authorized means authorized in writing by the Authority either generally or specially; S. 4(1) def. of authorized officer substituted by No. 10092 s. 5(1)(b). authorized officer means a person appointed under this Act as an authorized officer for the purposes of this Act; S. 4(1) def. of Barwon South West Waste and Resource Recovery Group inserted by No. 20/2014 s. 3(1). s. 4 Barwon South West Waste and Resource Recovery Group means the Waste and Resource Recovery Group established for the Barwon South West Waste and Resource Recovery Region; S. 4(1) def. of Barwon South West Waste and Resource Recovery Region inserted by No. 20/2014 s. 3(1). Barwon South West Waste and Resource Recovery Region means the region that consists of the municipal districts of the following councils— (a) Borough of Queenscliffe Council; (b) Colac-Otway Shire Council; (c) Corangamite Shire Council; (d) Glenelg Shire Council; (e) Greater Geelong City Council; (f) Moyne Shire Council; (g) Southern Grampians Shire Council; (h) Surf Coast Shire Council; (i) Warrnambool City Council; S. 4(1) def. of beneficial use amended by No. 8823 s. 2(1)(a), substituted by No. 10092 s. 5(1)(c). beneficial use means a use of the environment or any element or segment of the environment which— (a) is conducive to public benefit, welfare, safety, health or aesthetic enjoyment and which requires protection from the
S. 4(1) def. of Secretary of the Department of Environment and Primary Industries inserted by No. 20/2014 s. 3(1). Secretary of the Department of Environment and Primary Industries means the Department Head of the Department of Environment and Primary Industries within the meaning of the Public Administration Act 2004; S. 4(1) def. of Secretary to the Department of Health inserted by No. 29/2010 s. 37. Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health; segment in relation to the environment means any portion or portions of the environment expressed in terms of volume, space, area, quantity, quality, or time or any combination thereof; S. 4(1) def. of sell inserted by No. 87/1989 s. 4(i). sell includes— (a) agree to sell; and (b) offer or expose for sale; and (c) have in possession for the purpose of sale; and (d) barter or exchange; and s. 4 (e) cause or permit to be done any of the above; ship includes every description of vessel or craft; S. 4(1) def. of soil repealed by No. 10092 s. 5(1)(q). * * * * *
S. 4(1) def. of waste and resource recovery region inserted by No. 20/2014 s. 3(1). waste and resource recovery region means any of the following— (a) the Barwon South West Waste and Resource Recovery Region; (b) the Gippsland Waste and Resource Recovery Region; (c) the Goulburn Valley Waste and Resource Recovery Region; (d) the Grampians Central West Waste and Resource Recovery Region; (e) the Loddon Mallee Waste and Resource Recovery Region; (f) the Metropolitan Waste and Resource Recovery Region; (g) the North East Waste and Resource Recovery Region; S. 4(1) def. of waste management facility inserted by No. 37/2002 s. 9(c). waste management facility includes a landfill, a transfer station, a composting facility, a facility to store or contain solid waste and a material recovery facility; s. 4 S. 4(1) def. of waste management policy inserted by No. 37/2002 s. 9(c). waste management policy means a policy declared by the Governor in Council under section 16A; S. 4(1) def. of waters substituted by No. 10092 s. 5(1)(s), amended by No. 81/1989 s. 3(Sch. item 12.1). waters includes any reservoir, tank, billabong, anabranch, canal, spring, swamp, natural or artificial channel, lake, lagoon, waterway, dam, tidal water, coastal water or groundwater;
S. 4(1) def. of works approval inserted by No. 10092 s. 5(1)(s). works approval means an approval of works issued under section 19B. S. 4(2) substituted by No. 10160 s. 4(f), amended by No. 10261 s. 5(b). (2) Any reference in this Act to waters includes a reference to— (a) the bed and sub-soil lying beneath those waters; (b) the air space superjacent to those waters; and (c) an open, piped or underground drain— s. 4 but does not include a reference to a drain which conveys waste to or which forms part of any works for the treatment of waste. S. 4(2A) inserted by No. 37/2002 s. 39. (2A) A reference in this Act to waters includes a reference to the waters of the River Murray in respect of litter that has been deposited into, or on to, the waters of the River Murray from the Victorian bank of the River Murray. S. 4(2B) inserted by No. 37/2002 s. 39. (2B) This Act extends to, and applies to, the deposit of litter into, or on to, the waters of the River Murray from any premises that is in Victoria and extends to, and applies in relation to, any proceedings brought in relation to the deposit. S. 4(3) inserted by No. 10092 s. 5(2), repealed by No. 10160 s. 4(f), new s. 4(3) inserted by No. 20/1994 s. 3(1)(b). (3) For the purposes of this Act, the definition of "occupier"— (a) subject to paragraph (b), does not include a person being a financial institution and acting solely as a holder of a security interest in the premises, or as a mortgagee in possession, or which is, or appoints, a controller of the premises;
