S. 4(1) def. of element amended by No. 10092 s. 5(1)(f). element in relation to the environment means any of the principal constituent parts of the environment including waters, atmosphere, land, vegetation, climate, sound, odour, aesthetics, fish and wildlife; S. 4(1) def. of environment amended by No. 10092 s. 5(1)(g). environment means the physical factors of the surroundings of human beings including the land, waters, atmosphere, climate, sound, odours, tastes, the biological factors of animals and plants and the social factor of aesthetics; S. 4(1) def. of Environment and Resource Efficiency Plan inserted by No. 61/2006 s. 34. Environment and Resource Efficiency Plan means a Plan prepared under section 26H; S. 4(1) def. of environmental audit inserted by No. 87/1989 s. 4(e). environmental audit means a total assessment of the nature and extent of any harm or detriment caused to, or the risk of any possible harm or detriment which may be caused to, any beneficial use made of any segment of the environment by any industrial process or activity, waste, substance (including any chemical substance) or noise; S. 4(1) def. of environmental auditor inserted by No. 87/1989 s. 4(e). environmental auditor means a person appointed under this Act as an environmental auditor for the purposes of this Act; s. 4 S. 4(1) def. of environmental hazard inserted by No. 10261 s. 5(a)(ii), substituted by No. 20/1988 s. 4(b). environmental hazard means a state of danger to human beings or the environment whether imminent or otherwise resulting from the location, storage or handling of any substance having toxic, corrosive, flammable, explosive, infectious or otherwise dangerous characteristics;
S. 4(1) def. of 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 S. 4(1) def. of substance inserted by No. 30/1989 s. 3, amended by No. 7/2001 s. 15. ozone-depleting substance means any chlorofluorocarbon, halon, hydrochlorofluorocarbon or any other substance prescribed to be an substance; S. 4(1) def. of permit inserted by No. 10261 s. 5(a)(v), substituted by No. 48/1988 s. 40(2)(a). permit means— (a) a permit to transport prescribed waste or prescribed industrial waste issued under Part IXA; and
(b) a permit to construct, install or alter a septic tank system issued under Part IXB; S. 4(1) def. of person who undertakes the scheduled activity inserted by No. 61/2006 s. 34. person who undertakes the scheduled activity means the occupier of the premises at which a scheduled activity is being undertaken; S. 4(1) def. of Planning Appeals Board inserted by No. 9512 s. 2(1), repealed by No. 9/1987 s. 9(Sch. 3 item 5.2). * * * * * S. 4(1) def. of plastic bag inserted by No. 61/2006 s. 46. plastic bag means a carry bag, the body of which comprises polymers in whole or part, provided by a retailer for the carrying or transporting of goods, but does not include a carry bag which complies with prescribed design criteria; S. 4(1) def. of policy inserted by No. 10261 s. 5(a)(vi), amended by No. 37/2002 s. 9(b). policy means a State environment protection policy or a waste management policy; s. 4 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 protection agency means any person or body, whether corporate or unincorporate, having powers or duties under any other Act with respect to the environment or any segment of the environment in any part or parts of ;
constituency or manner as to cause an alteration in the environment; (ab) any greenhouse gas substance emitted or discharged into the environment; (b) any discarded, rejected, unwanted, surplus or abandoned matter; (c) any otherwise discarded, rejected, abandoned, unwanted or surplus matter intended for— (i) recycling, reprocessing, recovery or purification by a separate operation from that which produced the matter; or (ii) sale; and (d) any matter prescribed to be waste; S. 4(1) def. of waste 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. 6(6)(b)(ii) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 68.1). (ii) such travelling and other allowances as are for the time being payable to employees under Part 3 of the Public Administration Act 2004. S. 6(7) amended by No. 22/1987 s. 22(a). (7) The person occupying the office of Chairman under section 6 of this Act as in force before the commencement of section 6 of the Environment Protection (Review) Act 1984 immediately prior to that commencement shall be deemed on that commencement to have been appointed the Chairman under section 6(1) for such term as equals the unexpired portion of the term of appointment under this Act as in force before that commencement. S. 7 amended by Nos 8277 s. 2(a)(b), 9023 s. 40(Sch. 1 Pt A item 6(a)), 9098 s. 9425 s. 15, 10081 s. 5(1), substituted by No. 10092 s. 6(1). 7 Terms and conditions of office s. 7 S. 7(1) amended by No. 10160 s. 4(g). (1) A person appointed as Chairman of the Authority or as Deputy Chairman— (a) shall, subject to this Act, be entitled to hold office for such term not exceeding five years as is specified in the instrument of appointment and shall be eligible for reappointment; and S. 7(1)(b) substituted by No. 65/1996 s. 30(1)(a). (b) is entitled to be paid the remuneration and travelling and other allowances fixed by Order of the Governor in Council from time to time.
