authorized means authorized in writing by the Authority either generally or specially; S. 4(1) def. of authorized officer substituted by No. 10092 s. 5(1)(b). authorized officer means a person appointed under this Act as an authorized officer for the purposes of this Act; S. 4(1) def. of Barwon South West Waste and Resource Recovery Group inserted by No. 20/2014 s. 3(1). Barwon South West Waste and Resource Recovery Group means the Waste and Resource Recovery Group established for the Barwon South West Waste and Resource Recovery Region; S. 4(1) def. of Barwon South West Waste and Resource Recovery Region inserted by No. 20/2014 s. 3(1). Barwon South West Waste and Resource Recovery Region means the region that consists of the municipal districts of the following councils— (a) Borough of Queenscliffe Council; (b) Colac-Otway Shire Council; (c) Corangamite Shire Council; (d) Glenelg Shire Council; (e) Greater Geelong City Council; (f) Moyne Shire Council; (g) Southern Grampians Shire Council; (h) Surf Coast Shire Council; (i) Warrnambool City Council; S. 4(1) def. of beneficial use amended by No. 8823 s. 2(1)(a), substituted by No. 10092 s. 5(1)(c). beneficial use means a use of the environment or any element or segment of the environment which— (a) is conducive to public benefit, welfare, safety, health or aesthetic enjoyment and which requires protection from the
S. 4(1) def. of Goulburn Valley Waste and Resource Recovery Group inserted by No. 20/2014 s. 3(1). Goulburn Valley Waste and Resource Recovery Group means the Waste and Resource Recovery Group established for the Goulburn Valley Waste and Resource Recovery Region; S. 4(1) def. of Goulburn Valley Waste and Resource Recovery Region inserted by No. 20/2014 s. 3(1). Goulburn Valley Waste and Resource Recovery Region means the region that consists of the municipal districts of the following councils— (a) Campaspe Shire Council; (b) Greater Shepparton City Council; (c) Mitchell Shire Council; (d) Moira Shire Council; (e) Murrindindi Shire Council; (f) Strathbogie Shire Council; S. 4(1) def. of Grampians Central West Waste and Resource Recovery Group inserted by No. 20/2014 s. 3(1). Grampians Central West Waste and Resource Recovery Group means the Waste and Resource Recovery Group established for the Grampians Central West Waste and Resource Recovery Region; S. 4(1) def. of Grampians Central West Waste and Resource Recovery Region inserted by No. 20/2014 s. 3(1). Grampians Central West Waste and Resource Recovery Region means the region that consists of the municipal districts of the following councils— (a) Ararat Rural City Council; (b) Ballarat City Council; (c) Central Goldfields Shire Council; (d) Golden Plains Shire Council; (e) Hepburn Shire Council;
(f) Hindmarsh Shire Council; (g) Horsham Rural City Council; (h) Moorabool Shire Council; (i) Northern Grampians Shire Council; (j) Pyrenees Shire Council; (k) West Wimmera Shire Council; (l) Yarrambiack Shire Council; S. 4(1) def. of greenhouse gas substance inserted by No. 54/2010 s. 66(a). greenhouse gas substance means— (a) carbon dioxide, methane, nitrous oxide or sulphur hexafluoride, whether in a gaseous or liquid state; or (b) a hydrofluorocarbon or a perfluorocarbon, whether in a gaseous or liquid state, that is specified in regulations made under the National Greenhouse and Energy Reporting Act 2007 of the Commonwealth; S. 4(1) def. of ground-water inserted by No. 10092 s. 5(1)(h). groundwater means any water contained in or occurring in a geological structure or formation or an artificial land fill; S. 4(1) def. of highway inserted by No. 10092 s. 5(1)(h), amended by No. 127/1986 s. 102(Sch. 4 item 8.1(a)). highway means— (a) any street, road, lane, bridge, thoroughfare or other place open to or used by members of the public for passage by motor vehicles; and (b) any public car park; S. 4(1) def. of IBAC inserted by No. 82/2012 s. 174, amended by No. 82/2012 s. 308(b). IBAC means the Independent Broad-based Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011;
S. 4(1) def. of notifiable chemical inserted by No. 10261 s. 5(a)(iv), amended by No. 87/1989 s. 4(g)(i)(ii). notifiable chemical means a chemical— (a) for which the Authority has certified that there is not available and accessible in Victoria a satisfactory facility for the destruction or disposal of the chemical or the nature of the chemical is such that the location, storage or handling of which may cause an environmental hazard; and (b) which is prescribed or declared to be a notifiable chemical; S. 4(1) def. of occupier substituted by No. 10092 s. 5(1)(l). occupier in relation to any premises includes a person who is in occupation or control of the premises whether or not that person is the owner of the premises and in relation to premises different parts of which are occupied by different persons means the respective persons in occupation or control of each part; S. 4(1) def. of owner repealed by No. 10092 s. 5(1)(l). * * * * * S. 4(1) def. of substance inserted by No. 30/1989 s. 3, amended by No. 7/2001 s. 15. ozone-depleting substance means any chlorofluorocarbon, halon, hydrochlorofluorocarbon or any other substance prescribed to be an substance; S. 4(1) def. of permit inserted by No. 10261 s. 5(a)(v), substituted by No. 48/1988 s. 40(2)(a). permit means— (a) a permit to transport prescribed waste or prescribed industrial waste issued under Part IXA; and
(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(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;