(o) to report to the Minister upon matters concerning the protection of the environment and upon any amendments it thinks desirable in the law relating to pollution and upon any matters referred to it by the Minister; and S. 13(1)(p) amended by No. 99/2005 s. 72(1). (p) to promote, encourage, co-ordinate, and carry out long-range planning in environment management, waste management and pollution control; and S. 13(1)(q) inserted by No. 99/2005 s. 72(2). (q) any power, duty and function conferred on the Authority by any other Act. S. 13(1A) inserted by No. 20/1994 s. 4. (1A) The Authority has power— (a) to apply for, obtain and hold intellectual property rights (including patents, copyrights, trade marks and registered designs); and s. 13 (b) to enter into agreements or arrangements for the commercial exploitation within or outside Victoria of those intellectual property rights and ancillary services on any terms or conditions as to royalties, lump sum payments or otherwise as the Authority may see fit. S. 13(2) repealed by No. 31/1994 s. 4(Sch. 2 item 29.1). * * * * * S. 13(3) amended by No. 9098 s. 8(b), repealed by No. 10092 s. 6(2)(c). * * * * *
S. 13(4) amended by Nos 8823 s. 2(1)(d), 9207 s. 6(2)(a), 9512 s. 2(1), 9571 s. 4(3)(a), repealed by No. 10092 s. 12(2). * * * * * 14 Employees S. 14(1) amended by No. 9098 s. 6(a), substituted by Nos 65/1996 s. 30(3), 46/1998 s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 68.5). s. 14 (1) Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Administration Act 2004. 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. 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
(ii) maximum levels of noise permitted to be emitted to the environment; (iii) minimum standards for the installation and operation of works or equipment for the control of waste or noise from specified sources or classes of premises; and (iv) measures designed to minimize the possibility of the occurrence of pollution. S. 18(2) inserted by No. 10261 s. 7(g), amended by No. 37/2002 s. 11(f)(i). (2) Waste management policy is to include in terms sufficiently clear to give an adequate basis for planning and licensing functions— 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 s. 18A (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. 19AC inserted by No. 7/2001 s. 6. 19AC Offence s. 19AC (1) The holder of a tradeable emission permit must not discharge or emit waste into the environment of a volume, quantity or concentration which exceeds the entitlements held by that person. (2) A person who contravenes subsection (1) is guilty of an indictable offence and liable to a penalty of not more than 2400 penalty units. Pt 3 Div. 1B (Heading and ss inserted by No. 7/2001 s. 8. Division 1B—Neighbourhood environment improvement plans S. 19AD inserted by No. 7/2001 s. 8. 19AD Definitions In this Division— directed proposal means a proposal to develop a neighbourhood environment improvement plan that is submitted to the Authority under section 19AG; S. 19AD def. of intervention criteria amended by No. 37/2002 s. 11(m). intervention criteria means criteria that are— (a) specified in an Order in Council published in the Government Gazette that declares a State environment protection policy or a waste management policy; or (b) prescribed under this Act; neighbourhood environment improvement plan means a neighbourhood environment improvement plan that is developed as a result of either a directed proposal or a voluntary proposal;
(ii) a works approval is required to be obtained and has not been obtained and the works have not been completed or substantially completed— and shall advise the applicant accordingly. S. 20(6) amended by No. 22/1987 s. 9(a). (6) Where the Authority receives an application under this section which relates to a matter in respect of which a works approval is not required except an application referred to in subsection (8C), the Authority shall not later than 60 days after receiving the application— (a) refuse to issue a licence; or S. 20(6)(b) amended by No. 87/1989 s. 14(a). (b) issue a licence subject to such conditions as the Authority considers appropriate. S. 20(7) amended by No. 87/1989 s. 14(a). (7) Where the Authority receives an application under this section which relates to a matter in respect of which a works approval has been obtained and, in the opinion of the Authority, the works have been satisfactorily completed in accordance with the works approval the Authority shall not later than 21 days after receiving the application issue a licence subject to such conditions which are not inconsistent with any conditions specified in the works approval as the Authority considers appropriate. s. 20 (7A) Where the Authority receives an application following the issue of a works approval and the applicant subsequently notifies the Authority that the works have been satisfactorily completed in accordance with the works approval, the Authority shall not later than 45 days after being notified satisfy itself as to whether or not the works have been satisfactorily completed in accordance with the works approval and—
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 the scheduled premises the subject of the application. S. 23A(3) inserted by No. 61/2006 s. 12. (3) If the Authority accepts an application under subsection (2), the licence ceases to apply to the scheduled premises the subject of the application. S. 24 amended by Nos 9207 s. 4, 9623 s. 2, substituted by No. 10092 s. 9(1). 24 Fees in respect of licences and works approvals s. 23A S. 24(1) substituted by No. 20/1994 s. 11. (1) The fee prescribed in respect of a licence is due and payable— S. 24(1)(a) substituted by No. 7/2001 s. 17(1). (a) on the day on which it is issued and annually on the date fixed by the Authority while the licence continues in force; or (b) if an application under subsection (1A) is granted, on such days and in instalments of such amounts (including an amount for interest on the balance at a rate not exceeding the rate per centum per annum as is prescribed from time to time for the purposes of section 172(2) of the Local Government Act 1989 as is determined by the Authority) as the Authority determines.
