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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 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--SCHEDULED PREMISES 3
3. Amendment of section 4--Definitions 3
4. Sections 13 and 16A consequentially amended 4
5. Section 19A substituted--Scheduled premises 5
19A. Scheduled premises 5
6. Amendment of section 19C--Power of Authority to amend
works approval 8
7. Amendment of section 19D--Application for research,
development and demonstration approval 10
8. Amendment of section 20--Licensing of certain premises 10
9. Amendment of section 20A--Amendment of licence 12
10. Amendment of section 20C--Consideration of policy 12
11. Amendment of section 21--Special conditions 13
12. Amendment of section 23A--Surrender of licence 13
13. Amendment of section 24--Fees in respect of licences and
works approvals 14
14. Amendment of section 24A--Environment protection levy 15
15. Amendment of section 25--Transfer of works approvals or
licences 15
16. Amendment of Part III Division 4 heading 17
17. Amendment of section 26A--Application for accreditation 17
18. Amendment of section 26B--Grant of accreditation 18
19. Sections 26D and 26E substituted 18
26D. Administrative arrangements 18
26E. Review of accreditation 19
20. Amendment of section 27--Offences 19
21. Amendment of section 30--Liability of licence holder 21
22. Consequential amendment of sections 31A and 31C 24
23. New section 31D inserted--Annual performance statement 24
31D. Annual performance statement 24
24. Consequential amendments on insertion of new section 31D 26
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25. Amendment of section 33A--Reviews with respect to
licences 26
26. Amendment of section 33B--Applications for reviews by
third parties 27
27. Amendment of section 50S--Landfill levy--amount payable 30
28. Amendment of section 50SA--Rebate for recycled waste 30
29. Amendment of section 50SB--Payment of the levy 31
30. Amendment of section 50XB--Rights and powers of the
Authority if levy not paid 31
31. Amendment of section 53D--Obligation of producers of
waste 31
32. Amendment of section 71--Regulations 32
PART 3--ENVIRONMENT AND RESOURCE EFFICIENCY
PLANS 33
33. New Division 4A inserted into Part III 33
Division 4A--Environment and Resource Efficiency
Plans 33
26F. Registration of scheduled activity 33
26G. Register of scheduled activities 34
26H. Preparation of Environment and Resource Efficiency
Plan 34
26I. Matters to be included in an Environment and
Resource Efficiency Plan 35
26J. Submission of Environment and Resource Efficiency
Plan for approval 35
26K. Power of Authority to require further information 36
26L. Consideration of approval of Environment and
Resource Efficiency Plan 37
26M. Implementation of Environment and Resource
Efficiency Plan 38
26N. Exemption 38
26O. Reports 40
26P. Operation of Environment and Resource Efficiency
Plan 40
26Q. Transfer of Environment and Resource Efficiency
Plan 41
34. Consequential amendment of section 4--Definitions 41
35. Consequential amendment of section 13--Powers, duties
and functions of the Authority 42
36. Consequential amendment of section 31A--Pollution
abatement notice 43
37. Consequential amendment of section 55--Powers of
authorized officers 43
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38. Consequential amendment of section 63B--Infringement
notices 45
39. Consequential amendment of section 71--Regulations 45
40. Consequential amendment of Schedule A--Infringements 46
PART 4--METROPOLITAN WASTE MANAGEMENT 47
41. New Division 2AB inserted into Part IX 47
Division 2AB--Metropolitan Local Governments' Waste
Forum 47
49T. Metropolitan Local Governments' Waste Forum 47
42. New Divisions 2AC and 2AD inserted into Part IX 48
Division 2AC--Metropolitan Waste Management Group 48
50. The Metropolitan Waste Management Group 48
50A. Metropolitan Waste Management Group does not
represent the Crown 49
50AB. Metropolitan Waste Management Group is a public
body and a public entity 49
50AC. Objectives 49
50AD. Functions 50
50AE. Powers 51
50AF. Board of directors 51
50AG. The directors 52
50AH. Conditions of appointment of directors 53
50AI. Meetings 54
50AJ. Disclosure of interests of directors 55
50AK. Validity of decisions 56
50AL. Power of delegation 57
50AM. Chief Executive Officer 57
50AN. Staff 58
50AO. Minister may give directions to the Metropolitan
Waste Management Group 58
50AP. Procurement directions and guidelines 59
50AQ. Annual business plan 59
50AR. Application of Local Government Act 1989 60
50AS. Dissolution of metropolitan regional waste
management groups 61
Division 2AD--Metropolitan Waste and Resource
Recovery Strategic Plan 62
50B. The Metropolitan Waste and Resource Recovery
Strategic Plan 62
50BA. Part 1--The Metropolitan Plan 63
50BB. Part 2--The Municipal Solid Waste Infrastructure
Schedule 65
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50BC. Part 3--The Metropolitan Landfill Schedule 68
50BD. When is the Metropolitan Waste and Resource
Recovery Strategic Plan in force? 70
50BE. Amendment of the Metropolitan Waste and Resource
Recovery Strategic Plan 70
50BF. Transitional provision 72
50BG. Review of Metropolitan Waste and Resource
Recovery Strategic Plan 72
50BH. Consistency with the Metropolitan Waste and
Resource Recovery Strategic Plan and regional
waste management plans 73
50BI. Authority may refuse applications for certain facilities
if Metropolitan Waste and Resource Recovery
Strategic Plan not observed 74
43. Consequential amendment of section 4--Definitions 75
44. New section 50D inserted--Application of Division 76
50D. Application of Division 76
PART 5--REGULATION OF THE PROVISION OF PLASTIC
BAGS 77
45. Amendment of section 71--Regulations 77
46. Consequential amendment of section 4--Definitions 78
47. Consequential amendment of section 31A--Pollution
abatement notice 78
PART 6--GENERAL AMENDMENTS 80
48. Amendment of section 27A--Offences relating to industrial
waste 80
49. Amendment of sections 31A and 31B 80
50. Amendment of section 32--Jurisdiction of Tribunal 81
51. Amendment of section 45J--Notice to accompany charges
using section 45G 81
52. Amendment of section 45ZK--Reports of offences 81
53. Amendment of section 49AE--Procedure to be followed
before recommendation made 82
54. Amendment of section 50S and consequential amendments 82
55. Amendment of section 55--Powers of authorized officers 83
56. Amendment of section 57A--Reports and certificates 84
57. Amendment of section 59AC--Appearance in proceedings
for an offence 84
58. New section 59AD inserted--Summary jurisdiction in
indictable offences 84
59AD. Summary jurisdiction in indictable offences 84
59. Amendment of section 60C--Payment of notice fee 85
60. Amendment of section 62A--Notice to take clean up and
on-going management measures 86
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61. Section 63A repealed--Time within which proceedings for
certain offences may be brought 87
62. Amendment of section 66B--Offences by corporations and
partnerships 87
63. New sections 67D to 67G inserted 88
67D. Enforceable undertakings 88
67E. Enforcement of undertakings 89
67F. Guidelines 91
67G. Register of undertakings 91
64. Amendment of section 71--Regulations 92
65. Amendment of section 72--Provision for matter by reference 92
ENDNOTES 93
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PARLIAMENT OF VICTORIA
A BILL
to amend the Environment Protection Act 1970 to make further
provision for the protection of the environment and for other purposes.
Environment Protection (Amendment)
Act 2006
The Parliament of Victoria enacts as follows:
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
5
premises to improve the effectiveness and
efficiency of the licensing system;
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Act No.
Part 1--Preliminary
s. 2
(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
5
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;
10
(e) reform the prescribed industrial waste
landfill levy;
(f) provide for enforceable undertakings;
(g) improve the operation of the Act.
2. Commencement
15
(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
20
or days to be proclaimed.
(4) If a provision of Part 4 or section 54 does not
come into operation before 31 December 2007, it
comes into operation on that day.
__________________
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Environment Protection (Amendment) Act 2006
Act No.
Part 2--Scheduled Premises
s. 3
PART 2--SCHEDULED PREMISES
3. Amendment of section 4--Definitions
See:
In section 4(1) of the Environment Protection Act No.
Act 1970-- 8056.
Reprint No. 15
(a) for the definition of "accredited licensee"
5 as at
12 December
substitute-- 2005
and
' "accreditation" means accreditation amending
granted under section 26B;'; Act Nos
62/2005,
(b) insert the following definition-- 99/2005 and
32/2006.
LawToday:
' "scheduled premises" means any
10 www.dms.
premises-- dpc.vic.
gov.au
(a) prescribed by regulation; or
(b) which is of a class prescribed by
regulation as premises at or from
which--
15
(i) waste is, or is likely to be,
discharged, emitted or
deposited to the
environment; or
(ii) noise is, or is likely to be,
20
emitted; or
(iii) waste is, or substances which
are a danger or potential
danger to the quality of the
environment or any segment
25
of the environment are,
reprocessed, treated, stored,
contained, disposed of or
handled; or
3
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Part 2--Scheduled Premises
s. 4
(iv) any activity is conducted
which creates a state of
potential danger to the
quality of the environment or
any segment of the
5
environment;';
(c) the definitions of "schedule one premises",
"schedule two premises", "schedule three
premises", "schedule four premises",
"schedule five premises" and "schedule six
10
premises" are repealed.
4. Sections 13 and 16A consequentially amended
(1) In section 13(1) of the Environment Protection
Act 1970--
(a) in paragraph (d)--
15
(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";
20
(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"
25
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
30
and".
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5. Section 19A substituted--Scheduled premises
For section 19A of the Environment Protection
Act 1970 substitute--
"19A. Scheduled premises
(1) The occupier of a scheduled premises must
5
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--
10
(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
15
danger or potential danger to the quality
of the environment or any segment of
the environment which are,
reprocessed, treated, stored, contained,
disposed of or handled, at the premises;
20
or
(c) a change in any method or equipment
used at the premises for the
reprocessing, treatment, storage,
containment, disposal or handling of
25
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
30
noise; or
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(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
5
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
10
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
15
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
20
maintenance.
(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
25
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
30
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
35
deposit of waste which by reason of volume,
location, constituency or manner--
6
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(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
5
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
10
exemption will not result in the reprocessing,
treatment, storage, containment, disposal or
handling of--
(a) prescribed industrial waste; or
(b) substances which are a danger or a
15
potential danger to the quality of the
environment or any segment of the
environment--
which by reason of volume, location,
constituency or manner is or are likely to
20
cause an environmental hazard or affect
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
25
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
30
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
35
person other than the applicant.
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(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
5
(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
10
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.
15
(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)
20
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
25
(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,
30
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".
35
8
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s. 6
(2) For section 19C(3) of the Environment
Protection Act 1970 substitute--
"(3) The Authority may only amend a works
approval issued in respect of a scheduled
premises used for the reprocessing,
5
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 under sub-
10
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
15
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--
(a) is or are likely to cause an
20
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
25
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.".
30
9
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s. 7
7. Amendment of section 19D--Application for
research, development and demonstration approval
(1) In section 19D(1) of the Environment Protection
Act 1970, for paragraphs (a) and (b) substitute--
"(a) is a scheduled premises; or
5
(b) would become a scheduled premises if works
were carried out--".
