Sustainability covenants S. 49AA inserted by No. 37/2002 s. 5. 49AA Sustainability covenants A sustainability covenant is an agreement under which a person or body undertakes— (a) to increase the efficiency with which the person or body uses resources to produce products or services; and (b) to reduce the ecological impact of those products or services and of the processes by which they are produced. S. 49AB inserted by No. 37/2002 s. 5. 49AB Meaning of member of an industry For the purposes of this Division, a person is a member of an industry if the person is in control (whether as owner, occupier, lessee, hirer, employer or otherwise) of any process used to produce, or that may be used to produce, any of the products or services that the industry produces. S. 49AC inserted by No. 37/2002 s. 5. 49AC Authority may enter into sustainability covenants s. 49AC (1) The Authority may become a signatory to a sustainability covenant for an industry if— (a) in the opinion of the Authority, the covenant is, or is likely to be, effective in increasing
S. 53X inserted by No. 7/2001 s. 12. 53X Environmental audit report on condition of segment of the environment An environmental audit report in relation to the condition of a segment of the environment must— (a) specify the segment of the environment in respect of which the environmental audit was conducted; and (b) state the name of the person who has engaged the environmental auditor to conduct the environmental audit; and (c) be signed by the environmental auditor; and (d) include— (i) an evaluation of the environmental quality of the relevant segment of the environment; and (ii) an assessment of whether any clean up is required to that segment of the environment; and (iii) if any clean up is necessary, any recommendations relating to the carrying out of the clean up. S. 53Y inserted by No. 7/2001 s. 12. 53Y Certificate of environmental audit s. 53X (1) In determining whether or not to issue a certificate of environmental audit, an environmental auditor must have regard to— (a) the beneficial uses that may be made of the relevant segment of the environment; and S. 53Y(1)(b) amended by No. 37/2002 s. 11(n). (b) any relevant State environment protection policy or waste management policy.
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. 55AA inserted by No. 10092 s. 15(5). 55AA Definitions s. 55AA For the purposes of sections 55A, 55B and 55C— S. 55AA def. of owner amended by Nos 127/1986 s. 102(Sch. 4 item 8.4), 65/2010 s. 420(Sch. 3 item 6.5(a)). owner includes the registered owner of a motor vehicle or a vessel; S. 55AA def. of ship amended by No. 65/2010 s. 420(Sch. 3 item 6.5(b)). ship includes a vessel; S. 55AA def. of vehicle amended by No. 127/1986 s. 102(Sch. 4 item 8.4). vehicle includes a motor vehicle. S. 55A inserted by No. 8823 s. 5, amended by No. 10092 s. 24(2)(a). 55A Authority may require vehicle or ship to be made available for testing S. 55A(1) amended by No. 10261 s. 26(a). (1) The Authority may by notice in writing served upon any person being the registered owner of or apparently in lawful possession of any vehicle or ship require him to make the vehicle or ship available as required by the notice for the making of any inspection measurement or test by an authorized officer in order to determine whether
S. 55C(8) amended by Nos 86/1990 s. 5(k), 49/2000 s. 3(15)(Sch. item (36)). (8) A person other than an authorised officer who removes alters or defaces a label affixed to a vehicle under this section is guilty of an offence. 60 penalty units. S. 55D inserted by No. 10092 s. 15(7), substituted by No. 10261 s. 26(c), amended by Nos 127/1986 s. 102(Sch. 4 item 8.6), 52/1988 s. 161(Sch. 6 item 2.3), repealed by No. 87/1989 s. 46. * * * * * 56 Giving name and address s. 56 (1) Any person found offending against any of the provisions of this Act shall on demand by an authorized officer give his name and place of residence. S. 56(2) amended by Nos 9758 s. 2, 86/1990 s. 5(g), 37/2014 s. 10(Sch. item 56.3). (2) Any person reasonably suspected of committing an offence against this Act who refuses to give his name and place of residence upon demand by an authorized officer or police officer or who gives a false name or place of residence shall be guilty of an offence. 20 penalty units. S. 56(3) amended by No. 37/2014 s. 10(Sch. item 56.3). (3) Any police officer may assist an authorized officer in the execution of his duty.
