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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Environment Protection (Resource Efficiency) Act
2002
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY MATTERS 1
1. Purposes 1
2. Commencement 2
PART 2--IMPROVING RESOURCE USE EFFICIENCY AND
REDUCING ECOLOGICAL IMPACT 3
3. Additional Authority function 3
4. Change to heading 3
5. Insertion of Division 1A into Part IX 3
Division 1A--Sustainability Covenants 3
49AA. Sustainability covenants 3
49AB. Meaning of "member of an industry" 4
49AC. Authority may enter into sustainability covenants 4
49AD. Declaration that industry may have a significant
impact on the environment 5
49ADA. Declaration may be disallowed 5
49AE. Procedure to be followed before recommendation made 6
49AF. Authority may require statement of ecological impact 8
49AG. Statement of ecological impact may also be required
if industry fails to create covenant 9
49AH. Requirement to take action to address major
inefficiencies or impacts 10
49AI. How requirements under sections 49AF, 49AG and
49AH are to be made 12
49AJ. Restriction concerning public notice requirements 13
49AK. How statements of ecological impact to be produced 13
49AL. Authority may amend requirement 13
49AM. Offence to fail to comply with Authority requirement 14
49AN. Guidelines for the production of statements 15
49AO. Authority may conduct audits 18
49AP. Listing of covenants and statements to be kept 18
6. Reviews by Tribunal 19
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7. Insertion of section 36BA 19
36BA. Reviews in respect of section 49AF, 49AH or 49AL
requirements 19
8. Failure to comply with Part IX Division 1A requirement to
be an infringement 19
PART 3--WASTE MANAGEMENT AND RESOURCE
RECOVERY 21
Division 1--Definitions and Waste Management Policies 21
9. Definitions 21
10. Insertion of section 16A 22
16A. Waste management policy 22
11. Consequential amendments 23
12. Insertion of section 18E 25
18E. Saving of former industrial waste management
policies 25
Division 2--EcoRecycle Victoria 25
13. Changes to the functions of EcoRecycle Victoria 25
14. Additional ground of dismissal for EcoRecycle Victoria
members 26
15. Annual business plan of EcoRecycle Victoria 27
16. Minor consequential amendment 27
17. Insertion of Division 2AA into Part IX 27
Division 2AA--Solid Industrial Waste Management
Plans 27
49L. Preparation and content of plans 27
49M. Consultation must occur before plan finalised 29
49N. Who must comply with plans 30
49O. Life of plan 31
49P. Amendment of plans 31
49Q. Review of plans 31
49R. Authority may refuse works approval etc. if facility is
inconsistent with plan 31
Division 3--Regional Waste Management Groups 32
18. Clarification of status of section 50F groups 32
19. Clarification of status of section 50G groups 32
20. Functions and powers of regional waste management groups 33
21. Change to who may govern a regional waste management
group 34
22. Membership of a regional waste management group 35
23. Insertion of section 50KA 35
50KA. Staff 35
24. Annual business plan 35
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25. Insertion of section 50LB 36
50LB. Minister may give directions to regional waste
management group 36
26. Substitution of sections 50O and 50P 36
50O. Restriction on commercial activities 36
50P. Divestment of commercial properties 37
27. Preparation and content of regional waste management plans 37
28. Additional people who must comply with regional waste
management plans 38
29. Insertion of section 50RAA 38
50RAA. Consultation must occur before plan finalised 38
30. Changes concerning consequences of not complying with
plans 40
31. Amendment to the Local Government Act 1989 40
Division 4--Landfill Levy 40
32. Landfill levy--amount payable 40
33. Changes concerning the landfill levy on industrial waste 42
34. Repeal of spent provisions 42
35. Abolition of Resource Recovery Fund 42
36. Insertion of sections 70A70D 44
70A. Restrictions concerning the distribution of money
derived from the general landfill levy 44
70B. Priority statement 45
70C. Restrictions concerning section 70A(b) guidelines 46
70D. Advisory panel in relation to section 70A(c) 47
37. Minor and consequential amendments 48
PART 4--LITTER 49
38. Definitions 49
39. Additional reference section 50
40. Insertion of Part VIIA 51
PART VIIA--LITTER AND MATERIAL THAT MAY
BECOME LITTER 51
Division 1--Preliminary Matters 51
45A. Object of Part 51
45B. Definitions 51
45C. Governor in Council may declare body to be a litter
authority 52
45D. Part does not apply to environment protection offences 52
Division 2--Littering Offences 52
45E. Deposit of litter generally 52
45F. Aggravated littering 53
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45G. Owners, drivers etc. of vehicles from which litter
deposited liable for littering 54
45H. Other exceptions to section 45G 55
45I. Form of statutory declaration 56
45J. Notice to accompany charges using section 45G 56
Division 3--Offences Concerning Material That May
Become Litter 57
45K. Meaning of unsolicited document 57
45L. Unsolicited documents must be put in mailboxes etc. 57
45M. Advertising material not to be deposited in certain
mailboxes etc. 58
45N. Leaflets etc. not to be placed on vehicles 59
45O. Bill posting not to occur without consent 59
45P. Advertiser must disclose name of distributor 59
45Q. Distributor must disclose name of depositor 60
45R. Person who commissions document must ensure that
it does not become litter 60
Division 4--Other Offences 61
45S. Offence to ask person to commit offence 61
45T. Offence to deface or set fire to public litter receptacles 61
45U. Offences concerning the loading of vehicles 61
Division 5--Removal of Litter and Disorderly Things 62
45V. Litterer must remove litter if asked 62
45W. Court may order removal of litter 62
45X. Person may be directed to remove litter 63
45Y. Person may be directed to remove disorderly etc.
objects or things 65
45Z. Authority may remove litter or object or thing if
direction not complied with 66
45ZA. Occupier may recover cost of removing litter from
litterer 67
Division 6--Prevention of Litter 67
45ZB. Litter abatement notice 67
45ZC. Period for which notice remains in force 68
45ZD. Form of notice 68
45ZE. Amendment or revocation of notice 68
Division 7--Particular Litter Enforcement Powers 69
45ZF. Powers of entry of litter enforcement officers 69
45ZG. Requirement to give name and address 69
45ZH. Officers must identify themselves 70
45ZI. Litter enforcement officer may require certain people
to give information 71
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45ZJ. Officer may require information to be in writing 72
45ZK. Reports of offences 73
45ZL. Savings provisions 73
41. Reviews by Tribunal 74
42. Insertion of section 36AA 75
36AA. Reviews in respect of section 45Y directions and
litter abatement notices 75
43. Insertion of sections 57B--57D 76
57B. Certificate concerning ownership of vehicle 76
57C. Certificate concerning litter offences 76
57D. Certificate concerning presence of junk mail sign 77
44. Widening of notice requirement 79
45. Who may take proceedings 79
46. Who may issue infringement notices 80
47. Litter penalties to be paid to prosecutors 80
48. Use of penalty money 81
49. Infringement offences 81
50. Repeal of the Litter Act 1987 82
51. Consequential amendments to other Acts 82
PART 5--MISCELLANEOUS AMENDMENTS 83
52. Repeal of minimum penalty 83
53. Witnessing of statements--Magistrates' Court Act 83
ENDNOTES 84
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PARLIAMENT OF VICTORIA
Initiated in Assembly 8 May 2002
As amended by Assembly 6 June 2002
A BILL
to amend the Environment Protection Act 1970, the Local
Government Act 1989 and the Magistrates' Court Act 1989, to
repeal the Litter Act 1987 and for other purposes.
