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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Environment Effects (Amendment) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Works to which this Act applies 2
5. Environment Effects Statement 2
6. Section 5 substituted 3
5. The Minister may call for supplementary statement 3
7. Substitution of section 8 and insertion of new sections 8A, 8B,
8C, 8D, 8E, 8F and 8G 3
8. Advice of Minister as to whether statement required 3
8A. No decision to be made on works until advice given 4
8B. Advice of Minister 5
8C. Decisions not to be made and works not to proceed
until assessment considered 6
8D. Timeframes for decisions on works changed 7
8E. Statement may be required if conditions not complied
with 8
8F. Only certain planning decisions affected 8
8G. Secretary to give advice and assistance 9
8. Minister may cause inquiries to be held 9
9. Guidelines 9
10. Insertion of new section 11 10
11. Transitional provision--Environment Effects
(Amendment) Act 2005 10
ENDNOTES 12
i
551217B.I1-5/10/2005 BILL LA INTRODUCTION 5/10/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Environment Effects Act 1978 to improve the
operation of that Act and for other purposes.
Environment Effects (Amendment) Act
2005
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Environment Effects Act 1978 to improve the
operation of that Act.
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Environment Effects (Amendment) Act 2005
s. 2
Act No.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day to be proclaimed.
(2) If this Act does not come into operation before
1 January 2007, it comes into operation on that
5
day.
3. Definitions
See: (1) In section 2(1) of the Environment Effects Act
Act No.
1978, for the definition of "Secretary"
9135.
Reprint No. 2 substitute--
10 as at
3 December
' "Secretary" means the body corporate
1998
established by Part 2 of the Conservation,
and
amending
Forests and Lands Act 1987;'.
Act Nos
23/1999,
(2) Section 2(2) of the Environment Effects Act
81/2004 and
1978 is repealed.
15 108/2004.
LawToday:
4. Works to which this Act applies
www.dms.
dpc.vic.
gov.au
(1) In section 3(2) of the Environment Effects Act
1978, for "order" substitute "Order".
(2) After section 3(2) of the Environment Effects
Act 1978 insert--
20
"(3) The Minister must specify in an Order under
sub-section (1) the procedures and
requirements under the guidelines that are to
apply to a statement for the works.".
5. Environment Effects Statement
25
Section 4(4) of the Environment Effects Act
1978 is repealed.
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Act No.
6. Section 5 substituted
For section 5 of the Environment Effects Act
1978 substitute--
"5. The Minister may call for supplementary
statement
5
(1) The Minister may at any time call for a
supplementary statement containing any
additional information that he or she
considers necessary for the making of his or
her assessment.
10
(2) The proponent must cause the supplementary
statement to be prepared and submitted to the
Minister.
(3) The proponent must cause a copy of the
supplementary statement to be submitted to
15
the relevant Minister.
(4) A supplementary statement under this
section is to be prepared and submitted at the
expense of the proponent of the works.".
7. Substitution of section 8 and insertion of new
20
sections 8A, 8B, 8C, 8D, 8E, 8F and 8G
For section 8 of the Environment Effects Act
1978 substitute--
'8. Advice of Minister as to whether
statement required
25
(1) If a person or body (the "relevant decision-
maker") is required by any Act or law to
make a decision in respect of works that
could have a significant effect on the
environment, the relevant decision-maker
30
may seek the advice of the Minister as to
whether a statement should be prepared for
the works.
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s. 7
Act No.
(2) The relevant decision-maker must seek the
advice of the Minister under sub-section (1)
if requested to do so by the Minister
responsible for the administration of the Act
or law under which the decision is made.
5
(3) A proponent of works that could have a
significant effect on the environment may
seek the advice of the Minister as to whether
a statement should be prepared for the
works.
10
(4) If the Minister considers that a decision is
required by an Act or law in respect of works
that could have a significant effect on the
environment, the Minister may by notice in
writing, require the person or body required
15
to make that decision (the "relevant
decision-maker") to refer the matter to the
Minister for advice as to whether a statement
should be prepared for the works.
8A. No decision to be made on works until
20
advice given
If a matter comes to the Minister for advice
under section 8, the Minister may, by notice
in writing to the relevant decision-maker and
any other person or body authorised under an
25
Act or law to make a decision with respect to
the works, direct the relevant decision-maker
or the person or body not to make that
decision until the Minister has given advice
in respect of the works under section 8B.
30
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Act No.
8B. Advice of Minister
(1) This section applies if a matter comes to the
Minister for advice under section 8.
(2) The Minister may by notice in writing
require any relevant decision-maker or
5
proponent of the works to provide the
Minister with any information that the
Minister reasonably requires to decide
whether a statement should be prepared for
the works.
10
(3) The Minister must decide whether--
(a) a statement should be prepared for the
works; or
(b) a statement is not required for the
works if conditions specified by the
15
Minister are met; or
(c) a statement is not required for the
works.
(4) On making a decision under sub-section (3),
the Minister must--
20
(a) by notice in writing advise the
proponent of the works, and any
relevant decision-maker from whom the
matter has come to the Minister for
advice under section 8--
25
(i) that a statement should be
prepared for the works; or
(ii) that a statement is not required for
the works if conditions specified
by the Minister are met; or
30
(iii) that a statement is not required for
the works; and
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Act No.
(b) give to that relevant decision-maker
any other advice or assistance the
Minister thinks fit to enable a decision
to be made.