(2) After section 19D(4) of the Environment
Protection Act 1970 insert--
"(5) A research, development and demonstration
10
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
15
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 1970
20
substitute--
"(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
25
(b) the reprocessing, treatment, storage,
containment, disposal or handling of
waste; or
(c) the reprocessing, treatment, storage,
containment, disposal or handling of
30
substances which are a danger or
potential danger to the quality of the
environment or any segment of the
environment; or
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(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.".
5
(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--
10
(a) in paragraph (a) after "suspend the licence"
insert "as it relates to a scheduled premises";
(b) for paragraph (a)(iv) substitute--
"(iv) the licence holder has ceased to--
(A) discharge, emit or deposit any
15
waste to the environment; or
(B) use the premises for the
reprocessing, treatment, storage,
containment, disposal or handling
of waste; or
20
(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
25
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
30
or any segment of the
environment;".
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(4) After section 20(11) of the Environment
Protection Act 1970 insert--
"(11A) If a licence holder holds 2 or more licences
under this section, the Authority may on the
application of the licence holder--
5
(a) amalgamate the licences into one
licence; and
(b) revoke the original licences.".
(5) In section 20(12) of the Environment
Protection Act 1970 for "each" substitute
10
"the amalgamated".
9. Amendment of section 20A--Amendment of licence
(1) In section 20A(1) of the Environment Protection
Act 1970--
(a) for "to the licence." substitute "to the
15
licence; or";
(b) after paragraph (b) insert--
"(c) the addition of a scheduled premises.".
(2) In section 20A(8) of the Environment Protection
Act 1970--
20
(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
25
policy
In section 20C(1) of the Environment Protection
Act 1970, in the definition of "authorisation" after
paragraph (b) insert--
"(ba) an accreditation;".
30
12
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11. Amendment of section 21--Special conditions
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
5
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
10
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"
15
substitute ", contained, disposed of or
handled at".
12. Amendment of section 23A--Surrender of licence
At the end of section 23A of the Environment
Protection Act 1970 insert--
20
"(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
25
subject of the application.
(3) If the Authority accepts an application under
sub-section (2), the licence ceases to apply to
the scheduled premises the subject of the
application.".
30
13
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13. Amendment of section 24--Fees in respect of
licences and works approvals
(1) For sections 24(2) and 24(2A) of the
Environment Protection Act 1970 substitute--
"(2) The licence fee prescribed in respect of each
5
licensed scheduled premises must not exceed
42 000 fee units with respect to each element
of the environment being the atmosphere,
land or waters to which waste is licensed to
be discharged, emitted or deposited.
10
(2A) The licence fee prescribed in respect of a
scheduled premises must not exceed 42 000
fee units with respect to each licensed
scheduled premises used to reprocess, treat,
store, contain, dispose of or handle waste, or
15
substances which are a danger or potential
danger to the quality of the environment or
any segment of the environment.".
(2) For section 24(6) of the Environment Protection
Act 1970 substitute--
20
"(6) If a licence is--
(a) surrendered, or in the case of a licence
amalgamated under section 20(11A),
partly surrendered; or
(b) revoked, or in the case of a licence
25
amalgamated under section 20(11A),
partly revoked, as the result of an
exemption by the regulations--
the person who held the licence is, from
money lawfully available for the purpose, to
30
be refunded a sum of money calculated from
the day the Authority accepted the surrender
or the revocation took effect at the rate of
one-twelfth of the last annual fee paid in
respect of the licence for each remaining
35
whole month of the period in respect of
14
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Act No.
Part 2--Scheduled Premises
s. 14
which the fee was paid but no refund is
payable if the sum calculated in accordance
with this sub-section is less than one-twelfth
of the last annual fee paid.".
14. Amendment of section 24A--Environment
5
protection levy
(1) For section 24A(1) of the Environment
Protection Act 1970 substitute--
"(1) Subject to and in accordance with this
section, there is to be charged, levied and
10
collected by the Authority a levy at the rate
of 3 per cent of the licence fee payable under
section 24 in respect of any scheduled
premises prescribed as a scheduled premises
in respect of which the levy is required to be
15
paid.".
(2) In sections 24A(3) and 24A(4) of the
Environment Protection Act 1970 before
"premises" (wherever occurring) insert
"scheduled".
20
(3) In section 24A(4) of the Environment Protection
Act 1970 after "suspend the licence" insert
"or the application of the licence to the extent that
it applies to those premises".
15. Amendment of section 25--Transfer of works
25
approvals or licences
(1) In section 25(2) of the Environment Protection
Act 1970--
(a) in paragraph (b) for "appropriate." substitute
"appropriate; or";
30
(b) after paragraph (b) insert--
"(c) refuse to transfer and issue a new
licence in respect of a scheduled
premises currently included in a licence
amalgamated under section 20(11A); or
35
15
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(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
5
Authority considers appropriate.".
(2) For sections 25(3) and 25(4) of the Environment
Protection Act 1970 substitute--
"(3) If a person who becomes the occupier of any
premises in respect of which a licence is in
10
force complies with the conditions of the
licence previously in force and within
30 days of becoming the occupier of the
premises applies under sub-section (1) for
the transfer of the licence or applies for the
15
issue of a new licence, the person is not
liable to any penalty under this Act for--
(a) the discharge, emission or deposit of
waste to the environment; or
(b) the reprocessing, treatment, storage,
20
containment, disposal or handling of
waste; or
(c) the reprocessing, treatment, storage,
containment, disposal or handling of
substances which are a danger or a
25
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
30
environment or any segment of the
environment--
without a licence.
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(4) If the Authority refuses to transfer a licence
or issue a new licence to a person to whom
sub-section (3) applies, the person must
within 10 days of receiving notice of that
refusal cease--
5
(a) the discharge, emission or deposit of
waste to the environment; or
(b) the reprocessing, treatment, storage,
containment, disposal or handling of
waste; or
10
(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
15
environment; or
(d) any activity which creates a state of
potential danger to the quality of the
environment or any segment of the
environment.".
20
16. Amendment of Part III Division 4 heading
In the heading to Division 4 of Part III of the
Environment Protection Act 1970 for
"Accredited Licences" substitute
"Accreditation".
25
17. Amendment of section 26A--Application for
accreditation
For section 26A(1) of the Environment
Protection Act 1970 substitute--
"(1) The holder of a licence may apply to the
30
Authority for the accreditation of a licence as
it relates to a particular scheduled premises.".
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18. Amendment of section 26B--Grant of accreditation
(1) In sections 26B(1)(a) and 26B(1)(b) of the
Environment Protection Act 1970 for "occupied
by the licence holder" substitute "which is the
subject of the application".
5
(2) In section 26B(3) of the Environment Protection
Act 1970 for "accredited licensee" substitute
"licence holder".
19. Sections 26D and 26E substituted
For sections 26D and 26E of the Environment
10
Protection Act 1970 substitute--
'26D. Administrative arrangements
(1) A licence holder is entitled to pay a reduced
licence fee calculated in accordance with the
regulations in respect of an accreditation.
15
(2) Notwithstanding anything to the contrary in
this Act, a licence holder may undertake
works at a premises to which an
accreditation relates and which is occupied
by the licence holder without obtaining a
20
works approval or a research, development
and demonstration approval as otherwise
required by this Act unless the works--
(a) are significant works; or
(b) would result in an increase in the type,
25
amount or concentration of waste above
that permitted to be discharged,
emitted, deposited, reprocessed, treated,
stored, contained, disposed of or
handled under the licence or in a breach
30
of any condition to which the licence is
subject.
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(3) For the purposes of sub-section (2),
"significant works" means works which--
(a) would substantially change the nature
of the process being conducted at the
premises to which an accreditation
5
relates; or
(b) would result in a major change in the
type, amount or concentration of
discharges; or
(c) would require a works approval under
10
section 19A(1)(d).
26E. Review of accreditation
(1) The Authority must review an accreditation
within 5 years of the grant of accreditation or
the last review of accreditation.
15
(2) The Authority may at any time review an
accreditation if the Authority is not satisfied
that the licence holder meets the
requirements of section 26B.
(3) The Authority must give the licence holder
20
notice of a review under this section.
(4) The licence holder must satisfy the Authority
that the requirements of section 26B are met.
(5) If the Authority is not satisfied, the Authority
must cancel the accreditation.'.
25
20. Amendment of section 27--Offences
For sections 27(1) and 27(1A) of the
Environment Protection Act 1970 substitute--
"(1) A person who is the occupier of a scheduled
premises at or from which waste is
30
discharged, emitted or deposited to the
environment--
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(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
5
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
10
defendant of notice of contravention of this
section.
(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
15
quality of the environment or any segment of
the environment are, reprocessed, treated,
stored, contained, disposed of or handled--
(a) without a licence where a licence is
required by this Act; or
20
(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
25
more than 1200 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.
30
(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--
35
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(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
5
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
10
defendant of notice of contravention of this
section.".
21. Amendment of section 30--Liability of licence
holder
For sections 30(2) and 30(3) of the Environment
15
Protection Act 1970 substitute--
"(2) A licence holder is not liable to a penalty
under this Act with respect to the
reprocessing, treatment, storage,
containment, disposal or handling of waste if
20
the licence holder proves that the licence
holder--
(a) complied with the conditions to which
the licence is subject with respect to
reprocessing, treatment, storage,
25
containment, disposal and handling;
and
(b) complied with any requirement
contained in a notice served under
section 31A or 31B; and
30
(c) did not discharge or emit odours which
are offensive to the senses of human
beings in a residential area or in a
public open space adjacent to a
residential area.
35
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(2A) A licence holder is not liable to a penalty
under this Act with respect to the
reprocessing, treatment, storage,
containment, disposal or handling of
substances which are a danger or potential
5
danger to the quality of the environment or
any segment of the environment if the
licence holder proves that the licence
holder--
(a) complied with the conditions to which
10
the licence is subject with respect to
reprocessing, treatment, storage,
containment, disposal and handling;
and
(b) complied with any requirement
15
contained in a notice served under
section 31A or 31B; and
(c) did not discharge or emit odours which
are offensive to the senses of human
beings in a residential area or in a
20
public open space adjacent to a
residential area.
(2B) A licence holder is not liable to a penalty
under this Act with respect to an activity
which creates a state of potential danger to
25
the quality of the environment or any
segment of the environment if the licence
holder proves that the licence holder--
(a) complied with the conditions to which
the licence is subject with respect to
30
that activity; and
(b) complied with any requirement
contained in a notice served under
section 31A or 31B; and
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(c) did not discharge or emit odours which
are offensive to the senses of human
beings in a residential area or in a
public open space adjacent to a
residential area.
5
(3) If a licence holder intends to prove any of the
matters in sub-section (1), (2), (2A) or (2B),
the licence holder must within 21 days of the
day on which the information alleging the
offence is served on that person cause to be
10
served on the informant a written statement
specifying--
(a) any details, documents or other
information upon which the licence
holder intends to rely to establish those
15
matters during the relevant period; and
(b) details in respect of the relevant period
of--
(i) the discharge, emission or deposit
of waste to the environment; or
20
(ii) the reprocessing, treatment,
storage, containment, disposal or
handling of waste; or
(iii) the reprocessing, treatment,
storage, containment, disposal or
25
handling of substances which are
a danger or a potential danger to
the quality of the environment or
any segment of the environment;
or
30
(iv) any activity which creates a state
of potential danger to the quality
of the environment or any
segment of the environment; and
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(c) details of documents relating to the
matters specified in paragraphs (a)
and (b).".
