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PARLIAMENT OF VICTORIA
Environment Protection (Enforcement and
Penalties) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY MATTERS 1
1. Purpose 1
2. Commencement 2
PART 2--CHANGES TO PENALTY PROVISIONS 3
3. Increase in penalties 3
4. Indictable offences may be tried summarily 4
5. Insertion of section 67AC 5
67AC. Court may order offenders to take specified actions 5
6. Increased maximum penalty for regulation offences 7
7. Increase in infringement notice penalties 7
8. Amendments to the Environment Protection (Amendment)
Act 1999 8
PART 3--OTHER AMENDMENTS 10
9. Extension of application of the Principal Act 10
10. Extension of life of temporary industrial waste management
policies 10
11. Changes concerning noise 10
12. Insertion of Divisional headings into Part III 14
"Division 1--Declaration of Policy"; 14
"Division 2--Works Approval"; 14
"Division 3-- Control of Wastes and Noise"; 14
"Division 4--Accredited Licences"; 14
"Division 5--Offences and Powers of the Authority". 14
13. Changes concerning issuing of licences etc. 14
14. Change concerning industrial waste offences 17
15. Changes concerning abatement notices 17
16. Minor change concerning notifiable chemicals order 18
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Clause Page
17. Increase in minor works notice cap 18
18. Insertion of section 50LA 18
50LA. Annual business plan 19
19. Change concerning landfill levy 20
20. Insertion of section 50SAB 20
50SAB. Rebate for cover material 20
21. Consequential amendment concerning payment of the levy 21
22. Insertion of Part IXC 22
PART IXC--REGULATION OF WASTE EMITTING
PRODUCTS 22
53P. Regulations concerning products that may damage the
environment 22
53Q. Offence to fail to comply with regulations 22
23. Insertion of Divisional headings into Part X 23
"Division 1--Information to be Given to the Authority"; 23
"Division 2--Powers of the Authority and Authorized
Officers"; 23
"Division 3--Evidentiary and Other Legal Matters"; 23
"Division 4--Offences"; 23
"Division 5--Additional Legal Matters"; 23
"Division 6--Administrative and Miscellaneous Matters". 24
24. Payment of notice fees--miscellaneous amendments 24
25. Additional regulation-making power--service fees 24
26. Additional regulation-making power--exemptions 25
27. Miscellaneous minor amendments 25
28. Amendment to Alpine Resorts (Management) Act 25
5. Operation of other Acts in relation to alpine resorts 25
29. Statute law revision 26
__________________
SCHEDULE--Amendment to Penalty Provisions in the Environment
Protection Act 1970 27
NOTES 32
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541056B.A1-1/6/2000 BILL LA AS SENT 1/6/2000
PARLIAMENT OF VICTORIA
Initiated in Assembly 12 April 2000
As amended in Assembly 31 May 2000
A BILL
to amend the Environment Protection Act 1970, the Alpine Resorts
(Management) Act 1997, the Magistrates' Court Act 1989 and the
Environment Protection (Amendment) Act 1999 and for other
purposes.
Environment Protection (Enforcement
and Penalties) Act 2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY MATTERS
1. Purpose
The purpose of this Act is--
(a) to amend the Environment Protection Act
5 1970--
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(i) to increase the penalties that apply to
offences under that Act and to make a
number of offences in that Act
indictable offences; and
5 (ii) to empower courts to order offenders
under that Act to publicise their
offences and to carry out specified
projects; and
(iii) to enable the Authority to regulate the
10 supply of wood heaters and similar
items;
(iv) to make various other changes to the
enforcement provisions of that Act;
(b) to make minor amendments to the Alpine
15 Resorts (Management) Act 1997, the
Magistrates' Court Act 1989 and the
Environment Protection (Amendment)
Act 1999.
2. Commencement
20 (1) This Part and sections 9, 10, 12, 15, 16, 18, 22, 23
and 25 to 29 come into operation on the day after
the day on which this Act receives the Royal
Assent.
(2) Sections 19, 20 and 21 comes into operation on
25 1 July 2000.
(3) Part 2 and sections 11, 13, 14, 17 and 24 come
into operation on 9 July 2000.
_______________
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PART 2--CHANGES TO PENALTY PROVISIONS
3. Increase in penalties
(1) This section amends the Environment Protection
Act 1970.