(d) generally to carry out any other function or duty given to it, or imposed on it, by this Act or any other Act. (3) The Board may do all things that are necessary or convenient to enable it to perform its functions. S. 9 amended by Nos 8277 s. 3, 9098 s. 4(a)(b), 9512 s. 2(1), 9988 s. 2, substituted by No. 10092 s. 6(1), amended by No. 42/1995 s. 224(Sch. 2 item 15), substituted by No. 65/1996 s. 3. 9 Members of the Board (1) The Board consists of 3 people appointed by the Governor in Council on the recommendation of the Minister who, in the opinion of the Minister, have skills, experience or knowledge that will assist the Board to carry out its functions. (2) The Governor in Council, on the recommendation of the Minister, must appoint one of the people appointed under subsection (1) to be the President of the Board. (3) An act or decision of the Board is not invalid by reason only of vacancies in the membership of the Board or of defects in the appointment of the members of the Board. S. 10 amended by Nos 9098 ss 5(a)–(c), 6(a), 9427 s. 6(1)(Sch. 5 item 52), substituted by Nos 10092 s. 6(1), 65/1996 s. 3. 10 Conditions of office of members S. 10(1) amended by No. 49/2000 s. 27(a). (1) A member of the Board— (a) holds office for the period specified in her or his instrument of appointment, which must be a period of not more than 3 years; (b) holds office on a part-time basis on the terms and conditions determined by the Governor in Council;
S. 13(1)(b) amended by Nos 8823 s. 2(1)(b)(i)(ii), 10261 s. 6(a). (b) to be responsible for and to co-ordinate all activities relating to the discharge of wastes into the environment and the generation, storage, treatment, transport and disposal of industrial waste and the emission of noise and for preventing or controlling pollution and noise and protecting and improving the quality of the environment; S. 13(1)(c) amended by No. 10160 s. 4(h). (c) to recommend to the Governor in Council State environment protection policy for the protection of any portion or portions of the environment or any segment or segments of the environment with respect to the uses and values, whether tangible or intangible, to be protected, the quality to be maintained, the extent to which the discharge of wastes may be permitted without detriment to the quality of the environment, long range development uses and planning and any other factors relating to the protection of the environment; S. 13(1)(ca) inserted by No. 10261 s. 6(b), amended by No. 37/2002 s. 11(a). (ca) to recommend to the Governor in Council waste management policy; S. 13(1)(cd) inserted by No. 10/1995 s. 66, renumbered as s. 13(1)(cb) by No. 2/1999 s. 20, amended by No. 37/2002 s. 11(a). (cb) to implement national environment protection measures by incorporation into, or variation of, a State environment protection policy or waste management policy in accordance with section 17A; S. 13(1)(cc) inserted by No. 7/2001 s. 4. (cc) to develop economic measures for the purpose of providing an economic incentive to avoid or minimise harm to the
S. 18(2)(a) amended by No. 37/2002 s. 11(f)(ii). (a) the objectives of the waste management policy; S. 18(2)(b) amended by No. 37/2002 s. 11(f)(ii). (b) the substances, circumstances and regions to which the waste management policy is to apply; and S. 18(2)(c) amended by No. 37/2002 s. 11(f)(ii). (c) the time by which or period during which the waste management policy is to be in force. S. 18A inserted by No. 20/1994 s. 6. 18A Preparation of policies (1) This section does not apply to— S. 18A(1)(a) amended by No. 37/2002 s. 11(h). (a) an Order made by the Governor in Council declaring a waste management policy certified under section 18B; or S. 18A(1)(b) amended by No. 37/2002 s. 11(g)(i)(h). (b) the variation of an Order made by the Governor in Council declaring a State environment protection policy or a waste management policy by a further Order under section 16(2) or 16A(2) which the Authority determines to be fundamentally declaratory, machinery or administrative in nature; or S. 18A(1)(c) amended by Nos 10/1995 s. 68(1), 37/2002 s. 11(g)(i). (c) the revocation of an Order made by the Governor in Council by a further Order under section 16(2) or 16A(2); or
S. 19AH inserted by No. 7/2001 s. 8. 19AH Endorsement of a directed or voluntary proposal (1) The Authority may endorse a directed or voluntary proposal to develop a neighbourhood environment improvement plan if the Authority is satisfied that all persons who may be required to undertake specified works under the proposed plan have agreed to participate in the development of the plan. (2) The Authority may impose any term, condition, limitation or restriction on that endorsement. (3) The Authority must by notice in writing to the relevant protection agency specify the reasons for imposing any term, condition, limitation or restriction on that endorsement. S. 19AI inserted by No. 7/2001 s. 8. 19AI Approval of neighbourhood environment improvement plan (1) A protection agency must submit a neighbourhood environment improvement plan that is prepared in accordance with a proposal endorsed under section 19AH to the Authority for approval. (2) The Authority may direct the protection agency to amend the neighbourhood environment improvement plan submitted to the Authority for approval. (3) The Authority may only approve an neighbourhood environment improvement plan if the plan— (a) specifies the area in respect of which the plan operates; and S. 19AI(3)(b) amended by No. 37/2002 s. 11(n). (b) is consistent with any applicable State environment protection policy or waste management policy; and (c) provides for the monitoring of compliance with the neighbourhood environment