Environment Protection (Resource
Efficiency) Act 2002
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY MATTERS
1. Purposes
The main purposes of this Act are--
(a) to amend the Environment Protection
5 Act 1970--
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PART 1--PRELIMINARY MATTERS
s. 2
(i) to promote the establishment of
voluntary sustainability covenants to
improve the efficiency of resource use
and to reduce impacts on the
5 environment; and
(ii) to improve the operation of the
provisions of that Act dealing with
waste management and resource
recovery; and
10 (b) to repeal the Litter Act 1987 and to re-enact,
with changes, the provisions of that Act in
the Environment Protection Act 1970; and
(c) to make minor amendments to the Local
Government Act 1989 and the Magistrates'
15 Court Act 1989.
2. Commencement
(1) This Part and Parts 2, 4 and 5 and Division 1 of
Part 3 come into operation on the day after the day
on which this Act receives the Royal Assent.
20 (2) Divisions 2 and 3 of Part 3 and sections 32 and 33
come into operation on 1 July 2002.
(3) Subject to sub-section (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
25 (4) If a provision of this Act does not come into
operation before 1 January 2004, it comes into
operation on that day.
__________________
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REDUCING ECOLOGICAL IMPACT
PART 2--IMPROVING RESOURCE USE EFFICIENCY AND
REDUCING ECOLOGICAL IMPACT
3. Additional Authority function
See: After section 13(1)(cc) of the Environment
Act No.
5 Protection Act 1970 insert--
8056.
Reprint No. 13
"(cd) to promote continuing--
as at
1 October
(i) improvements in the efficiency with
2000
and
which resources are used, having regard
amending
to the principles of environment
Act Nos
7/2001,
10 protection, in industrial enterprises and
11/2001 and
processes; and
44/2001.
LawToday:
www.dms. (ii) reductions in the ecological impacts of
dpc.vic.
industrial enterprises and processes;".
gov.au
4. Change to heading
15 For the heading to Part IX of the Environment
Protection Act 1970 substitute--
"PART IX--RESOURCE EFFICIENCY".
5. Insertion of Division 1A into Part IX
After section 49 of the Environment Protection
20 Act 1970 insert--
'Division 1A--Sustainability Covenants
49AA. Sustainability covenants
A sustainability covenant is an agreement
under which a person or body undertakes--
25 (a) to increase the efficiency with which
the person or body uses resources to
produce products or services; and
(b) to reduce the ecological impact of those
products or services and of the
30 processes by which they are produced.
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49AB. Meaning of "member of an industry"
For the purposes of this Division, a person is
a member of an industry if the person is in
control (whether as owner, occupier, lessee,
5 hirer, employer or otherwise) of any process
used to produce, or that may be used to
produce, any of the products or services that
the industry produces.
49AC. Authority may enter into sustainability
10 covenants
The Authority may become a signatory to a
sustainability covenant for an industry if--
(a) in the opinion of the Authority, the
covenant is, or is likely to be, effective
15 in increasing the resource use
efficiency, or reducing the ecological
impact, of the industry; and
(b) the covenant will be readily accessible
to the public and will be published on
20 the Internet; and
(c) the covenant authorises the copying of
all or any part of the covenant by any
person who wishes to do so and also
authorises the use by such a person of
25 any copies made by the person.
(2) If the Authority agrees or undertakes to
provide any benefit to a person or body
because the person or body is a signatory to a
sustainability covenant, the Authority must
30 publish a copy of the agreement or
undertaking on the Internet within 3 days
after entering into the agreement or
undertaking.
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49AD. Declaration that industry may have a
significant impact on the environment
(1) The Governor in Council, on the
recommendation of the Authority, may
5 declare that an industry has the potential to
have a significant impact on the
environment.
(2) A declaration has no effect until it is
published in the Government Gazette.
10 (3) In making a declaration the Governor in
Council may define the industry to which the
declaration applies in any manner that the
Governor in Council considers to be
appropriate.
15 (4) Without limiting sub-section (3), the
Governor in Council may define part of an
industry to be an industry for the purposes of
the declaration.
(5) The Governor in Council, on the
20 recommendation of the Authority, may
amend or revoke a declaration by notice
published in the Government Gazette.
(6) The Authority may not recommend to the
Governor in Council that a declaration under
25 this section be made in respect of a primary
production industry.
(7) For the purposes of sub-section (6), a
primary production industry is an industry
that is solely or substantially engaged in
30 agricultural, horticultural, viticultural,
fishing or similar activities.
49ADA. Declaration may be disallowed
(1) On or before the 6th sitting day after a
declaration made under section 49AD is
35 published in the Government Gazette, the
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Minister must ensure that a copy of the
declaration is laid before each House of the
Parliament.
(2) A failure to comply with sub-section (1) does
5 not affect the operation or effect of the
declaration but the Scrutiny of Acts and
Regulations Committee of the Parliament
may report the failure to each House of the
Parliament.
10 (3) A declaration may be disallowed in whole or
in part by either House of Parliament.
(4) Part 5 of the Subordinate Legislation Act
1994 applies to a declaration as if--
(a) a reference in that Part to a "statutory
15 rule" was a reference to the declaration;
and
(b) a reference in section 23(1)(c) of that
Part to "section 15(1)" was a reference
to sub-section (1).
20 49AE. Procedure to be followed before
recommendation made
(1) Before recommending that the Governor
in Council make or amend a declaration
under section 49AD in respect of an
25 industry, the Authority--
(a) must publish a statement, on the
Authority's Internet site and in a
newspaper circulating generally
throughout Victoria, that it is intending
30 to make the recommendation; and
(b) must outline in that statement--
(i) the reasons for its intention; and
(ii) if a sustainability covenant already
exists for the industry, any
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outcomes achieved under that
covenant; and
(c) must advise where a copy of the full
reasons for its intention can be obtained
5 or examined; and
(d) must include with the statement a
further statement inviting anyone with
an interest in the matter to make
comments to the Authority within
10 21 days after the date of publication of
the statement; and
(e) must consider any comments that are
made in response to the invitation.
