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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Environment Protection (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. State environment protection policy 2
4. Power to incorporate measures in policies 2
5. Consequential amendments 2
6. Landfill levy 3
7. New section 50SAA inserted 3
50SAA. Rebate for recycled prescribed industrial waste 3
8. Consequential amendments 4
9. Records 4
10. New sections 50XD and 50XE inserted 4
50XD. Temporary levy 4
50XE. Payment of levy into Environment Protection Fund 5
11. Industry waste reduction agreements 6
12. New section 51B substituted 6
51B. Criteria to be satisfied before Authority enters into an
agreement 6
13. Power to require submission of agreements 6
14. Use of the new levy 7
15. Transport permit required 8
16. New section 53 inserted 8
53. Exemptions 8
17. Sections 53B to 53I substituted 8
53B. Obligation of consignor of waste 8
53C. Obligation to record and notify 9
53D. Obligation of producers of waste 10
53E. Contravention of permit condition 10
53F. Issue of transport permits 10
53G. Fees 11
18. Regulations 12
19. Infringements 12
20. Statute law revision 13
NOTES 14
i
532153B.A1-26/3/99
PARLIAMENT OF VICTORIA
Initiated in Assembly 11 November 1998
As amended by Assembly 25 March 1999
A BILL
to amend the Environment Protection Act 1970 to make further
provision for industry waste reduction agreements, State environment
protection policy and the transport of waste and to impose further
landfill levies and for other purposes.
Environment Protection (Amendment)
Act 1998
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Environment Protection Act 1970 to make
further provision for industry waste reduction
5 agreements, State environment protection policy
and the transport of waste and to impose further
landfill levies.
1
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Environment Protection (Amendment) Act 1998
s. 2
Act No.
2. Commencement
(1) This section and section 1 come into operation on
the day on which this Act receives the Royal
Assent.
5 (2) Sections 3, 4, 5, 10, 11, 12, 13, 14, 16, 19(a) and
20 come into operation on the 28th day after the
day on which this Act receives the Royal Assent.
(3) Sections 6, 7, 8 and 9 come into operation on
1 July 1999.
10 (4) Subject to sub-section (5), the remaining
provisions of this Act come into operation on a
day to be proclaimed.
(5) If a provision referred to in sub-section (4) does
not come into operation before 1 October 2000, it
15 comes into operation on that day.
3. State environment protection policy
No. 8056. After section 16(1B) of the Environment
Reprint No. 11
Protection Act 1970 insert--
as at 1 July
1997. Further
"(1C) The Governor in Council, on the
amended by
20 recommendation of the Authority, by Order
No. 57/1998.
published in the Government Gazette, may
declare State environment protection policy
with respect to the re-use and recycling of
substances.".
25 4. Power to incorporate measures in policies
In section 17A(1) and (2) of the Environment
Protection Act 1970, for "or 16(1A)" substitute
", 16(1A) or 16(1C)".
5. Consequential amendments
30 (1) In section 18A(1)(d) of the Environment
Protection Act 1970, for "or 16(1A)" substitute
", 16(1A) or 16(1C)".
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Environment Protection (Amendment) Act 1998
s. 6
Act No.
(2) In section 18D(5) and (6) of the Environment
Protection Act 1970, for "or 16(1A)" substitute
", 16(1A) or 16(1C)".
6. Landfill levy
5 After section 50S(2) of the Environment
Protection Act 1970 insert--
"(2A) The holder of a licence in respect of
premises licensed to be used for the
discharge or deposit to land of wastes that
10 are prescribed industrial waste must pay to
the Authority a landfill levy of $10 for each
tonne of that waste that is deposited on to
land at the premises.".
7. New section 50SAA inserted
15 After section 50SA of the Environment
Protection Act 1970 insert--
"50SAA. Rebate for recycled prescribed industrial
waste
(1) This section applies if prescribed industrial
20 waste is removed from premises licensed to
be used for the discharge or deposit to land
of the waste to enable it to be recycled,
reprocessed, recovered or purified by an
operation separate from that which produced
25 it.
(2) The holder of the licence in respect of the
premises is entitled to a rebate of any landfill
levy paid under 50S(2A) for each tonne of
that waste that is removed from the premises
30 within 3 years after being deposited at the
premises.
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Environment Protection (Amendment) Act 1998
s. 8
Act No.
(3) The amount of the rebate is the amount of
the landfill levy that was paid in respect of a
tonne of prescribed industrial waste at the
time the waste was deposited at the
5 premises.".
8. Consequential amendments
(1) In section 50SB of the Environment Protection
Act 1970--
(a) in sub-section (1), after "schedule two
10 premises" insert "or premises licensed to
discharge or deposit wastes to land";
(b) in sub-sections (2) and (5)(b)(ii), after
"50SA" insert "or 50SAA".
(2) In section 50T of the Environment Protection
15 Act 1970, for "schedule two premises may not be
prescribed for the purposes of" substitute
"premises are not subject to the levy payable
under".