5 (2) In section 26C(3), omit the penalty.
(3) After section 26C(3) insert--
"(4) A person who contravenes sub-section (3) is
guilty of an indictable offence.
Penalty: 2400 penalty units or
10 imprisonment for 2 years or
both.".
(4) In section 27A(2), for all words and expressions
after "is guilty of" substitute--
"an indictable offence.
15 Penalty: 5000 penalty units, plus in the case of a
continuing offence, 2500 penalty units
for each day the offence continues after
conviction or after service by the
Authority on the defendant of notice of
20 contravention of this section
(whichever is the earlier).".
(5) At the foot of section 43A insert--
"Penalty: 60 penalty units.".
(6) In section 50W(2), omit the penalty.
25 (7) After section 50W(2) insert--
"(3) A person who contravenes sub-section (2) is
guilty of an indictable offence.
Penalty: 2400 penalty units or
imprisonment for 2 years or
30 both.".
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(8) At the foot of section 54B(2) insert--
"Penalty: 120 penalty units.".
(9) For the penalty at the foot of section 55(6)
substitute--
5 "Penalty: 240 penalty units or imprisonment for
6 months or both.".
(10) At the foot of sections 55AC(5) and (6) insert--
"Penalty: 60 penalty units.".
(11) In section 57AA(6), omit the penalty.
10 (12) After section 57AA(6) insert--
"(6A) An environmental auditor who contravenes
sub-section (6) is guilty of an indictable
offence.
Penalty: 2400 penalty units or
15 imprisonment for 2 years or
both.".
(13) In sections 60(1) and (2), omit the penalty.
(14) After section 60(4) insert--
"(5) A person who contravenes sub-section (1) or
20 (2) is guilty of an indictable offence.
Penalty: 2400 penalty units or
imprisonment for 2 years or
both.".
(15) The provisions of the Act listed in the Schedule
25 are amended as specified in the Schedule.
4. Indictable offences may be tried summarily
(1) In the Magistrates' Court Act 1989, in
Schedule 4, in item 55, for "400 penalty units"
substitute "1000 penalty units".
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(2) In the Magistrates' Court Act 1989, in
Schedule 4, after clause 62 insert--
"63. Environment Protection Act 1970
Indictable offences (other than an offence under
5 section 59E) under the Environment Protection Act
1970, but the maximum fine that the Court may
impose in respect of a single offence is 1000 penalty
units.".
5. Insertion of section 67AC
10 After section 67AB of the Environment
Protection Act 1970 insert--
"67AC. Court may order offenders to take specified
actions
(1) This section applies if a court finds a person
15 guilty of an offence against this Act.
(2) In addition to, or instead of, any other
penalty the court may impose on the person
under this Act, the court may order the
person to do one or more of the following--
20 (a) to take any action specified by the court
to publicise--
(i) the offence;
(ii) any environmental or other
consequences arising or resulting
25 from the offence;
(iii) any penalties imposed, or other
orders made, as a result of the
commission of the offence;
(b) to take any action specified by the court
30 to notify one or more people or classes
of people of the matters listed in
paragraph (a) (for example, to publish a
notice in an annual report or to
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distribute a notice to people affected by
the offence);
(c) to carry out a specified project for the
restoration or enhancement of the
5 environment in a public place or for the
public benefit (even if the project is
unrelated to the offence);
(d) to carry out a specified environmental
audit of the activities carried on by the
10 person.
(3) The court may make the order on the
application of the Authority, or on its own
motion.
(4) In making an order, the court may specify by
15 when specified actions must be taken and
may also impose any other requirement that
it considers necessary or expedient to make
the order effective.
(5) If a person is found in contempt of court for
20 failing to comply with an order, the
Authority--
(a) may do anything that is necessary or
expedient to carry out any action that
remains to be done under the order and
25 that it is still practicable to do; and
(b) may publicise the failure of the person
to comply with the order.
(6) If a person fails to comply with an order
made under sub-section (2)(a), (b) or (d), the
30 Authority may give the person a written
notice advising the person that it intends to
carry out specified actions that remain to be
done under the order unless the person can,
within 14 days after being given the notice,
35 satisfy it that the person will carry out those
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actions within a period of time acceptable to
the Authority.