(2) Sub-section (1) does not apply to a
15 declaration--
(a) that revokes an existing declaration; or
(b) that amends an existing declaration if
the amendment is of a machinery or
administrative nature.
20 (3) The Authority must publish on its Internet
site--
(a) a summary of the submissions it
receives in response to an invitation
made under sub-section (1); and
25 (b) its response to those submissions.
(4) The Authority must also give a copy of its
response to each person who lodged a
separate submission (or in the case of a
submission made on behalf of a number of
30 people, to a nominated representative of
those people).
(5) The Authority must, on request, provide a
copy of any comment that it receives in
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response to an invitation made under sub-
section (1) to any member of Parliament.
49AF. Authority may require statement of
ecological impact
5 (1) This section applies if--
(a) a declaration is in force under section
49AD in respect of an industry; and
(b) there is a sustainability covenant with
respect to the industry; and
10 (c) the Authority is a signatory to the
covenant; and
(d) a person who is a member of the
industry either--
(i) is not a signatory to the covenant;
15 or
(ii) is a signatory to the covenant, but
has been determined by the
processes set out in the covenant
not to be meeting one or more
20 undertakings made by the person
in entering the covenant.
(2) The Authority may require the person to
produce a statement that assesses, in relation
to any enterprise or process controlled by the
25 person in the industry--
(a) what resources the enterprise or process
is using and in what quantities those
resources are being used; and
(b) how the resource use efficiency of the
30 enterprise or process can be improved;
and
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(c) the actual or potential ecological
impacts of the enterprise or process and
of the products or services produced by
the enterprise or process; and
5 (d) how those impacts can be reduced.
(3) In making such a requirement, the Authority
may also require that the statement, or
specified parts of the statement, be published
publicly in a specified type of publication or
10 forum.
49AG. Statement of ecological impact may also be
required if industry fails to create covenant
(1) This section applies if--
(a) a declaration is in force under section
15 49AD in respect of an industry; and
(b) the Authority, is of the opinion, after
having consulted with the members of
the industry, that an insufficient number
of the members of the industry are
20 prepared to create and enter into an
effective sustainability covenant to
make such a covenant viable.
(2) The Authority may require each member of
the industry to produce a statement that
25 assesses, in relation to each enterprise or
process controlled by the member in the
industry--
(a) what resources the enterprise or process
is using and in what quantities those
30 resources are being used; and
(b) how the resource use efficiency of the
enterprise or process can be improved;
and
(c) the actual or potential ecological
35 impacts of the enterprise or process and
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of the products or services produced by
the enterprise or process; and
(d) how those impacts can be reduced.
(3) In making such a requirement, the Authority
5 may also require that the statement, or
specified parts of the statement, be published
publicly in a specified type of publication or
forum.
(4) In imposing a requirement on a member of
10 an industry under this section, the Authority
must impose the same requirement on each
other member of the industry, unless, in any
particular case, no purpose would be served
in doing so.
15 49AH. Requirement to take action to address
major inefficiencies or impacts
(1) This section applies if a statement produced
in accordance with a requirement made
under section 49AF or 49AG states--
20 (a) that an enterprise or process is a
significant user of resources and that
the resource use efficiency of the
enterprise or process can be improved;
or
25 (b) that an enterprise or process has, or the
products or services produced by an
enterprise or process have, major actual
or potential ecological impacts and that
those impacts can be reduced.
30 (2) The Authority may require the person who
was required to produce the statement, in
relation to the enterprise, process, products
or services--
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(a) to produce a plan of proposed actions to
implement the resource use efficiency
improvements or ecological impact
reductions identified in the statement;
5 and
(b) to specify in the plan the key actions
that are to be undertaken and the
timeframes within which those actions
are to be taken; and
10 (c) to specify in the plan resource
efficiency or ecological impact
reduction targets; and
(d) to specify in the plan a method for
monitoring compliance with the plan
15 (which may include the public
reporting of the results of that
monitoring); and
(e) to implement the plan; and
(f) to take any specified action under the
20 plan that has not been taken.
(3) The Authority may also require the person,
in relation to the enterprise, process,
products or services--
(a) to assess alternative practices and
25 product stewardship approaches to
improve the use efficiency of specified
resources or to reduce any ecological
impacts identified by the Authority; and
(b) to take specified actions to meet
30 specified resource efficiency, or
ecological impact reduction, targets;
and
(c) to publicly report in a specified type of
publication or forum specified
35 information in relation to resource
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efficiency or ecological impact
reduction; and
(d) to undertake specified audits using an
environmental auditor, and to report the
5 results of those audits, in relation to
resource efficiency or ecological impact
reduction.
(4) In the case of a statement produced in
accordance with a requirement made under
10 section 49AF, the Authority may also require
the person to do anything else that the person
would be obliged to do under the
sustainability covenant referred to in section
49AF(1)(a) if the person was a signatory to
15 the covenant and was honouring the
obligations that would, or that could
reasonably be expected to, apply to the
person under the covenant.
49AI. How requirements under sections 49AF,
20 49AG and 49AH are to be made
(1) A requirement under section 49AF, 49AG or
49AH must be made by the Authority by
serving a written notice on the person on
whom the requirement is to be imposed that
25 sets out--
(a) the requirement that the person must
comply with; and
(b) by when the requirement must be
complied with; and
30 (c) in the case of a requirement made under
section 49AF or 49AH, a copy of
section 36BA.
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(2) In specifying by when a requirement must be
complied with, the Authority must not
specify a date that is less than 30 days after
the day on which the notice is served.
5 49AJ. Restriction concerning public notice
requirements
In requiring a person to publicly publish any
information under section 49AF, 49AG or
49AH, the Authority cannot require the
10 person to publish any information that is of a
confidential or commercially sensitive
nature.
49AK. How statements of ecological impact to be
produced
15 A person who is required to produce a
statement under section 49AF or 49AG--
(a) must produce the statement in
accordance with any specified
guidelines made under section 49AN;
20 and
(b) must ensure that the statement is
accompanied by a certificate signed by
an environmental auditor stating that
the statement has been produced in
25 compliance with those guidelines; and
(c) must give a copy of the statement to the
Authority.