(i) make an assessment of opportunities to improve environmental resource use efficiency and to reduce the disposal of waste off-site; (ii) develop and implement an Environment and Resource Efficiency Plan which includes financially viable actions to improve environmental resource use efficiency and reduce the disposal of waste off-site; (iii) report on environmental resource use and the disposal of waste off-site and implementation of Environment and Resource Efficiency Plans; s. 13 S. 13(1)(d) amended by Nos 8823 s. 2(1)(c), 10092 s. 6(2)(a), 10261 s. 6(c), 87/1989 s. 25, 49/2000 s. 11(7)(a), 61/2006 s. 4(1)(a). (d) by the issue of works approvals, licences, permits, pollution abatement notices, minor works pollution abatement notices, research, development and demonstration approvals and notices under section 28B, to control the environmental impacts of activities which create a state of potential danger to the environment and to control the volume, types, constituents and effects of waste discharges, emissions, deposits, or other sources of pollutants and of substances which are a danger or a potential danger to the quality of the environment or any segment of the environment and the generation, storage, reprocessing, treatment, transport, containment and disposal of waste and to control the volume intensity and quality of noise; S. 13(1)(da) inserted by No. 10261 s. 6(d). (da) to control the use of notifiable chemicals;
S. 14(2) amended by Nos 9098 s. 6(a), 65/1996 s. 30(1)(c)(i)(ii), 108/2004 s. 117(1) (Sch. 3 item 68.6). (2) With the consent of the Minister concerned the Authority may make use of the services of any officer or employee in the public service within the meaning of the Public Administration Act 2004 and may enter into any agreement with any person or body whereby the services of that person or body or any officer or servant thereof may be in part made use of by the Authority. S. 14(3) repealed by No. 10092 s. 22(6)(a). * * * * * S. 15 amended by Nos 9512 s. 2(1), 10160 s. 4(i), 87/1989 s. 6, 49/2000 s. 27(b). 15 Expenses of Authority etc. s. 15 The remuneration and expenses of the Chairman, the Deputy Chairman and the members of the Board and all expenses lawfully incurred by the Authority and the Board under this Act shall be defrayed out of moneys appropriated by the Treasurer from the Environment Protection Fund and moneys provided by Parliament for the purpose. _______________ Heading preceding s. 16 substituted as Pt 3 Div. 1 (Heading) by No. 49/2000 s. 12(a). Division 1—Declaration of policy 16 State environment protection policy S. 16(1) amended by No. 10160 s. 4(j). s. 16 (1) For the purposes of this Act the Governor in Council may, on the recommendation of the Authority, by Order published in the Government Gazette declare the environment protection policy to be observed with respect to the environment
observance of State environment protection policy declared by the Order— (a) classify any area or any segment or element of the environment in any area for the purposes of the Order; S. 17(1)(b) amended by No. 8823 s. 2(1)(e). (b) set aside any area or areas or any segment or segments of the environment within which the discharge, emission, or deposit of wastes or the emission of noise is prohibited or restricted as specified in the Order; S. 17(1)(c) amended by No. 87/1989 s. 8(a). (c) specify requirements to be observed for carrying any such prohibition or restriction into effect; and (d) delegate to any protection agency such of the powers of the Authority as are necessary for securing the observance of the Order. S. 17(1A) inserted by No. 10261 s. 7(d), amended by Nos 87/1989 s. 8(b), 37/2002 s. 11(c)(d). (1A) In and by any Order made under section 16A the Governor in Council may, for securing the observance of waste management policy declared by the Order specify requirements to be observed for carrying into effect any aspect of that policy. S. 17(2) amended by Nos 9758 s. 2, 10261 s. 7(e), 87/1989 ss 7(a), 8(c)(d), repealed by No. 20/1994 s. 5, new s. 17(2) inserted by No. 7/2001 s. 5. (2) In and by any Order made under section 16(1) or 16(1A), the Governor in Council may specify requirements for developing economic measures, including prescribing conditions to which particular schemes are subject and the circumstances under which the Authority may alter, suspend or terminate the entitlements held under a scheme. S. 17A inserted by No. 10/1995 s. 67. 17A Order may incorporate NEPM s. 17A
(2) A works approval shall expire in any of the following cases— S. 19CA(2)(a) amended by No. 45/1987 s. 205(Sch. item 20(a)). (a) if the works to which the works approval relates have not been commenced to the satisfaction of the Authority by the day specified in the works approval or any later day specified under subsection (4); (b) if a new works approval is issued in substitution for an existing works approval; s. 19CA S. 19CA(2)(c) substituted by No. 87/1989 s. 13. (c) if— (i) a licence is issued under section 20 in respect of the premises to which the works approval relates; and (ii) all works covered by the works approval have been completed to the satisfaction of the Authority; S. 19CA(2)(d) substituted by No. 87/1989 s. 13. (d) if— (i) a licence is amended under section 20A; and (ii) the amendment is made because of the works to which the works approval relates; and (iii) all works covered by the works approval have been completed to the satisfaction of the Authority. S. 19CA(3) inserted by No. 45/1987 s. 205(Sch. item 20(b)). (3) If a permit has been issued for the proposed works under the Planning and Environment Act 1987, the Authority must specify an expiry day for the works approval under subsection (1) which must not be later than the day on which the permit expires for a failure to start the works. S. 19CA(4) inserted by No. 45/1987 s. 205(Sch. item 20(b)). (4) The Authority may extend the time within which any works to which subsection (3) applies must be commenced.