(7) If a person who has been given such a notice
fails to give the Authority a satisfactory
5 response within the 14 days, or fails to
comply with any undertaking given to the
Authority in response to such a notice, the
Authority--
(a) may do anything that is necessary or
10 expedient to carry out any action that
remains to be done under the order and
that it is still practicable to do; and
(b) may publicise the failure of the person
to comply with the order.
15 (8) Nothing in sub-sections (6) and (7) prevents
contempt of court proceedings from being
started or continued against a person who
has failed to comply with a court order.
(9) The Authority may recover any cost it incurs
20 in taking action under sub-section (5) or (7)
as a debt due and payable by the person
against whom the order was made.".
6. Increased maximum penalty for regulation offences
In section 71(1)(o) of the Environment
25 Protection Act 1970--
(a) for "8 penalty units" substitute "50 penalty
units";
(b) for "2 penalty units" substitute "25 penalty
units".
30 7. Increase in infringement notice penalties
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In the Environment Protection Act 1970, for
Schedule A substitute--
"SCHEDULE A
INFRINGEMENTS
Infringement Penalty
Any offence against section 43A, 48(1), 10 penalty units
48A(8), 48B(1), 48C(1), 53L, 53MA, (in the case of a
53MB, 53N, 55AC(3), 55A(4), 55AC(5), body corporate)
55AC(6) or 56(2)
5 penalty units
(in any other
case)
Any offence against section 19A(7), 50 penalty units
27(1), 27(1A), 27(2), 27A(1), 27A(2), (in the case of a
28B(5), 31A(7), 31B(6), 42(1), 42(2), body corporate)
42(2A), 42(2B), 42(3), 42B(2), 42B(8),
12 penalty units
42B(11), 42B(13), 48AB(4), 51E(5),
(in any other
51F(4), 53A(3), 53B(5), 53I(3), 53Q,
case)
54(2), 54A(3), 54B(2), 55B(4), 55C(3),
55C(5), 55C(8) or 59C
Any offence against the regulations 10 penalty units
(in the case of a
body corporate)
5 penalty units
(in any other
case)
Any offence against section 57AA(5) 60 penalty units
(in the case of a
body corporate)
15 penalty units
(in any other
case)".
5 8. Amendments to the Environment Protection
(Amendment) Act 1999
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(1) This section amends section 17 of the
Environment Protection (Amendment) Act
1999.
(2) In proposed sections 53B(1), 53C and 53D, omit
5 the penalty.
(3) After proposed section 53B(1) insert--
"(1A) A person who contravenes sub-section (1) is
guilty of an indictable offence.
Penalty: 2400 penalty units.".
10 (4) At the end of proposed section 53C insert--
"(2) A person who contravenes sub-section (1) is
guilty of an indictable offence.
Penalty: 2400 penalty units.".
(5) At the end of proposed section 53D insert--
15 "(2) A person who contravenes sub-section (1) is
guilty of an indictable offence.
Penalty: 2400 penalty units.".
(6) In proposed section 53E--
(a) for "100 penalty units" substitute
20 "600 penalty units"; and
(b) for "40 penalty units" substitute
"240 penalty units".
_______________
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PART 3--OTHER AMENDMENTS
9. Extension of application of the Principal Act
For section 2(1) of the Environment Protection
Act 1970 substitute--
5 "(1) This Act binds the Crown in right of Victoria
and, so far as the legislative power of the
Parliament permits, the Crown in all its other
capacities.".
10. Extension of life of temporary industrial waste
10 management policies
In section 18B(2) of the Environment Protection
Act 1970, for "4 months" substitute "12 months".
11. Changes concerning noise
(1) In section 31A(1)(a) of the Environment
15 Protection Act 1970--
(a) after "pollution" insert "(including
unreasonable noise)";
(b) after paragraph (d) insert--
"; or
20 (e) is causing, or is likely to cause, an
emission of noise that the Authority
considers is, or is likely to be,
unreasonable in the circumstances--".
(2) After section 31A(1) of the Environment
25 Protection Act 1970 insert--
"(1A) Despite sub-section (1), the Authority may
not serve a pollution abatement notice in
respect of any noise, or likely noise, in
respect of which a direction may be given
30 under section 48A(6).".