49AL. Authority may amend requirement
(1) The Authority may at any time, in relation to
30 any requirement imposed by it under section
49AF, 49AG or 49AH--
(a) revoke or amend the requirement; or
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(b) extend the period within which the
requirement must be complied with; or
(c) waive a time limit imposed in relation
to the requirement and impose a new
5 time limit in relation to that
requirement.
(2) The revocation, amendment, extension or
waiver must be made by the Authority by
serving a written notice on the person on
10 whom the requirement was imposed.
(3) If a requirement imposed under section
49AF, 49AG or 49AH is amended less than
30 days before it is to be complied with, the
Authority must extend the time limit
15 applying to the requirement to ensure that the
person who has to comply with it has at least
30 days within which to comply with it.
(4) In the case of a requirement imposed under
section 49AG, the Authority must not
20 exercise any power conferred on it by this
section in a way that discriminates between
the members of the industry on whom the
requirement was imposed.
(5) Sub-section (4) also applies to requirements
25 imposed under section 49AH if those
requirements arise from a statement
produced in response to a requirement
imposed under section 49AG.
49AM. Offence to fail to comply with Authority
30 requirement
(1) A person on whom a requirement is imposed
by the Authority under section 49AF, 49AG
or 49AH--
(a) must comply with the requirement; and
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(b) must do so within the time specified by
the Authority in the notice imposing the
requirement, or in any notice served
under section 49AL (whichever is the
5 later); and
(c) must comply with section 49AK in
complying with the requirement.
(2) A person who contravenes sub-section (1) is
guilty of an indictable offence and is liable to
10 a penalty not exceeding 2400 penalty units.
(3) A person who contravenes sub-section (1) is
also liable to an additional daily penalty of
1200 penalty units for each day the offence
continues after the person--
15 (a) is convicted of the offence; or
(b) is served with a written notice by the
Authority stating that, in the opinion of
the Authority, the person is
contravening sub-section (1).
20 49AN. Guidelines for the production of statements
(1) The Authority may produce and publish
guidelines concerning--
(a) product stewardship approaches;
(b) how to assess the resource use
25 efficiency or ecological impact of all or
part of an industry or of any enterprise,
process, product or service;
(c) how resource use efficiencies may be
made and how ecological impacts may
30 be reduced;
(d) how a statement of the resource use
efficiency and the ecological impact of
any enterprise, process, product or
service is to be produced.
15
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(2) Without limiting the matters that may be
dealt with in the guidelines, the guidelines
may--
(a) specify measures and methods for
5 determining for the purposes of this
Division whether an enterprise or
process is, or has the potential to
become, a significant resource user;
(b) specify measures and methods for
10 determining whether the resource use
efficiency of an enterprise or process
can be improved;
(c) specify measures and methods for
determining for the purposes of this
15 Division whether an enterprise, process,
product or service has significant actual
or potential ecological impacts;
(d) specify measures and methods for
determining whether the ecological
20 impact of an enterprise, process,
product or service can be reduced.
(3) The guidelines may apply generally, or to a
specified industry, or both generally in some
respects and to particular industries in other
25 respects.
(4) Before publishing a guideline under this
section, the Authority--
(a) must advertise, in a newspaper
circulating generally throughout
30 Victoria, that it has prepared a draft
guideline; and
(b) must include in the advertisement--
(i) an outline of the draft guideline;
and
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(ii) advice as to where a copy of the
draft guideline can be obtained or
examined; and
(iii) a statement inviting anyone with
5 an interest in the matter to make
comments to the Authority within
21 days after the date of
publication of the advertisement;
and
10 (c) must publish on the Authority's Internet
site a copy of the draft guideline and a
copy of the statement required by
paragraph (b)(iii); and
(d) must consider any comments that are
15 made in response to the invitation made
under paragraph (b)(iii) and (c).
(5) Sub-section (4) does not apply to a
guideline--
(a) that revokes an existing guideline; or
20 (b) that amends an existing guideline if the
amendment is of a machinery or
administrative nature.
(6) A guideline has no effect until notice of its
making is published in the Government
25 Gazette.
(7) On or before the 6th sitting day after notice
of the making of a guideline is published in
the Government Gazette, the Minister must
ensure that a copy of the guideline is laid
30 before each House of the Parliament.
(8) A failure to comply with sub-section (7) does
not affect the operation or effect of the
guideline but the Scrutiny of Acts and
Regulations Committee of the Parliament
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may report the failure to each House of the
Parliament.
(9) A guideline may be disallowed in whole or
in part by either House of Parliament.
5 (10) Part 5 of the Subordinate Legislation Act
1994 applies to a guideline as if--
(a) a reference in that Part to a "statutory
rule" was a reference to the guideline;
and
10 (b) a reference in section 23(1)(c) of that
Part to "section 15(1)" was a reference
to sub-section (7).
49AO. Authority may conduct audits
For the purposes of this Division, the
15 Authority may undertake audits--
(a) to provide an assessment of the
ecological impact of an industry or part
of an industry;
(b) to provide an assessment of product
20 stewardship approaches;
(c) to determine where resource use
efficiencies may be gained and where
ecological impacts may be reduced.
49AP. Listing of covenants and statements to be
25 kept
(1) The Authority must establish and maintain a
list of--
(a) the sustainability covenants to which it
is a signatory; and
30 (b) the statements that have been produced
in accordance with a requirement made
under section 49AF or 49AG.
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(2) The Authority must ensure that the list is
published on its Internet site and that it is
updated on a regular basis.'.
6. Reviews by Tribunal
5 (1) In section 32(1) of the Environment Protection
Act 1970--
(a) in paragraph (f), omit "and";
(b) after paragraph (f) insert--
"(fa) requirements made under section 49AF,
10 49AH or 49AL;".
(2) In section 37(i) of the Environment Protection
Act 1970--
(a) in paragraph (i), for "appropriate; or"
substitute "appropriate;"
15 (b) after paragraph (i) insert--
"(ia) in the case of an application under
section 36BA, confirm, revoke or
amend the notice as the Tribunal
considers appropriate;".
20 7. Insertion of section 36BA
After section 36B of the Environment Protection
Act 1970 insert--
"36BA. Reviews in respect of section 49AF, 49AH
or 49AL requirements
25 A person who is served with a notice
imposing a requirement on the person under
section 49AF, 49AH or 49AL may, within
21 days after receiving the notice, apply to
the Tribunal for a review of the decision.".
30 8. Failure to comply with Part IX Division 1A
requirement to be an infringement
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In Schedule A to the Environment Protection
Act 1970, after "42B(13), 48AB(4)," insert
"49AM(1),".