(b) if the Authority is not satisfied that the works have been satisfactorily completed, the Authority shall advise the applicant accordingly. (7B) Unless an agreement is made under section 67A, if at the expiry of the period of 45 days specified in subsection (7A) the Authority has not made a decision as to whether or not the works have been satisfactorily completed, the Authority shall upon that expiry be deemed to be satisfied that the works have been satisfactorily completed and subsection (7A)(a) shall apply accordingly. S. 20(7C) inserted by No. 22/1987 s. 8(b), amended by No. 87/1989 s. 14(a). (7C) If a works approval has been obtained in respect of any premises, but only part of the works has been satisfactorily completed in accordance with the works approval, the Authority may issue a licence subject to any conditions that are not inconsistent with any conditions specified in the works approval that the Authority considers appropriate in respect of that part of the premises in which the works have been so completed. (8) Where the Authority receives an application under this section which relates to a matter in respect of which a works approval was required to be obtained and has not been obtained and the works have been completed or substantially completed the following provisions shall apply— (a) the Authority shall 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
(v) the works are prohibited by the planning scheme; S. 20(8)(cb) inserted by No. 45/1987 s. 205(Sch. item 21(c)). (cb) the responsible authority may also— (i) tell the Authority in writing within 45 days after the day on which the copy of the application was sent whether it supports, does not object or objects to the application; and (ii) ask the Authority in writing within 45 days after the day on which the copy of the application was sent to include specified conditions in the licence if it is issued; S. 20(8)(cc) inserted by No. 45/1987 s. 205(Sch. item 21(c)). (cc) the responsible authority must give the Authority a copy of any permit issued under the Planning and Environment Act 1987 for the works; (d) the Authority shall— S. 20(8)(d)(i) substituted by No. 45/1987 s. 205(Sch. item 21(d)). (i) take into account any replies, reports, comments and information received under paragraph (c), (ca), (cb) or (cc); and S. 20(8)(d)(ii) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1), 11/2002 s. 3(Sch. 1 item 22), 29/2010 s. 39. (ii) where the Secretary to the Department of Health submits a written report objecting to the granting of the application on the ground that the public health is likely to be endangered if a licence is issued, refuse to issue a licence; and S. 20(8)(d)(iii) inserted by No. 45/1987 s. 205(Sch. item 21(d)). (iii) if the works are prohibited by a planning scheme, refuse to issue a licence;
jointly, to a representative of those people or bodies); or (b) publishing notice of the issue in a newspaper circulating generally throughout . S. 20(8C) inserted by No. 22/1987 s. 9(b). (8C) Subsections (8) and (8B) with any necessary modifications apply to any application under this section for a licence— (a) in respect of premises which before 1 January 1985 were exempt from the requirement to hold a licence; and (b) which relates to a matter for which works approval is not required. (9) During the currency of a licence the Authority may by notice in writing served upon the holder of a licence— S. 20(9)(a) amended by Nos 87/1989 s. 7(c), 61/2006 s. 8(3)(a). (a) revoke or suspend the licence as it relates to a scheduled premises where— (i) the Authority is satisfied that there has been a contravention of any of the conditions subject to which a works approval was issued to the holder of the licence; S. 20(9)(a)(ii) amended by No. 87/1989 s. 14(c) (as amended by No. 86/1990 s. 13(2)(d)). (ii) the Authority is satisfied that there has been a contravention of any of the conditions to which the licence is subject; S. 20(9)(a)(iii) amended by No. 10261 s. 9(2). (iii) a discharge, emission or deposit of waste or any category, type or volume of prescribed industrial waste is exempted by the regulations from requiring a licence under this section;
(a) to supply to the Authority within the time specified in the notice any information, plans and specifications specified in the notice which the Authority considers necessary and relevant to the consideration of the application; and S. 22(1)(b) amended by No. 10261 s. 11(2). (b) participate in and where the Authority considers it appropriate bear the cost of a course of study as specified in the notice to enable the Authority to assess the likely effects of any discharge, emission or deposit of waste into the environment or of the reprocessing, treatment, storage or disposal of prescribed industrial waste on the environment. (2) Where an applicant does not comply with a notice served under subsection (1) within the period of time specified in the notice any time limit imposed by this Act on the Authority in respect of that application shall be extended by the period of time after the expiry of that period for which the applicant continues that failure to comply. S. 23 substituted by No. 10092 s. 9(1). 23 Register of works approvals and licences The Authority shall keep registers of works approvals and licences as are prescribed. S. 23A inserted by No. 10092 s. 9(1), amended by No. 61/2006 s. 12 (ILA s. 39B(1)). 23A Surrender of licence (1) The holder of a licence may apply in writing to the Authority to be permitted to surrender the licence and upon the Authority accepting the surrender of the licence the licence shall cease to be in force. S. 23A(2) inserted by No. 61/2006 s. 12. (2) The holder of a licence which applies in respect of more than one scheduled premises may apply in writing to the Authority to be permitted to surrender that part of the licence which relates to
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). (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