(c) details of documents relating to the matters specified in paragraphs (a) and (b). (5) The documents specified under subsection (4) must be made available for inspection by or on behalf of the informant. (6) In subsection (4) relevant period means— (a) the day or days on which the alleged contravention occurred; and (b) the period of 2 days before and after each such day or days. Heading preceding s. 20 substituted as Pt 3 Div. 3 (Heading) by No. 49/2000 s. 12(c). Division 3—Control of wastes and noise S. 20 amended by Nos 9023 s. 40(Sch. 1 Pt A item 6(b)), 9098 s. 9(1)(a)–(c), 9571 s. 3, substituted by No. 10092 s. 9(1) (as amended by No. 10160 s. 6(a)–(d)). 20 Licensing of certain premises s. 20 S. 20(1) substituted by No. 61/2006 s. 8(1). (1) The occupier of a scheduled premises must not undertake at those premises— (a) the discharge, emission or deposit of waste to the environment; or (b) the reprocessing, treatment, storage, containment, disposal or handling of waste; or
(d) the Authority shall— S. 20(8)(d)(i) substituted by No. 45/1987 s. 205(Sch. item 21(d)). s. 20 (i) take into account any replies, reports, comments and information received under paragraph (c), (ca), (cb) or (cc); and S. 20(8)(d)(ii) amended by Nos 10262 s. 4, 46/1998 s. 7(Sch. 1), 11/2002 s. 3(Sch. 1 item 22), 29/2010 s. 39. (ii) where the Secretary to the Department of Health submits a written report objecting to the granting of the application on the ground that the public health is likely to be endangered if a licence is issued, refuse to issue a licence; and S. 20(8)(d)(iii) inserted by No. 45/1987 s. 205(Sch. item 21(d)). (iii) if the works are prohibited by a planning scheme, refuse to issue a licence; S. 20(8)(e) amended by No. 45/1987 s. 205(Sch. item 21(e)). (e) at the expiration of 21 days from the publication of a notice under paragraph (b) the Authority may if any written comments have been received from any person or body interested in the application in accordance with paragraph (b)(iv) hold a conference in accordance with section 20B; (f) the Authority shall not later than six months after receiving the application for a licence issue or refuse to issue a licence; S. 20(8)(g) inserted by No. 45/1987 s. 205(Sch. item 21(f)), amended by No. 87/1989 s. 15(a). (g) if a planning scheme requires a permit to be obtained under the Planning and Environment Act 1987 for the works and a permit has not been issued, a licence issued by the Authority under this subsection must be issued subject to a condition that the licence does not take effect until a copy of the permit is served on the Authority by the applicant; and
S. 21(1)(ba) inserted by No. 20/1988 s. 9(1). (ba) if the premises are— S. 21(1)(ba)(i) amended by No. 87/1989 s. 18, substituted by No. 61/2006 s. 11(b). (i) a scheduled premises prescribed as a scheduled premises requiring a financial assurance; or S. 21(1)(ba)(ii) amended by No. 61/2006 s. 11(c). (ii) premises at which more than the prescribed quantity or the prescribed concentration of a notifiable chemical are stored, processed or used— the occupier must provide the Authority with a financial assurance satisfactory to the Authority in accordance with section 67B; (c) the occupier shall take the measures specified by the Authority for the purpose of minimizing the possibility of pollution occurring as a result of any activity conducted or proposed to be conducted in any part of the premises; (d) the occupier shall at the occupier's cost provide monitoring equipment specified by the Authority; S. 21(1)(e) amended by Nos 10261 s. 11(1), 61/2006 s. 11(d). s. 21 (e) the occupier shall at the occupier's cost carry out a monitoring program specified by the Authority for the purpose of providing the Authority with data and information relating to the characteristics, volume and effects of the waste to be or being discharged, emitted or deposited into the environment and the characteristics of that environment or relating to the characteristics, volume and effects of prescribed industrial waste being
S. 26B(3) amended by No. 61/2006 s. 18(2). (3) The Authority must within 14 days of granting an application for accreditation publish a notice in the Government Gazette specifying the name of the licence holder and the location of the premises in respect of which accreditation is granted. S. 26C inserted by No. 20/1994 s. 12, amended by No. 49/2000 s. 3(2)(3), repealed by No. 61/2006 s. 24(1). * * * * * s. 26D S. 26D inserted by No. 20/1994 s. 12, substituted by No. 61/2006 s. 19. 26D Administrative arrangements (1) A licence holder is entitled to pay a reduced licence fee calculated in accordance with the regulations in respect of an accreditation. (2) Notwithstanding anything to the contrary in this Act, a licence holder may undertake works at a premises to which an accreditation relates and which is occupied by the licence holder without obtaining a works approval or a research, development and demonstration approval as otherwise required by this Act unless the works— (a) are significant works; or (b) would result in an increase in the type, amount or concentration of waste above that permitted to be discharged, emitted, deposited, reprocessed, treated, stored, contained, disposed of or handled under the licence or in a breach of any condition to which the licence is subject. (3) For the purposes of subsection (2), significant works means works which— (a) would substantially change the nature of the process being conducted at the premises to which an accreditation relates; or
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. (3) A requirement contained in a pollution abatement notice may be expressed to be general or limited in operation as to particular times, places or circumstances. (4) A pollution abatement notice may specify a period of time within which any requirement specified in the pollution abatement notice is to be complied with. S. 31A(5) amended by Nos 87/1989 s. 10(e)(i)(ii), 61/2006 s. 49(1)(e). s. 31A (5) The Authority may by notice of amendment in writing served on the person on whom a pollution abatement notice has been served— (a) extend the period if any for compliance with a requirement specified in the pollution abatement notice if the Authority is satisfied that the circumstances of the case justify an extension of that period; and (b) revoke or amend any requirement specified in the pollution abatement notice. S. 31A(6) amended by No. 87/1989 s. 10(f). (6) A pollution abatement notice and any notice of amendment of a pollution abatement notice shall not take effect until a day specified in the pollution abatement notice or notice of amendment being a day not less than 30 days after the day on which the pollution abatement notice or notice of amendment is served.