S. 59A(ba) inserted by No. 20/1988 s. 15. (ba) to the effect that for any specified vehicle, property or person— (i) there was, or was not, in force a permit on a certain date or for a certain period; or (ii) there was in force a permit which was subject to a specified condition, limitation or restriction; or (iii) the permit relating to the vehicle, property or person was suspended on a certain date or for a certain period; S. 59A(bb) inserted by No. 20/1988 s. 15. (bb) to the effect that a label was affixed to any specified vehicle under any specified section of this Act; S. 59A(bc) inserted by No. 20/1988 s. 15. s. 59A (bc) to the effect that permission of any specified kind was, or was not, granted under the Act to any specified person; (c) to the effect that no exemption of any specified kind has been granted under this Act in favour of any specified person; or S. 59A(d) amended by Nos 22/1987 s. 18(b), 20/1994 s. 10(2)(a)(i)(ii). (d) to the effect that any person was or was not licensed or did or did not have a research, development and demonstration approval or a works approval on a certain date or for a certain period or that a licence, a research, development and demonstration approval or works approval was subject to any specified condition, limitation or restriction or that a licence was suspended during a certain period or that a site was or was not licensed to accept industrial waste on a certain date or for a certain period; 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 Nos 37/2002 s. 45(2)(b), 37/2014 s. 10(Sch. item 56.3). (c) in the case of an informant who is a police officer, by a police prosecutor; or S. 59AC(d) inserted by No. 37/2002 s. 45(2)(b), amended by No. 61/2006 s. 57. (d) by a person authorised by the Authority to appear on behalf of informants in proceedings under this Act. S. 59AD inserted by No. 61/2006 s. 58. 59AD Summary jurisdiction in indictable offences s. 59AD S. 59AD(1) amended by No. 68/2009 s. 97(Sch. item 50.25). (1) Part 3.1 of Chapter 3 of the Criminal Procedure Act 2009 enabling the hearing of a charge for certain indictable offences in a summary way has effect with respect to indictable offences under this Act, subject to this section. S. 59AD(2) amended by No. 68/2009 s. 97(Sch. item 50.26(a)). (2) Any consent required by Part 3.1 of Chapter 3 of the Criminal Procedure Act 2009 to be given by the person charged may, in the absence of that person, be given on that person's behalf by— S. 59AD(2)(a) repealed by No. 68/2009 s. 97(Sch. item 50.26(b)). * * * * *
S. 62(11) inserted by No. 20/1988 s. 19. (11) A notice must— (a) be in writing; and (b) be served by— (i) displaying a copy of the notice on the property (if this is possible); and (ii) publishing a copy of the notice once in a newspaper circulating generally in the area in which the property is located and once in a newspaper circulating throughout — not less than 1 month before the intended sale. S. 62(11A) inserted by No. 85/1998 s. 24(Sch. item 21.6). (11A) If the land to be sold is not under the Transfer of Land Act 1958, it must be brought under that Act before it is sold. S. 62(12) inserted by No. 20/1988 s. 19, amended by No. 85/1998 s. 24(Sch. item 21.7). (12) Section 77 of the Transfer of Land Act 1958 applies to the sale as if— (a) the charge were a registered first mortgage registered in priority to other registered encumbrances; and s. 62 (b) the Authority were a mortgagee under that mortgage; and (c) the owner of the land were a mortgagor under that mortgage; and (d) the requirement relating to the giving of notice were deleted; and (e) subsection (3)(d) were deleted. S. 62(13) inserted by No. 20/1988 s. 19, repealed by No. 85/1998 s. 24(Sch. item 21.8). * * * * *
S. 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