__________________
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PART 3--WASTE MANAGEMENT AND RESOURCE
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Division 1--Definitions and Waste Management Policies
9. Definitions
5 In section 4(1) of the Environment Protection
Act 1970--
(a) omit the definition of "industrial waste
management policy";
(b) in the definition of "policy", for "an
10 industrial" substitute "a";
(c) insert the following definitions--
' "municipal waste" means any waste
arising from municipal or residential
activities, and includes waste collected
15 by, or on behalf of, a municipal council,
but does not include any industrial
waste;
"waste management facility" includes a
landfill, a transfer station, a composting
20 facility, a facility to store or contain
solid waste and a material recovery
facility;
"waste management policy" means a
policy declared by the Governor in
25 Council under section 16A;'.
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10. Insertion of section 16A
After section 16 of the Environment Protection
Act 1970 insert--
"16A. Waste management policy
5 (1) For the purposes of this Act the Governor in
Council may, on the recommendation of the
Authority, by Order published in the
Government Gazette declare the waste
management policy to be observed with
10 respect to any aspect of the management of
waste in Victoria, including with respect
to--
(a) the generation, storage, treatment,
transport and disposal, and generally
15 the handling, of waste;
(b) the procedures to be implemented in the
recycling, recovery, reclamation and re-
use of waste and the use of recycled
substances;
20 (c) the methods by which specified
substances are to be disposed of;
(d) the routes and methods by which waste
is to be transported;
(e) the location of treatment and disposal
25 plants;
(f) the allocation of responsibility for
waste management operations and
disposal; and
(g) the use and disposal of notifiable
30 chemicals.
(2) Any Order made by the Governor in Council
under this section may, by Order of the
Governor in Council published in the
Government Gazette, be revoked or varied.
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(3) Any reference to a State environment
protection policy within the meaning of this
Act in existence in any Act, statutory
instrument, agreement or other document
5 before the date of commencement of
section 10 of the Environment Protection
(Resource Efficiency) Act 2002 is deemed
to continue to include a reference to a waste
management policy after that date, unless a
10 contrary intention appears.".
11. Consequential amendments
In the Environment Protection Act 1970--
(a) in sections 13(1)(ca) and 13(1)(cb), omit
"industrial";
15 (b) section 16(1A) is repealed;
(c) in section 17(1A), for "section 16(1A)"
substitute "section 16A";
(d) in sections 17(1A), 17A(1) and 17A(3), omit
"industrial" (wherever occurring);
20 (e) in section 17A, for "16(1A) or 16(1C)"
(wherever occurring) substitute "16(1C) or
16A(1)";
(f) in section 18(2)--
(i) for "Industrial waste" substitute
25 "Waste";
(ii) in paragraphs (a), (b) and (c), omit
"industrial";
(g) in section 18A(1)--
(i) in paragraphs (b) and (c), after "16(2)"
30 insert "or 16A(2)";
(ii) for "16(1A) or 16(1C)" substitute
"16(1C) or 16A(1)";
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(h) in sections 18A, 18B and 19(1), for "an
industrial" (wherever occurring) substitute
"a";
(i) in section 18A(2)(a), omit "industrial";
5 (j) in section 18B(2), for "An industrial"
substitute "A";
(k) in section 18D(1), after "section 16" insert
"or 16A";
(l) in sections 18D(5) and 18D(6), for "16(1A)
10 or 16(1C)" substitute "16(1C) or 16A(1)";
(m) in section 19AD, in the definition of
"intervention criteria", for "an industrial"
substitute "a";
(n) in sections 19AI(3)(b), 30C(b), 31C(6)(a),
15 33B(2A)(b)(i), 33B(2A)(b)(ii),
33B(2C)(b)(i), 33B(2C)(b)(ii), 50I(e),
50R(4)(b), 53Y(1)(b), 55(1A)(a), 71(1)(ba),
72(1) and 72(2), omit "industrial" (wherever
occurring);
20 (o) for section 27A(1)(a) substitute--
"(a) contravenes any rules or requirements
relating to industrial waste specified in
a waste management policy; or";
(p) for section 37A(c) substitute--
25 "(c) take account of, and give effect to, any
relevant State environment protection
policy or waste management policy;
and";
(q) in sections 38, 40 and 44(a), after "protection
30 policy" insert "or waste management
policy";
(r) in section 49B(2)(k), after "protection
policies" insert "or waste management
policies";
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(s) in sections 50R(3)(i), 50R(3)(j) and
53M(7)(b), after "protection policy" insert
"or waste management policy";
(t) in section 71(1)(c), after "protection policy"
5 insert "or waste management policy".
12. Insertion of section 18E
After section 18D of the Environment
Protection Act 1970 insert--
"18E. Saving of former industrial waste
10 management policies
Any industrial waste management policy in
force immediately before the date of
commencement of section 10 of the
Environment Protection (Resource
15 Efficiency) Act 2002 continues in force after
that date as a waste management policy, until
it is revoked.".
Division 2--EcoRecycle Victoria
13. Changes to the functions of EcoRecycle Victoria
20 (1) For section 49B(1) of the Environment
Protection Act 1970 substitute--
"(1) The functions of EcoRecycle Victoria are--
(a) to protect the environment by
facilitating the achievement of--
25 (i) the waste reduction objectives set
out in Victorian legislation and
government policies; and
(ii) best practices in waste
management; and
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(b) to plan on a State-wide basis, and to
facilitate, the management of solid
industrial waste in accordance with
Victorian legislation and government
5 policies.".
(2) In section 49B of the Environment Protection
Act 1970--
(a) insert the following heading--
"Functions";
10 (b) in sub-section (2), for "its function"
substitute "its functions";
(c) for sub-section (2)(a) substitute--
"(a) developing State-wide plans for solid
industrial waste management and State-
15 wide programs for implementing,
supporting and promoting solid
industrial waste reduction and
recycling;
(aa) contributing to the development of
20 government policies on waste
management;".
(3) In sections 49D(1) and 49J(3) of the
Environment Protection Act 1970, for
"function" substitute "functions".
25 14. Additional ground of dismissal for EcoRecycle
Victoria members
After section 49E(3)(b) of the Environment
Protection Act 1970 insert--
"; or
30 (c) fails to comply with section 49G(1).".
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15. Annual business plan of EcoRecycle Victoria
(1) In section 49J(1) of the Environment Protection
Act 1970, before "business plan" insert "draft".
(2) After section 49J(1) of the Environment
5 Protection Act 1970 insert--
"(1A) After amending its draft business plan in any
way required by the Minister, EcoRecycle
Victoria must submit a final business plan to
the Minister for approval on or before the
10 date required by the Minister.".
16. Minor consequential amendment
In section 49K of the Environment Protection
Act 1970, after "waste management strategy"
insert "or solid industrial waste management
15 plan".