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. 39(4) amended by No. 81/1989 s. 3(Sch. item 12.4). (4) A person shall not cause or permit waste to be discharged or deposited onto the dry bed of any waterway in circumstances where if the waterway had contained waters the discharge or deposit would be likely to result in those waters being polluted. S. 39(5) amended by Nos 86/1990 s. 5(a)(b), 49/2000 s. 3(15)(Sch. item (11) (a)–(c)). s. 39 (5) A person who contravenes any of the provisions of this section shall be guilty of an indictable offence against this Act and liable to a penalty of not more than 2400 penalty units and in the case of a continuing offence to a daily penalty of not more than 1200 penalty units for each day the offence continues after conviction or after service by the Authority of notice of contravention of this section. _______________ S. 40 amended by No. 37/2002 s. 11(q). 40 Discharges etc. to comply with policy s. 40 The discharge or emission of wastes into the atmosphere shall at all times be in accordance with declared State environment protection policy or waste management policy specifying acceptable conditions for discharging or emitting wastes into the atmosphere and shall comply with any standards prescribed therefor under this Act. S. 41 amended by No. 9803 s. 3(a)(b), substituted by No. 10092 s. 14. 41 Pollution of atmosphere S. 41(1) amended by No. 20/1988 s. 7(d). (1) A person shall not pollute the atmosphere so that the condition of the atmosphere is so changed as to make or be reasonably expected to make the atmosphere—
for emissions— shall be guilty of an offence. 60 penalty units. S. 43A(2)–(4) repealed. * * * * * s. 43A _______________ Pt 7 (Heading and ss 44, 45) amended by No. 9758 s. 5(a)(b), substituted by No. 10092 s. 16(1). S. 44 substituted by No. 10092 s. 16(1). 44 Discharge or deposit of waste onto land to comply with policy s. 44 The discharge or deposit of waste onto land— S. 44(a) amended by No. 37/2002 s. 11(q). (a) shall at all times be in accordance with declared State environment protection policy or waste management policy specifying acceptable standards and conditions therefor; and (b) shall comply with any standards applicable under this Act. S. 45 substituted by No. 10092 s. 16(1). 45 Pollution of land S. 45(1) amended by No. 20/1988 s. 7(f). (1) A person shall not pollute land so that the condition of the land is so changed as to make or be reasonably expected to make the land or the produce of the land—
(3) The person must comply with subsection (2) within 7 days after receiving a written request for the information from the officer. 10 penalty units. S. 45Q inserted by No. 37/2002 s. 40. 45Q Distributor must disclose name of depositor (1) A person who engages another person (whether as an employee or as an agent) to deposit unsolicited documents at premises within an area must give a litter enforcement officer the name and address of that other person. (2) The person must do this within 7 days after receiving a written request for the information from the officer. 10 penalty units. S. 45R inserted by No. 37/2002 s. 40. 45R Person who commissions document must ensure that it does not become litter (1) This section applies to a person who commissions the printing of a document that the person distributes, or intends to have distributed, as an unsolicited document. (2) The person must ensure that the document is distributed in a way that prevents it from becoming litter. 20 penalty units. (3) It is a defence to a charge under this section for the person charged to show that he, she or it took all reasonable steps to comply with this section. Division 4—Other offences S. 45S inserted by No. 37/2002 s. 40. 45S Offence to ask person to commit offence s. 45R A person must not ask, require or induce, or attempt to ask, require or induce, another person to do anything that is an offence under this Part.
S. 48A(8D) inserted by No. 22/1987 s. 5(b). (8D) An application for an order under subsection (8F) must be made by a member of the police force of or above the rank of senior constable to a court officer. S. 48A(8E) inserted by No. 22/1987 s. 5(b). (8E) A member of the police force may make an application under subsection (8D) for an order only if the member has reasonable grounds to believe that no other measure would be effective to abate the unreasonable noise. S. 48A(8F) inserted by No. 22/1987 s. 5(b). (8F) If the court officer to whom an application is made under subsection (8D) is satisfied that no other measure would be effective to abate the unreasonable noise, the court officer may make an order empowering a member of the police force, using such force as is reasonably necessary, to enter residential premises for the purpose of investigating the emission of noise. S. 48A(8G) inserted by No. 22/1987 s. 5(b). (8G) An order under subsection (8F) may be made subject to any conditions that the court officer thinks fit. S. 48A(9) amended by No. 20/1988 s. 21(2)(a). (9) Notwithstanding section 59(2), proceedings for an offence against this section may be taken by any of the following persons and only by them— s. 48A (a) a person claiming to be directly affected by the alleged offence; (b) a member of the police force; or S. 48A(9)(c) amended by No. 12/1989 s. 4(1)(Sch. 2 item 37.5), substituted by No. 49/2000 s. 11(10). (c) a council officer.
