Environment Protection (Amendment) Act 2006
Act No.
table of provisions
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Part 1—Preliminary
1.Purpose
2.Commencement
Part 2—Scheduled Premises
3.Amendment of section 4—Definitions
4.Sections 13 and 16A consequentially amended
5.Section 19A substituted—Scheduled premises
19A.Scheduled premises
6.Amendment of section 19C—Power of Authority to amend works approval
7.Amendment of section 19D—Application for research, development and demonstration approval
8.Amendment of section 20—Licensing of certain premises
9.Amendment of section 20A—Amendment of licence
10.Amendment of section 20C—Consideration of policy
11.Amendment of section 21—Special conditions
12.Amendment of section 23A—Surrender of licence
13.Amendment of section 24—Fees in respect of licences and worksapprovals
14.Amendment of section 24A—Environment protection levy
15.Amendment of section 25—Transfer of works approvals or licences
16.Amendment of Part III Division 4 heading
17.Amendment of section 26A—Application for accreditation
18.Amendment of section 26B—Grant of accreditation
19.Sections 26D and 26E substituted
26D.Administrative arrangements
26E.Review of accreditation
20.Amendment of section 27—Offences
21.Amendment of section 30—Liability of licence holder
22.Consequential amendment of sections 31A and 31C
23.New section 31D inserted—Annual performance statement
31D.Annual performance statement
24.Consequential amendments on insertion of new section31D
25.Amendment of section 33A—Reviews with respect to
licences
26.Amendment of section 33B—Applications for reviews by
third parties
27.Amendment of section 50S—Landfill levy—amount payable
28.Amendment of section 50SA—Rebate for recycled waste
29.Amendment of section 50SB—Payment of the levy
30.Amendment of section 50XB—Rights and powers of the Authority if levy not paid
31.Amendment of section 53D—Obligation of producers of
waste
32.Amendment of section 71—Regulations
Part 3—Environment and Resource Efficiency Plans
33.New Division 4A inserted into Part III
Division 4A—Environment and Resource Efficiency
Plans
26F.Registration of scheduled activity
26G.Register of scheduled activities
26H.Preparation of Environment and Resource Efficiency Plan
26I.Matters to be included in an Environment and
Resource Efficiency Plan
26J.Submission of Environment and Resource Efficiency Plan for approval
26K.Power of Authority to require further information
26L.Consideration of approval of Environment and
Resource Efficiency Plan
26M.Implementation of Environment and Resource
Efficiency Plan
26N.Exemption
26O.Reports
26P.Operation of Environment and Resource Efficiency
Plan
26Q.Transfer of Environment and Resource Efficiency
Plan
34.Consequential amendment of section 4—Definitions
35.Consequential amendment of section 13—Powers, duties
and functions of the Authority
36.Consequential amendment of section 31A—Pollution
abatement notice
37.Consequential amendment of section 55—Powers of
authorized officers
38.Consequential amendment of section 63B—Infringement
notices
39.Consequential amendment of section 71—Regulations
40.Consequential amendment of Schedule A—Infringements
Part 4—Metropolitan Waste Management
41.New Division 2AB inserted into Part IX
Division 2AB—Metropolitan Local Governments' Waste Forum
49T.Metropolitan Local Governments' Waste Forum
42.New Divisions 2AC and 2AD inserted into Part IX
Division 2AC—Metropolitan Waste Management Group
50.The Metropolitan Waste Management Group
50A.Metropolitan Waste Management Group does not represent the Crown
50AB.Metropolitan Waste Management Group is a public
body and a public entity
50AC.Objectives
50AD.Functions
50AE.Powers
50AF.Board of directors
50AG.The directors
50AH.Conditions of appointment of directors
50AI.Meetings
50AJ.Disclosure of interests of directors
50AK.Validity of decisions
50AL.Power of delegation
50AM.Chief Executive Officer
50AN.Staff
50AO.Minister may give directions to the Metropolitan
Waste Management Group
50AP.Procurement directions and guidelines
50AQ.Annual business plan
50AR.Application of Local Government Act 1989
50AS.Dissolution of metropolitan regional waste
management groups
Division 2AD—Metropolitan Waste and Resource
Recovery Strategic Plan
50B.The Metropolitan Waste and Resource Recovery Strategic Plan
50BA.Part 1—The Metropolitan Plan
50BB.Part 2—The Municipal Solid Waste Infrastructure Schedule
50BC.Part 3—The Metropolitan Landfill Schedule
50BD.When is the Metropolitan Waste and Resource
Recovery Strategic Plan in force?