22. Consequential amendment of sections 31A and 31C
(1) In section 31A of the Environment Protection
5
Act 1970--
(a) for sub-section (2A)(a) substitute--
"(a) a scheduled premises prescribed as a
scheduled premises requiring a
financial assurance; or";
10
(b) in sub-section (2B) for "is a schedule 3
premises" substitute "emits noise";
(c) in sub-section (2B) for "the premises"
substitute "the noise emitted from that
premises".
15
(2) In section 31C(4) of the Environment Protection
Act 1970 for "schedule one premises, schedule
two premises, schedule three premises, schedule
four premises or schedule five premises"
substitute "scheduled premises".
20
23. New section 31D inserted--Annual performance
statement
After section 31C of the Environment Protection
Act 1970 insert--
"31D. Annual performance statement
25
(1) A licence holder must submit a statement in
the form approved by the Authority to the
Authority.
(2) A statement under this section must be
submitted by the date specified in the licence
30
under which the statement is required.
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(3) A statement under this section must--
(a) include an analysis of performance
against the provisions of the licence for
the previous calendar year;
(b) be accompanied by any other
5
information required under the licence;
(c) be signed by the licence holder or, with
the approval of the Authority, a
delegate of the licence holder.
(4) A licence holder who fails to comply with
10
sub-section (1), (2) or (3) is guilty of an
offence.
Penalty: 600 penalty units.
(5) A licence holder must not in a statement
under this section--
15
(a) give false or misleading information to
the Authority; or
(b) include information in the statement
which is false or misleading; or
(c) conceal any relevant information or
20
document from the Authority.
(6) A licence holder who contravenes sub-
section (5) is guilty of an indictable offence.
Penalty: 2400 penalty units or
imprisonment for 2 years or both.
25
(7) Any information provided to the Authority in
a statement submitted under sub-section (1)
is not admissible in evidence in any
proceedings for an offence against this Act
other than an offence against sub-section (5).
30
(8) A statement submitted to the Authority under
this section is a public document.
25
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(9) This section does not limit the power of the
Authority to impose conditions on a licence
holder requiring other reports or information
in respect of performance or compliance
from the licence holder.".
5
24. Consequential amendments on insertion of new
section 31D
(1) Section 26C of the Environment Protection Act
1970 is repealed.
(2) In Schedule A to the Environment Protection
10
Act 1970, before the item relating to "Any offence
against the regulations" insert--
"Any offence against section 31D(4) 50 penalty units
(in the case of a
body corporate)
12 penalty units
(in any other
case)".
25. Amendment of section 33A--Reviews with respect
to licences
(1) In section 33A(4) of the Environment Protection
15
Act 1970 after "the licence" (where twice
occurring) insert "or part of a licence as it relates
to a particular scheduled premises".
(2) After section 33A(7) of the Environment
Protection Act 1970 insert--
20
"(7A) In the case of a suspension, sub-section (7)
has effect in relation to a licence
amalgamated under section 20(11A) to the
extent of the suspension.".
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26. Amendment of section 33B--Applications for
reviews by third parties
(1) For sections 33B(2), 33B(2A), 33B(2B) and
33B(2C) of the Environment Protection Act
1970 substitute--
5
"(2) An application for review under sub-section
(1)(a) is to be based on either or both of the
following grounds--
(a) that if the works are completed in
accordance with the works approval,
10
the use of the works will result in--
(i) a discharge, emission or deposit of
waste to the environment; or
(ii) the reprocessing, treatment,
storage, containment, disposal or
15
handling of waste; or
(iii) the reprocessing, treatment,
storage, containment, disposal or
handling of substances which are
a danger or a potential danger to
20
the quality of the environment or
any segment of the environment--
which will unreasonably and adversely
affect the interests, whether wholly or
partly of that person;
25
(b) that if the works are completed in
accordance with the works approval,
the use of the works will result in--
(i) a discharge, emission or deposit of
waste to the environment; or
30
(ii) the reprocessing, treatment,
storage, containment, disposal or
handling of waste; or
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(iii) 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
5
any segment of the environment--
in the area which will be inconsistent
with any relevant Order declared under
section 16, 16A or 17A for the area, or
if no relevant Orders have been
10
declared under any of those sections for
that area, would cause pollution or an
environmental hazard.
(2A) An application for review under sub-section
(1)(b), (1)(c) or (1)(d) is to be based on
15
either or both of the following grounds as
may be relevant to the issue of the licence--
(a) that the provisions of the licence will
result in--
(i) a discharge, emission or deposit of
20
waste to the environment; or
(ii) the reprocessing, treatment,
storage, containment, disposal or
handling of waste; or
(iii) the reprocessing, treatment,
25
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--
30
which will unreasonably and adversely
affect the interests, whether wholly or
partly of that person;
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(b) that the provisions of the licence will
result in--
(i) a discharge, emission or deposit of
waste to the environment; or
(ii) the reprocessing, treatment,
5
storage, containment, disposal or
handling of waste; or
(iii) the reprocessing, treatment,
storage, containment, disposal or
handling of substances which are
10
a danger or a potential danger to
the quality of the environment or
any segment of the environment--
in the area which will be inconsistent
with any relevant Order declared under
15
section 16, 16A or 17A for the area, or
if no relevant Orders have been
declared under any of those sections for
that area, would cause pollution or an
environmental hazard.".
20
(2) After sections 33B(4) of the Environment
Protection Act 1970 insert--
"(5) This section as in force before the
commencement of section 26 of the
Environment Protection (Amendment)
25
Act 2006 continues to apply in respect of an
application for a review in respect of a works
approval or licence which is the subject of a
decision specified in sub-section (1) made
before that commencement.
30
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(6) This section as in force after the
commencement of section 26 of the
Environment Protection (Amendment)
Act 2006 applies in respect of an application
for a review in respect of a works approval
5
or licence which is the subject of a decision
specified in sub-section (1) made after that
commencement.".
27. Amendment of section 50S--Landfill levy--amount
payable
10
(1) In section 50S(1) of the Environment Protection
Act 1970 for "schedule two premises" substitute
"scheduled premises prescribed as a scheduled
premises required to pay the landfill levy".
(2) For section 50S(2) of the Environment
15
Protection Act 1970 substitute--
"(2) The holder of a licence in respect of a
scheduled premises which is--
(a) prescribed as a scheduled premises
required to pay the landfill levy; and
20
(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
25
land at the premises.".
28. Amendment of section 50SA--Rebate for recycled
waste
In section 50SA(1) of the Environment
Protection Act 1970 for "schedule two premises"
30
substitute "scheduled premises prescribed as a
scheduled premises required to pay the landfill
levy".
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29. Amendment of section 50SB--Payment of the levy
In section 50SB(1) of the Environment
Protection Act 1970 for "in respect of a schedule
two premises or premises licensed to discharge or
deposit wastes to land" substitute "who is liable
5
to pay a landfill levy under section 50S(1)
or 50S(2)".
30. Amendment of section 50XB--Rights and powers of
the Authority if levy not paid
In section 50XB(1) of the Environment
10
Protection Act 1970 for "in respect of the
premises" substitute "or part of the licence as it
relates to a scheduled premises".
31. Amendment of section 53D--Obligation of
producers of waste
15
For section 53D(1) of the Environment
Protection Act 1970 substitute--
"(1) A producer of prescribed industrial waste
must take reasonable steps to ensure that
prescribed industrial waste that is transported
20
from any premises or place occupied by that
producer is consigned to and received by--
(a) an occupier of scheduled premises
licensed to reprocess, treat, store,
contain, dispose of or handle that
25
prescribed industrial waste; or
(b) an occupier of premises exempted by
the Authority from requiring a licence
to reprocess, treat, store, contain,
dispose of or handle that prescribed
30
industrial waste at the premises.".
31
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32. Amendment of section 71--Regulations
For sections 71(1)(ad) and 71(1)(ada) of the
Environment Protection Act 1970 substitute--
"(ad) prescribing any premises or class of premises
as a scheduled premises;
5
(ada) specifying scheduled premises or a class of
scheduled premises in respect of which the
Authority may require a financial assurance;
(adb) specifying scheduled premises or a class of
scheduled premises in respect of which the
10
landfill levy is payable;
(adc) specifying scheduled premises or a class of
scheduled premises in respect of which the
environment protection levy is payable;
(add) prescribing reduced scales of licence fees
15
payable by licence holders in respect of
accreditation on the anniversary of the issue
of the licence;".
__________________
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PART 3--ENVIRONMENT AND RESOURCE EFFICIENCY
PLANS
33. New Division 4A inserted into Part III
After Division 4 of Part III of the Environment
Protection Act 1970 insert--
5
"Division 4A--Environment and Resource
Efficiency Plans
26F. Registration of scheduled activity
(1) A person who undertakes the scheduled
activity must register with the Authority
10
within the prescribed period in a form
approved by the Authority.
Penalty: 60 penalty units.
(2) A person must notify the Authority within
the prescribed period in a form approved by
15
the Authority if--
(a) the person ceases to undertake the
scheduled activity; or
(b) the activity undertaken by the person
ceases to be a scheduled activity.
20
Penalty: 60 penalty units.
(3) A person must notify the Authority within
the prescribed period in a form approved by
the Authority if the undertaking of the
scheduled activity has been transferred to the
25
person.
Penalty: 60 penalty units.
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26G. Register of scheduled activities
(1) If a person has registered under section 26F,
the Authority must enter the relevant details
in the register of scheduled activities.
(2) If the Authority is notified in accordance
5
with section 26F(2), the Authority must
remove the relevant details from the register
of scheduled activities.
(3) If the Authority is notified in accordance
with section 26F(3), the Authority must
10
change the relevant details in the register of
scheduled activities.
26H. Preparation of Environment and
Resource Efficiency Plan
Unless a whole exemption is in force under
15
section 26N, a person who undertakes the
scheduled activity must prepare an
Environment and Resource Efficiency
Plan--
(a) in a form approved by the Authority;
20
and
(b) in accordance with the prescribed
criteria; and
(c) containing the matters specified in
section 26I; and
25
(d) if a partial exemption is in force under
section 26N, in accordance with the
terms and conditions applying to the
exemption to the extent that they are
relevant to the preparation of the
30
Environment and Resource Efficiency
Plan.
Penalty: 300 penalty units.
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26I. Matters to be included in an Environment
and Resource Efficiency Plan
(1) An Environment and Resource Efficiency
Plan must include--
(a) a description of the relevant
5
environmental resource use and
disposal of waste off-site of the
scheduled activity;
(b) a plan of actions to achieve
environmental resource efficiency gains
10
and waste disposal reductions;
(c) timeframes within which the actions are
to be implemented;
(d) a description of how the
implementation of the Environment and
15
Resource Efficiency Plan is to be
monitored;
(e) the period of time for which the
Environment and Resource Efficiency
Plan is to be in operation;
20
(f) any other matters prescribed for the
purposes of this section.
(2) An Environment and Resource Efficiency
Plan may include any other matters that may
be relevant to enable the Environment and
25
Resource Efficiency Plan to be implemented.
26J. Submission of Environment and Resource
Efficiency Plan for approval
A person who undertakes the scheduled
activity must within the prescribed period
30
submit to the Authority for approval the
Environment and Resource Efficiency Plan
prepared under section 26H together with the
prescribed supporting material to enable the
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Authority to make a determination under
section 26L.