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(3) For section 31A(2)(f) of the Environment
Protection Act 1970 substitute--
"(f) to provide monitoring equipment, to carry
out a monitoring program and to give the
5 Authority specified results, measurements
and information in relation to a monitoring
program;".
(4) After section 31A(7) of the Environment
Protection Act 1970 insert--
10 "(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
15 pollution abatement notice issued under this
section.
(9) Despite sub-section (8), if a person
contravenes a requirement specified in a
pollution abatement notice that was issued as
20 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
25 and Penalties) Act 2000 came into
operation.".
(5) After section 31A(2A) of the Environment
Protection Act 1970 insert--
"(2B) If a premises is a schedule 3 premises and is
30 used lawfully for a purpose for which a new
use could not be established under a
planning scheme under the Planning and
Environment Act 1987, the Authority may
take that fact into account in deciding
35 whether to issue a pollution abatement notice
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in respect of the premises, or in deciding
what is to be included in such a notice.".
(6) Sections 32(1)(e), 35(2), 47, 47A and 48A(10) of
the Environment Protection Act 1970 are
5 repealed.
(7) In the Environment Protection Act 1970--
(a) in section 13(1)(d), for "noise control notices
and minor works noise control notices"
substitute "research, development and
10 demonstration approvals";
(b) in section 36, for "28B, 31A or 47"
substitute "28B or 31A";
(c) in sections 60A and 60B, omit ", 47, 47A,
50";
15 (d) in section 60C(1), omit ", noise control
notice".
(8) In section 48A(1) of the Environment Protection
Act 1970 insert the following definition--
' "council officer" means a person who is
20 authorised by a municipal council to enforce
sub-sections (3) and (8);'.
(9) For section 48A(6) of the Environment
Protection Act 1970 substitute--
"(6) If a member of the police force or a council
25 officer reasonably suspects that an offence
against this section is being, or has been,
committed, that member or officer may
direct--
(a) any person suspected of committing the
30 offence; or
(b) any person apparently in charge of the
premises on which the offence is
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occurring or is suspected to have
occurred--
to take such action as the member or officer
considers necessary to abate the noise or to
5 prevent the suspected offence from
recurring.".
(10) For section 48A(9)(c) of the Environment
Protection Act 1970 substitute--
"(c) a council officer.".
10 (11) In section 63B(1) of the Environment Protection
Act 1970, in the definition of "prosecution
officer"--
(a) after paragraph (aa) insert--
"(ab) in relation to an infringement under
15 section 48A(3) or (8), a person
authorised by a municipal council to
enforce those sections; and";
(b) in paragraph (b), omit "or the Environment
Protection (Audible Intruder Alarm)
20 Regulations 1978".
(12) For section 69(3) of the Environment Protection
Act 1970 substitute--
"(3) All--
(a) fees paid to a municipal council under
25 Part IXB may be retained by the
council; and
(b) penalties for offences or infringements
under section 48A(3) or (8) or Part IXB
in cases where the prosecution was
30 undertaken, or the infringement notice
was issued, by a person authorised for
that purpose by a municipal council
must be paid to the council once they
have been recovered.".
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12. Insertion of Divisional headings into Part III
In Part III of the Environment Protection Act
1970--
(a) for the heading "Declaration of Policy" that
5 appears before section 16 substitute--
"Division 1--Declaration of Policy";
(b) for the heading "Works Approval" that
appears before section 19A substitute--
"Division 2--Works Approval";
10 (c) for the heading "Control of Wastes" that
appears before section 20 substitute--
"Division 3-- Control of Wastes and Noise";
(d) before section 26A insert--
"Division 4--Accredited Licences";
15 (e) before section 27 insert--
"Division 5--Offences and Powers of the
Authority".
13. Changes concerning issuing of licences etc.
For sections 20C(1), (2) and (3) of the
20 Environment Protection Act 1970 substitute--
'(1) In this section--
"authorisation" means--
(a) a works approval;
(b) a licence;
25 (c) a research, development and
demonstration approval;
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(d) a permit to transport prescribed
waste or prescribed industrial
waste issued under Part IXA;
"relevant offence" means--
5 (a) an indictable offence;
(b) an offence committed outside
Victoria that would have been an
indictable offence if it had been
committed in Victoria on the date
10 it was committed;
(c) a summary offence under this Act,
the Dangerous Goods Act 1985,
the Occupational Health and
Safety Act 1985 or the
15 Equipment (Public Safety) Act
1994.