S. 25(2)(d) inserted by No. 61/2006 s. 15(1)(b). (d) transfer and issue a new licence in respect of a scheduled premises currently included in a licence amalgamated under section 20(11A) subject to any conditions that the Authority considers appropriate. S. 25(3) amended by Nos 10261 s. 13(1)(a)(i)(ii), 87/1989 s. 14(a), substituted by No. 61/2006 s. 15(2). (3) If a person who becomes the occupier of any premises in respect of which a licence is in force complies with the conditions of the licence previously in force and within 30 days of becoming the occupier of the premises applies under subsection (1) for the transfer of the licence or applies for the issue of a new licence, the person is not liable to any penalty under this Act for— s. 25 (a) the discharge, emission or deposit of waste to the environment; or (b) the reprocessing, treatment, storage, containment, disposal or handling of waste; or (c) the reprocessing, treatment, storage, containment, disposal or handling of substances which are a danger or a potential danger to the quality of the environment or any segment of the environment; or (d) any activity which creates a state of potential danger to the quality of the environment or any segment of the environment— without a licence. S. 25(4) amended by No. 10261 s. 13(1)(b), substituted by No. 61/2006 s. 15(2). (4) If the Authority refuses to transfer a licence or issue a new licence to a person to whom subsection (3) applies, the person must within 10 days of receiving notice of that refusal cease— (a) the discharge, emission or deposit of waste to the environment; or
S. 27(1A) inserted by No. 10261 s. 13(2), amended by Nos 86/1990 s. 5(a)(b), 49/2000 s. 3(15)(Sch. item (4) (a)–(c)), substituted by No. 61/2006 s. 20, amended by No. 68/2009 s. 97(Sch. item 50.3). (1A) A person who is the occupier of a scheduled premises at which waste is, or substances which are a danger or potential danger to the quality of the environment or any segment of the environment are, reprocessed, treated, stored, contained, disposed of or handled— s. 27 (a) without a licence where a licence is required by this Act; or (b) while the licence is suspended— is guilty of an indictable offence against this Act and liable to a penalty of not more than 2400 penalty units and in the case of a continuing offence to a daily penalty of not more than 1200 penalty units for each day the offence continues after conviction or after service by the Authority on the accused of notice of contravention of this section. S. 27(1B) inserted by No. 61/2006 s. 20, amended by No. 68/2009 s. 97(Sch. item 50.3). (1B) A person who is the occupier of a scheduled premises and undertakes an activity which creates a state of potential danger to the quality of the environment or any segment of the environment— (a) without a licence where a licence is required by this Act; or (b) while the licence is suspended— is guilty of an indictable offence against this Act and liable to a penalty of not more than 2400 penalty units and in the case of a continuing offence to a daily penalty of not more than 1200 penalty units for each day the offence continues after conviction or after service by the Authority on the accused of notice of contravention of this section.
S. 27A inserted by No. 10261 s. 13(3). 27A Offences relating to industrial waste s. 27A S. 27A(1) amended by Nos 20/1988 s. 4(c), 87/1989 s. 22(a), 86/1990 s. 5(a)(b), substituted by No. 49/2000 s. 14, amended by No. 68/2009 s. 97(Sch. item 50.4). (1) A person who— S. 27A(1)(a) substituted by No. 37/2002 s. 11(o). (a) contravenes any rules or requirements relating to industrial waste specified in a waste management policy; or (b) contravenes any regulations relating to industrial waste; or (c) causes or permits an environmental hazard— is guilty of an indictable offence. 2400 penalty units plus, in the case of a continuing offence, a daily penalty of 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 subsection (whichever is the earlier).
on that person of notice of contravention of this section. S. 31A(8) inserted by No. 49/2000 s. 11(4). (8) Any noise control notice or minor works noise control notice in force on the date section 11 of the Environment Protection (Enforcement and Penalties) Act 2000 came into operation is deemed to be a pollution abatement notice issued under this section. S. 31A(9) inserted by No. 49/2000 s. 11(4). (9) Despite subsection (8), if a person contravenes a requirement specified in a pollution abatement notice that was issued as a minor works noise control notice, the person is only liable to the penalties that were specified by section 47A(6) immediately before section 11 of the Environment Protection (Enforcement and Penalties) Act 2000 came into operation. S. 31B inserted by No. 10092 s. 11(1). 31B Minor works pollution abatement notice s. 31B S. 31B(1) amended by Nos 87/1989 s. 28, 61/2006 s. 49(2)(a). (1) Where the Authority— S. 31B(1)(a) substituted by No. 20/1988 s. 11(a)(i). (a) is satisfied that a situation described in section 31A(1) exists; and S. 31B(1)(b) amended by Nos 20/1988 s. 11(a)(ii), 49/2000 s. 17. (b) estimates that the cost of compliance with all of the proposed requirements in the pollution abatement notice will not exceed $50 000— the Authority may if it is satisfied that urgent action is required in the circumstances serve a minor works pollution abatement notice on the occupier of the 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. S. 31B(2) amended by No. 61/2006 s. 49(2)(b). (2) A minor works pollution abatement notice may require the person on whom it is served to do any one or more of the things referred to in section 31A(2) and specified in the notice. s. 31B (3) A requirement specified in a minor works pollution abatement notice may be expressed to be general or limited in operation as to particular times, places or circumstances. (4) A minor works pollution abatement notice may specify a period of time within which any requirement specified in the minor works pollution abatement notice is to be complied with. S. 31B(5) amended by Nos 87/1989 s. 10(e)(i)(ii), 61/2006 s. 49(2)(c). (5) The Authority may by notice of amendment in writing served on the person on whom a minor works pollution abatement notice has been served— (a) extend the period if any for compliance with a requirement specified in the minor works 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 minor works pollution abatement notice.