Penalty: 300 penalty units.
26K. Power of Authority to require further
information
5
(1) The Authority may by notice in writing
served on a person who undertakes the
scheduled activity require that person to
provide to the Authority within a reasonable
time specified in the notice any information
10
in the notice which the Authority considers
necessary to enable the Authority to
determine whether to approve the
Environment and Resource Efficiency Plan.
(2) If a person fails to comply with a notice
15
served on the person under sub-section (1)
within 28 days after the period of time
specified in the notice or within any further
period of time as may be agreed between the
Authority and that person, the Authority
20
must refuse to approve the Environment and
Resource Efficiency Plan.
(3) If a notice is served on a person under sub-
section (1), the time within which the
Authority is required to decide whether to
25
approve the Environment and Resource
Efficiency Plan under section 26L is
extended for a period of time equivalent to--
(a) the time specified in the notice for the
provision of the information; and
30
(b) if the person fails to comply with the
notice, the period of 28 days after the
period of time specified in the notice;
and
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(c) if any further period of time is agreed
between the Authority and that person,
that further period.
26L. Consideration of approval of
Environment and Resource Efficiency
5
Plan
(1) The Authority must decide whether to
approve an Environment and Resource
Efficiency Plan within the prescribed period
and advise the person who submitted the
10
Environment and Resource Efficiency Plan
in writing of the decision within 14 days
after making the decision.
(2) The Authority must approve the
Environment and Resource Efficiency Plan if
15
the Authority is satisfied that the
Environment and Resource Efficiency Plan
has been--
(a) prepared in accordance with
section 26H; and
20
(b) submitted in accordance with
section 26J.
(3) If the Authority is not satisfied as to the
matters referred to in sub-section (2), the
Authority must--
25
(a) refuse to approve the Environment and
Resource Efficiency Plan; and
(b) specify the reasons for refusing to
approve the Environment and Resource
Efficiency Plan in the advice under sub-
30
section (1).
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(4) If the Authority refuses to approve the
Environment and Resource Efficiency Plan,
the Authority may by notice in writing
advise the person who submitted the
Environment and Resource Efficiency Plan
5
for approval--
(a) to re-submit the Environment and
Resource Efficiency Plan for approval
within a reasonable period of time as
specified in the notice; and
10
(b) as to the nature of the changes that
should be made to the Environment and
Resource Efficiency Plan.
(5) If the Authority fails to comply with sub-
section (1), the Authority is to be taken to
15
have approved the Environment and
Resource Efficiency Plan.
26M. Implementation of Environment and
Resource Efficiency Plan
If an Environment and Resource Efficiency
20
Plan has been approved under section 26L,
the person who undertakes the scheduled
activity in respect of which the Environment
and Resource Efficiency Plan has been
developed must implement the Environment
25
and Resource Efficiency Plan in accordance
with the timeframes specified in the
Environment and Resource Efficiency Plan.
Penalty: 300 penalty units.
26N. Exemption
30
(1) A person who undertakes the scheduled
activity may apply to the Authority in the
form approved by the Authority for an
exemption wholly or partly from the
requirement to prepare an Environment and
35
Resource Efficiency Plan under section 26H.
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(2) The Authority must within the prescribed
period grant an exemption under this section
if the Authority is satisfied that the criteria
and considerations prescribed for the
purposes of this section apply.
5
(3) The Authority must within the prescribed
period advise the applicant in writing--
(a) as to the decision of the Authority;
(b) if the Authority grants the exemption,
as to the terms and conditions applying
10
to the exemption;
(c) if the Authority refuses to grant the
exemption, of the reasons for refusing
to grant the exemption.
(4) If any of the criteria and considerations
15
prescribed for the purposes of this section
ceases to apply, the Authority--
(a) may by notice in writing to the holder
of the exemption revoke the exemption
granted under this section;
20
(b) must specify in the notice--
(i) the reason for revoking the
exemption; and
(ii) a reasonable period of time within
which the person must comply
25
with this Division.
(5) If an exemption is revoked under sub-
section (4), the person who held the
exemption must comply with this Division
within the period specified in the notice
30
under sub-section (4).
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26O. Reports
A person who undertakes the scheduled
activity must submit to the Authority at the
prescribed times the prescribed reports
containing the prescribed details.
5
Penalty: 300 penalty units.
26P. Operation of Environment and Resource
Efficiency Plan
(1) Subject to this section, if an Environment
and Resource Efficiency Plan has been
10
approved under section 26L, the
Environment and Resource Efficiency Plan
continues in operation for the period of time
specified in the Environment and Resource
Efficiency Plan.
15
(2) Before the expiry of the Environment and
Resource Efficiency Plan, the person who
undertakes the scheduled activity must--
(a) prepare a new Environment and
Resource Efficiency Plan in accordance
20
with section 26H for approval under
section 26L; or
(b) apply for an exemption under
section 26N.
(3) While an Environment and Resource
25
Efficiency Plan is in operation, the person
who undertakes the scheduled activity and
the Authority may agree in accordance with
the prescribed process to--
(a) a new Environment and Resource
30
Efficiency Plan being substituted; or
(b) the Environment and Resource
Efficiency Plan being revoked.
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26Q. Transfer of Environment and Resource
Efficiency Plan
(1) This section applies if while an Environment
and Resource Efficiency Plan is in operation,
the person who undertakes the scheduled
5
activity transfers the undertaking of the
scheduled activity to another person.
(2) The person to whom the undertaking of the
scheduled activity is transferred becomes
responsible by virtue of this section for the
10
implementation of the Environment and
Resource Efficiency Plan as from the day on
which the transfer of the undertaking takes
effect.".
34. Consequential amendment of section 4--Definitions
15
In section 4(1) of the Environment Protection
Act 1970 insert the following definitions--
' "Environment and Resource Efficiency Plan"
means a Plan prepared under section 26H;
"person who undertakes the scheduled
20
activity" means the occupier of the premises
at which a scheduled activity is being
undertaken;
"register of scheduled activities" means the
register kept under section 26G;
25
"scheduled activity" means--
(a) the use at a premises of environmental
resources in excess of the threshold
prescribed for resources of a kind
prescribed for the purposes of this
30
definition; or
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(b) the disposal of waste off-site from a
premises in excess of the threshold
prescribed for wastes of a kind
prescribed for the purposes of this
definition;'.
5
35. Consequential amendment of section 13--Powers,
duties and functions of the Authority
After section 13(1)(cd) of the Environment
Protection Act 1970 insert--
"(ce) to facilitate increased environmental
10
resource use efficiency or decreased disposal
of waste off-site by requiring persons who
undertake certain activities which impact on
the environment or any segment of the
environment as a result of high and
15
potentially inefficient use of environmental
resources (including water and energy) or
disposal of waste off-site to--
(i) make an assessment of opportunities to
improve environmental resource use
20
efficiency and to reduce the disposal of
waste off-site;
(ii) develop and implement an Environment
and Resource Efficiency Plan which
includes financially viable actions to
25
improve environmental resource use
efficiency and reduce the disposal of
waste off-site;
(iii) report on environmental resource use
and the disposal of waste off-site and
30
implementation of Environment and
Resource Efficiency Plans;".
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36. Consequential amendment of section 31A--
Pollution abatement notice
(1) After section 31A(1A) of the Environment
Protection Act 1970 insert--
"(1B) If the Authority is satisfied that there has
5
been or is likely to be a failure to comply
with any requirement of Division 4A of
Part III, the Authority may serve a pollution
abatement notice on a person who
undertakes the scheduled activity specifying
10
the reason for which the pollution abatement
notice is served.".
(2) After section 31A(2)(e)(ii) of the Environment
Protection Act 1970 insert--
"(iia) any requirement imposed by Division 4A of
15
Part III;".
37. Consequential amendment of section 55--Powers of
authorized officers
(1) In section 55(1)(a) of the Environment
Protection Act 1970 after "carried on" insert
20
"or any premises at which a scheduled activity is
being undertaken".
(2) After section 55(3)(a) of the Environment
Protection Act 1970 insert--
"(aa) the person who undertakes the scheduled
25
activity or an activity which an authorized
officer considers is likely to be a scheduled
activity to produce to the authorized officer
any reports, books, plans, maps or
documents relating to that scheduled activity;
30
or
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(ab) the person who is responsible for a process
or activity carried on, or the person who is
responsible for a use of any premises, being
a process, activity or use that is the subject of
any regulation or Order declaring policy to
5
produce to the authorized officer any reports,
books, plans, maps or documents relating to
that process, activity or use; or".
(3) After section 55(3D) of the Environment
Protection Act 1970 insert--
10
"(3DA) An authorized officer may by notice in
writing require any person who appears to
the authorized officer to be, or to have been,
the person who undertakes the scheduled
activity to furnish to the authorized officer
15
orally, or where specified in the notice, in
writing, the name and address of any person
who at a date specified in the notice, was the
person undertaking the scheduled activity
specified in the notice.
20
(3DB) An authorized officer may by notice in
writing require any person who appears to
the authorized officer to be, or to have been,
the person who is--
(a) in relation to a process or activity
25
carried on or proposed to be carried on
which is the subject of any regulation
or an Order declaring policy--
(i) responsible for the process or
activity being carried on or
30
proposed to be carried on; or
(ii) the occupier of the premises at
which the process or activity is
being carried on or proposed to be
carried on; or
35
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(b) in relation to a use, or a proposed use,
of any premises, which is the subject of
any regulation or an Order declaring
policy--
(i) responsible for the use or
5
proposed use; or
(ii) the occupier of the premises at
which the use is being carried on
or proposed to be carried on--
to furnish to the authorized officer orally, or
10
where specified in the notice, in writing, the
name and address of any person who at a
date specified in the notice, was the person
referred to in this sub-section.".
(4) In section 55(3E) of the Environment Protection
15
Act 1970 after "sub-section (3D)" insert ", (3DA)
or (3DB)".
38. Consequential amendment of section 63B--
Infringement notices
In sections 63B(1) and 63B(4) of the
20
Environment Protection Act 1970 for
"the Schedule" substitute "Schedule A".
39. Consequential amendment of section 71--
Regulations
After section 71(1)(ca) of the Environment
25
Protection Act 1970 insert--
'(cb) prescribing kinds of resources, wastes and
thresholds for the purposes of the definition
of "scheduled activity" and prescribing
requirements in respect of the registration
30
and reporting of scheduled activities;
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(cc) regulating the development and
implementation of Environment and
Resource Efficiency Plans and prescribing
any matter required to be prescribed or
necessary to be prescribed to give effect to
5
Division 4A of Part III;'.
40. Consequential amendment of Schedule A--
Infringements
In Schedule A to the Environment Protection
Act 1970, after the item relating to "Any offence
10
against the regulations" insert--
"Any offence against section 26F(1), 10 penalty units
26F(2) or 26F(3) (in the case of a
body corporate)
5 penalty units
(in any other
case)
Any offence against section 26J, 26M or 50 penalty units
26O (in the case of a
body corporate)
12 penalty units
(in any other
case)".
__________________
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PART 4--METROPOLITAN WASTE MANAGEMENT
41. New Division 2AB inserted into Part IX
After Division 2AA of Part IX of the
Environment Protection Act 1970 insert--
"Division 2AB--Metropolitan Local
5
Governments' Waste Forum
49T. Metropolitan Local Governments' Waste
Forum
(1) There is to be a Metropolitan Local
Governments' Waste Forum consisting of the
10
representatives of metropolitan councils.