(2) In considering an application for the issue,
transfer or amendment of an authorisation,
the Authority must have regard to policy so
20 that the authorisation and any condition in,
or relating to, the authorisation is consistent
with all applicable policies.
(3) The Authority may refuse to issue, transfer
or amend an authorisation--
25 (a) if, in the opinion of the Authority, the
issue, transfer or amendment would--
(i) be contrary to, or inconsistent
with, any applicable policy; or
(ii) be likely to cause, or to contribute
30 to, pollution; or
(iii) be likely to cause an
environmental hazard; or
(b) if the person applying for the issue or
amendment, or in the case of a transfer,
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the person to whom the authorisation is
to be transferred--
(i) has been found guilty of one or
more relevant offences in the
5 10 years immediately before the
date the Authority received the
application; and
(ii) as a result, the person is, in the
opinion of the Authority, not a fit
10 and proper person to hold the
authorisation, or in the case of an
application for amendment, to
hold the authorisation in the
amended form; or
15 (c) if the person applying for the issue,
transfer or amendment is a corporation,
and any director or person who is
concerned in the management of the
corporation--
20 (i) has been found guilty of one or
more relevant offences in the
10 years immediately before the
date the Authority received the
application; and
25 (ii) as a result, the director or other
person is, in the opinion of the
Authority, not a fit and proper
person to be involved in a
corporation holding the
30 authorisation, or in the case of an
application for amendment,
holding the authorisation in the
amended form.
(3A) Despite anything to the contrary in sub-
35 section (2) or (4), in issuing, transferring or
amending an authorisation, the Authority
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may impose conditions in relation to the
authorisation that require the observance of
standards that are more stringent than would
be required by the applicable policy if the
5 Authority is satisfied that--
(a) local environment conditions require a
higher level of protection than would
otherwise be provided; or
(b) the pollution control technology or
10 noise control technology required to
achieve more stringent standards is
commonly available in the industry.'.
14. Change concerning industrial waste offences
For section 27A(1) of the Environment
15 Protection Act 1970 substitute--
"(1) A person who--
(a) contravenes any rules or requirements
specified in an industrial waste
management policy; or
20 (b) contravenes any regulations relating to
industrial waste; or
(c) causes or permits an environmental
hazard--
is guilty of an indictable offence.
25 Penalty: 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
30 the Authority on the defendant of
notice of contravention of this
sub-section (whichever is the
earlier).".
15. Changes concerning abatement notices
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In the Environment Protection Act 1970--
(a) in section 28A(2), for the definition of
"sewerage authority" substitute--
' "sewerage authority" means--
5 (a) a company that holds a water and
sewerage licence under the Water
Industry Act 1994; or
(b) an Authority that has a sewerage
district under the Water Act
10 1989;';
(b) for section 28B(1)(a) substitute--
"(a) is the cause of, or a significant
contributing factor to, an occupier of a
sewage treatment plant licensed under
15 this Act that is connected to those
works failing to comply with, or being
in contravention of, any condition,
limitation or restriction to which the
licence is subject; or".
20 16. Minor change concerning notifiable chemicals order
In section 30D(1)(b) of the Environment
Protection Act 1970, for "sale" substitute
"supply".
17. Increase in minor works notice cap
25 In section 31B(1)(b) of the Environment
Protection Act 1970, for "a sum equivalent to
100 penalty units" substitute "$50 000".
18. Insertion of section 50LA
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After section 50L of the Environment Protection
Act 1970 insert--
"50LA. Annual business plan
(1) Each year a regional waste management
5 group must give the Minister, on or before
the date required by the Minister, a business
plan--
(a) that sets out--
(i) its objectives and priorities for the
10 next 3 financial years; and
(ii) financial projections for that
period; and
(iii) its budget for the next financial
year; and
15 (iv) what it intends to do over the next
financial year; and
(v) any other matters that the Minister
requires in writing; and
(b) that is consistent with--
20 (i) the current business plan of
EcoRecycle Victoria; and
(ii) any current and relevant state-
wide strategy published by
EcoRecycle Victoria; and
25 (iii) its regional waste management
plan.