17. Insertion of Division 2AA into Part IX
After section 49K of the Environment
Protection Act 1970 insert--
"Division 2AA--Solid Industrial Waste
20 Management Plans
49L. Preparation and content of plans
(1) EcoRecycle Victoria must prepare and
submit to the Authority a draft solid
industrial waste management plan for
25 Victoria within 12 months after the date of
commencement of section 17 of the
Environment Protection (Resource
Efficiency) Act 2002.
(2) The draft plan must set out the objectives
30 and priorities of EcoRecycle Victoria for the
management of all solid industrial waste
generated or disposed of within Victoria, and
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must provide a clear direction for future solid
industrial waste management in Victoria.
(3) The draft plan must include--
(a) an analysis of--
5 (i) current waste sources and the
major components of solid
industrial waste streams;
(ii) current levels of resource
recovery; and
10 (iii) future trends in waste generation
and resource recovery;
(b) an economic assessment of the possible
waste management options;
(c) a statement of EcoRecycle Victoria's
15 priorities in relation to solid industrial
waste management;
(d) preferred approaches to--
(i) waste minimisation;
(ii) the provision of resource recovery
20 infrastructure;
(iii) waste collection and transport;
(iv) waste disposal;
(e) a waste minimisation and resource
recovery program;
25 (f) a set of principles that can guide
programs for minimising waste
generation and maximising the
establishment of alternatives to landfill;
(g) an analysis of the potential need for
30 additional solid industrial waste
disposal facilities within Victoria over
the next 5 years;
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(h) an outline of how EcoRecycle Victoria
intends to develop programs for
particular types of solid industrial
waste.
5 (4) The draft plan--
(a) must be consistent with Victorian
legislation and government policies;
and
(b) must not conflict with any relevant--
10 (i) State environment protection
policy; or
(ii) waste management policy; and
(c) must take into account any relevant
regional issues identified in regional
15 waste management plans.
(5) If the Authority is not satisfied with a draft
plan submitted to it, EcoRecycle Victoria
must submit a revised draft plan to the
Authority containing the changes specified
20 by the Authority within the time specified by
the Authority.
49M. Consultation must occur before plan
finalised
(1) This section applies if EcoRecycle
25 Victoria--
(a) is required to submit a draft solid
industrial waste management plan to
the Authority under section 49L(1) or
49Q; or
30 (b) proposes to amend the solid industrial
waste management plan under
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section 49P in a way that is not of a
fundamentally declaratory, machinery
or administrative nature.
(2) Before submitting the plan or amendment to
5 the Authority, EcoRecycle Victoria--
(a) must consult with regional waste
management groups in relation to the
draft plan or proposed amendment; and
(b) must advertise in a newspaper
10 circulating generally throughout
Victoria that it has prepared the draft
plan or proposed amendment; and
(c) must include in the advertisement--
(i) an outline of the draft plan or
15 proposed amendment; and
(ii) advice as to where a copy of the
draft plan or proposed amendment
can be obtained or examined; and
(iii) a statement inviting anyone with
20 an interest in the draft plan or
proposed amendment to make
comments to EcoRecycle Victoria
within 28 days after the date of
publication of the advertisement;
25 and
(d) must consider any comments that are
made in response to the invitation.
49N. Who must comply with plans
Any person involved in the generation,
30 management or transport of solid industrial
waste in Victoria must not do anything that
is inconsistent with the solid industrial waste
management plan in relation to that waste
while that waste is in Victoria.
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49O. Life of plan
(1) A solid industrial waste management plan
takes effect when the Authority gives
EcoRecycle Victoria written notice of its
5 approval of the plan.
(2) The solid industrial waste management plan
remains in force until it is replaced by
another solid industrial waste management
plan approved by the Authority.
10 49P. Amendment of plans
(1) EcoRecycle Victoria may amend the solid
industrial waste management plan at any
time.
(2) However, an amendment to the solid
15 industrial waste management plan only takes
effect when the Authority gives EcoRecycle
Victoria written notice of its approval of the
amendment.
49Q. Review of plans
20 (1) EcoRecycle Victoria must submit to the
Authority a revised solid industrial waste
management plan based on a review of its
existing plan within 5 years after the date
that its existing plan was approved by the
25 Authority.
(2) At any time the Authority may require
EcoRecycle Victoria to submit to it a revised
solid industrial waste management plan
within 6 months after the date of the request.
30 49R. Authority may refuse works approval etc. if
facility is inconsistent with plan
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(1) The Authority may refuse to consider any
application for works approval, the issue of a
licence or the amendment of a licence in
relation to a waste management facility if the
5 facility is inconsistent with the solid
industrial waste management plan.
(2) The Authority must give any person or
council whose application is refused under
this section a written notice setting out the
10 reason for the refusal.".
Division 3--Regional Waste Management Groups
18. Clarification of status of section 50F groups
After section 50F(5) of the Environment
Protection Act 1970 insert--
15 "(6) On a group becoming a body corporate under
this section, it becomes a public body to
which Part 7 of the Financial Management
Act 1994 applies.".
19. Clarification of status of section 50G groups
20 For section 50G(3) of the Environment
Protection Act 1970 substitute--
"(3) On a body corporate becoming a regional
waste management group under this section,
it becomes--
25 (a) a public body to which Part 7 of the
Financial Management Act 1994
applies; and
(b) a public authority for the purposes of
the Public Sector Management and
30 Employment Act 1998.".
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20. Functions and powers of regional waste management
groups
(1) For section 50H(1) of the Environment
Protection Act 1970 substitute--
5 "(1) The functions of a regional waste
management group are--
(a) to plan for the management of
municipal waste in its region, working
in partnership with the councils in its
10 region; and
(b) to co-ordinate the activities of its
members in its region to give effect in
its region to State policies, strategies
and programs relating to waste; and
15 (c) to facilitate and foster best practices in
waste management.
(1A) In carrying out its functions a regional waste
management group is--
(a) to plan for municipal waste
20 management in its region including--
(i) preparing and keeping up to date a
regional waste management plan;
(ii) implementing and promoting the
plan;
25 (iii) setting performance targets for
municipal waste reduction
programs;
(iv) developing, implementing,
supporting and promoting
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municipal waste reduction and
recycling programs;
(b) to co-ordinate the waste management
activities of its members including--
5 (i) introducing measures that lead to
conformity of standards for waste
reduction, waste management and
litter prevention and control
between its members;
10 (ii) investigating and advising on
landfill disposal costs and charges
in the region;
(iii) encouraging the training of staff
involved in municipal waste
15 management;
(c) to promote, commission and undertake
research into waste management;
(d) to advise its members on best practices
in municipal waste management;
20 (e) to promote improved waste
management technologies;
(f) to promote and co-ordinate relevant
community education in its region;
(g) to mediate disputes between its
25 members.".