50BE.Amendment of the Metropolitan Waste and Resource Recovery Strategic Plan
50BF.Transitional provision
50BG.Review of Metropolitan Waste and Resource
Recovery Strategic Plan
50BH.Consistency with the Metropolitan Waste and
Resource Recovery Strategic Plan and regional
waste management plans
50BI.Authority may refuse applications for certain facilities
if Metropolitan Waste and Resource Recovery
Strategic Plan not observed
43.Consequential amendment of section 4—Definitions
44.New section 50D inserted—Application of Division
50D.Application of Division
Part 5—Regulation of the Provision of Plastic Bags
45.Amendment of section 71—Regulations
46.Consequential amendment of section 4—Definitions
47.Consequential amendment of section 31A—Pollution
abatement notice
Part 6—General Amendments
48.Amendment of section 27A—Offences relating to industrial waste
49.Amendment of sections 31A and 31B
50.Amendment of section 32—Jurisdiction of Tribunal
51.Amendment of section 45J—Notice to accompany charges
using section 45G
52.Amendment of section 45ZK—Reports of offences
53.Amendment of section 49AE—Procedure to be followed
before recommendation made
54.Amendment of section 50S and consequential amendments
55.Amendment of section 55—Powers of authorized officers
56.Amendment of section 57A—Reports and certificates
57.Amendment of section 59AC—Appearance in proceedings
for an offence
58.New section 59AD inserted—Summary jurisdiction in
indictable offences
59AD.Summary jurisdiction in indictable offences
59.Amendment of section 60C—Payment of notice fee
60.Amendment of section 62A—Notice to take clean up and ongoing management measures
61.Section 63A repealed—Time within which proceedings for certain offences may be brought
62.Amendment of section 66B—Offences by corporations and partnerships
63.New sections 67D to 67G inserted
67D.Enforceable undertakings
67E.Enforcement of undertakings
67F.Guidelines
67G.Register of undertakings
64.Amendment of section 71—Regulations
65.Amendment of section 72—Provision for matter by reference
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Endnotes
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551439B.I2-21/7/2006BILL LA CIRCULATION 21/7/2006
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Initiated in Assembly 19 July 2006
A BILL
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551439B.I2-21/7/2006BILL LA CIRCULATION 21/7/2006
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to amend the Environment Protection Act 1970 to make further provision for the protection of the environment and for other purposes.
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551439B.I2-21/7/2006BILL LA CIRCULATION 21/7/2006
ClausePage
Environment Protection (Amendment) Act 2006
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551439B.I2-21/7/2006BILL LA CIRCULATION 21/7/2006
Act No.
Environment Protection (Amendment) Act 2006
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551439B.I2-21/7/2006BILL LA CIRCULATION 21/7/2006
Act No.
Environment Protection (Amendment) Act 2006
The Parliament of Victoriaenacts as follows:
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551439B.I2-21/7/2006BILL LA CIRCULATION 21/7/2006
Part 6—General Amendments
Environment Protection (Amendment) Act 2006
Act No.
Part 1—Preliminary
1.Purpose
The purpose of this Act is to amend the Environment Protection Act 1970 to—
(a)reform the provisions relating to scheduled premises to improve the effectiveness and efficiency of the licensing system;
(b)provide for Environment and Resource Efficiency Plans to facilitate environmental resource use efficiency;
(c)establish the Metropolitan Waste Management Group for the area of metropolitan Melbourne and provide for the creation of the Metropolitan Waste and Resource Recovery Strategic Plan;
(d)provide for the regulation of the provision of plastic bags;
(e)reform the prescribed industrial waste landfill levy;
(f)provide for enforceable undertakings;
(g)improve the operation of the Act.
2.Commencement
s. 2
(1)This Act, other than Parts 2 and 4 and section 54,comes into operation on the day after the day on which this Act receives the Royal Assent.
(2)Part 2 comes into operation on 1 July 2007.
(3)Part 4 and section 54 come into operation on a day or days to be proclaimed.
(4)If a provision of Part 4 or section 54 does notcome into operation before 31 December 2007, it comes into operation on that day.
______
Part 2—Scheduled Premises
3.Amendment of section 4—Definitions
s. 3
See:
Act No.
8056.
Reprint No. 15
as at
12 December 2005
and amending
Act Nos
62/2005, 99/2005 and 32/2006.
LawToday:
dpc.vic.
gov.au
In section 4(1) of the Environment Protection Act 1970—
(a)for the definition of "accredited licensee" substitute—
'"accreditation" means accreditationgranted under section 26B;';
(b)insert the following definition—
'"scheduled premises" means any premises—
(a)prescribed by regulation; or
(b)which is of a class prescribed by regulation as premises at or from which—
(i)waste is,or is likely to be, discharged, emittedor deposited to the environment; or
(ii)noise is, or is likely to be, emitted; or
(iii)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; or
(iv)any activity is conducted which creates a state of potential danger to the quality of the environment or any segment of the environment;';
(c)the definitions of "schedule one premises", "schedule two premises", "schedule three premises", "schedule four premises", "schedule five premises" and "schedule six premises" are repealed.