(2) If a regional waste management group fails
to comply with sub-section (1), the Minister
may direct the Authority to withhold any
30 payment the Authority is required to make to
the group under section 52B until the
Minister notifies the Authority that she or he
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is satisfied that the group has complied with
sub-section (1).
(3) The Authority must comply with such a
direction.
5 (4) Before making such a direction, the Minister
must consult with EcoRecycle Victoria.
(5) A regional waste management group must
have regard to its current business plan in
carrying out its functions.
10 (6) A regional waste management group must
ensure that a copy of its current business
plan is available for inspection by members
of the public at its principal place of business
whenever that place is open to the public.".
15 19. Change concerning landfill levy
Section 50S(4) of the Environment Protection
Act 1970 is repealed.
20. Insertion of section 50SAB
After section 50SAA of the Environment
20 Protection Act 1970 insert--
"50SAB. Rebate for cover material
(1) A person who is liable to pay a landfill levy
under section 50S is entitled to a rebate for
each tonne of waste that is deposited on to
25 land at the premises.
(2) The amount of the rebate is--
Rebate = 15 x W x LR
100
where--
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W is the amount of waste (in tonnes)
deposited on to land at the premises in
the relevant period;
LR is--
5 (i) $3 in the case of a premises that is
in a municipal district listed in
Schedule C if the waste in respect
of which the rebate is to apply was
deposited at the premises after
10 30 June 2002;
(ii) $4 in the case of a premises that is
in a municipal district listed in
Schedule C if the waste in respect
of which the rebate is to apply was
15 deposited at the premises on or
before 30 June 2002;
(iii) $2 in any other case.".
21. Consequential amendment concerning payment of the
levy
20 (1) For section 50SB(2) of the Environment
Protection Act 1970 substitute--
"(2) In calculating an amount under sub-section
(1), the holder of the licence--
(a) must not take into account any rebate
25 that he, she or it is entitled to under
section 50SA or 50SAA; but
(b) must deduct the rebate that he, she or it
is entitled to under section 50SAB.".
(2) After section 50SB(5)(b)(ii) of the Environment
30 Protection Act 1970 insert--
"(iii) the amount of the rebate that the licence
holder calculates he, she or it is entitled
to under section 50SAB in respect of the
AprilJune quarter; and".
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22. Insertion of Part IXC
Before Part X of the Environment Protection
Act 1970 insert--
"PART IXC--REGULATION OF WASTE
5 EMITTING PRODUCTS
53P. Regulations concerning products that may
damage the environment
(1) The Governor in Council, on the
recommendation of the Authority, may make
10 regulations for or with respect to--
(a) requiring appliances, products or things
that are capable of emitting waste to be
labelled to indicate whether they
comply with a specified standard of
15 environmental performance;
(b) prohibiting the supply of any appliance,
product or thing--
(i) that does not meet a specified
standard of environmental
20 performance, or that emits waste
in excess of a specified amount or
concentration; or
(ii) that is not labelled in accordance
with a regulation made under
25 paragraph (a);
(c) regulating the installation of any
appliance, product or thing that is
capable of emitting waste.
(2) Section 71 applies to regulations made under
30 this section.
53Q. Offence to fail to comply with regulations
A person who supplies any appliance,
product or thing contrary to any regulation
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made under section 53P is guilty of an
indictable offence.
Penalty: 2400 penalty units, plus in the
case of a continuing offence, 1200
5 penalty units for each day the
offence continues after conviction
or after service by the Authority
on the defendant of notice of
contravention of this section
10 (whichever is the earlier).".
23. Insertion of Divisional headings into Part X
In Part X of the Environment Protection Act
1970--
(a) before section 54 insert--
15 "Division 1--Information to be Given to the
Authority";
(b) before section 55 insert--
"Division 2--Powers of the Authority and
Authorized Officers";
20 (c) before section 57 insert--
"Division 3--Evidentiary and Other Legal
Matters";
(d) before section 59B insert--
"Division 4--Offences";
25 (e) before section 60A insert--
"Division 5--Additional Legal Matters";
(f) before section 68 insert--
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25
Act No.
"Division 6--Administrative and
Miscellaneous Matters".