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 (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. 31A(2)(f) substituted by No. 49/2000 s. 11(3). (f) to provide monitoring equipment, to carry out a monitoring program and to give the Authority specified results, measurements and information in relation to a monitoring program; S. 31A(2)(g) inserted by No. 87/1989 s. 27(b), amended by No. 7/2001 s. 9(2). (g) to comply with any requirement specified for the purpose of enforcing an environment improvement plan or a neighbourhood environment improvement plan prepared as a result of a directed proposal. S. 31A(2A) inserted by No. 20/1988 s. 9(2), amended by No. 61/2006 s. 49(1)(d). (2A) If premises are— S. 31A(2A)(a) amended by No. 87/1989 s. 27(c), substituted by No. 61/2006 s. 22(1)(a). (a) a scheduled premises prescribed as a scheduled premises requiring a financial assurance; or (b) premises on which more than the prescribed quantity or the prescribed concentration of a notifiable chemical are stored, processed or used— the pollution abatement notice may require the person on whom it is served to provide the Authority with a financial assurance satisfactory to the Authority in accordance with section 67B. S. 31A(2B) inserted by No. 49/2000 s. 11(5), amended by No. 61/2006 s. 22(1)(b)(c). (2B) If a premises emits noise and is used lawfully for a purpose for which a new use could not be established under a planning scheme under the Planning and Environment Act 1987, the Authority may take that fact into account in deciding whether to issue a pollution abatement notice in respect of the noise emitted from that premises, or in deciding what is to be included in such a notice.
(b) to require the occupier of the premises to publish results of the environmental audit in the manner specified by the Authority and, at intervals specified by the Authority in the manner specified by the Authority, the results of any monitoring program required under this Act. (5) A person must not make a false statement in any results published under subsection (4)(b). 2500 penalty units or imprisonment for 2 years or both. (6) An environment improvement plan should include— S. 31C(6)(a) amended by No. 37/2002 s. 11(n). (a) a requirement that any relevant State environment protection policy, waste management policy, regulations and licence conditions must be complied with; and (b) emission and waste production standards for the industry; and (c) requirements for the monitoring of compliance with the environment improvement plan; and (d) provision for the participation of the community in the evaluation of the performance in meeting objectives under the environment improvement plan; and (e) provision for the up-grading of plant and equipment to meet objectives under the environment improvement plan; and (f) provision for the assessment of new or emerging technology in the industry or in pollution control; and (g) provision for contingency or emergency plans.
S. 33B(4) substituted by No. 52/1998 s. 311(Sch. 1 item 27.9). (4) If an application for review of a decision is made under this section the decision is suspended until the application is withdrawn or the review is determined. S. 33B(5) inserted by No. 61/2006 s. 26(2). (5) This section as in force before the commencement of section 26 of the Environment Protection (Amendment) Act 2006 continues to apply in respect of an application for a review in respect of a works approval or licence which is the subject of a decision specified in subsection (1) made before that commencement. S. 33B(6) inserted by No. 61/2006 s. 26(2). (6) This section as in force after the commencement of section 26 of the Environment Protection (Amendment) Act 2006 applies in respect of an application for a review in respect of a works approval or licence which is the subject of a decision specified in subsection (1) made after that commencement. S. 33C inserted by No. 10092 s. 12(1) (as amended by No. 10160 s. 8(1)(a)), amended by Nos 9/1987 s. 9(Sch. 3 item 5.7), 87/1989 s. 14(c), substituted by No. 52/1998 s. 311(Sch. 1 item 27.10). 33C What matters can Tribunal consider in reviews of conditions of works approvals and licences? (1) This section applies if— (a) the Authority or a delegated agency has amended a works approval or licence; and (b) a person has applied to the Tribunal for review of any of the conditions to which the works approval or licence is subject. (2) In a review referred to in subsection (1)(b), the Tribunal may only consider, and make orders in respect of, those matters directly related or consequential to the amendment of the works approval or licence.
S. 34 substituted by No. 10092 s. 12(1), amended by No. 87/1989 s. 10(f). 34 Reviews in respect of section 28B notices S. 34(1) amended by Nos 9/1987 s. 9(Sch. 3 item 5.8), 52/1998 s. 311(Sch. 1 item 27.11 (a)(i)(ii)). (1) A person whose interests are affected by a requirement specified in an abatement notice or notice of amendment of an abatement notice served on that person under section 28B may within 21 days after the service of the abatement notice or notice of amendment apply to the Tribunal for review of the abatement notice or notice of amendment. S. 34(2) amended by Nos 9/1987 s. 9(Sch. 3 item 5.8), 52/1998 s. 311(Sch. 1 item 27.11(b)). (2) In determining a review under this section, the Tribunal may only take into account the present capacity or resources of the sewerage authority to treat the waste in respect of which the abatement notice or notice of amendment relates to the standard required to comply with the conditions subject to which the licence of that sewerage authority is issued. S. 35 substituted by No. 10092 s. 12(1), amended by No. 87/1989 s. 10(f). 35 Reviews in respect of notices under section 31A S. 35(1) amended by Nos 9/1987 s. 9(Sch. 3 item 5.9), 52/1998 s. 311(Sch. 1 item 27.12 (a)(b)). (1) A person whose interests are affected by a requirement specified in a pollution abatement notice or a notice of amendment served on that person under section 31A may within 21 days after the service of the pollution abatement notice or notice of amendment apply to the Tribunal for review of the pollution abatement notice or notice of amendment.