S. 33A(4) amended by Nos 9/1987 s. 9(Sch. 3 item 5.5), 52/1998 s. 311(Sch. 1 item 27.5 (a)(i)(ii)). (4) The holder of a licence whose interests are affected by— S. 33A(4)(a) amended by No. 61/2006 s. 25(1). (a) the revocation or suspension of the licence or part of a licence as it relates to a particular scheduled premises by a notice served under section 20(9); or S. 33A(4)(b) amended by No. 61/2006 s. 25(1). (b) the amendment of the licence or part of a licence as it relates to a particular scheduled premises by a notice served under section 20(9)— may within 21 days after the service of the notice apply to the Tribunal for review of that revocation, suspension or amendment. S. 33A(5) amended by Nos 9/1987 s. 9(Sch. 3 item 5.5), 52/1998 s. 311(Sch. 1 item 27.5 (a)(i)(ii)). (5) An applicant for a works approval, the issue of a licence, the amendment of a licence or the transfer of a licence whose interests are affected by a requirement under section 22(1)(b) to bear the cost of a course of study may within 21 days of being served with the notice containing the requirement apply to the Tribunal for review of that requirement. S. 33A(6) amended by Nos 9/1987 s. 9(Sch. 3 item 5.5), 87/1989 s. 14(b), 52/1998 s. 311(Sch. 1 item 27.5 (a)(i)(ii)). s. 33A (6) An applicant for a licence, the amendment of a licence or the transfer of a licence whose interests are affected by any condition subject to which the licence is issued, amended or transferred may within 21 days after the licence is issued, amended or transferred apply to the Tribunal for review of that condition, limitation or restriction.
S. 33A(7) amended by No. 52/1998 s. 311(Sch. 1 item 27.5(b)). (7) A person whose application for a licence is refused or whose licence is suspended or revoked shall pending the determination of an application for review made under this Part be deemed to be unlicensed. S. 33A(7A) inserted by No. 61/2006 s. 25(2). (7A) In the case of a suspension, subsection (7) has effect in relation to a licence amalgamated under section 20(11A) to the extent of the suspension. S. 33A(8) substituted by No. 52/1998 s. 311(Sch. 1 item 27.6). (8) If an application for review of an amendment of a licence is made under subsection (4)(b) the amendment of the licence is suspended until the application is withdrawn or the review is determined. S. 33B inserted by No. 10092 s. 12(1) (as amended by No. 10160 s. 8(1)(a)(c)). 33B Applications for review by third parties s. 33B S. 33B(1) substituted by No. 52/1998 s. 311(Sch. 1 item 27.7). (1) If the Authority or a delegated agency— (a) issues a works approval; or (b) issues a licence on an application to which section 20(8) applies; or (c) amends a licence on an application to which section 20A(6) applies; or (d) removes the suspension of a licence— a person whose interests are affected by the decision (other than the applicant or licence holder) may apply to the Tribunal, within 21 days after the decision is made, for review of the decision.
S. 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. 34 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. 37(f) amended by Nos 9/1987 s. 9(Sch. 3 item 5.13), 87/1989 s. 10(j), 52/1998 s. 311(Sch. 1 item 27.17(b)), substituted by No. 37/2002 s. 41(2). (f) in the case of an application under section 36AA— s. 37A (i) if the Tribunal considers the provision to be oppressive, unjust or unreasonable, revoke or amend the provision as the Tribunal considers appropriate; or (ii) in any other case, confirm the provision; S. 37(g) amended by No. 10261 s. 17(5). (g) direct that a permit shall or shall not be issued or renewed; S. 37(h) amended by No. 10261 s. 17(5). (h) direct that a permit shall or shall not be issued subject to any specified terms or conditions; S. 37(i) amended by No. 37/2002 s. 6(2)(a). (i) in the case of an appeal under section 36B, confirm the fee or direct that the Authority re-calculate the fee and make any refund that is appropriate; S. 37(ia) inserted by No. 37/2002 s. 6(2)(b). (ia) in the case of an application under section 36BA, confirm, revoke or amend the notice as the Tribunal considers appropriate; S. 37(j) inserted by No. 20/1988 s. 9(6)(b), amended by No. 87/1989 s. 10(k). (j) in the case of an appeal under section 36C, amend or discharge a financial assurance. S. 37A inserted by No. 9/1987 s. 9(Sch. 3 item 5.14), substituted by No. 52/1998 s. 311(Sch. 1 item 27.18). 37A Matters Tribunal must take into account In determining an application for review or a declaration under this Part the Tribunal must— (a) take into account any relevant planning scheme; and
(a) noxious or poisonous; (b) harmful or potentially harmful to the health, welfare, safety or property of human beings; (c) poisonous, harmful or potentially harmful to animals, birds, wildlife, fish or other aquatic life; (d) poisonous, harmful or potentially harmful to plants or other vegetation; or (e) detrimental to any beneficial use made of those waters. S. 39(2) amended by No. 20/1988 s. 7(c). (2) Without in any way limiting the generality of subsection (1) a person shall be deemed to have polluted waters in contravention of subsection (1) if— (a) that person causes or permits to be placed in or on any waters or in a place where it may gain access to any waters any matter whether solid, liquid or gaseous which— (i) is prohibited by or under this Act; or (ii) does not comply with any standard prescribed for that matter; or (b) that person causes or permits the temperature of receiving waters to be raised or lowered by more than the prescribed limits. S. 39(3) amended by No. 7/2001 s. 19. (3) A person shall not cause or permit waste to be placed or left in any position whereby it could reasonably be expected to gain access to any waters in circumstances where if access was gained the waste would be likely to result in those waters being polluted.