24. Payment of notice fees--miscellaneous amendments
For sections 60C(3) and (4) of the Environment
5 Protection Act 1970 substitute--
"(3) Unless the abatement notice or pollution
abatement notice is the subject of an appeal
to the Tribunal, a person who does not pay
the fee within the time specified under sub-
10 section (1) or (2) is guilty of an offence and
is liable to a penalty of not more than
60 penalty units and a daily penalty of not
more than 15 penalty units for each day
during which the offence continues after
15 conviction.
(4) If the decision of the Tribunal on an appeal
does not invalidate the abatement notice or
pollution abatement notice, the fee is payable
within 30 days of the decision of the
20 Tribunal.".
25. Additional regulation-making power--service fees
After section 71(1)(n) of the Environment
Protection Act 1970 insert--
"(na) prescribing the fees chargeable or payable
25 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
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the distribution of those fees and for the
refund of fees in specified circumstances;".
26. Additional regulation-making power--exemptions
After section 71(2A) of the Environment
5 Protection Act 1970 insert--
"(2B) Any such regulation may provide that the
Authority may exempt a person or thing or a
class of people or things from having to
comply with the regulation either wholly or
10 partly, and may permit the Authority to
impose conditions in relation to
exemptions.".
27. Miscellaneous minor amendments
In the Environment Protection Act 1970--
15 (a) in section 10(1), omit "(other than the
Chairman)";
(b) in section 15, for "Council" (wherever
occurring) substitute "Board";
(c) in section 45(2), before "any groundwater"
20 insert "any beneficial use of";
(d) in section 61(1B)(b), for "Motor Boating
Act 1961" substitute "Marine Act 1988".
28. Amendment to Alpine Resorts (Management) Act
For section 5 of the Alpine Resorts
25 (Management) Act 1997 substitute--
"5. Operation of other Acts in relation to alpine
resorts
For the purposes of the Emergency
Management Act 1986 and the
30 Environment Protection Act 1970--
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(a) the board of an alpine resort is deemed
to be a municipal council; and
(b) the alpine resort is deemed to be a
municipal district (except for the
5 purposes of section 52B(4) of the
Environment Protection Act 1970).".
29. Statute law revision
In the Environment Protection Act 1970--
(a) in section 42(2), for "instals or offers to
10 instal" substitute "installs or offers to
install";
(b) in section 53L, for "instal" substitute
"install";
(c) in section 54(5), for "accidently" substitute
15 "accidentally".
__________________
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SCHEDULE
AMENDMENTS TO PENALTY PROVISIONS IN THE
ENVIRONMENT PROTECTION ACT 1970
(1) In section 19A(7)--
5 (a) after "guilty of an" insert "indictable";
(b) for "200 penalty units" substitute "2400 penalty
units".
(2) In section 19B(8)--
(a) after "guilty of an" insert "indictable";
10 (b) for "200 penalty units" substitute "2400 penalty
units".
(3) In section 19G(1)--
(a) after "guilty of an" insert "indictable";
(b) for "200 penalty units" substitute "2400 penalty
15 units";
(c) for "80 penalty units" substitute "1200 penalty units".
(4) In sections 27(1), (1A) and (2)--
(a) after "guilty of an" insert "indictable";
(b) for "200 penalty units" substitute "2400 penalty
20 units";
(c) for "80 penalty units" substitute "1200 penalty units".
(5) In section 28B(5)--
(a) after "guilty of an" insert "indictable";
(b) for "200 penalty units" substitute "2400 penalty
25 units;"
(c) for "80 penalty units" substitute "1200 penalty units".
(6) In section 30C(2)--
(a) after "guilty of an" insert "indictable";
(b) for "200 penalty units" substitute "2400 penalty
30 units;"
(c) for "80 penalty units" substitute "1200 penalty units".
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(7) In section 30D(3)--
(a) after "guilty of an" insert "indictable";
(b) for "200 penalty units" substitute "2400 penalty
units;"
5 (c) for "80 penalty units" substitute "1200 penalty units".
(8) In section 31(2), for "50 penalty units" substitute
"300 penalty units".
(9) In section 31A(7)--
(a) after "guilty of an" insert "indictable";
10 (b) for "200 penalty units" substitute "2400 penalty
units";
(c) for "80 penalty units" substitute "1200 penalty units".
(10) In section 31B(6)--
(a) for "50 penalty units" substitute "300 penalty units";
15 (b) for "8 penalty units" substitute "50 penalty units".