21. Change to who may govern a regional waste
management group
In section 50I(c) of the Environment Protection
Act 1970, for "(or representatives of those
30 councillors)" substitute "and any other people
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with appropriate skills and expertise appointed by
those member councils".
22. Membership of a regional waste management group
After section 50J(2) of the Environment
5 Protection Act 1970 insert--
"(2A) A reference to a council in sub-section (2)
includes a reference to the council of a
municipal district that is outside Victoria.".
23. Insertion of section 50KA
10 After section 50K of the Environment
Protection Act 1970 insert--
"50KA. Staff
(1) A regional waste management group may
employ as many people as it requires to
15 enable it to carry out its functions.
(2) A regional waste management group is to
determine the pay and conditions of
employment of its employees, subject to the
approval of the Minister.".
20 24. Annual business plan
(1) In section 50LA(1) of the Environment
Protection Act 1970--
(a) for "give the Minister" substitute "submit to
the Minister for approval";
25 (b) before "business plan" insert "draft".
(2) After section 50LA(1) of the Environment
Protection Act 1970 insert--
"(1A) After amending its draft business plan in any
way required by the Minister, the regional
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waste management group must submit a final
business plan to the Minister for approval on
or before the date required by the Minister.".
(3) In section 50LA(2) of the Environment
5 Protection Act 1970, after "sub-section (1)"
(wherever occurring) insert "or (1A)".
25. Insertion of section 50LB
After section 50LA of the Environment
Protection Act 1970 insert--
10 "50LB. Minister may give directions to regional
waste management group
(1) The Minister may issue written directions to
a regional waste management group.
(2) A regional waste management group must
15 comply with a written direction issued to it
by the Minister.
(3) Without limiting sub-section (1), the
Minister may direct a regional waste
management group--
20 (a) to make specific changes to its
constitution;
(b) to wind up.".
26. Substitution of sections 50O and 50P
For sections 50O and 50P of the Environment
25 Protection Act 1970 substitute--
"50O. Restriction on commercial activities
(1) Despite anything to the contrary in section
50H(2), a regional waste management group
must not undertake any waste management
30 activity that is being carried out on a
commercial basis by any other person in
Victoria.
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(2) For the purposes of sub-section (1) and
section 50P, the leasing or renting out of any
land owned or controlled by a regional waste
management group does not constitute the
5 undertaking of a waste management activity.
50P. Divestment of commercial properties
(1) A regional waste management group must
ensure that by 30 June 2004 it does not hold
any land or assets for the purposes of
10 carrying out any waste management activity
that is being carried out on a commercial
basis by any other person in Victoria.
(2) If a regional waste management group fails
to comply with sub-section (1), the Minister
15 may direct the Authority to withhold any
payment the Authority is required to make to
the group under this Act until the Minister
notifies the Authority that he or she is
satisfied that the group has complied with
20 sub-section (1).".
27. Preparation and content of regional waste
management plans
(1) In section 50R of the Environment Protection
Act 1970--
25 (a) in sub-section (2)--
(i) after "management of" insert
"municipal";
(ii) after "for future" insert "municipal";
(b) in sub-sections (3)(a), (3)(b) and (3)(c),
30 before "waste" (wherever occurring) insert
"municipal";
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(c) in sub-section (3)(e), for "landfill" substitute
"waste management facility";
(d) for sub-section (3)(f) substitute--
"(f) an evaluation of the suitability of the
5 waste management facility sites listed
in that schedule;".
(2) After section 50R(4)(c) of the Environment
Protection Act 1970 insert--
"; or
10 (d) solid industrial waste management plan.".
28. Additional people who must comply with regional
waste management plans
After section 50RA(3) of the Environment
Protection Act 1970 insert--
15 "(4) Any person involved in the generation,
management or transport of waste within the
waste management region of a regional
waste management group must not do
anything that is inconsistent with the
20 regional waste management plan of that
group in relation to that waste while the
waste is in that region.".
29. Insertion of section 50RAA
After section 50RA of the Environment
25 Protection Act 1970 insert--
"50RAA. Consultation must occur before plan
finalised
(1) This section applies if a regional waste
management group--
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(a) is required to submit a draft regional
waste management plan to the
Authority under section 50R(1) or
50RD; or
5 (b) proposes to amend a regional waste
management plan under section 50RC
in a way that is not of a fundamentally
declaratory, machinery or
administrative nature.
10 (2) Before submitting the draft plan or proposed
amendment to the Authority, the regional
waste management group--
(a) must consult with the councils, and any
other relevant agencies, in its region in
15 relation to the draft plan or proposed
amendment; and
(b) must advertise in a newspaper
circulating generally throughout the
region that it has prepared the draft plan
20 or proposed amendment; and
(c) must include in the advertisement--
(i) an outline of the draft plan or
proposed amendment; and
(ii) advice as to where a copy of the
25 draft plan or proposed amendment
can be obtained or examined; and
(iii) a statement inviting anyone with
an interest in the draft plan or
proposed amendment to make
30 comments to the regional waste
management group within 28 days
after the date of publication of the
advertisement; and
(d) must consider any comments that are
35 made in response to the invitation.".
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31
30. Changes concerning consequences of not complying
with plans
(1) For sections 50RE(3) and 50RE(4) of the
Environment Protection Act 1970 substitute--
5 "(3) 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 waste
management facility if the person is in
10 breach of any relevant requirement of the
relevant regional waste management plan.
(4) The Authority must refuse to issue a works
approval for a new landfill within a waste
management region if the landfill is not
15 provided for in, or is inconsistent with, the
relevant regional waste management plan.".
(2) In section 50RE(5) of the Environment
Protection Act 1970, for "waste management
facility" substitute "landfill".
20 (3) Section 50RE(7) of the Environment Protection
Act 1970 is repealed.
31. Amendment to the Local Government Act 1989
In the Local Government Act 1989, in
Schedule 1, for clause 1(8) substitute--
25 "(8) Management, collection and disposal of
municipal waste;
(9) Resource recovery and recycling;".
Division 4--Landfill Levy
32. Landfill levy--amount payable
30 (1) For sections 50S(1), 50S(2) and 50S(2A) of the
Environment Protection Act 1970 substitute--
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"(1) The holder of a licence in respect of a
schedule two premises must pay to the
Authority a landfill levy for each tonne of
waste that is deposited on to land at the
5 premises.