S. 37A(b) amended by No. 81/2004 s. 47(2). (b) where appropriate, have regard to any planning scheme or amendment adopted by a planning authority under the Planning and Environment Act 1987 but not, as at the date the application is determined, approved by the Minister or the planning authority; and S. 37A(c) substituted by No. 37/2002 s. 11(p). (c) take account of, and give effect to, any relevant State environment protection policy or waste management policy; and (d) where appropriate, have regard to any agreement made under section 173 of the Planning and Environment Act 1987 affecting land the subject of the application. _______________ S. 38 amended by No. 37/2002 s. 11(q). 38 Discharges etc. to comply with policy The discharge or deposit of wastes into waters of the State of Victoria shall at all times be in accordance with declared State environment protection policy or waste management policy specifying acceptable conditions for the discharge or deposit of wastes into waters in the environment and shall comply with any standards prescribed therefor under this Act. S. 39 amended by Nos 8277 s. 8, 9758 s. 5(a)(b), substituted by No. 10092 s. 13. 39 Pollution of waters S. 39(1) amended by No. 20/1988 s. 7(b). (1) A person shall not pollute any waters so that the condition of the waters is so changed as to make or be reasonably expected to make those waters—
(8) Subject to subsection (10), on and after 1 July 1985 a petrol supplier who fails or refuses to comply with a request from another person to be supplied with unleaded petrol shall be guilty of an offence. (9) It is sufficient compliance with a request referred to in subsection (8) if a petrol supplier arranges for the supply, by another person, of unleaded petrol in accordance with the request. S. 42B(10) amended by No. 68/2009 s. 97(Sch. item 50.9). (10) If in proceedings for an offence under subsection (8) it is proved to the satisfaction of the court— S. 42B(10)(a) amended by No. 68/2009 s. 97(Sch. item 50.9). (a) that the accused had taken all reasonable steps to comply with the request, but was prevented, by circumstances over which the accused had no control, from doing so; or S. 42B(10)(b) amended by No. 68/2009 s. 97(Sch. item 50.9). (b) that due to— (i) the nature of the request; or (ii) the nature, character or actions of the person making the request— it was reasonable in all the circumstances for the accused to refuse or fail to comply with the request— the accused shall be discharged from the prosecution. S. 42B(11) amended by No. 87/1989 s. 30(f).
(11) Subject to subsection (14), a person who sells as unleaded petrol, any substance which is not unleaded petrol shall be guilty of an offence. (12) A person who purchases for resale a substance which the vendor represents to be unleaded petrol may request from the vendor a warranty in writing that the substance is unleaded petrol. (13) A vendor who fails or refuses to comply with a request under subsection (12) shall be guilty of an offence. S. 42B(14) amended by No. 68/2009 s. 97(Sch. item 50.9). (14) If in proceedings for an offence under subsection (11) it is proved to the satisfaction of the court— S. 42B(14)(a) amended by No. 68/2009 s. 97(Sch. item 50.9). (a) that the accused purchased the substance with a warranty from the vendor that the substance was unleaded petrol; and S. 42B(14)(b) amended by No. 68/2009 s. 97(Sch. item 50.9). (b) that at the time of the alleged offence the substance was in the same state as when the accused purchased it— the accused shall be discharged from the prosecution. (15) The provisions of subsections (8) to (15) of section 42A apply, with any necessary modifications, in relation to subsection (11) of this section.
S. 43 amended by Nos 9758 s. 5(a)(b), 9803 s. 5(2)(b), 10092 s. 29(3)(a), 87/1989 s. 7(a), 86/1990 s. 5(a)(b), 49/2000 s. 3(15)(Sch. item (12) (a)–(c)), 68/2009 s. 97(Sch. item 50.10). 43 Penalty Any person who contravenes any of the preceding provisions of this Part shall be guilty of an indictable offence against this Act and liable to a penalty of not more than 2400 penalty units and in the case of a continuing offence to a daily penalty of not more than 1200 penalty units for each day the offence continues after conviction or after service by the Authority on the accused of notice of contravention of the preceding provisions of this Part (whichever is the earlier). S. 43A inserted by No. 9803 s. 5(1), substituted by No. 10092 s. 15(1), amended by Nos 127/1986 s. 102(Sch. 4 item 8.2), 22/1987 s. 12(1)(a)(b). 43A Provision concerning motor vehicles S. 43A(1) amended by Nos 20/1988 ss 12(a), 14(a), 49/2000 s. 3(5). (1) A person who is the registered owner of a motor vehicle, the owner of an unregistered motor vehicle or the driver of a motor vehicle which is used on a highway and at the time of use— S. 43A(1)(a) amended by No. 127/1986 s. 102(Sch. 4 item 8.2). (a) is not equipped with any device or equipment required by the regulations to be fitted to the motor vehicle so as to prevent or minimize pollution; or (b) is 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—
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). (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).