S. 48AB(4) amended by Nos 87/1989 s. 7(b), 86/1990 s. 5(a), 49/2000 s. 3(15)(Sch. item (18)). (4) Any person who contravenes a direction given under this section is guilty of an offence against this Act and liable to a penalty of not more than 600 penalty units. S. 48AB(5) amended by No. 20/1988 s. 21(2)(b). (5) Notwithstanding section 59(2), a member of the police force may also take proceedings for an offence against this section. S. 48B inserted by No. 8823 s. 3(1). 48B Special provision concerning motor vehicles s. 48B S. 48B(1) amended by Nos 9758 s. 8(1)(a), 10092 s. 15(2)(a)(i)(ii), 127/1986 s. 102(Sch. 4 item 8.2), 22/1987 s. 14, 20/1988 s. 12(b), 49/2000 s. 3(15)(Sch. item (19)). (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— (a) is used on a highway; and (b) is at the time of use capable of emitting noise that does not comply with any standard prescribed for the purposes of this section— shall be guilty of an offence and liable to a penalty of not more than 30 penalty units. S. 48B(2)–(2C) repealed. * * * * * S. 48B(3) repealed by No. 10261 s. 29(4). * * * * *
Pt 9 Div. 2AA (Heading and ss 49L–49R) inserted by No. 37/2002 s. 17. Division 2AA—Solid industrial waste management plans S. 49L repealed by No. 65/1996 s. 6, new s. 49L inserted by No. 37/2002 s. 17. 49L Preparation and content of plans S. 49L(1) amended by No. 65/2005 s. 23(3). (1) Sustainability must prepare and submit to the Authority a draft solid industrial waste management plan for within 12 months after the date of commencement of section 17 of the Environment Protection (Resource Efficiency) Act 2002. S. 49L(2) amended by No. 65/2005 s. 23(3). (2) The draft plan must set out the objectives and priorities of Sustainability Victoria for the management of all solid industrial waste generated or disposed of within , and must provide a clear direction for future solid industrial waste management in . (3) The draft plan must include— (a) an analysis of— (i) current waste sources and the major components of solid industrial waste streams; (ii) current levels of resource recovery; and (iii) future trends in waste generation and resource recovery; s. 49L
(ii) advice as to where a copy of the draft plan or proposed amendment can be obtained or examined; and S. 49M (2)(c)(iii) amended by No. 65/2005 s. 23(3). (iii) a statement inviting anyone with an interest in the draft plan or proposed amendment to make comments to Sustainability Victoria within 28 days after the date of publication of the advertisement; and (d) must consider any comments that are made in response to the invitation. S. 49N inserted by No. 37/2002 s. 17. 49N Who must comply with plans s. 49N Any person involved in the generation, management or transport of solid industrial waste in must not do anything that is inconsistent with the solid industrial waste management plan in relation to that waste while that waste is in . S. 49O inserted by No. 37/2002 s. 17. 49O Life of plan S. 49O(1) amended by No. 65/2005 s. 23(3). (1) A solid industrial waste management plan takes effect when the Authority gives Sustainability Victoria written notice of its approval of the plan. (2) The solid industrial waste management plan remains in force until it is replaced by another solid industrial waste management plan approved by the Authority. S. 49P inserted by No. 37/2002 s. 17. 49P Amendment of plans
(b) any landfill that only receives the municipal wastes of an area with a population of less than 5000 people and that is owned by a municipal council. S. 50U inserted by No. 53/1992 s. 4, substituted by No. 65/1996 s. 15. 50U Calculation of estimates of weight S. 50U(1) amended by No. 2/1999 s. 8(3). (1) If the holder of a licence is not able to weigh the waste that is deposited at the premises in any relevant period, he, she or it may estimate the weight of the waste. (2) The holder of the licence may use different methods for estimates relating to— (a) the weight of the waste that was deposited at the premises in the quarters referred to in section 50SB(1); and (b) the weight of the waste that was deposited at the premises in a financial year. (3) The holder of the licence may only make an estimate using a method approved by the Authority. S. 50V inserted by No. 53/1992 s. 4, substituted by No. 65/1996 s. 15. 50V Requirement to keep appropriate records s. 50V S. 50V(1) amended by No. 49/2000 s. 3(15)(Sch. item (22)). (1) A person to whom section 50S applies must keep records sufficient to enable him, her or it to calculate— (a) the amount of landfill levy that he, she or it is required to pay; and
S. 50W(1)(b) substituted by No. 65/1996 s. 14(2), amended by No. 2/1999 s. 9. (b) details of the amount of waste (in tonnes) for which he, she or it is entitled to a rebate under section 50SA or 50SAA; and S. 50W(1)(c) substituted by No. 65/1996 s. 14(2). (c) details of any estimates made in respect of the last financial year for the purposes of this Division that have not already been given to the Authority; and S. 50W(1)(d) substituted by No. 65/1996 s. 14(2). (d) any other information the Authority requires to enable it to determine the amount of landfill levy the person is liable for (or the refund the person is entitled to) under this Division. 600 penalty units. S. 50W(2) amended by No. 49/2000 s. 3(6). (2) A person must not include any false or misleading information in a written statement made under this section. S. 50W(3) inserted by No. 49/2000 s. 3(7). (3) A person who contravenes subsection (2) is guilty of an indictable offence. 2400 penalty units or imprisonment for 2 years or both. S. 50WA inserted by No. 65/1996 s. 16. 50WA Information about waste categories must be given s. 50WA A person who is required to give the Authority a statement under section 50W must also ensure that the statement contains details of the categories of waste (as specified by an Order in Council made under section 50V) that were deposited at the premises in the last financial year. S. 50X inserted by No. 53/1992 s. 4, substituted by No. 65/1996 s. 17. 50X Authority may increase low estimates (1) This section applies if the Authority is of the opinion that an estimate on which a levy instalment or other payment required by this Division is based is too low.