S. 42(2) amended by Nos 87/1989 s. 30(c), 49/2000 s. 29(a). (2) A person who constructs, manufactures, assembles, sells, installs or offers to install any machinery, facility, vehicle or ship required by or under this Act to be fitted or equipped with any device or equipment so as to prevent or minimize pollution of the atmosphere without the machinery, facility, vehicle or ship being so fitted or equipped shall be guilty of an offence. S. 42(2A) inserted by No. 10037 s. 4, amended by No. 87/1989 s. 30(a). (2A) A person who constructs, manufactures, assembles or sells a vehicle which— (a) is not constructed; or (b) is not labelled— in the prescribed manner shall be guilty of an offence. S. 42(2B) inserted by No. 10037 s. 4, amended by No. 87/1989 s. 30(b). (2B) A person who sells a vehicle which has not been kept, maintained and adjusted in the prescribed manner shall be guilty of an offence. S. 42(3) amended by No. 87/1989 s. 30(d). (3) A person who in any locality in which the use of any chemical substance or fuel is prohibited by or under this Act sells the chemical substance or fuel shall be guilty of an offence. S. 42A inserted by No. 9760 s. 2. 42A Prohibition of sale or offering for sale of petrol containing excess lead S. 42A(1) substituted by No. 87/1989 s. 31. s. 42A (1) In this section and section 42B, petrol includes any liquid fuel or mixtures of fuels of a kind used in internal combustion spark ignition engines. (2) For the purposes of this section the mass of lead contained in a specified volume of petrol may be determined by reference to the mass of lead present as a constituent of a compound contained in that volume.
(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 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 s. 43 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—
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—
S. 45P inserted by No. 37/2002 s. 40. 45P Advertiser must disclose name of distributor (1) This section applies to a person who commissions the printing of a document that is distributed as an unsolicited document. (2) The person must give a litter enforcement officer the name and address of the person who was responsible for distributing the document in a particular area. (3) The person must comply with subsection (2) within 7 days after receiving a written request for the information from the officer. 10 penalty units. S. 45Q inserted by No. 37/2002 s. 40. 45Q Distributor must disclose name of depositor (1) A person who engages another person (whether as an employee or as an agent) to deposit unsolicited documents at premises within an area must give a litter enforcement officer the name and address of that other person. (2) The person must do this within 7 days after receiving a written request for the information from the officer. 10 penalty units. S. 45R inserted by No. 37/2002 s. 40. 45R Person who commissions document must ensure that it does not become litter (1) This section applies to a person who commissions the printing of a document that the person distributes, or intends to have distributed, as an unsolicited document. (2) The person must ensure that the document is distributed in a way that prevents it from becoming litter. 20 penalty units.
Division 5—Removal of litter and disorderly things S. 45V inserted by No. 37/2002 s. 40. 45V Litterer must remove litter if asked s. 45U A person must remove any litter deposited by that person if asked to do so by a litter enforcement officer. 10 penalty units. S. 45W inserted by No. 37/2002 s. 40. 45W Court may order removal of litter (1) If a court convicts a person of an offence under this Part, the court may— (a) instead of, or in addition to, any other penalty, order the person to— (i) clear away and remove the litter deposited by the person; or (ii) clear away and remove any other litter in or on any land or waters— within a specified time and under the supervision of a person nominated by the court; or (b) in addition to any other penalty, order the person to pay a sum of compensation for removal of the litter to the person who, or body which, has the control or management of the land or waters where the offence occurred. (2) The following provisions apply to an order under subsection (1)(a)— s. 45W (a) the court may also order that if the person contravenes the order, that person must pay a fine of not more than 40 penalty units;
(c) contain a copy of this section and section 45ZJ; (d) be signed by the officer; (e) contain the officer's business address. (6) The information an officer may require from a person may include— (a) how, when and where the litter came into or left the person's possession; (b) the name and address of anyone who had possession of the litter after the litter left the person's possession; (c) the name and address of anyone else involved in the commissioning of the material that became the litter. (7) If required to do so by a notice, a person must give the officer within the time specified in the notice all the information sought in the notice that is within the person's knowledge or in the person's possession. 10 penalty units. (8) However, any information given by a person in response to a notice under this section is not admissible in any prosecution against the person if, before giving the information, the person objected to giving the information on the ground that it might tend to incriminate him or her. This doesn't apply if the information was false or misleading. S. 45ZJ inserted by No. 37/2002 s. 40. 45ZJ Officer may require information to be in writing s. 45ZJ (1) If asked to do so by the litter enforcement officer, a person required to give the officer information under section 45ZI must give the information to the officer in writing.