S. 71(1)(ada) inserted by No. 20/1994 s. 13(2), substituted by No. 61/2006 s. 32. (ada) specifying scheduled premises or a class of scheduled premises in respect of which the Authority may require a financial assurance; s. 71 S. 71(1)(adb) inserted by No. 61/2006 s. 32. (adb) specifying scheduled premises or a class of scheduled premises in respect of which the landfill levy is payable; S. 71(1)(adc) inserted by No. 61/2006 s. 32. (adc) specifying scheduled premises or a class of scheduled premises in respect of which the environment protection levy is payable; S. 71(1)(add) inserted by No. 61/2006 s. 32. (add) prescribing reduced scales of licence fees payable by licence holders in respect of accreditation on the anniversary of the issue of the licence; S. 71(1)(ae) inserted by No. 10092 s. 30(a), amended by Nos 10160 s. 11, 10261 s. 38(b), 87/1989 s. 63(1)(b) (as amended by No. 86/1990 s. 13(2)(f)). (ae) exempting any persons or class of persons, any motor vehicle or class of motor vehicles, any premises or class of premises, any operation or work carried on upon any premises, or any category, type, volume or kind of waste or prescribed waste from all or any of the provisions of this Act; 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;
(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). s. 71 (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)(la) inserted by No. 10092 s. 30(h), amended by No. 2/1999 s. 18(a). (la) prescribing types or classes of waste for the purposes of Part IXA; S. 71(1)(lb) inserted by No. 10092 s. 30(h). (lb) regulating and controlling the vehicular transport of waste; S. 71(1)(lc) inserted by No. 10092 s. 30(h), substituted by No. 10261 s. 38(e), amended by Nos 48/1988 s. 40(2)(e)(i), 87/1989 s. 19(j), substituted by No. 2/1999 s. 18(b). (lc) prescribing fees not exceeding 200 fee units for applications for the issue, transfer and variation of permits under Part IXA and, for the annual renewal of those permits, fees not exceeding 200 fee units in respect of each vehicle to which the permit is to apply; S. 71(1)(ld) inserted by No. 10092 s. 30(h), substituted by No. 2/1999 s. 18(c). s. 71 (ld) identification of waste, the making and keeping of records about waste or the movement of waste, the notification and reporting of information about the waste or the movement of waste; S. 71(1)(lda) inserted by No. 2/1999 s. 18(c). (lda) permits required under section 53A, including— (i) applications for the issue of permits, and the renewal, transfer and variation of those permits; (ii) the issue of those permits; (iii) conditions on those permits; (iv) the transfer and variation of permits; (v) the refusal and suspension or cancellation of those permits; (vi) the renewal of those permits;
S. 71(4) inserted by No. 8823 s. 13(e), repealed by No. 9988 s. 8, new s. 71(4) inserted by No. 30/1989 s. 6, amended by Nos 87/1989 s. 63(2), 78/2010 s. 24(Sch. 1 item 13.1). (4) Regulations made under subsection (1) may be disallowed in whole or in part by resolution of either House of Parliament. S. 71(5) inserted by No. 8823 s. 13(e), repealed by No. 9988 s. 8, new s. 71(5) inserted by No. 30/1989 s. 6, repealed by No. 78/2010 s. 24(Sch. 1 item 13.2). * * * * * S. 72 inserted by No. 10261 s. 39. 72 Provision for matter by reference s. 72 S. 72(1) amended by Nos 37/2002 s. 11(n), 61/2006 s. 65. (1) Regulations made under this Act may make provision for or in relation to any matter by applying, adopting or incorporating with or without modification the provisions of any State environment protection policy or waste management policy or of a national environment protection measure as in force at a particular time or as in force from time to time. S. 72(2) amended by No. 37/2002 s. 11(n). (2) State environment protection policy or waste management policy may make provision for or in relation to any matter by applying, adopting or incorporating with or without modification the
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 waste is deposited Amount payable for each tonne deposited (in fee units) Schedule C Premises Non-Schedule C Premises Municipal waste Industrial waste Municipal waste Industrial waste
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) Assent Date: 22.5.84 Commencement Date: Ss 1–3 (impliedly), 4–7, 9(3), 12(3)(b), 13–18, 20–30 on 1.7.84; ss 8, 9(1)(2), 10, 11, 12(1)–(3)(a), 19 on 1.1.85: Government Gazette 27.6.84 p. 2038 : All of Act in operation Environment Protection (General Amendment) Act 1984, No. 10160/1984