S. 50XE inserted by No. 2/1999 s. 10, repealed by No. 37/2002 s. 34. * * * * * S. 50Y inserted by No. 53/1992 s. 4, repealed by No. 65/1996 s. 14(3). * * * * * Pt 9 Div. 4 (Heading and ss 51–51G) inserted by No. 53/1992 s. 4. Division 4—Industry waste reduction agreements New s. 51 inserted by No. 53/1992 s. 4. 51 Application of this Division s. 51 S. 51(1) amended by No. 65/1996 s. 18(a). (1) This Division applies to any person or industry that creates, manages or disposes of or first sells materials or items in that could result in wastes being deposited in . S. 51(2) amended by No. 44/2001 s. 3(Sch. item 37.3). (2) For the purposes of this Division, if a person is a body corporate, a reference to that person includes a reference to any subsidiary of that person within the meaning of the Corporations Act. (3) In this Division a reference to an industry may be read as a reference to a sector of an industry. S. 51A inserted by No. 53/1992 s. 4. 51A Industry waste reduction agreements (1) The Authority may enter into an industry waste reduction agreement with any person or with any association representing an industry.
S. 51A(2) amended by No. 65/1996 s. 18(b)(i). (2) Such an agreement must— (a) identify the solid wastes that are likely to arise as a result of the activities of the person or industry; and S. 51A(2)(b) amended by No. 2/1999 s. 11(a). (b) set out what steps the person or industry will take to do the following— S. 51A(2)(b)(i) amended by No. 2/1999 s. 11(b). (i) to reduce those wastes or to keep those wastes to a minimum; and S. 51A(2)(b)(ii) amended by No. 2/1999 s. 11(b). (ii) to recover, recycle or re-use those wastes; and S. 51A(2)(b)(iii) amended by No. 2/1999 s. 11(b). (iii) to reduce litter; and s. 51A (iv) to safely dispose of the wastes that cannot be recovered, recycled or and (c) specify targets to be achieved by the person or industry with respect to those steps; and (d) provide an economic assessment of the market for the wastes that can be recovered (if applicable); and (e) set out the steps that the person or association proposes to take to ensure a stable and viable collection system for those wastes in the light of the assessment made under paragraph (d) (if applicable); and S. 51A(2)(f) amended by No. 65/1996 s. 18(b)(ii). (f) provide for the person or association to give the Authority a report every 6 months on the
S. 53A(1) amended by No. 2/1999 s. 15(a). (1) A person must not commence or conduct any business— (a) the purpose of which is to transport prescribed waste; or (b) the operation of which includes the transport of prescribed waste— on a highway unless there is in force a permit to transport prescribed waste. S. 53A(2) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 37.8), 2/1999 s. 15(b)(i)(ii). (2) Any public authority including any municipal council and any regional waste management group established under Part IX which performs as one of its functions the transport of prescribed industrial waste must obtain a permit to transport prescribed industrial waste. S. 53A(3) amended by Nos 86/1990 s. 5(a)(b), 49/2000 s. 3(15)(Sch. item (26) (a)–(c)), 68/2009 s. 97(Sch. item 50.18). (3) Any person who or public authority which contravenes this section is guilty of an indictable offence against this Act and liable to a penalty of not more than 2400 penalty units and in the case of a continuing offence to a daily penalty of not more than 1200 penalty units for each day the offence continues after conviction or after service by the Authority on the accused of notice of contravention of this section.
(c) does not treat all sewage and is located in a specified part of the municipality declared under section 53K. (8) A municipal council may delegate to one or more of its officers any of its powers under this section other than this power of delegation. (9) The refusal by an officer of a municipal council to issue a permit is of no effect until it is ratified by the municipal council. S. 53MA inserted by No. 86/1990 s. 10(1), amended by No. 49/2000 s. 3(15)(Sch. item (28)). 53MA Compliance with permit s. 53MA A person must comply with a permit and any conditions to which it is subject. 120 penalty units. S. 53MB inserted by No. 86/1990 s. 10(1), amended by No. 49/2000 s. 3(15)(Sch. item (29)). 53MB Approval of septic tank system A septic tank system must not be used until the municipal council has inspected the septic tank system and issued a certificate approving its use. 120 penalty units. S. 53N inserted by No. 48/1988 s. 40(1) (as amended by No. 87/1989 s. 65(a)). 53N Maintenance of septic tank systems An occupier of premises on which a septic tank is located must maintain it in accordance with the requirements specified in the permit issued by the municipal council for that septic tank system. 10 penalty units. S. 53O inserted by No. 48/1988 s. 40(1) (as amended by No. 87/1989 s. 65(a)). 53O Annual return s. 53O (1) The municipal council must, in respect of each financial year, lodge with the Authority an annual return in the month of July each year containing the following particulars— (a) the number of permits issued for septic tank systems;
300 penalty units. S. 53ZC inserted by No. 7/2001 s. 12. 53ZC Offences s. 53ZC (1) An environmental auditor must not— S. 53ZC(1)(a) amended by No. 63/2006 s. 60(a). (a) give false or misleading information to the Authority or to any other person in carrying out a function under this or any other Act; or (b) issue a certificate of environmental audit or a statement of environmental audit which is false or misleading; or S. 53ZC(1)(ba) inserted by No. 63/2006 s. 60(b). (ba) issue a certificate or any other document which is false or misleading in carrying out a function under any other Act; or S. 53ZC(1)(c) amended by No. 63/2006 s. 60(c). (c) conceal any relevant information or document from the Authority or from any other person in carrying out a function under this or any other Act. (2) An environmental auditor who contravenes subsection (1) is guilty of an indictable offence. 2400 penalty units or imprisonment for 2 years or both. S. 53ZD inserted by No. 7/2001 s. 12. 53ZD Revocation of environmental auditor appointment If an environmental auditor is convicted of an offence against section 53ZC, the Authority must revoke his or her appointment as an environmental auditor. S. 53ZE inserted by No. 7/2001 s. 12. 53ZE Notification of received statements s. 53ZE (1) Where a statement of environmental audit has been issued in respect of any premises and a certificate of environmental audit in respect of the