S. 48A(8D) inserted by No. 22/1987 s. 5(b), amended by No. 37/2014 s. 10(Sch. item 56.2(b)). (8D) An application for an order under subsection (8F) must be made by a police officer of or above the rank of senior constable to a court officer. S. 48A(8E) inserted by No. 22/1987 s. 5(b), amended by No. 37/2014 s. 10(Sch. item 56.2(c)). (8E) A police officer may make an application under subsection (8D) for an order only if the police officer 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), amended by No. 37/2014 s. 10(Sch. item 56.2(d)). (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 police officer, 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; S. 48A(9)(b) amended by No. 37/2014 s. 10(Sch. item 56.2(d)). (b) a police officer; or
(ii) maximise the sustainable recovery of materials from waste for reuse, recycling and reprocessing and energy recovery; and (iii) minimise the damage to the environment caused by waste disposal. (2) In seeking to achieve its objectives, the Metropolitan Waste Management Group must collaborate with metropolitan councils, Sustainability Victoria, the Authority, industry, business and the community. S. 50AD inserted by No. 61/2006 s. 42. 50AD Functions s. 50AD The functions of the Metropolitan Waste Management Group are to— (a) facilitate the provision of waste management services and facilities by metropolitan councils; (b) enter into contracts and arrangements to develop and facilitate waste management services and facilities contracts for metropolitan councils; (c) manage contracts and arrangements between metropolitan councils and the providers of waste management services and facilities to those metropolitan councils; (d) promote, commission and undertake research into municipal waste management and resource efficiency on behalf of metropolitan councils; (e) advise metropolitan councils on best practices in municipal waste management and resource efficiency; (f) promote improved waste management and resource efficiency technologies;
(c) include a strategic analysis of existing infrastructure and services for waste management and resource recovery of materials and energy; (d) identify options for waste minimisation and resource recovery, waste collection and transport and waste disposal and provide a social and economic assessment of the options identified; (e) identify programs for infrastructure and services development to ensure that projected needs for waste management, resource recovery and resource efficiency can be met; (f) specify measures for litter prevention and control within metropolitan . (3) Part 1—The Metropolitan Plan must not be inconsistent with the solid industrial waste management plan. (4) The person or body nominated under section 50B(5) to prepare Part 1—The Metropolitan Plan must— s. 50BA (a) consult with the Metropolitan Waste Management Group, metropolitan councils, industry and other relevant stakeholders; and (b) advertise in a newspaper circulating generally throughout metropolitan that a draft Metropolitan Plan has been prepared; and (c) include in the advertisement— (i) an outline of the draft Metropolitan Plan; and (ii) advice as to where a copy of the draft Metropolitan Plan can be obtained or examined; and
S. 50J(2A) inserted by No. 37/2002 s. 22. (2A) A reference to a council in subsection (2) includes a reference to the council of a municipal district that is outside . (3) The constitution of a group may provide for member councils whose municipal districts are in the group's waste management region to have different rights and obligations to those of member councils whose municipal districts are not in the group's waste management region. S. 50K (Heading) inserted by No. 58/2010 s. 48(1). S. 50K inserted by No. 99/1994 s. 28. 50K Conflict of interest of members of the governing body S. 50K(1) amended by No. 58/2010 s. 48(2). (1) The provisions of sections 76AA, 77A, 77B, 78, 78A, 78B, 78C, 78D, 78E, 79 and 80 of the Local Government Act 1989 apply to members of the governing body of a regional waste management group and to the meetings of the governing body with any modifications that are necessary to make the application effective. (2) For the purposes of this section, a reference to the Minister in those sections is to be construed as a reference to the Minister administering this Division. S. 50KA inserted by No. 37/2002 s. 23. 50KA Staff s. 50K (1) A regional waste management group may employ as many people as it requires to enable it to carry out its functions. (2) A regional waste management group is to determine the pay and conditions of employment of its employees, subject to the approval of the Minister.
(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). s. 50S (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. (3) The levy must be paid in accordance with section 50SB. S. 50S(4) repealed by No. 49/2000 s. 19. * * * * * S. 50S(5) repealed by No. 20/2014 s. 8(3). * * * * *
S. 50W inserted by No. 53/1992 s. 4. 50W Requirement to provide Authority with information concerning levy s. 50W S. 50W(1) amended by No. 49/2000 s. 3(15)(Sch. item (23)). (1) On or before 1 September each year, each person to whom section 50S applies must give to the Authority, in a form approved by the Authority, a written statement containing— S. 50W(1)(a) substituted by No. 65/1996 s. 14(2). (a) details of the amount of waste (in tonnes) that was deposited (or that he, she or it estimates was deposited) at the premises in the last financial year; and S. 50W(1)(b) substituted by No. 65/1996 s. 14(2), amended by No. 2/1999 s. 9. (b) details of the amount of waste (in tonnes) for which he, she or it is entitled to a rebate under section 50SA or 50SAA; and S. 50W(1)(c) substituted by No. 65/1996 s. 14(2). (c) details of any estimates made in respect of the last financial year for the purposes of this Division that have not already been given to the Authority; and S. 50W(1)(d) substituted by No. 65/1996 s. 14(2). (d) any other information the Authority requires to enable it to determine the amount of landfill levy the person is liable for (or the refund the person is entitled to) under this Division. 600 penalty units. S. 50W(2) amended by No. 49/2000 s. 3(6). (2) A person must not include any false or misleading information in a written statement made under this section. S. 50W(3) inserted by No. 49/2000 s. 3(7). (3) A person who contravenes subsection (2) is guilty of an indictable offence. 2400 penalty units or imprisonment for 2 years or both.