(2) Each metropolitan council may nominate a
representative to the Metropolitan Local
Governments' Waste Forum.
(3) The functions of the Metropolitan Local
15
Governments' Waste Forum are to--
(a) nominate the 4 persons who are to be
the representatives of the metropolitan
councils for the purposes of section
50AG(2)(a);
20
(b) if there is a vacancy in the office of a
director nominated under section
50AG(2)(a), nominate a person to fill
that vacancy;
(c) advise the Board of directors of the
25
Metropolitan Waste Management
Group on matters and issues affecting
the role of councils in waste
management and resource recovery;
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(d) act as a conduit for consultation
between the Metropolitan Waste
Management Group and the
metropolitan councils.
(4) The Metropolitan Local Governments' Waste
5
Forum must develop procedures for the
purposes of sub-sections (3)(a) and (3)(b)
with the metropolitan councils.".
42. New Divisions 2AC and 2AD inserted into Part IX
After Division 2AB of Part IX of the
10
Environment Protection Act 1970 insert--
"Division 2AC--Metropolitan Waste
Management Group
50. The Metropolitan Waste Management
Group
15
(1) There is established a body corporate called
the Metropolitan Waste Management Group.
(2) The Metropolitan Waste Management
Group--
(a) has perpetual succession;
20
(b) is capable of acquiring, holding and
disposing of property;
(c) may sue and be sued in its corporate
name;
(d) has a common seal;
25
(e) subject to this Act, may do and suffer
all acts and things that a body corporate
may by law do and suffer.
(3) The common seal of the Metropolitan Waste
Management Group can only be used in a
30
way approved by the Metropolitan Waste
Management Group.
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(4) All courts and people acting judicially must
take judicial notice of the common seal of
the Metropolitan Waste Management Group.
50A. Metropolitan Waste Management Group
does not represent the Crown
5
The Metropolitan Waste Management Group
is not, and is not to be taken to represent, the
Crown.
50AB. Metropolitan Waste Management Group
is a public body and a public entity
10
Despite section 50A, the Metropolitan Waste
Management Group is--
(a) a public body to which Part 7 of the
Financial Management Act 1994
applies; and
15
(b) a public entity for the purposes of the
Public Administration Act 2004.
50AC. Objectives
(1) The objectives of the Metropolitan Waste
Management Group are to--
20
(a) plan, coordinate and facilitate
metropolitan councils' procurement of
waste management and resource
recovery services; and
(b) assist metropolitan councils to
25
undertake collective and joint efforts
to--
(i) reduce the generation of waste;
and
(ii) maximise the sustainable recovery
30
of materials from waste for reuse,
recycling and reprocessing and
energy recovery; and
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(iii) minimise the damage to the
environment caused by waste
disposal.
(2) In seeking to achieve its objectives, the
Metropolitan Waste Management Group
5
must collaborate with metropolitan councils,
Sustainability Victoria, the Authority,
industry, business and the community.
50AD. Functions
The functions of the Metropolitan Waste
10
Management Group are to--
(a) facilitate the provision of waste
management services and facilities by
metropolitan councils;
(b) enter into contracts and arrangements to
15
develop and facilitate waste
management services and facilities
contracts for metropolitan councils;
(c) manage contracts and arrangements
between metropolitan councils and the
20
providers of waste management
services and facilities to those
metropolitan councils;
(d) promote, commission and undertake
research into municipal waste
25
management and resource efficiency on
behalf of metropolitan councils;
(e) advise metropolitan councils on best
practices in municipal waste
management and resource efficiency;
30
(f) promote improved waste management
and resource efficiency technologies;
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(g) coordinate and support community
education programs relating to waste
management and avoidance in
metropolitan Melbourne;
(h) assess the need for, and plan for,
5
municipal waste management
infrastructure and landfills in
metropolitan Melbourne;
(i) generally provide support to the
Metropolitan Waste Management
10
Forum to enable it to perform its
functions.
50AE. Powers
(1) Subject to sub-section (2), the Metropolitan
Waste Management Group may do all things
15
that are necessary or convenient to enable it
to carry out its functions and achieve its
objective.
(2) The Metropolitan Waste Management Group
cannot own or operate a waste management
20
facility.
50AF. Board of directors
(1) There is to be a Board of directors of the
Metropolitan Waste Management Group
consisting of 8 directors appointed in
25
accordance with section 50AG.
(2) The Board of directors--
(a) is responsible for the management of
the affairs of the Metropolitan Waste
Management Group; and
30
(b) may exercise all the powers of the
Metropolitan Waste Management
Group.
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50AG. The directors
(1) The directors are to be appointed by the
Governor in Council on the recommendation
of the Minister.
(2) Of the directors--
5
(a) 4 are to be nominated in accordance
with section 49T by the Metropolitan
Local Governments' Waste Forum to
the Minister for recommendation under
sub-section (1); and
10
(b) 4 are to be recommended by the
Minister who--
(i) may only recommend a person
who, in the opinion of the
Minister, has skills, experience or
15
knowledge that will assist the
Metropolitan Waste Management
Group to carry out its functions
and achieve its objectives; and
(ii) must attempt to ensure that
20
collectively the directors of the
Metropolitan Waste Management
Group have skills, experience or
knowledge relating to local
government, financial
25
management, contract
management, risk management,
environmental policy, waste
management and resource
efficiency.
30
(3) A person cannot be nominated or
recommended for appointment as a director
if the person--
(a) is an insolvent under administration
within the meaning of the Corporations
35
Act; or
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(b) has been convicted of an indictable
offence or has been imprisoned for any
offence within the preceding period of
7 years.
(4) The Minister must appoint one of the
5
directors nominated under sub-section (2)(a)
to be the Chairperson of the Board of
directors.
(5) The Board of directors may appoint one of
the directors to be the Deputy Chairperson of
10
the Board of directors.
(6) If the Metropolitan Local Governments'
Waste Forum fails to make any nominations
under section 49T(3)(a) or 49T(3)(b) within
2 months of being requested in writing by
15
the Minister to do so, the Minister may make
any nominations required for the purposes of
those sections.
50AH. Conditions of appointment of directors
(1) A director--
20
(a) holds office for the period specified in
the instrument of appointment, which
must be a period of not more than
4 years;
(b) holds office on the terms and conditions
25
determined by the Governor in Council;
(c) may be re-appointed;
(d) may resign from office by delivering a
signed letter of resignation to the
Governor in Council;
30
(e) may be removed from office at any
time by the Governor in Council.
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(2) The Governor in Council must remove a
director from office if the director--
(a) becomes an insolvent under
administration within the meaning of
the Corporations Act; or
5
(b) is convicted of an indictable offence or
is imprisoned for any offence; or
(c) fails to comply with section 50AJ.
50AI. Meetings
(1) A meeting of the Metropolitan Waste
10
Management Group is to be presided over
by--
(a) the Chairperson; or
(b) in the absence of the Chairperson, the
Deputy Chairperson; or
15
(c) in the absence of both the Chairperson
and Deputy Chairperson, a director
elected by the directors present at the
meeting.
(2) A matter cannot be decided at a meeting
20
unless at least a majority of the directors are
present.
(3) For the purposes of sub-section (2), for the
period of 2 months commencing on the
commencement of section 42 of the
25
Environment Protection (Amendment)
Act 2006, if 3 of the 4 directors
recommended by the Minister under section
50AG(2)(b) are present at a meeting, a
majority of the directors are deemed to be
30
present.
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(4) The decision on a question of the majority of
the directors present and voting on the
question is the decision of the Metropolitan
Waste Management Group.
(5) The person presiding at a meeting has--
5
(a) a deliberative vote; and
(b) in the event of an equality of votes on
any question, a second or casting vote.
(6) The Metropolitan Waste Management Group
may conduct all or any part of a meeting by
10
using telephones, video links or any other
system of telecommunication.
(7) Subject to this Act, the Metropolitan Waste
Management Group may otherwise regulate
its own procedure.
15
50AJ. Disclosure of interests of directors
(1) A director who has a direct or an indirect
pecuniary interest in any matter being
considered, or about to be considered, by the
Metropolitan Waste Management Group
20
must disclose the nature of that interest at a
meeting of the Metropolitan Waste
Management Group as soon as possible after
becoming aware of the relevant facts.
(2) A director who holds an office or possesses
25
property as a result of which, directly or
indirectly, duties or interests may be created
in conflict with his or her duties as a director,
must disclose that fact at a meeting of the
Metropolitan Waste Management Group as
30
soon as possible after becoming aware of the
potential conflict.
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(3) The person presiding at a meeting at which a
disclosure under this section is made must
ensure that the disclosure is recorded in the
minutes of the meeting, and that the minutes
also record full details of who voted on any
5
matter in respect of which the disclosure was
made.
(4) A person who has made a disclosure under
this section must not take any further part in
the discussion of, or vote on, the contract or
10
other matter to which the disclosure relates.
(5) If a director votes on a matter in
contravention of sub-section (4), the vote of
the director must be disallowed.
(6) A director is not to be regarded as having a
15
pecuniary interest--
(a) in a matter relating to the supply of
goods or services to or by the director if
the goods or services are, or are to be,
available to members of the public on
20
the same terms and conditions; or
(b) in a contract or arrangement only
because that contract or arrangement
may benefit a company or other body in
which the director has a beneficial
25
interest that does not exceed 1 percent
of the total nominal value of beneficial
interests in that company or body.
50AK. Validity of decisions
(1) An act or decision of the Metropolitan Waste
30
Management Group is not invalid merely
because of--
(a) a vacancy in the membership of the
Metropolitan Waste Management
Group; or
35
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(b) a defect or irregularity in, or in
connection with, the appointment of a
director.
(2) Anything done by or in relation to a person
purporting to act as a director is not invalid
5
merely because--
(a) the occasion for the appointment had
not arisen; or
(b) there was a defect or irregularity in
relation to the appointment; or
10
(c) the appointment had ceased to have
effect; or
(d) the occasion for the person to act had
not arisen or had ceased.
50AL. Power of delegation
15
The Metropolitan Waste Management Group
may, by an instrument under its common
seal, delegate to the Chairperson, a director,
the Chief Executive Officer or any employee
referred to in section 50AN any function,
20
duty or power of the Metropolitan Waste
Management Group under this Act or the
regulations or under any other Act or
regulations, other than this power of
delegation.
25
50AM. Chief Executive Officer
(1) The Metropolitan Waste Management Group
must, with the approval of the Minister,
appoint a person as Chief Executive Officer
of the Metropolitan Waste Management
30
Group.
(2) The Chief Executive Officer holds office for
the period, not exceeding 5 years, specified
in the instrument of his or her appointment.
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(3) The Chief Executive Officer is responsible to
the Metropolitan Waste Management Group
for the carrying out of the Metropolitan
Waste Management Group's functions.
(4) The Chief Executive Officer must comply
5
with the directions of the Metropolitan
Waste Management Group.
(5) The Chief Executive Officer may, by
instrument, delegate to any employee
referred to in section 50AN, any
10
responsibility, power, authority, duty or
function conferred on the Chief Executive
Officer under this Act or the regulations,
except this power of delegation.