S. 55B(1) substituted by No. 10092 s. 17(3)(a). (1) Where any occupier of any premises to whom section 48D applies has in that person's possession in Victoria any tool, machine, equipment, facility, instrument, device or vehicle to which any requirement under section 48D applies, the Authority may by notice in writing given to that person require that person to make the tool, machine, equipment, facility, instrument, device or vehicle available as required by the notice for the making of any inspection, measurement or test to determine whether any requirement under section 48D or the regulations has been complied with. S. 55B(2) amended by No. 10092 ss 17(3)(b), 24(2)(d). (2) Any such notice shall state the time (being not less than seven days after the time at which the notice is served) and the place at which the tool, machine, equipment, facility, instrument, device or vehicle is to be made available and the period (being not more than 48 hours) for which it is to be required. S. 55B(3) amended by Nos 10092 s. 17(3)(b), 87/1989 s.10(k). (3) The Authority may upon request of the person upon whom the notice is served amend in writing the requirements of the notice as to the time or place at which the tool, machine, equipment, facility, instrument, device or vehicle is to be made available or the period for which it is to be required. S. 55B(4) amended by Nos 9758 s. 11, 87/1989 s. 7(k), 86/1990 s. 5(e)(j), 49/2000 s. 3(15)(Sch. item (35)(a) (b)), 68/2009 s. 97(Sch. item 50.22). (4) A person who contravenes any such notice shall be guilty of an offence against this Act and liable to a penalty of not more than 300 penalty units and to a daily penalty of not more than 50 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. 59 amended by No. 9098 s. 2(2), substituted by No. 10092 s. 22(4), amended by No. 20/1988 s. 21(1)(a). 59 Persons who may take proceedings s. 59 (1) The Authority may appoint any person to take proceedings for offences against this Act. S. 59(2) inserted by No. 20/1988 s. 21(1)(b). (2) Proceedings for an offence against this Act may only be taken by a person appointed by the Authority. S. 59(3) inserted by No. 48/1988 s. 40(2)(c)(ii) (as amended by No. 1/1989 s. 3(c)(i)). (3) Proceedings for an offence against Part IXB may be taken by a person authorised by a municipal council for that purpose. S. 59(4) inserted by No. 48/1988 s. 40(2)(c)(ii) (as amended by No. 1/1989 s. 3(c)(ii)). (4) A statement in writing given by a municipal council and signed by a person designated by the municipal council for that purpose to the effect that a specified person has been authorised by the municipal council to take proceedings for offences against Part IXB is admissible in evidence and, in the absence of evidence to the contrary, is proof of that statement. S. 59(5) inserted by No. 37/2002 s. 45(1). (5) Proceedings for an offence or infringement against Part VIIA may be taken by— (a) a litter enforcement officer; (b) by the person who, or body which, has the control or management of the land or waters where the offence or infringement occurred.
S. 59D inserted by No. 9803 s. 10, amended by No. 10092 s. 29(3)(b), repealed by No. 10160 s. 4(r), new s. 59D inserted by No. 10261 s. 31(1), amended by Nos 86/1990 s. 5(a), 49/2000 s. 3(15)(Sch. item (40)(a) (b)). 59D Offence relating to false information A person who— (a) intentionally or negligently provides incorrect or misleading information to or conceals information from the Authority or an authorized officer; or (b) intentionally or negligently provides incorrect or misleading information or conceals information concerning the properties or hazards of industrial waste thereby endangering human beings or the environment or adversely affecting the operation of any plant or equipment used to treat or dispose of industrial waste— is guilty of an indictable offence. 2400 penalty units. S. 59E inserted by No. 20/1988 s. 17(1), amended by Nos 87/1989 s. 53, 86/1990 ss 5(l), 11. 59E Offence of aggravated pollution s. 59D A person who intentionally, recklessly or negligently pollutes the environment or intentionally, recklessly or negligently causes or permits an environmental hazard which results in— (a) serious damage to the environment; or (b) a serious threat to public health; or (c) a substantial risk of serious damage to the environment; or
S. 62B(2) substituted by No. 10261 s. 32(3), amended by No. 20/1988 s. 20(b). (2) Any costs incurred in complying with subsection (1) by any person who is not the person who caused or permitted the situation described in subsection (1)(a) are to be reimbursed to that person by the Authority. S. 62B(3) substituted by No. 10261 s. 32(3), amended by No. 20/1988 s. 20(c). (3) Where the Authority has reimbursed any costs under subsection (2) the Authority may recover the costs from any person proved to have been the person who caused or permitted the situation described in subsection (1)(a) in any court of competent jurisdiction as a debt due to the Authority and when recovered must be paid into the Consolidated Fund. (4) No matter or thing done by an authorized officer or by any person under a direction given by an authorized officer shall, if the matter or thing was done in good faith in the exercise of the power conferred by this section on an authorized officer, subject the authorized officer or that person personally to any action, liability, claim or demand whatsoever. S. 62B(5) amended by Nos 87/1989 s. 7(i)(i)(ii), 86/1990 s. 5(a), 49/2000 s. 3(15)(Sch. item (42) (a)(b)). (5) Any person who contravenes without reasonable cause a direction given by an authorized officer under subsection (1) shall be guilty of an indictable offence against this Act. 2400 penalty units. S. 62C inserted by No. 20/1988 s. 21(3). 62C Presumption that occupier caused discharge etc. s. 62C If any segment or element of the environment is polluted as a result of a discharge, emission or deposit of any substance from or on any premises on which there is conducted any commercial or industrial undertaking, the occupier of the premises is deemed to have polluted that segment or element of the environment unless the occupier
65 Saving of rights at law s. 65 S. 65(1) amended by No. 8823 s. 12(1). (1) Nothing in this Act or the regulations shall in any way affect any right any person may have at law to restrict or prevent the pollution of the environment or the emission of noise or to obtain damages in respect thereof. S. 65(2) repealed by No. 20/1988 s. 24(2). * * * * * S. 65(3) repealed by No. 20/1988 s. 24(2). * * * * * S. 65A inserted by No. 20/1988 s. 24(1), amended by No. 49/1991 s. 119(7)(Sch. 4 item 7). 65A Orders for compensation immediately after a finding of guilt (1) For the purposes of this Act, in section 86 of the Sentencing Act 1991— (a) loss includes the reasonable costs of a clean up; and (b) compensation for the loss and value of the property lost includes the estimated costs to complete a clean up or part of a clean up. S. 65A(2) amended by No. 49/1991 s. 119(7) (Sch. 4 item 7). (2) The court may only make an order against a person under section 86 of the Sentencing Act 1991 with respect to an offence under this Act if it is satisfied that the person was served with notice of— (a) the applicant's intention to make the application; and (b) the amount and details of the amount sought by the applicant— at least 28 days before the application is made.