S. 50S inserted by No. 53/1992 s. 4, substituted by No. 65/1996 s. 13. 50S Landfill levy—amount payable 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. S. 50S(2) substituted by Nos 37/2002 s. 32(1), 61/2006 s. 27(2). (2) The holder of a licence in respect of a scheduled premises which is— (a) prescribed as a scheduled premises required to pay the landfill levy; and (b) licensed for the discharge or deposit to land of wastes that are prescribed industrial waste— must pay to the Authority a landfill levy for each tonne of waste that is deposited on to land at the premises. S. 50S(2A) inserted by No. 2/1999 s. 6, substituted by No. 37/2002 s. 32(1), amended by Nos 61/2006 s. 54(1), 20/2014 s. 8(1). (2A) Subject to subsection (2AAA), the amount of the levy payable under subsection (1) is the amount specified in Schedule D for the relevant premises, period and type of waste. S. 50S(2AAA) inserted by No. 20/2014 s. 8(2). (2AAA) In respect of each year on and after 1 July 2015, the amount of the levy payable under subsection (1) is the amount specified in fee units in Schedule DA for the relevant premises and type of waste. S. 50S(2AA) inserted by No. 61/2006 s. 54(2). (2AA) The amount of the levy payable under subsection (2) is the amount specified in Schedule E for the relevant category of prescribed industrial waste.
S. 53I inserted by No. 10261 s. 23, amended by No. 86/1990 s. 5(a), repealed by No. 2/1999 s. 17. * * * * * _______________ Pt 9B (Heading and ss 53J–53O) inserted by No. 48/1988 s. 40(1) (as amended by No. 87/1989 s. 65(a)). S. 53J inserted by No. 48/1988 s. 40(1) (as amended by No. 87/1989 s. 65(a)). 53J Definitions (1) In this Part— municipal council means council of a municipality; municipality includes municipality within the meaning of the Local Government Act 1958 and also the city of and the city of ; municipal fund includes, in the case of and , the town fund; septic tank system means a system for the bacterial, biological, chemical or physical treatment of sewage, and includes all tanks, beds, sewers, drains, pipes, fittings, appliances and land used in connection with the system; sewage means any waste containing human excreta or domestic waste water.
S. 53MB inserted by No. 86/1990 s. 10(1), amended by No. 49/2000 s. 3(15)(Sch. item (29)). 53MB Approval of septic tank system A septic tank system must not be used until the municipal council has inspected the septic tank system and issued a certificate approving its use. 120 penalty units. S. 53N inserted by No. 48/1988 s. 40(1) (as amended by No. 87/1989 s. 65(a)). 53N Maintenance of septic tank systems An occupier of premises on which a septic tank is located must maintain it in accordance with the requirements specified in the permit issued by the municipal council for that septic tank system. 10 penalty units. S. 53O inserted by No. 48/1988 s. 40(1) (as amended by No. 87/1989 s. 65(a)). 53O Annual return (1) The municipal council must, in respect of each financial year, lodge with the Authority an annual return in the month of July each year containing the following particulars— (a) the number of permits issued for septic tank systems; (b) the number of septic tank systems disconnected; (c) the number of septic tank systems inspected; (d) the number of septic tank systems which have been in use within the municipality during the financial year. (2) A municipal council is exempted from complying with subsection (1) if during the financial year— (a) the council has not issued any permits for septic tank systems; and (b) there have been no septic tank systems disconnected, inspected or in use in the municipality. _______________
(2) The Authority may at the request of a person to whom a notice is sent or served pursuant to subsection (1) extend by notice in writing the time within which the information is to be furnished. S. 54A(3) amended by Nos 10092 s. 20(2), 87/1989 s. 7(j), 49/2000 s. 3(15)(Sch. item (31)). (3) A person who contravenes any requirement made under this section shall be guilty of an offence. 120 penalty units. (4) The provisions of subsections (3) and (4) of section 54 shall, with such modifications as are necessary, apply to and in relation to this section. S. 54A(5) repealed by No. 10092 s. 15(4)(b). * * * * * S. 54B inserted by No. 10261 s. 24, amended by Nos 22/1987 s. 15(a)(b), 87/1989 s. 7(b), 49/2000 s. 3(8), repealed by No. 20/2014 s. 9. * * * * * Pt 10 Div. 1A (Heading and ss 54C–54F) inserted by No. 82/2012 s. 175. Division 1A—The Authority and the IBAC S. 54C inserted by No. 82/2012 s. 175. 54C Mandatory notification of corrupt conduct to IBAC (1) The Chairman must notify the IBAC of any matter of which the Chairman becomes aware in the
(ii) the occupier of the premises at which the use is being carried on or proposed to be carried on— to furnish to the authorized officer orally, or where specified in the notice, in writing, the name and address of any person who at a date specified in the notice, was the person referred to in this subsection. S. 55(3E) inserted by No. 10092 s. 21(c), amended by Nos 63/2006 s. 37(4), 20/2014 s. 24(3). (3E) A person upon whom a notice is served under subsection (3D) or (3DB) shall not be entitled to object to furnishing any information or making any statement as required by that notice on the ground of self-incrimination. S. 55(3F) inserted by No. 10092 s. 21(c). (3F) An authorized officer may at any reasonable time enter any premises in which fuel is offered for sale for use in any vehicle or ship and may therein take and remove any samples of any fuel offered for sale for use in any vehicle or ship. S. 55(4) repealed by No. 10092 s. 22(6)(b). * * * * * S. 55(5) amended by No. 8823 s. 4(g). (5) Notwithstanding the provisions of subsection (1) an authorized officer is not entitled to enter a private dwelling house or upon land used in connexion therewith unless he believes on reasonable grounds that pollutants are being discharged from those premises into the environment or finds that noise of an exceptional volume intensity or quality is being emitted therefrom.