(3) In section 50U(1) of the Environment Protection
20 Act 1970, omit "in respect of a schedule two
premises".
9. Records
In sections 50V(1)(b) and 50W(1)(b) of the
Environment Protection Act 1970, after "50SA"
25 insert "or 50SAA".
10. New sections 50XD and 50XE inserted
After section 50XC of the Environment
Protection Act 1970 insert--
"50XD. Temporary levy
30 (1) The holder of a licence in respect of
prescribed schedule two premises that are
situated in a municipal district listed in
Schedule C must pay to the Authority an
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Environment Protection (Amendment) Act 1998
s. 10
Act No.
additional landfill levy of $1 for each tonne
of waste that is deposited on to land at the
premises during the period commencing on
1 July 1999 and ending on 30 June 2002.
5 (2) The provisions of this Division, other than
section 50S(5), apply to the additional levy
referred to in sub-section (1) as if it were
payable under section 50S(1).
50XE. Payment of levy into Environment
10 Protection Fund
(1) Despite sections 52A and 52B, the Authority
must ensure that all money received by it or
on its behalf under section 50XD is paid into
the Environment Protection Fund established
15 under section 70.
(2) There may be paid out of the Environment
Protection Fund--
(a) any amount the Authority is required to
pay to a person under this Part as a
20 refund of any levy paid under section
50XD; and
(b) any amount needed to refund any
money paid into the Environment
Protection Fund under sub-section (1)
25 as a result of a miscalculation or other
error.
(3) Money paid into the Environment Protection
Fund under sub-section (1), other than
money referred to in sub-section (2), is to be
30 applied by the Authority in the manner
authorised by the Minister and for such
purposes as are authorised by the Minister
that relate to the collection of and
reprocessing of recyclable materials.".
5
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Environment Protection (Amendment) Act 1998
s. 11
Act No.
11. Industry waste reduction agreements
In section 51A(2) of the Environment Protection
Act 1970--
(a) in paragraph (b), omit "all or any of";
5 (b) in paragraph (b)(i), (ii) and (iii), for "; or"
substitute "; and".
12. New section 51B substituted
For section 51B of the Environment Protection
Act 1970 substitute--
10 "51B. Criteria to be satisfied before Authority
enters into an agreement
The Authority may enter into an industry
waste reduction agreement with any person,
or with any association representing an
15 industry, to whom this Division applies who
has submitted a draft industry waste
reduction agreement that--
(a) deals with all the matters listed in
section 51A(2); and
20 (b) the Authority is satisfied is consistent
with any relevant policy and
regulations; and
(c) is in a form approved by the
Authority.".
25 13. Power to require submission of agreements
For section 51E(1) of the Environment
Protection Act 1970 substitute--
"(1) The Authority may require any person or
industry to whom this Division applies and
30 who is not a party to an industry waste
reduction agreement to submit to the
Authority a draft industry waste reduction
agreement that--
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Environment Protection (Amendment) Act 1998
s. 14
Act No.
(a) deals with all the matters listed in
section 51A(2); and
(b) is consistent with any relevant policy
and regulations; and
5 (c) is in a form approved by the
Authority.".
14. Use of the new levy
(1) In section 52A of the Environment Protection
Act 1970--
10 (a) in sub-section (2), after "Part" insert ", other
than the levy paid under section 50S(2A),";
(b) in sub-section (3)(a), after "Part" insert
"other than refunds of any levy paid under
section 50S(2A)".
15 (2) In section 70 of the Environment Protection Act
1970--
(a) in sub-section (3), after paragraph (aa)
insert--
"(ab) any money collected as a levy under
20 section 50S(2A); and".
(b) in sub-section (6), after "(3)(aa)" insert "or
(3)(ab)".
(3) After section 70(6) of the Environment
Protection Act 1970 insert--
25 "(7) There may be paid out of the Environment
Protection Fund--
(a) any amount the Authority is required to
pay to a person as a refund of any levy
paid under section 50S(2A); and
30 (b) any amount needed to refund any
money paid into the Fund under sub-
7
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Environment Protection (Amendment) Act 1998
s. 15
Act No.
section (3)(ab) as a result of a
miscalculation or other error."
15. Transport permit required
In section 53A of the Environment Protection
5 Act 1970--
(a) in sub-section (1), omit "for each vehicle
used or to be used";
(b) in sub-section (2)--
(i) for "refuse disposal group established
10 under the Local Government Act
1989" substitute "waste management
group established under Part IX";
(ii) omit "for each vehicle used or to be
used".
15 16. New section 53 inserted
After the heading to Part IXA of the
Environment Protection Act 1970 insert--
"53. Exemptions
Without limiting the powers of the Authority
20 under this Act, the Authority may exempt a
person from the requirement to hold a permit
under this Part if the Authority is satisfied
that the person holds a valid authorisation to
transport prescribed waste under the law of
25 another State or Territory.".
17. Sections 53B to 53I substituted
For sections 53B to 53I of the Environment
Protection Act 1970 substitute--
"53B. Obligation of consignor of waste
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Environment Protection (Amendment) Act 1998
s. 17
Act No.