4.Sections 13 and 16A consequentially amended
s. 4
(1)In section 13(1) of the Environment Protection Act 1970—
(a)in paragraph (d)—
(i)after "section 28B," insert "to control the environmental impacts of activities which create a state of potential danger to the environment and";
(ii)for "of danger" substitute "a danger";
(iii)for "treatment, transport and disposal of industrial waste" substitute "reprocessing, treatment, transport, containment and disposal of waste";
(b)in paragraph (n) for "treating, or disposing" substitute "storing, reprocessing, treating, containing or disposing".
(2)In section 16A(1) of the Environment Protection Act 1970 for "treatment, transport and" substitute "reprocessing, treatment, transport, containment and".
5.Section 19A substituted—Scheduled premises
s. 5
For section 19A of the Environment Protection Act 1970 substitute—
"19A.Scheduled premises
(1)The occupier of a scheduled premises must not do any act or thing, including the commencement of any construction, installation or modification of plant, equipment or process or any subsequent step in relation thereto, which is likely to cause—
(a)an increase or alteration in the waste discharged or emitted from, deposited to, or produced at, the premises; or
(b)an increase or alteration in the waste which is, or substances which are a danger or potential danger to the quality of the environment or any segment of the environmentwhich are, reprocessed, treated, stored, contained, disposed of or handled, at the premises; or
(c)a change in any method or equipment used at the premises for the reprocessing, treatment, storage, containment, disposal or handling of waste,or of substances which are a danger or potential danger to the quality of the environment or any segment of the environment; or
(d)a significant increase in the emission of noise; or
(e)a state of potential danger to the quality of the environment or any segment of the environment—
except in accordance with a works approval or a licence or a requirement specified in a notice given by the Authority as the case may be unless the act or thing is only in the course of and for the purpose of general maintenance.
(2)The occupier of a scheduled premises must not construct, relocate or reduce the height of any chimney through which waste is, or may be, discharged or emitted to the atmosphere or carry out any work which is the commencement of or any subsequent step in relation thereto, except in accordance with a works approval or a licence or a requirement specified in a notice given by the Authority as the case may be unless the work is only in the course of and for the purpose of general maintenance.
s. 5
(3)The occupier of any premises must not do any act or thing in relation to those premises that would make those premises a scheduled premises except in accordance with a works approval, a research, development and demonstration approval or a notice issued by the Authority.
(4)The Authority may by notice in writing upon the application of the occupier of a scheduled premises in respect of which a licence is in force under this Act exempt the occupier from compliance with sub-section (1)(a) if the Authority is satisfied that the exemption will not result in a discharge, emission or deposit of waste which by reason of volume, location, constituency or manner—
(a)affects adversely the quality of any segment of the environment; or
(b)affects adversely the interests of any person other than the applicant.
(5)The Authority may by notice in writing upon the application of the occupier of a scheduled premises in respect of which a licence is in force under this Act exempt the occupier from compliance with sub-section (1)(b) or(1)(c) if the Authority is satisfied that the exemption will not result in the reprocessing, treatment, storage, containment, disposal or handling of—
s. 5
(a)prescribed industrial waste;or
(b)substances which are a danger or a potential danger to the quality of the environment or any segment of the environment—
which by reason of volume, location, constituency or manneris or are likely to cause an environmental hazard oraffect adversely the interests of any person other than the applicant.
(6)The Authority may by notice in writing upon the application of the occupier of a scheduled premises in respect of which a licence is in force under this Act exempt the occupier from compliance with sub-section (1)(d) if the Authority is satisfied that the exemption will not result in an emission of noise which by reason of volume, intensity, duration or location—
(a)affects adversely the quality of any segment of the environment; or
(b)affects adversely the interests of any person other than the applicant.
(7)An exemption given under sub-section (4),(5) or (6)—
(a)may be general or limited in operation according to time or any other circumstances; and
(b)may be revoked or amended by a written notice given by the Authority.
(8)Subject to sub-sections (4), (5) and (6), the occupier of any scheduled premises in respect of which there is not applicable an exemption under the regulations who contravenes sub-section (1), (2) or (3) is guilty of an indictable offence against this Act and liable to a penalty of not more than 2400 penalty units.
(9)A works approval, licence, requirement specified in a notice given by the Authority or an exemption in force before the commencement of section 5 of the Environment Protection (Amendment) Act 2006 continues to have the same force and effect as it would have had if that section had not come into operation.".