(11) In section 39(5)--
(a) after "guilty of an" insert "indictable";
(b) for "200 penalty units" substitute "2400 penalty
units";
20 (c) for "80 penalty units" substitute "1200 penalty units".
(12) In section 43--
(a) after "guilty of an" insert "indictable";
(b) for "200 penalty units" substitute "2400 penalty
units";
25 (c) for "80 penalty units" substitute "1200 penalty units".
(13) In section 45(3)--
(a) after "guilty of an" insert "indictable";
(b) for "200 penalty units" substitute "2400 penalty
units";
30 (c) for "80 penalty units" substitute "1200 penalty units".
(14) In section 48(1), after "guilty of an" insert "indictable".
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(15) In section 48(3)--
(a) for "200 penalty units" substitute "2400 penalty
units";
(b) for "80 penalty units" substitute "1200 penalty units".
5 (16) In section 48A(8)--
(a) for "20 penalty units" substitute "120 penalty units";
(b) for "5 penalty units" substitute "30 penalty units".
(17) In section 48A(8C), for "100 penalty units" substitute
"240 penalty units".
10 (18) In section 48AB(4), for "200 penalty units" substitute
"600 penalty units".
(19) In section 48B(1), for "8 penalty units" substitute
"30 penalty units".
(20) In section 48C(1), for "8 penalty units" substitute
15 "30 penalty units".
(21) In section 48D(4)--
(a) after "guilty of an" insert "indictable";
(b) for "200 penalty units" substitute "2400 penalty
units";
20 (c) for "80 penalty units" substitute "1200 penalty units".
(22) In section 50V, for "100 penalty units" substitute
"600 penalty units".
(23) In section 50W(1), for "100 penalty units" substitute
"600 penalty units".
25 (24) In section 51E(5), for "100 penalty units" substitute
"600 penalty units".
(25) In section 51F(4), for "100 penalty units" substitute
"600 penalty units".
(26) In section 53A(3)--
30 (a) after "guilty of an" insert "indictable";
(b) for "200 penalty units" substitute "2400 penalty
units";
(c) for "80 penalty units" substitute "1200 penalty units".
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(27) In section 53L, for "100 penalty units" substitute
"300 penalty units".
(28) In section 53MA, for "100 penalty units" substitute
"120 penalty units".
5 (29) In section 53MB, for "100 penalty units" substitute
"120 penalty units".
(30) In section 54(2), for "20 penalty units" substitute
"120 penalty units".
(31) In section 54A(3), for "20 penalty units" substitute
10 "120 penalty units".
(32) In section 55A(4)--
(a) for "20 penalty units" substitute "60 penalty units";
(b) for "5 penalty units" substitute "15 penalty units".
(33) In section 55A(5), for "20 penalty units" substitute
15 "60 penalty units".
(34) In section 55AC(3)--
(a) for "20 penalty units" substitute "60 penalty units";
(b) for "5 penalty units" substitute "15 penalty units".
(35) In section 55B(4)--
20 (a) for "50 penalty units" substitute "300 penalty units";
(b) for "20 penalty units" substitute "50 penalty units".
(36) In sections 55C(3), (5) and (8), for "20 penalty units"
substitute "60 penalty units".
(37) In section 57AA(5), for "50 penalty units" substitute
25 "300 penalty units".
(38) In section 59B, for "50 penalty units" substitute
"300 penalty units".
(39) In section 59C--
(a) after "guilty of an" insert "indictable";
30 (b) for "200 penalty units" substitute "2400 penalty
units".
(40) In section 59D--
(a) after "guilty of an" insert "indictable";
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(b) for "200 penalty units" substitute "2400 penalty
units".
(41) In section 62A(3)--
(a) after "guilty of an" insert "indictable";
5 (b) for "200 penalty units" substitute "2400 penalty
units".
(42) In section 62B(5)--
(a) after "guilty of an" insert "indictable";
(b) for "200 penalty units" substitute "2400 penalty
10 units".
(43) In section 64, for "50 penalty units" substitute "300 penalty
units".
(44) In section 67, for "20 penalty units" substitute "120 penalty
units".
15 (45) In section 67AA--
(a) for "400 penalty units" substitute "5000 penalty
units ";
(b) for "160 penalty units " substitute "2500 penalty
units ".
20
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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