(1) A person must not cause or permit any
prescribed waste or prescribed industrial
waste to be transported on a highway from
any premises or place owned or occupied by
5 that person unless the vehicle used to
transport the waste--
(a) is authorised by a permit to transport
prescribed industrial waste; or
(b) the vehicle is exempted by the
10 regulations from the requirement to be
authorised by a permit to transport that
waste.
Penalty: 200 penalty units.
(2) It is a defence to a charge brought under sub-
15 section (1) if the person charged establishes
that the person used all due diligence to
prevent the contravention.
53C. Obligation to record and notify
A person who does all or any of the
20 following--
(a) causes or permits prescribed industrial
waste to be transported from any
premises or place occupied by that
person; or
25 (b) transports on a highway any prescribed
industrial waste; or
(c) receives prescribed industrial waste at
any premises or place--
must comply with any of the regulations
30 applying to that person which require the
identification of the waste, the making and
keeping of records about the waste or the
movement of the waste, the notification and
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Environment Protection (Amendment) Act 1998
s. 17
Act No.
reporting of information about the waste and
the movement of the waste.
Penalty: 200 penalty units.
53D. Obligation of producers of waste
5 A producer of prescribed industrial waste
must take reasonable steps to ensure that
prescribed industrial waste that is transported
from any premises or place occupied by that
producer is consigned to and received by--
10 (a) an occupier of premises licensed by the
Authority under section 20(3A) to
dispose of, treat, store or reprocess that
prescribed industrial waste; or
(b) an occupier of premises exempted by
15 the Authority from being licensed
under section 20(3A).
Penalty: 200 penalty units.
53E. Contravention of permit condition
A permit holder must not contravene a
20 condition of a permit that is imposed by the
Authority and specified in the permit or that
is prescribed by the regulations.
Penalty: 100 penalty units and a daily
penalty of not more than 40
25 penalty units for each day during
which the offence continues after
conviction or after service by the
Authority on the permit holder of
a notice of contravention
30 whichever occurs first.
53F. Issue of transport permits
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Environment Protection (Amendment) Act 1998
s. 17
Act No.
(1) The Authority may, in accordance with the
regulations, issue, renew, transfer, suspend
or cancel a permit to transport prescribed
waste or prescribed industrial waste.
5 (2) A permit may only be applied for, issued,
refused, renewed, transferred, suspended or
cancelled in accordance with the regulations.
(3) The Authority may issue a permit to a person
referred to in section 53A(1) or a public
10 authority or regional waste management
group referred to in section 53A(2) in respect
of each vehicle used or to be used to
transport the waste or in respect of all
vehicles used or to be used by that person or
15 authority to transport the waste.
(4) The Authority may issue a permit subject to
any conditions specified by the Authority or
prescribed by the regulations.
(5) Without limiting any other power of the
20 Authority, the Authority may refuse to issue,
renew or transfer a permit unless the
applicant provides the Authority with a
financial assurance satisfactory to the
Authority in accordance with section 67B.
25 53G. Fees
(1) The Authority may charge the fees
prescribed by the regulations for applications
for the issue, transfer and variation of
permits and for the annual renewal of
30 permits.
(2) An application fee must not exceed 200 fee
units.
(3) An annual fee for a permit must not exceed
200 fee units in respect of each vehicle to
35 which the permit applies.".
11
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Environment Protection (Amendment) Act 1998
s. 18
19
Act No.
18. Regulations
In section 71(1) of the Environment Protection
Act 1970--
(a) in paragraph (la) for "section 53A"
5 substitute "Part IXA";
(b) for paragraph (lc) substitute--
"(lc) prescribing fees not exceeding 200 fee
units for applications for the issue,
transfer and variation of permits under
10 Part IXA and, for the annual renewal of
those permits, fees not exceeding 200
fee units in respect of each vehicle to
which the permit is to apply;";
(c) for paragraph (ld) substitute--
15 "(ld) identification of waste, the making and
keeping of records about waste or the
movement of waste, the notification
and reporting of information about the
waste or the movement of waste;
20 (lda) permits required under section 53A,
including--
(i) applications for the issue of
permits, and the renewal, transfer
and variation of those permits;
25 (ii) the issue of those permits;
(iii) conditions on those permits;
(iv) the transfer and variation of
permits;
(v) the refusal and suspension or
30 cancellation of those permits;
(vi) the renewal of those permits;".
19. Infringements
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Environment Protection (Amendment) Act 1998
Act No.
In Schedule A to the Environment Protection
Act 1970--
(a) for "53" substitute "51E(5), 51F(4)";
(b) for "53B(5), 53I(3)" substitute "53A (other
5 than a continuing offence), 53E (other than a
continuing offence)".
20. Statute law revision
In section 13(1)(cd) of the Environment
Protection Act 1970 for "(cd)" substitute "(cb)".
10
13
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Environment Protection (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Environment Protection (Amendment) Act 1998
Act No.
15
532153B.A1-26/3/99
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