50AN. Staff
15
(1) The Metropolitan Waste Management Group
may employ any employees that are
necessary to enable the Metropolitan Waste
Management Group to perform its functions.
(2) The Metropolitan Waste Management Group
20
is to determine the pay and conditions of
employment of its employees, subject to the
approval of the Minister.
50AO. Minister may give directions to the
Metropolitan Waste Management Group
25
(1) The Minister may issue written directions to
the Metropolitan Waste Management Group.
(2) The Metropolitan Waste Management Group
must comply with a written direction of the
Minister.
30
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50AP. Procurement directions and guidelines
The Metropolitan Waste Management Group
must comply with any procurement
directions or guidelines issued by the
Treasurer in consultation with the Minister in
5
carrying out its functions.
50AQ. Annual business plan
(1) Each year the Metropolitan Waste
Management Group must submit to the
Minister for approval, on or before the date
10
required by the Minister, a draft business
plan--
(a) that sets out--
(i) its objectives and priorities for the
next 3 financial years;
15
(ii) financial projections for that
period;
(iii) its budget for the next financial
year;
(iv) what it intends to do over the next
20
financial year;
(v) any other matters that the Minister
requires in writing; and
(b) that is consistent with--
(i) the Metropolitan Waste and
25
Resource Recovery Strategic Plan;
(ii) any relevant waste management or
resource efficiency policy
approved and published by the
Government of Victoria or on
30
behalf of the Government of
Victoria.
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(2) After amending its draft business plan in any
way required by the Minister, the
Metropolitan Waste Management Group
must submit a final business plan to the
Minister for approval on or before the date
5
required by the Minister.
(3) The Metropolitan Waste Management Group
must not depart significantly from its budget
without first obtaining the approval of the
Minister.
10
(4) The Metropolitan Waste Management Group
must have regard to its current business plan
in carrying out its functions.
(5) The Metropolitan Waste Management Group
must ensure that a copy of its current
15
business plan is--
(a) available for inspection by members of
the public at its principal place of
business whenever that place is open to
the public; and
20
(b) published on the Internet.
50AR. Application of Local Government Act
1989
(1) If a metropolitan council enters into a
contract, arrangement or agreement with the
25
Metropolitan Waste Management Group, the
metropolitan council is exempt from the
requirements of section 186 of the Local
Government Act 1989.
(2) Section 193 of the Local Government Act
30
1989 does not apply in respect of the
participation of a metropolitan council in the
Metropolitan Local Governments' Waste
Forum.
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(3) If a metropolitan council engages in
procurement activities of the Metropolitan
Waste Management Group which comply
with any procurement directions or
guidelines issued under section 50AP, the
5
metropolitan council is exempt from the
requirements of section 193 of the Local
Government Act 1989.
50AS. Dissolution of metropolitan regional waste
management groups
10
On the commencement of section 42 of the
Environment Protection (Amendment)
Act 2006--
(a) the Eastern Regional Waste
Management Group, the Northern
15
Regional Waste Management Group,
the South Eastern Regional Waste
Management Group and the Western
Regional Waste Management Group
are dissolved;
20
(b) the Metropolitan Waste Management
Group is the successor in law to the
Eastern Regional Waste Management
Group, the Northern Regional Waste
Management Group, the South Eastern
25
Regional Waste Management Group
and the Western Regional Waste
Management Group;
(c) a person who, immediately before that
commencement, was an employee of
30
the Eastern Regional Waste
Management Group, the Northern
Regional Waste Management Group,
the South Eastern Regional Waste
Management Group or the Western
35
Regional Waste Management Group is
to be regarded as having been
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employed under section 50AN with
effect from that commencement on the
same terms and conditions as those that
applied to him or her immediately
before that commencement and with
5
accrued entitlements equivalent to the
entitlements that he or she had accrued
immediately before that
commencement;
(d) a reference in any Act (other than this
10
Act), regulation, subordinate instrument
or other document whatsoever to the
the Eastern Regional Waste
Management Group, the Northern
Regional Waste Management Group,
15
the South Eastern Regional Waste
Management Group or the Western
Regional Waste Management Group is
to be construed as a reference to the
Metropolitan Waste Management
20
Group, unless the contrary intention
appears.
Division 2AD--Metropolitan Waste and
Resource Recovery Strategic Plan
50B. The Metropolitan Waste and Resource
25
Recovery Strategic Plan
(1) There is to be a Metropolitan Waste and
Resource Recovery Strategic Plan.
(2) The objective of the Metropolitan Waste and
Resource Recovery Strategic Plan is to--
30
(a) provide a long term vision for the
management and reduction of waste in
metropolitan Melbourne; and
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(b) identify short term and long term waste
infrastructure needs and schedule the
development of landfill sites.
(3) The Metropolitan Waste and Resource
Recovery Strategic Plan is to consist of--
5
(a) Part 1--The Metropolitan Plan;
(b) Part 2--The Municipal Solid Waste
Infrastructure Schedule;
(c) Part 3--The Metropolitan Landfill
Schedule.
10
(4) The Minister must appoint a person or body
to be responsible for ensuring that the
Metropolitan Waste and Resource Recovery
Strategic Plan is prepared.
(5) The Minister must nominate a person or
15
body to develop Part 1--The Metropolitan
Plan.
(6) The Metropolitan Waste Management Group
must develop Part 2--The Municipal Solid
Waste Infrastructure Schedule.
20
(7) The Metropolitan Waste Management Group
must develop Part 3--The Metropolitan
Landfill Schedule.
50BA. Part 1--The Metropolitan Plan
(1) The purpose of Part 1--The Metropolitan
25
Plan is to set the strategic framework for the
management of all solid waste in
metropolitan Melbourne.
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(2) Without limiting the generality of sub-
section (1), Part 1--The Metropolitan Plan
must--
(a) include an analysis of the long term
trends for the generation, management
5
and reduction of municipal solid waste,
construction and demolition waste and
commercial and industrial waste;
(b) identify future waste volumes and
processing needs;
10
(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
15
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
20
services development to ensure that
projected needs for waste management,
resource recovery and resource
efficiency can be met;
(f) specify measures for litter prevention
25
and control within metropolitan
Melbourne.
(3) Part 1--The Metropolitan Plan must not be
inconsistent with the solid industrial waste
management plan.
30
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(4) The person or body nominated under section
50B(5) to prepare Part 1--The Metropolitan
Plan must--
(a) consult with the Metropolitan Waste
Management Group, metropolitan
5
councils, industry and other relevant
stakeholders; and
(b) advertise in a newspaper circulating
generally throughout metropolitan
Melbourne that a draft Metropolitan
10
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
15
draft Metropolitan Plan can be
obtained or examined; and
(iii) a statement inviting anyone with
an interest in the draft
Metropolitan Plan to make
20
comments within 28 days after the
date of publication of the
advertisement; and
(d) consider any comments that are made
in response to the invitation.
25
(5) Consultation under this section may be
conducted jointly with, or separately from,
consultation conducted under sections 50BB
and 50BC.
50BB. Part 2--The Municipal Solid Waste
30
Infrastructure Schedule
(1) The purpose of Part 2--The Municipal Solid
Waste Infrastructure Schedule is to set out a
schedule of existing and required
infrastructure for municipal solid waste.
35
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(2) Without limiting the generality of sub-
section (1), Part 2--The Municipal Solid
Waste Infrastructure Schedule must--
(a) include an assessment of the need,
priorities and general preferred
5
locations for municipal waste
management facilities (other than
landfill) within metropolitan
Melbourne;
(b) contain a detailed description of
10
existing municipal waste and resource
recovery infrastructure within
metropolitan Melbourne;
(c) identify the type, timeframe and general
location of new municipal waste and
15
resource recovery infrastructure within
metropolitan Melbourne.
(3) The Metropolitan Waste Management Group
must--
(a) consult with relevant stakeholders; and
20
(b) advertise in a newspaper circulating
generally throughout metropolitan
Melbourne that a draft Municipal Solid
Waste Infrastructure Schedule has been
prepared; and
25
(c) include in the advertisement--
(i) an outline of the draft Municipal
Solid Waste Infrastructure
Schedule; and
(ii) advice as to where a copy of the
30
draft Municipal Solid Waste
Infrastructure Schedule can be
obtained or examined; and
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(iii) a statement inviting anyone with
an interest in the draft Municipal
Solid Waste Infrastructure
Schedule to make comments
within 28 days after the date of
5
publication of the advertisement;
and
(d) consider any comments that are made
in response to the invitation.
(4) Consultation under this section may be
10
conducted jointly with, or separately from,
consultation conducted under sections 50BA
and 50BC.
(5) After complying with sub-section (3), the
Metropolitan Waste Management Group
15
must provide a copy of the draft Municipal
Solid Waste Infrastructure Schedule to the
Secretary to the Department of Sustainability
and Environment for approval.
(6) The Secretary to the Department of
20
Sustainability and Environment may--
(a) approve the draft Municipal Solid
Waste Infrastructure Schedule; or
(b) approve the draft Municipal Solid
Waste Infrastructure Schedule subject
25
to specified changes being made.
(7) If the draft Municipal Solid Waste
Infrastructure Schedule is approved under
sub-section (6), it forms part of the
Metropolitan Waste and Resource Recovery
30
Strategic Plan.
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50BC. Part 3--The Metropolitan Landfill
Schedule
(1) The purpose of Part 3--The Metropolitan
Landfill Schedule is to set out a schedule
identifying the location and sequence for the
5
filling and operation of landfill sites.
(2) Without limiting the generality of sub-
section (1), Part 3--The Metropolitan
Landfill Schedule must--
(a) specify the proposed sequence for the
10
filling of available landfill sites for at
least the next 10 years;
(b) include a program for replacing and
rehabilitating existing landfill sites;
(c) list the intended or likely date of
15
closure of each landfill site;
(d) identify options for future landfill
capacity.
(3) Part 3--The Metropolitan Landfill Schedule
must not be inconsistent with any relevant--
20
(a) State environment protection policy; or
(b) waste management policy; or
(c) waste management strategy published
by Sustainability Victoria; or
(d) solid industrial waste management
25
plan.
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(4) The Metropolitan Waste Management Group
must--
(a) consult with relevant stakeholders; and
(b) advertise in a newspaper circulating
generally throughout metropolitan
5
Melbourne that a draft Metropolitan
Landfill Schedule has been prepared;
and
(c) must include in the advertisement--
(i) an outline of the draft
10
Metropolitan Landfill Schedule;
and
(ii) advice as to where a copy of the
draft Metropolitan Landfill
Schedule can be obtained or
15
examined; and
(iii) a statement inviting anyone with
an interest in the draft
Metropolitan Landfill Schedule to
make comments within 28 days
20
after the date of publication of the
advertisement; and
(d) must consider any comments that are
made in response to the invitation.
(5) Consultation under this section may be
25
conducted jointly with, or separately from,
consultation conducted under sections 50BA
and 50BB.
(6) After complying with sub-section (4), the
Metropolitan Waste Management Group
30
must provide a copy of the draft
Metropolitan Landfill Schedule to the
Authority for approval.
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(7) The Authority may--
(a) approve the draft Metropolitan Landfill
Schedule; or
(b) approve the draft Metropolitan Landfill
Schedule subject to specified changes
5
being made.
(8) If the draft Metropolitan Landfill Schedule is
approved under sub-section (7), it forms part
of the Metropolitan Waste and Resource
Recovery Strategic Plan.