S. 53J inserted by No. 48/1988 s. 40(1) (as amended by No. 87/1989 s. 65(a)). 53J Definitions s. 53J (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. (2) This Part does not apply to any septic tank system designed to discharge more than 5000 litres of sewage a day. S. 53K inserted by No. 48/1988 s. 40(1) (as amended by No. 87/1989 s. 65(a)). 53K Declaration of area by municipal council s. 53K A municipal council— (a) may declare; or (b) if required by the Authority, must declare— that, within any specified part of the municipality, all septic tank systems proposed to be installed for the purpose of treating waterborne wastes, where discharge of effluent from premises is proposed, must be of a type that treats all sewage.
would comply with this Act if the vehicle were used on a highway. S. 55C(3) amended by Nos 86/1990 s. 5(k), 49/2000 s. 3(15)(Sch. item (36)). (3) A person must not use a vehicle during any period when the use of the vehicle is prohibited by a notice or label. 60 penalty units. (4) It is a defence to an offence under subsection (3) if the person charged proves that— (a) he or she did not know that there was a notice or label affecting the vehicle; or s. 55C (b) he or she used the vehicle only for the purpose of making any repairs or adjustments to ensure compliance with this Act or to make the vehicle available for any further inspection, measurement or test. S. 55C(5) amended by Nos 86/1990 s. 5(k), 49/2000 s. 3(15)(Sch. item (36)). (5) A person must not sell any vehicle affected by a notice or label in contravention of subsection (2). 60 penalty units. (6) It is a defence to an offence under subsection (5) if the person charged proves that— (a) he or she did not know that there was a notice or label affecting the vehicle; or (b) the Authority gave its permission to the sale in writing. (7) Subsection (5) does not affect the validity of a contract of sale made in contravention of that subsection.
(a) that the person is the owner or occupier of a specified premises; and (b) that on a specified date or dates— (i) there was a sign or marking on or near a door of that premises that stated "No Advertising Material" or "No Junk Mail" or other specified words indicating that advertising material was not to be deposited in that receptacle, slot or place; and (ii) that that sign or marking was clearly visible to a person depositing an item under that door; and (c) that on that date, or on one of those dates, (as the case may be) specified material was deposited under that door— is evidence of those matters. s. 57D (3) However, a statutory declaration is not admissible as evidence under this section in any proceeding unless— S. 57D(3)(a) amended by No. 68/2009 s. 97(Sch. item 50.23). (a) a copy of the statutory declaration was served on the accused at least 21 days before the proceeding together with a statement— (i) that the certificate is to be used as evidence at the proceeding; and S. 57D(3)(a)(ii) amended by No. 68/2009 s. 97(Sch. item 50.23). (ii) that the accused has the right to require the prosecution to call as a witness the person who made the statutory declaration, and that the accused must exercise that right if the accused wishes to dispute any statement contained in the statutory declaration; and
S. 63B inserted by No. 22/1987 s. 4(1). 63B Infringement notices s. 63B (1) In this section and in sections 63C and 63D— S. 63B(1) def. of infringement amended by No. 61/2006 s. 38. infringement means an offence prescribed in Schedule A; S. 63B(1) def. of prosecution officer amended by Nos 20/1988 s. 23, 48/1988 s. 40(2)(ca) (as amended by No. 87/1989 s. 65(c)), 49/2000 s. 11(11)(a)(b), 7/2001 s. 22, 37/2002 s. 46, 37/2014 s. 10(Sch. item 56.4). prosecution officer means— (a) in relation to any infringement, any person who has been appointed under section 59 to take proceedings for offences against this Act; and (aa) in relation to an infringement under Part IXB, a person appointed under section 59(3); and (ab) in relation to an infringement under section 48A(8), a person authorised by a municipal council to enforce those sections; and (b) in relation to an infringement under section 48A(8), 48AB(4) or 56(2), a police officer; and (c) in relation to an infringement under Part VIIA, a litter enforcement officer. (2) A prosecution officer may serve or cause to be served an infringement notice on any person if the prosecution officer has reason to believe that the person has committed an infringement. S. 63B(3) substituted by No. 32/2006 s. 94(Sch. item 15(1)). (3) An offence referred to in subsection (2) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
S. 64A inserted by No. 10261 s. 35, amended by No. 57/1989 s. 3(Sch. item 64.11(a)(b)). 64A Authority may obtain injunction s. 64A The Authority may whether or not proceedings have been taken for an offence against this Act apply to the Supreme Court for an injunction restraining any person from contravening this Act or any condition of a works approval, licence, permit or notice or compelling any person to comply with this Act or any condition of a works approval, licence, permit or notice. 65 Saving of rights at law 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. 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; s. 67B (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.