(5) A notice under sub-section (4)(a)(i) must
5
specify the procedures and requirements
under the guidelines that are to apply to the
statement.
(6) The Minister must also give the notice under
sub-section (4)(a) to each person or body to
10
whom a direction is given under section 8A
in respect of the works.
(7) If the Minister gives a notice under sub-
section (4)(a)(i) in relation to works, the
works are deemed to be works to which this
15
Act applies.
8C. Decisions not to be made and works not to
proceed until assessment considered
(1) If the Minister gives a notice under
section 8B to a person or body (other than
20
the proponent) advising that a statement
should be prepared for works--
(a) the works must not proceed; and
(b) no decision can be made under an Act
or law by that person or body in
25
relation to the works until--
(i) the proponent has caused the
statement to be prepared and
submitted to the Minister for the
Minister's assessment of the
30
environmental effects of the
works; and
(ii) the assessment has been
considered by that person or body.
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s. 7
Act No.
(2) Sections 4(3), 5, 6(1) and 6(3) apply to the
preparation of a statement referred to in sub-
section (1).
8D. Timeframes for decisions on works
changed
5
(1) If--
(a) the Minister gives a notice under
section 8B to a person or body (other
than the proponent) advising that a
statement should be prepared for
10
works; and
(b) the person or body is required under an
Act or law to make a decision in respect
of those works by a particular date--
then, subject to section 8C(1)(b), for the
15
purpose of that Act or law that date is
deemed to be the later of the following
dates--
(c) the date that is one month after the
person or body receives the Minister's
20
assessment of the statement;
(d) the date that is one month after the
particular date.
(2) If--
(a) the Minister gives a notice under
25
section 8B to a person or body (other
than the proponent) advising that a
statement is not required for works; and
(b) the person or body is required under an
Act or law to make a decision in respect
30
of those works by a particular date--
then for the purpose of that Act or law that
date is deemed to be the later of the
following dates--
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Act No.
(c) the date that is one month after the
person or body receives the notice;
(d) the date that is one month after the
particular date.
8E. Statement may be required if conditions
5
not complied with
If the Minister gives a notice under
section 8B(4)(a)(ii) to a person or body
advising that a statement is not required for
works if specified conditions are met and the
10
specified conditions are not met--
(a) the Minister may by notice in writing
advise the person or body that a
statement should be prepared for the
works; and
15
(b) sections 8B, 8C and 8D apply as if the
notice under paragraph (a) were a
notice under section 8B(4)(a)(i).
8F. Only certain planning decisions affected
Sections 8 to 8E do not apply to decisions
20
under the Planning and Environment Act
1987 except the following decisions--
(a) a decision to adopt a planning scheme
or an amendment to a planning scheme;
(b) a decision to approve a planning
25
scheme or an amendment to a planning
scheme;
(c) a decision to amend or to refuse to
amend an application for a permit;
(d) a decision to grant or to refuse to grant
30
a permit or an amendment to a permit.
8
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s. 8
Act No.
8G. Secretary to give advice and assistance
The Secretary must, if requested by a
proponent of works, give any advice and
assistance (including technical advice and
assistance) that he or she thinks fit to enable
5
a proper preparation of a statement or a
supplementary statement required under this
Act for the works.'.
8. Minister may cause inquiries to be held
In section 9(2) of the Environment Effects Act
10
1978, for "effect on" substitute "effect of".
9. Guidelines
(1) In section 10 of the Environment Effects Act
1978--
(a) for "an Environment Effects Statement"
15
(where twice occurring) substitute "a
statement or a supplementary statement";
and
(b) after paragraph (b) insert--
"(ba) the procedures and requirements for--
20
(i) advertising or exhibiting (or both)
statements, supplementary
statements and information
relating to procedures and
requirements for the preparation
25
of statements and supplementary
statements;
(ii) public consultation to be
undertaken in relation to works to
which this Act applies, including
30
consultation in relation to the
requirements for the scope and
preparation of statements and
supplementary statements;"
9
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s. 10
Act No.
(2) At the end of section 10 of the Environment
Effects Act 1978 insert--
"(2) Without limiting sub-section (1), the
guidelines may--
(a) set out different procedures and
5
requirements for different works or
different kinds of works;
(b) apply, adopt or incorporate, with or
without amendments, any matter
contained in any document or standard
10
published by any authority or body as
published from time to time or at the
time the guidelines are made or at any
time before then.".
10. Insertion of new section 11
15
After section 10 of the Environment Effects Act
1978 insert--
"11. Transitional provision--Environment
Effects (Amendment) Act 2005
This Act as amended by the Environment
20
Effects (Amendment) Act 2005 does not
apply to the following works and those
works are to be dealt with in accordance with
this Act as if the 2005 Act had not been
enacted--
25
(a) any works that have been declared to be
public works for the purposes of this
Act by an Order made under section 3
before the commencement of the 2005
Act;
30
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551217B.I1-5/10/2005 BILL LA INTRODUCTION 5/10/2005
Environment Effects (Amendment) Act 2005
s. 10
Act No.
(b) any works in respect of which the
Minister has given advice, under
section 8(2) of this Act as in force
immediately before the commencement
of the 2005 Act, that a statement should
5
be prepared in respect of those works.".
11
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Environment Effects (Amendment) Act 2005
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
12
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