S. 56(3) amended by No. 37/2014 s. 10(Sch. item 56.3). (3) Any police officer may assist an authorized officer in the execution of his duty. Pt 10 Div. 3 (Heading) inserted by No. 49/2000 s. 23(c). Division 3—Evidentiary and other legal matters S. 57 amended by Nos 8823 s. 6(a)(i)(ii)(b), 9207 s. 11(1)(2), 9427 s. 6(1)(Sch. 5 item 54), substituted by No. 10092 s. 22(1), amended by Nos 10261 s. 29(1), 87/1989 s. 47(a). 57 Authorized officers and analysts S. 57(1) amended by No. 7/2001 s. 13(1)(a). (1) The Authority may appoint any person to be an authorized officer or analyst for the purposes of this Act. S. 57(2) amended by No. 7/2001 s. 13(1)(a). (2) The Authority shall issue to every authorized officer or analyst an authority in writing bearing a signed photograph of the officer. S. 57(3) amended by No. 7/2001 s. 13(1)(b). (3) An authorized officer or analyst shall if requested to do so on applying for admission to any premises or place where an authorized officer or analyst is empowered to enter by this Act produce the authority in writing.
S. 59AC(b) amended by Nos 35/1996 s. 453(Sch. 1 item 26), 18/2005 s. 18(Sch. 1 item 37), 17/2014 s. 160(Sch. 2 item 37). (b) by an Australian legal practitioner or other person empowered by law to appear for him or her; or S. 59AC(c) amended by Nos 37/2002 s. 45(2)(b), 37/2014 s. 10(Sch. item 56.3). (c) in the case of an informant who is a police officer, by a police prosecutor; or S. 59AC(d) inserted by No. 37/2002 s. 45(2)(b), amended by No. 61/2006 s. 57. (d) by a person authorised by the Authority to appear on behalf of informants in proceedings under this Act. S. 59AD inserted by No. 61/2006 s. 58. 59AD Summary jurisdiction in indictable offences S. 59AD(1) amended by No. 68/2009 s. 97(Sch. item 50.25). (1) Part 3.1 of Chapter 3 of the Criminal Procedure Act 2009 enabling the hearing of a charge for certain indictable offences in a summary way has effect with respect to indictable offences under this Act, subject to this section. S. 59AD(2) amended by No. 68/2009 s. 97(Sch. item 50.26(a)). (2) Any consent required by Part 3.1 of Chapter 3 of the Criminal Procedure Act 2009 to be given by the person charged may, in the absence of that person, be given on that person's behalf by— S. 59AD(2)(a) repealed by No. 68/2009 s. 97(Sch. item 50.26(b)). * * * * *
(7) Any money recovered by the Authority under this section is to be paid into the Consolidated Fund. (8) Any sum required by the Authority to refund a person under this section is to be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly). S. 65A(9) amended by No. 49/1991 s. 119(7) (Sch. 4 item 7). (9) If any property of the Crown or resource of the State is damaged or injured in the course of the commission of an offence against this Act or the regulations, the Authority may make an application under section 86 of the Sentencing Act 1991 on behalf of the Crown. (10) This section applies to all proceedings where a charge was laid after the commencement of section 24 of the Environment Protection (Amendment) Act 1988. S. 66 amended by No. 10092 s. 28(a)(b), substituted by No. 20/1988 s. 25. 66 Abatement of pollution by protection agency (1) If any segment or element of the environment is polluted or an environmental hazard occurs, a protection agency may, and if directed by the Authority must, conduct a clean up. (2) The Authority may specify the method to be used in the clean up. (3) The protection agency may— (a) recover the costs of a clean up from any person who caused or permitted the pollution or hazard; and (b) exercise any of the rights and powers given to the Authority by this Act with respect to the recovery of costs, resulting from pollution or an environmental hazard.