S. 71(1)(gj) inserted by No. 10092 s. 30(g). (gj) prescribing the process or processes to be used for the treatment of waste or any specified class of waste so as to prevent or minimize the pollution of waters; s. 71 (h) requiring the giving of pollution warnings or alerts; (i) prohibiting or regulating the open burning of refuse or other combustible matter; S. 71(1)(j) amended by No. 9098 s. 18. (j) regulating the establishment of sites for the disposal of solid or liquid wastes on or in land and the use of any such sites (whether or not established after the commencement of this Act); S. 71(1)(ja) inserted by No. 61/2006 s. 54(3). (ja) prescribing the following types of prescribed industrial wastes— (i) category A waste; (ii) category B waste; (iii) category C waste, including packaged waste asbestos; (iv) any other category; S. 71(1)(k) amended by No. 9207 s. 5(3). (k) defining objectionable noise; s. 71 S. 71(1)(ka) inserted by No. 61/2006 s. 45. (ka) prescribing design criteria for the purposes of the definition of "plastic bag"; S. 71(1)(kb) inserted by No. 61/2006 s. 45. (kb) prohibiting, unless an exemption applies, the provision of a plastic bag by a retailer in the course of a retail transaction without an amount being charged for the provision of the plastic bag which is not less than the prescribed amount;
S. 71(1)(le) inserted by No. 48/1988 s. 40(2)(e)(ii). (le) prescribing maximum fees for the issue of permits for septic tank systems for different premises or class of premises, which fees may vary according to the extent and nature of— (i) the septic tank system; and (ii) the premises; (m) prohibiting or regulating bathing, swimming, boating or other aquatic activity in or around any waters that may be detrimental to health or welfare or for preventing pollution; S. 71(1)(ma) inserted by No. 8823 s. 13(d). (ma) prescribing the method by which any measurement or test shall be made for any of the purposes of this Act; S. 71(1)(mb) inserted by No. 8823 s. 13(d). (mb) prescribing the facts by which and the manner in which it may be proved that any noise emitted from any source does not comply with any standard prescribed in respect thereof by or under this Act; S. 71(1)(n) amended by No. 8823 s.13(c). (n) generally the prevention, control, abatement, or mitigation of pollution and noise; s. 71 S. 71(1)(na) inserted by No. 49/2000 s. 25. (na) prescribing the fees chargeable or payable for doing any act or providing any service for the purposes of the regulations and prescribing the person, people or body to which the fees are payable, and providing for the distribution of those fees and for the refund of fees in specified circumstances; S. 71(1)(o) amended by Nos 9758 s. 7, 49/2000 s. 6(a)(b). (o) prescribing penalties of not more than 50 penalty units for any breach of the regulations and in the case of continuing offences imposing a daily penalty of not more than 25 penalty units for every day the offence continues after conviction or notice
An offence under section 45S 10 penalty units An offence under section 45X(3) or 45Y(3) 12 penalty units An offence under section 45ZB(3) 8 penalty units An offence against section 62A(3A) 10 penalty units (in the case of a body corporate) 5 penalty units (in any other case) Sch. A _______________ Sch. C inserted by No. 53/1992 s. 9(b), amended by GG 29.2.96 p. 506, No. 65/1996 s. 24(2)(d)(e), substituted by No. 65/1996 s. 23. SCHEDULE C Sch. C 50S(1) Banyule Golden Plains Bayside Greater Dandenong Moreland Ballarat Hobson's Bay Greater Hume Nillumbik Boroondara Port Phillip Brimbank Knox Stonnington Cardinia Manningham Casey Maribyrnong Whittlesea Darebin Maroondah Wyndham Frankston Yarra Greater Melton Glen Eira Monash __________________
Assent Date: 19.5.81 Commencement Date: 27.7.81: Government Gazette 1.7.81 p. 2083 : All of Act in operation Environment Protection (Licence Fees) Act 1981, No. 9623/1981 Assent Date: 8.12.81 Commencement Date: 1.1.82: Government Gazette 16.12.81 p. 4149 : All of Act in operation Environment Protection (Penalties) Act 1982, No. 9758/1982 Assent Date: 13.7.82 Commencement Date: 1.10.82: Government Gazette 22.9.82 p. 3121 : All of Act in operation Environment Protection (Lead in Petrol) Act 1982, No. 9760/1982 Assent Date: 13.7.82 Commencement Date: 13.7.82 : All of Act in operation Environment Protection (Air Pollution Control) Act 1982, No. 9803/1982 Assent Date: 23.11.82 Commencement Date: 8.12.82: Government Gazette 7.12.82 p. 399 : All of Act in operation Environment Protection (Amendment) Act 1983, No. 9988/1983 Assent Date: 6.12.83 Commencement Date: 6.12.83 : All of Act in operation Environment Protection (Unleaded Petrol) Act 1984, No. 10037/1984 Assent Date: 10.4.84 Commencement Date: 10.4.84 : All of Act in operation Water (Central Management Restructuring) Act 1984, No. 10081/1984 Assent Date: 15.5.84 Commencement Date: 1.7.84: Government Gazette 20.6.84 p. 1937 : All of Act in operation Environment Protection (Review) Act 1984, No. 10092/1984 (as amended by No. 10160/1984) Assent Date: 22.5.84 Commencement Date: Ss 1–3 (impliedly), 4–7, 9(3), 12(3)(b), 13–18, 20–30 on 1.7.84; ss 8, 9(1)(2), 10, 11, 12(1)–(3)(a), 19 on 1.1.85: Government Gazette 27.6.84 p. 2038 : All of Act in operation Environment Protection (General Amendment) Act 1984, No. 10160/1984