6.Amendment of section 19C—Power of Authority to amend works approval
s. 6
(1)In section 19C(2) of the Environment Protection Act 1970 for "(other than a works approval required by section 19A(3A))" substitute "other than a works approval issued in respect of a scheduled premises used for the reprocessing, treatment, storage, containment, disposal or handling of prescribed industrial waste, or of substances which are a danger or potential danger to the quality of the environment or any segment of the environment".
(2)For section 19C(3) of the Environment Protection Act 1970substitute—
"(3)The Authority may only amend a works approval issued in respect of a scheduled premises used for the reprocessing, treatment, storage, containment, disposal or handling of prescribed industrial waste, or of substances which are a danger or potential danger to the quality of the environment or any segment of the environmentunder sub-section (1) if the Authority is satisfied that the amendment will not result in the reprocessing, treatment, storage, containment, disposal or handling of prescribed industrial waste, or of substances which are a danger or potential danger to the quality of the environment or any segment of the environment, which by reason of volume, location, constituency or manner—
s. 6
(a)is or are likely to cause an environmental hazard; or
(b)affect adversely to a substantial degree the interests of any person other than the holder of the works approval.
(4) An amendment of a works approval made before the commencement of section 6 of the Environment Protection (Amendment) Act 2006 continues to have the same force and effect as it would have had if that section had not come into operation.".
7.Amendment of section 19D—Application for research, development and demonstration approval
s. 7
(1)In section 19D(1) of the Environment Protection Act 1970, for paragraphs (a) and (b) substitute—
"(a)is a scheduled premises; or
(b)would become a scheduled premises if works were carried out—".
(2)After section 19D(4) of the Environment Protection Act 1970insert—
"(5) A research, development and demonstration approval in force before the commencement of section 7 of the Environment Protection (Amendment) Act 2006 continues to have the same force and effect as it would have had if that section had not come into operation.".
8.Amendment of section 20—Licensing of certain premises
(1)For sections 20(1), 20(2), 20(3A) and 20(3B) of the Environment Protection Act 1970substitute—
"(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
(c)the reprocessing, treatment, storage, containment, disposal or handling of substances which are a danger or potential danger to the quality of the environment or any segment of the environment; or
(d)an activity which creates a state of potential danger to the quality of the environment or any segment of the environment—
unless licensed to do so under this Act.".
(2) In section 20(8B) of the Environment Protection Act 1970 for "works approval" substitute"licence".
(3)In section 20(9) of the Environment Protection Act 1970—
(a)in paragraph (a) after "suspend the licence" insert "as it relates to a scheduled premises";
s. 8
(b)for paragraph (a)(iv) substitute—
"(iv)the licence holder has ceased to—
(A)discharge, emit or deposit any waste to the environment; or
(B)use the premises for the reprocessing, treatment, storage, containment, disposal or handling of waste; or
(C) use the premises for the reprocessing, treatment, storage, containment, disposal or handling of substances which are a danger or a potential danger to the quality of the environment or any segment of the environment; or
(D)undertake any activity which creates a state of potential danger to the quality of the environment or any segment of the environment;".
(4)After section 20(11) of the Environment Protection Act 1970insert—
"(11A)If a licence holder holds 2 or more licences under this section, the Authority may on the application of the licence holder—
(a)amalgamate the licences into one licence; and
(b)revoke the original licences.".
(5)In section 20(12) of the Environment ProtectionAct 1970for "each" substitute
"the amalgamated".
9.Amendment of section 20A—Amendment of licence
s. 9
(1)In section 20A(1) of the Environment Protection Act 1970—
(a)for "to the licence." substitute "to the licence; or";
(b)after paragraph (b) insert—
"(c)the addition of ascheduled premises.".
(2)In section 20A(8) of the Environment Protection Act 1970—
(a)for "issued a works approval" substitute "made an amendment to a licence";
(b)for "issue" (where twice occurring) substitute "amendment".
10.Amendment of section 20C—Consideration of policy
In section 20C(1) of the Environment Protection Act 1970, in the definition of "authorisation" after paragraph (b) insert—
"(ba)an accreditation;".
11.Amendment of section 21—Special conditions
s. 11
In section 21(1)of the Environment Protection Act 1970—
(a)for "the occupier of the premises in respect of which the works approval or licence relates complying"substitute "compliance, by the occupier of the premises in respect of which the works approval or licence relates";
(b)for paragraph (ba)(i) substitute—
"(i)a scheduled premises prescribed as a scheduled premises requiring a financial assurance; or";
(c)in paragraph (ba)(ii) for "on which" substitute"at which";
(d)in paragraph (e) for "or disposed of on" substitute", contained, disposed of or handled at".
12.Amendment of section 23A—Surrender of licence
At the end of section 23Aof the Environment Protection Act 1970insert—