S. 67B inserted by No. 20/1988 s. 9(7). 67B Financial assurances S. 67B(1) amended by No. 7/2001 s. 23. (1) The financial assurances which the Authority may require under sections 21, 31A and 53F may include any of the following— S. 67B(1)(a) amended by No. 11/2001 s. 3(Sch. item 23.2(a)). (a) a letter of credit from a body that is permitted to use the expression "bank" under section 66 of the Banking Act 1959 of the Commonwealth; (b) certificates of title; S. 67B(1)(c) substituted by No. 11/2001 s. 3(Sch. item 23.2(b)). (c) personal guarantees; S. 67B(1)(ca) inserted by No. 11/2001 s. 3(Sch. item 23.2(b)). (ca) guarantees provided by a body that is permitted to use the expression "bank" under section 66 of the Banking Act 1959 of the Commonwealth; (d) bonds; (e) insurance; (f) any other form of security that the Authority considers appropriate. (2) The Authority is to determine the type and extent of a financial assurance. (3) The Authority may require the financial assurance to extend to the time when it is satisfied that no clean up will be required as a result of the use of the premises or the vehicle. (4) That time may extend beyond the time that the approval, licence, notice or permit to which the financial assurance applies is in force.
(b) notice of the production of the draft statement is advertised in a newspaper circulating generally throughout ; and (c) the advertisement includes— (i) an outline of the draft statement; and (ii) advice as to where a copy of the draft statement can be obtained or examined; and S. 70B(1)(c)(iii) amended by No. 54/2010 s. 70(7). (iii) a statement inviting anyone with an interest in the matter to make comments to the Premier or the Minister within 21 days after the date of publication of the advertisement; and S. 70B(1)(d) amended by Nos 54/2010 s. 70(8), 20/2014 s. 27(3). (d) there is published on the Internet site of the Department of Environment and Primary Industries a copy of the draft statement and a copy of the statement required by paragraph (c)(iii); and S. 70B(1)(e) amended by Nos 54/2010 s. 70(9), 20/2014 s. 27(4). (e) the Premier and the Minister consider any comments that are made in response to the invitations made under paragraphs (c)(iii) and (d) before approving and publishing the statement; and S. 70B(1)(f) amended by No. 20/2014 s. 27(5). (f) a copy of the approved statement is published in the Government Gazette. (2) It is not necessary to comply with this section in the case of a statement— (a) that only revokes an existing statement; or (b) that only amends an existing statement if the amendment is of a machinery or administrative nature.
S. 70D inserted by No. 37/2002 s. 36, substituted by Nos 54/2010 s. 71, 20/2014 s. 29. 70D General Landfill Levy Account (1) Within the Environment Protection Fund, the Authority must maintain an account known as the General Landfill Levy Account. (2) The Authority must credit to the General Landfill Levy Account all amounts paid into the Environment Protection Fund under section 70(3)(aba). (3) This section does not affect the operation of section 70(7). S. 70E inserted by No. 65/2005 s. 25, substituted by No 54/2010 s. 71, amended by No. 78/2012 s. 21, substituted by No. 20/2014 s. 29. 70E Municipal and Industrial Landfill Levy Trust Account (1) The Department of Environment and Primary Industries must establish and maintain an account called the Municipal and Industrial Landfill Levy Trust Account. (2) The Authority must credit to the Municipal and Industrial Landfill Levy Trust Account any amount standing to the credit of the General Landfill Levy Account at the end of each quarter by the 15th day of the following quarter. (3) Money paid into the Municipal and Industrial Landfill Levy Trust Account may only be applied by paying an amount to one or more of the following bodies— (a) the Authority; (b) Sustainability Victoria; (c) a Waste and Resource Recovery Group; (d) a public entity or other body established for public purposes to be used for environment assessment, protection, restoration or improvement purposes.
emissions or adaptation or adjustment to climate change in Victoria. 71 Regulations (1) The Governor in Council on the recommendation of the Authority may make regulations for or with respect to— S. 71(1)(a) substituted by No. 10092 s. 30(a), amended by No. 87/1989 s. 19(f). (a) prescribing scales of fees to a maximum of 4500 fee units with respect to an application for a works approval; S. 71(1)(aa) inserted by No. 10092 s. 30(a), amended by Nos 87/1989 s. 19(g), 86/1990 s. 6(1)(b), 7/2001 s. 17(2), 20/2008 s. 4. (aa) prescribing scales of fees in respect of a licensed scheduled premises to a maximum of 42 000 fee units with respect to each element of the environment being the atmosphere, land or waters to which waste is licensed to be discharged, emitted or deposited, payable on the issue of a licence and annually on the date fixed by the Authority under section 24(1)(a); S. 71(1)(ab) inserted by No. 10092 s. 30(a), amended by No. 87/1989 s. 19(h). (ab) prescribing fees not exceeding 85 fee units with respect to an application to amend a licence; S. 71(1)(ac) inserted by No. 10092 s. 30(a), amended by No. 87/1989 s. 19(i). (ac) prescribing fees not exceeding 35 fee units with respect to an application to transfer a works approval or a licence; S. 71(1)(aca) inserted by No. 7/2001 s. 13(5). (aca) prescribing a fee with respect to a completed environmental audit;
S. 71(1)(cb) inserted by No. 61/2006 s. 39, repealed by No. 20/2014 s. 30 (as amended by No. 21/2015 s. 3(Sch. 1 item 19)). * * * * * S. 71(1)(cc) inserted by No. 61/2006 s. 39, repealed by No. 20/2014 s. 30 (as amended by No. 21/2015 s. 3(Sch. 1 item 19)). * * * * * (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;
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. 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. DA inserted by No. 20/2014 s. 13. 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