10
50BD. When is the Metropolitan Waste and
Resource Recovery Strategic Plan in
force?
(1) The Metropolitan Waste and Resource
Recovery Strategic Plan takes effect on the
15
date on which the Minister publishes a notice
in the Government Gazette stating that the
Minister has endorsed the Metropolitan
Waste and Resource Recovery Strategic
Plan.
20
(2) The Metropolitan Waste and Resource
Recovery Strategic Plan continues in force
until the Minister publishes a notice in the
Government Gazette stating that the Minister
has endorsed a new Metropolitan Waste and
25
Resource Recovery Strategic Plan.
50BE. Amendment of the Metropolitan Waste
and Resource Recovery Strategic Plan
(1) The person or body nominated under section
50B(5) to prepare Part 1--The Metropolitan
30
Plan may amend Part 1--The Metropolitan
Plan at any time if the amendment is not of a
substantive matter.
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(2) The Metropolitan Waste Management Group
may amend--
(a) Part 2--The Municipal Solid Waste
Infrastructure Schedule; or
(b) Part 3--The Metropolitan Landfill
5
Schedule--
at any time in accordance with sub-
section (3).
(3) Subject to sub-section (4)--
(a) sections 50BB(3), 50BB(5), 50BB(6)
10
and 50BB(7) apply to an amendment to
Part 2--The Municipal Solid Waste
Infrastructure Schedule;
(b) sections 50BC(4), 50BC(5), 50BC(6),
50BC(7) and 50BC(8) apply to an
15
amendment to Part 3--The
Metropolitan Landfill Schedule.
(4) If an amendment to Part 2--The Municipal
Solid Waste Infrastructure Schedule or
Part 3--The Metropolitan Landfill Schedule
20
is of a fundamentally declaratory, machinery
or administrative nature, sub-section (3) does
not apply.
(5) An amendment to--
(a) Part 1--The Metropolitan Plan to
25
which sub-section (1) applies, takes
effect on the date on which the Minister
publishes a notice in the Government
Gazette stating that the Minister has
endorsed the amendment;
30
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(b) Part 2--The Municipal Solid Waste
Infrastructure Schedule takes effect on
the date on which the Secretary to the
Department of Sustainability and
Environment publishes a notice in the
5
Government Gazette stating that the
Secretary to the Department of
Sustainability and Environment has
approved the amendment;
(c) Part 3--The Metropolitan Landfill
10
Schedule takes effect on the date on
which the Authority publishes a notice
in the Government Gazette stating that
the Authority has approved the
amendment.
15
50BF. Transitional provision
The regional waste management plans in
force under Division 2B as at the
commencement of section 42 of the
Environment Protection (Amendment)
20
Act 2006 and applying in metropolitan
Melbourne continue in effect until the first
Metropolitan Waste and Resource Recovery
Strategic Plan takes effect under section
50BD.
25
50BG. Review of Metropolitan Waste and
Resource Recovery Strategic Plan
(1) The Metropolitan Waste and Resource
Recovery Strategic Plan must be reviewed
within 4 years of the date that the current
30
Metropolitan Waste and Resource Recovery
Strategic Plan took effect under section
50BD.
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(2) The Minister may require that the
Metropolitan Waste and Resource Recovery
Strategic Plan or a specified part of the
Metropolitan Waste and Resource Recovery
Strategic Plan must be reviewed within the
5
period specified by the Minister.
(3) Sections 50BA, 50BB and 50BC apply in
respect of a review.
50BH. Consistency with the Metropolitan Waste
and Resource Recovery Strategic Plan and
10
regional waste management plans
(1) A metropolitan council must perform its
waste management functions in a manner
which is consistent with the Metropolitan
Waste and Resource Recovery Strategic
15
Plan.
(2) A metropolitan council that disposes of
waste outside the metropolitan Melbourne
region must dispose of that waste in a
manner which is consistent with the regional
20
waste management plan of the group in
whose waste management region the waste is
being disposed.
(3) A council which is not a metropolitan
council and disposes of waste within the
25
metropolitan Melbourne region must not do
anything that is inconsistent with the
Metropolitan Waste and Resource Recovery
Strategic Plan in relation to that disposal of
waste.
30
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(4) Any person involved in the generation,
management or transport of waste within the
metropolitan Melbourne region must not do
anything that is inconsistent with the
Metropolitan Waste and Resource Recovery
5
Strategic Plan in relation to that waste while
the waste is in that region.
50BI. Authority may refuse applications for
certain facilities if Metropolitan Waste
and Resource Recovery Strategic Plan not
10
observed
(1) The Authority may refuse to consider any
application from a person for works
approval, the issue of a licence or the
amendment of a licence in relation to a
15
landfill in metropolitan Melbourne if the
person is in breach of any relevant
requirement of Part 3--The Metropolitan
Landfill Schedule.
(2) Subject to sub-section (3), the Authority
20
must refuse to issue a works approval for a
new landfill in metropolitan Melbourne if the
landfill is not provided for in the proposed
sequence for the filling of available landfill
sites in Part 3--The Metropolitan Landfill
25
Schedule.
(3) The Authority cannot refuse, on the ground
referred to in sub-section (2), to issue a
works approval to a landfill that is privately
owned and that will only receive wastes that
30
consist of substances that were owned by the
owner of the site before they became wastes.
(4) The Authority must give any person whose
application is refused under this section a
written notice setting out the reason for the
35
refusal.".
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43. Consequential amendment of section 4--Definitions
In section 4(1) of the Environment Protection
Act 1970 insert the following definitions--
' "council" means a Council within the meaning
of section 3(1) of the Local Government
5
Act 1989;
"metropolitan council" means--
(a) Banyule City Council;
(b) Bayside City Council;
(c) Boroondara City Council;
10
(d) Brimbank City Council;
(e) Cardinia Shire Council;
(f) Casey City Council;
(g) Darebin City Council;
(h) Frankston City Council;
15
(i) Glen Eira City Council;
(j) Greater Dandenong City Council;
(k) Hobsons Bay City Council;
(l) Hume City Council;
(m) Kingston City Council;
20
(n) Knox City Council;
(o) Manningham City Council;
(p) Maribyrnong City Council;
(q) Maroondah City Council;
(r) Melbourne City Council;
25
(s) Melton Shire Council;
(t) Monash City Council;
(u) Moonee Valley City Council;
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(v) Moreland City Council;
(w) Nillumbik Shire Council;
(x) Port Phillip City Council;
(y) Stonnington City Council;
(z) Whitehorse City Council;
5
(za) Whittlesea City Council;
(zb) Wyndham City Council;
(zc) Yarra City Council;
(zd) Yarra Ranges Shire Council;
"Metropolitan Local Governments' Waste
10
Forum" means the body established by
section 49T;
"metropolitan Melbourne" means the region
constituted by the municipal districts of the
metropolitan councils;
15
"Metropolitan Waste and Resource Recovery
Strategic Plan" means the Plan required by
section 50B;
"Metropolitan Waste Management Group"
means the body corporate established by
20
section 50;'.
44. New section 50D inserted--Application of Division
Before section 50E of the Environment
Protection Act 1970 insert--
"50D. Application of Division
25
This Division does not apply to, or in respect
of, metropolitan councils.".
__________________
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Act No.
Part 5--Regulation of the Provision of Plastic Bags
s. 45
PART 5--REGULATION OF THE PROVISION OF PLASTIC
BAGS
45. Amendment of section 71--Regulations
After section 71(1)(k) of the Environment
Protection Act 1970 insert--
5
'(ka) prescribing design criteria for the purposes
of the definition of "plastic bag";
(kb) prohibiting, unless an exemption applies, the
provision of a plastic bag by a retailer in the
course of a retail transaction without an
10
amount being charged for the provision of
the plastic bag which is not less than the
prescribed amount;
(kc) providing exemptions for the purposes of
paragraph (kb) where--
15
(i) a plastic bag is provided for a purpose
which is prescribed as an approved
purpose; or
(ii) a retailer has an annual retail sales
turnover that is less than a prescribed
20
amount; or
(iii) a retailer has entered into a plastic bag
management scheme accredited by the
Authority which contains prescribed
requirements with respect to plastic bag
25
reduction standards or targets,
milestones for the reductions and
monitoring and reporting;
(kd) prescribing the manner in which a charge for
the provision of a plastic bag is to be
30
recorded in the retail transaction;
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(ke) prescribing the records to be kept in relation
to plastic bags provided in the course of
retail transactions and the charging of an
amount for the provision of the plastic bags
and providing for information from those
5
records to be provided to the Authority when
requested by the Authority;
(kf) prescribing the process for applying for the
accreditation of a plastic bag management
scheme by the Authority and for the
10
accreditation and on-going administration of
a plastic bag management scheme;
(kg) prescribing criteria to be considered by the
Authority in the accreditation of a plastic bag
management scheme and in the review and
15
revocation of that accreditation;'.
46. Consequential amendment of section 4--Definitions
In section 4(1) of the Environment Protection
Act 1970 insert the following definition--
' "plastic bag" means a carry bag, the body of
20
which comprises polymers in whole or part,
provided by a retailer for the carrying or
transporting of goods, but does not include a
carry bag which complies with prescribed
design criteria;'.
25
47. Consequential amendment of section 31A--
Pollution abatement notice
(1) After section 31A(1)(b)(i) of the Environment
Protection Act 1970 insert--
"(ia) any requirement imposed by a regulation
30
made under section 71(1)(kb), 71(1)(kd) or
71(1)(ke);".
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(2) After section 31A(2)(e)(i) of the Environment
Protection Act 1970 insert--
"(ia) any requirement imposed by a regulation
made under section 71(1)(kb), 71(1)(kd) or
71(1)(ke);".
5
__________________
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Act No.
Part 6--General Amendments
s. 48
PART 6--GENERAL AMENDMENTS
48. Amendment of section 27A--Offences relating to
industrial waste
In section 27A(2) of the Environment Protection
Act 1970--
5
(a) after "dumps" insert ", deposits, discards";
(b) after "dumped" insert ", deposited,
discarded".
49. Amendment of sections 31A and 31B
(1) In section 31A of the Environment Protection
10
Act 1970--
(a) in sub-section (1) for "at any premises or
the" substitute ", or any";
(b) in sub-section (1) after "those premises"
insert "or on the person responsible for the
15
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,";
(c) in sub-section (2) for "occupier of any
premises" substitute "person";
20
(d) in sub-section (2A) for "occupier of any
premises" substitute "person";
(e) in sub-section (5) for "occupier of any
premises" substitute "person";
(f) in sub-section (7) for "An occupier of any
25
premises" substitute "A person".
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Part 6--General Amendments
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(2) In section 31B of the Environment Protection
Act 1970--
(a) in sub-section (1) after "premises" insert
"or on the person responsible for the process
or activity carried on or proposed to be
5
carried on, or on the person responsible for
the use or proposed use of the premises";
(b) in sub-section (2) for "occupier of any
premises" substitute "person";
(c) in sub-section (5) for "occupier of any
10
premises" substitute "person";
(d) in sub-section (6) for "An occupier of any
premises" substitute "A person".
50. Amendment of section 32--Jurisdiction of Tribunal
In section 32(1)(eb) of the Environment
15
Protection Act 1970 for "section 45ZBA"
substitute "section 45ZB".