(a) the Authority may take proceedings for an offence against the provision; and (b) the Authority considers that having regard to the criteria specified in guidelines made under section 67F, an undertaking under this section is an appropriate enforcement mechanism for an offence against the provision. (2) If this section applies, the Authority may enter into a written undertaking with a person referred to in subsection (1). (3) A person may with the consent of the Authority withdraw or vary an undertaking. (4) While an undertaking is in force, proceedings may not be brought for an offence constituted by the contravention or alleged contravention in respect of which the undertaking is given. (5) If a person withdraws an undertaking before the undertaking has been fulfilled, proceedings may be brought for the offence constituted by the contravention or alleged contravention in respect of which the undertaking was given. (6) If a person complies with the requirements of an undertaking, no further proceedings may be brought for an offence constituted by the contravention or alleged contravention in respect of which the undertaking was given. S. 67E inserted by No. 61/2006 s. 63. 67E Enforcement of undertakings s. 67E (1) If the Authority considers that the person who gave an undertaking under section 67D has breached any of its terms, the Authority may apply to the Magistrates' Court for an order under subsection (2).
of that money, once the penalties have been recovered. 70 Environment Protection Fund s. 70 (1) There shall be kept in the Treasury in the Public Account as part of the Trust Fund an account to be called the "Environment Protection Fund". (2) Any moneys standing to the credit of the said fund may be invested in such securities as are approved by the Treasurer. S. 70(3) amended by No. 87/1989 s. 62(a). (3) Into the Environment Protection Fund there shall be paid— (a) any moneys provided by Parliament for the purpose; and S. 70(3)(aa) inserted by No. 87/1989 s. 62(a). (aa) any money collected as levy under section 24A; and S. 70(3)(ab) inserted by No. 2/1999 s. 14(2)(a), substituted by No. 37/2002 s. 35(1)(b). (ab) any money collected as a levy under section 50S(2); and S. 70(3)(aba) inserted by No. 37/2002 s. 35(1)(b). (aba) any other money collected as a levy under Division 3 of Part IX; and S. 70(3)(ac) inserted by No. 7/2001 s. 13(3). (ac) any money collected as a fee under section 53T(3); and s. 70 (b) any interest derived from the investment of moneys standing to the credit of the fund; and (c) moneys repaid to the Treasurer upon advances made by the Treasurer under subsection (4) and interest thereon.
(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;
in connexion with the equipment or facility, structures, plant or apparatus to prevent pollution of the atmosphere; S. 71(1)(gba) inserted by No. 30/1989 s. 5(d), amended by No. 87/1989 s. 63(1)(c). (gba) prohibiting or regulating the use of any ozone-depleting substance or the manufacture, assembly, installation, operation, maintenance, removal, sale or disposal of goods, equipment, machinery or plant containing or using ozone-depleting substances; S. 71(1)(gc) inserted by No. 9571 s. 5(b), amended by No. 10092 s. 30(f). (gc) the measures to be taken to ensure that the discharge of waste into the atmosphere or into waters from premises or any class of premises is monitored or kept under observation, and requiring the monitoring or observation of the emission or discharge into the atmosphere or into waters of waste or any specified class of waste; S. 71(1)(gd) inserted by No. 9571 s. 5(b). s. 71 (gd) requiring the installation of insulation in relation to premises or specified classes of premises to prevent or minimize the emission or discharge into the atmosphere of waste or any specified class of waste; S. 71(1)(ge) inserted by No. 10092 s. 30(g). (ge) prescribing standards to be maintained for receiving waters; S. 71(1)(gf) inserted by No. 10092 s. 30(g). (gf) specifying the quality and quantity of waste discharged into waters; S. 71(1)(gh) inserted by No. 10092 s. 30(g). (gh) specifying the maximum permissible concentrations of any matter that may be present in or discharged into waters;
S. 71(3) inserted by No. 8823 s. 13(e), substituted by No. 22/1987 s. 21. (3) Any regulation made under subsection (1) for the purpose of prescribing the method by which any measurement or test is to be made for the purposes of this Act may apply, adopt or incorporate, with or without modification, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body as in force at a particular time or as in force from time to time. 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