51. Amendment of section 45J--Notice to accompany
charges using section 45G
In section 45J(1) of the Environment Protection
20
Act 1970 after "section 45G(1)" insert
"or 45G(2)".
52. Amendment of section 45ZK--Reports of offences
In section 45ZK(2) of the Environment
Protection Act 1970 for "sub-section (2)"
25
substitute "sub-section (1)".
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53. Amendment of section 49AE--Procedure to be
followed before recommendation made
After section 49AE(2) of the Environment
Protection Act 1970 insert--
"(2A) Sub-section (1) does not apply in respect of a
5
declaration proposed to be made under
section 49AD if the Minister certifies in
writing that in the opinion of the Minister a
process equivalent to that required by sub-
section (1) has already been undertaken in
10
the development of a national environment
protection measure, a State environment
protection policy or a waste management
policy.".
54. Amendment of section 50S and consequential
15
amendments
(1) In section 50S(2A) of the Environment
Protection Act 1970 after "levy" insert "payable
under sub-section (1)".
(2) After section 50S(2A) of the Environment
20
Protection Act 1970 insert--
"(2AA) The amount of the levy payable under sub-
section (2) is the amount specified in
Schedule E for the relevant category of
prescribed industrial waste.".
25
(3) After section 71(1)(j) of the Environment
Protection Act 1970 insert--
"(ja) prescribing the following types of prescribed
industrial wastes--
(i) category A waste;
30
(ii) category B waste;
(iii) category C waste, including packaged
waste asbestos;
(iv) any other category;".
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(4) In Schedule D of the Environment Protection
Act 1970 the column headed "Premises Licensed
for the Discharge or Deposit to Land of
Prescribed Industrial Waste" is repealed.
(5) After Schedule D of the Environment Protection
5
Act 1970 insert--
"SCHEDULE E
AMOUNT PAYABLE AS PRESCRIBED INDUSTRIAL
WASTE LANDFILL LEVY FOR EACH TONNE
10 DEPOSITED TO LAND (IN DOLLARS)
Category B waste 130
Category C waste not being packaged
waste asbestos 50
Category C waste which is packaged
waste asbestos 30".
55. Amendment of section 55--Powers of authorized
officers
(1) After section 55(2) of the Environment
Protection Act 1970 insert--
"(2A) An authorized officer may--
15
(a) by notice in writing, require a
corporation to which section 62A(1AA)
applies to produce to the authorized
officer any reports, books, plans, maps,
or documents relating to the relevant
20
conduct under section 62A(1); and
(b) take copies of those reports, books,
plans, maps or documents.".
(2) In section 55(3CA) of the Environment
Protection Act 1970 after "police force" insert
25
"or an officer authorised under section 13 of the
Road Safety Act 1986".
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56. Amendment of section 57A--Reports and
certificates
In section 57A(5) of the Environment Protection
Act 1970--
(a) after "A member of the police force" insert
5
"or an officer authorised under section 13 of
the Road Safety Act 1986";
(b) after "the member of the police force" insert
"or the officer".
57. Amendment of section 59AC--Appearance in
10
proceedings for an offence
In section 59AC(d) of the Environment
Protection Act 1970 for "Act; or" substitute
"Act.".
58. New section 59AD inserted--Summary jurisdiction
15
in indictable offences
After section 59AC of the Environment
Protection Act 1970 insert--
"59AD. Summary jurisdiction in indictable
offences
20
(1) Subdivision 3 of Division 2 of Part 4 of the
Magistrates' Court Act 1989 enabling the
hearing of a charge for certain indictable
offences in a summary way has effect with
respect to indictable offences under this Act,
25
subject to this section.
(2) Any consent required by Subdivision 3 of
Division 2 of Part 4 of the Magistrates'
Court Act 1989 to be given by the person
charged may, in the absence of that person,
30
be given on that person's behalf by--
(a) an Australian legal practitioner (within
the meaning of the Legal Profession
Act 2004); or
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(b) the agent of the ship within the
meaning of section 61(3) in respect of
which the offence is alleged to have
occurred.
(3) The court may hear and determine that
5
charge in a summary way if it considers, of
its own motion at any time during or
immediately after the hearing of the evidence
for the prosecution and whether or not the
person charged is present in court or
10
represented in court, that it is fitting for the
charge to be disposed of summarily.
(4) If the person charged is for the time being
out of the jurisdiction, service of any
documents relating to the offence is
15
sufficiently served on that person by being
served on the agent of the ship within the
meaning of section 61(3) in respect of which
the offence is alleged to have occurred.
(5) Despite the provisions of any Act, law or
20
usage to the contrary, a person who has been
directed to be tried for an indictable offence
under this Act may be proceeded against,
tried and convicted of the offence in the
person's absence.".
25
59. Amendment of section 60C--Payment of notice fee
(1) In section 60C(3) of the Environment Protection
Act 1970 for "an appeal to" substitute "a review
by".
(2) In section 60C(4) of the Environment Protection
30
Act 1970 for "an appeal" substitute "a review".
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60. Amendment of section 62A--Notice to take clean up
and on-going management measures
(1) Insert the following heading to section 62A of the
Environment Protection Act 1970--
"Notice to take clean up and on-going
5
management measures".
(2) In sections 62A(1), 62A(1A) and 62A(1B) of the
Environment Protection Act 1970 after "clean
up" (wherever occurring) insert "and on-going
management".
10
(3) After section 62A(1) of the Environment
Protection Act 1970 insert--
"(1AA) Notwithstanding anything to the contrary in
this Act, the Authority may by notice in
writing direct a corporation to take the clean
15
up and on-going management measures as
specified in the notice if--
(a) a person referred to in sub-section
(1)(b) or (1)(c) was a subsidiary, related
entity or associated entity over which
20
the corporation had control at the time
that the conduct referred to in that sub-
section occurred; and
(b) having regard to the nature and extent
of the control by the corporation over
25
the subsidiary, related entity or
associated entity and any other relevant
circumstances, either sub-paragraph (i)
or (ii) applies--
(i) the corporation or one or more of
30
the directors of the corporation
were aware of the conduct of the
subsidiary, related entity or
associated entity; or
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(ii) it is reasonable to expect that a
corporation in the corporation's
circumstances or one or more of
the directors of the corporation
would have been aware of the
5
conduct of the subsidiary, related
entity or associated entity; and
(c) the Authority is not reasonably satisfied
that the corporation or one or more of
the directors of the corporation took all
10
reasonable steps to prevent the conduct
of the subsidiary, related entity or
associated entity.".
(4) In sections 62A(3) and 62A(4) of the
Environment Protection Act 1970 after
15
"sub-section (1)" insert "or (1AA)".
(5) After section 62A(6) of the Environment
Protection Act 1970 insert--
'(7) In this section, "associated entity",
"control", "related entity" and
20
"subsidiary" have the same meanings
respectively as they have in the Corporations
Act.'.
61. Section 63A repealed--Time within which
proceedings for certain offences may be brought
25
Section 63A of the Environment Protection Act
1970 is repealed.
62. Amendment of section 66B--Offences by
corporations and partnerships
Sections 66B(1A)(a) and 66B(4B)(a) of the
30
Environment Protection Act 1970 are repealed.
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63. New sections 67D to 67G inserted
After section 67C of the Environment Protection
Act 1970 insert--
"67D. Enforceable undertakings
(1) This section applies if a person has
5
contravened or allegedly contravened a
provision of any Act or regulation in respect
of which--
(a) the Authority may take proceedings for
an offence against the provision; and
10
(b) the Authority considers that having
regard to the criteria specified in
guidelines made under section 67F, an
undertaking under this section is an
appropriate enforcement mechanism for
15
an offence against the provision.
(2) If this section applies, the Authority may
enter into a written undertaking with a
person referred to in sub-section (1).
(3) A person may with the consent of the
20
Authority withdraw or vary an undertaking.
(4) While an undertaking is in force,
proceedings may not be brought for an
offence constituted by the contravention or
alleged contravention in respect of which the
25
undertaking is given.
(5) If a person withdraws an undertaking before
the undertaking has been fulfilled,
proceedings may be brought for the offence
constituted by the contravention or alleged
30
contravention in respect of which the
undertaking was given.
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(6) If a person complies with the requirements of
an undertaking, no further proceedings may
be brought for an offence constituted by the
contravention or alleged contravention in
respect of which the undertaking was given.
5
67E. Enforcement of undertakings
(1) If the Authority considers that the person
who gave an undertaking under section 67D
has breached any of its terms, the Authority
may apply to the Magistrates' Court for an
10
order under sub-section (2).
(2) If the Magistrates' Court is satisfied that the
person has breached a term of the
undertaking, the Magistrates' Court may
make any of the following orders--
15
(a) an order directing the person to comply
with that term of the undertaking;
(b) an order that the person take any
specified action for the purpose of
complying with the undertaking;
20
(c) any other order that the Magistrates'
Court considers appropriate in the
circumstances.
(3) If a person fails to comply with an order
made under sub-section (2), the Authority
25
may give the person a written notice advising
the person that the Authority 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, satisfy
30
the Authority that the person will carry out
those actions within a period of time
acceptable to the Authority.
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(4) If a person who has been given a notice
under sub-section (3) fails to give the
Authority a satisfactory response within the
14 days, or fails to comply with any
undertaking given to the Authority in
5
response to the notice, 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
that it is still practicable to do; and
10
(b) may publicise the failure of the person
to comply with the order.
(5) Sub-sections (3) and (4) do not prevent
contempt of court proceedings from being
started or continued against a person who has
15
failed to comply with an order made under
sub-section (2).
(6) If a person is found in contempt of court for
failing to comply with an order made under
sub-section (2), the Authority--
20
(a) may do anything that is necessary or
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
25
to comply with the order.
(7) The Authority may recover any reasonable
cost it incurs in taking action under sub-
section (4) or (6) as a debt due and payable
by the person against whom the order was
30
made under sub-section (2).
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67F. Guidelines
(1) The Authority may make guidelines for the
purposes of section 67D.
(2) The Authority must publish guidelines made
under sub-section (1) in the Government
5
Gazette.
(3) The Authority must publish a notice of the
making of guidelines under sub-section (1)
in a newspaper generally circulating
throughout Victoria.
10
(4) Guidelines made under sub-section (1) come
into operation--
(a) on the date the guidelines are published
in the Government Gazette; or
(b) on a later date as may be specified in
15
the guidelines.
(5) The Authority may by a notice amend, vary
or revoke guidelines made under sub-
section (1).
(6) The Authority must publish a notice under
20
sub-section (5) in--
(a) the Government Gazette; and
(b) a newspaper generally circulating
throughout Victoria.
67G. Register of undertakings
25
(1) The Authority must maintain a register of
undertakings given under section 67D.
(2) The Authority must enter details of each
undertaking given under section 67D in the
register of undertakings.
30
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(3) The register of undertakings must include--
(a) the date the undertaking was given; and
(b) a copy of the undertaking.
(4) A person may inspect the register of
undertakings at any reasonable time without
5
charge.".
64. Amendment of section 71--Regulations
After section 71(1)(ba) of the Environment
Protection Act 1970 insert--
"(bb) a national environment protection measure;".
10
65. Amendment of section 72--Provision for matter by
reference
In section 72(1) of the Environment Protection
Act 1970 after "management policy" insert "or of
a national environment protection measure".
15
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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