(2) The holder of a licence in respect of
premises licensed to be used for the
discharge or deposit to land of wastes that
are prescribed industrial waste must pay to
10 the Authority a landfill levy for each tonne
of waste that is deposited on to land at the
premises.
(2A) The amount of the levy is the amount
specified in Schedule D for the relevant
15 premises, period and type of waste.".
(2) After Schedule C of the Environment Protection
Act 1970 insert--
"SCHEDULE D
AMOUNT PAYABLE AS LANDFILL LEVY
Amount payable for each tonne deposited (in dollars)
Non-Schedule C Premises Licensed
Schedule C Premises Premises for the Discharge or
Deposit to Land of
Date when waste Municipal Industrial Municipal Industrial Prescribed
is deposited waste waste waste waste Industrial Waste
on or after 4 5 2 3 10
1 July 2002
and before
1 July 2003
on or after 5 7 3 5 14
1 July 2003
and before
1 July 2004
on or after 6 9 4 7 18
1 July 2004
and before
1 July 2005
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on or after 7 11 5 9 22
1 July 2005
and before
1 July 2006
on or after 8 13 6 11 26
1 July 2006
and before
1 July 2007
on or after 9 15 7 13 30
1 July 2007
".
33. Changes concerning the landfill levy on industrial
waste
(1) In section 50SAA(2) of the Environment
5 Protection Act 1970, for "50S(2A)" substitute
"section 50S(2)".
(2) In section 50SAB(1) of the Environment
Protection Act 1970, for "section 50S" substitute
"section 50S(1)".
10 (3) In section 50SAB(2) of the Environment
Protection Act 1970, for the definition of "LR"
substitute--
"LR is the relevant amount specified in
Schedule D for the deposit of a tonne of
15 municipal waste at that premises in the
relevant period.".
34. Repeal of spent provisions
Sections 50XD and 50XE of the Environment
Protection Act 1970 are repealed.
20 35. Abolition of Resource Recovery Fund
(1) In the Environment Protection Act 1970--
(a) Division 7 of Part IX is repealed;
(b) for section 70(3)(ab) substitute--
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"(ab) any money collected as a levy under
section 50S(2); and
(aba) any other money collected as a levy
under Division 3 of Part IX; and";
5 (c) in section 70(7)(a), for "section 50S(2A)"
substitute "Division 3 of Part IX";
(d) in section 70(7)(b), after "sub-
section (3)(ab)" insert "or (3)(aba)".
(2) For section 70(6) of the Environment Protection
10 Act 1970 substitute--
"(6) Money paid into the Environment Protection
Fund under sub-section (3)(aa) or (3)(ab) is
to be applied by the Authority for the
purposes of environment protection.".
15 (3) After section 70(6A) of the Environment
Protection Act 1970 insert--
"(6B) Money paid into the Environment Protection
Fund under sub-section (3)(aba) may only be
applied in one or more of the following
20 ways--
(a) in accordance with regulations
specifying who the money is to be paid
to, and how the amounts to be paid are
to be calculated;
25 (b) with the consent of both the Minister
and the Treasurer, for the purposes of
fostering environmentally sustainable
uses of resources and best practices in
waste management to advance the
30 social and economic development of
Victoria.
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(6C) Despite sub-section (6B), until the Minister
publishes a notice in the Government
Gazette stating that this sub-section ceases to
apply, all money paid into the Environment
5 Protection Fund under sub-section (3)(aba) is
to be applied as if--
(a) sections 52A(3) and 52B were still in
force; and
(b) a reference in those sections to the
10 Fund was a reference to the
Environment Protection Fund.".
36. Insertion of sections 70A70D
After section 70 of the Environment Protection
Act 1970 insert--
15 "70A. Restrictions concerning the distribution of
money derived from the general landfill
levy
Despite section 70(6B)(b), the Minister and
the Treasurer must not apply any money
20 under that section unless--
(a) there is in existence a statement
produced and published in accordance
with section 70B setting out, in order of
priority, the matters in respect of which
25 they intend to apply money under that
section in the relevant period; and
(b) there are in force guidelines as to how
they will exercise their powers under
that section and those guidelines have
30 been publicly published; and
(c) there exists an advisory panel appointed
by them under section 70D to make
recommendations to them in relation to
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the application of money under that
section.
70B. Priority statement
(1) The statement required by section 70A(a) is
5 produced and published in accordance with
this section if the following steps are taken--
(a) a draft statement is produced; and
(b) notice of the production of the draft
statement is advertised in a newspaper
10 circulating generally throughout
Victoria; and
(c) the advertisement includes--
(i) an outline of the draft statement;
and
15 (ii) advice as to where a copy of the
draft statement can be obtained or
examined; and
(iii) a statement inviting anyone with
an interest in the matter to make
20 comments to the Minister or the
Treasurer within 21 days after the
date of publication of the
advertisement; and
(d) there is published on the Authority's
25 Internet site a copy of the draft
statement and a copy of the statement
required by paragraph (c)(iii); and
(e) the Minister and the Treasurer consider
any comments that are made in
30 response to the invitations made under
paragraphs (c)(iii) and (d) before
signing and publishing the statement;
and
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(f) notice of the signing of the statement is
published in the Government Gazette.
(2) It is not necessary to comply with this
section in the case of a statement--
5 (a) that only revokes an existing statement;
or
(b) that only amends an existing statement
if the amendment is of a machinery or
administrative nature.
10 70C. Restrictions concerning section 70A(b)
guidelines
(1) A guideline made for the purposes of section
70A(b) has no effect until notice of its
making is published in the Government
15 Gazette.
(2) On or before the 6th sitting day after notice
of the making of a guideline is published in
the Government Gazette, the Minister must
ensure that a copy of the guideline is laid
20 before each House of the Parliament.
(3) A failure to comply with sub-section (2) does
not affect the operation or effect of the
guideline but the Scrutiny of Acts and
Regulations Committee of the Parliament
25 may report the failure to each House of the
Parliament.
(4) A guideline may be disallowed in whole or
in part by either House of Parliament.
(5) Part 5 of the Subordinate Legislation Act
30 1994 applies to a guideline as if--
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(a) a reference in that Part to a "statutory
rule" was a reference to the guideline;
and
(b) a reference in section 23(1)(c) of that
5 Part to "section 15(1)" was a reference
to sub-section (2).
70D. Advisory panel in relation to section 70A(c)
(1) For the purposes of section 70A(c), the
Minister and the Treasurer may appoint up to
10 8 people to form the advisory panel at any
one time.
(2) In appointing advisory panel members, the
Minister and the Treasurer must attempt to
ensure that the members of the panel
15 collectively have skills, expertise or
knowledge relating to--
(a) environment protection and
conservation;
(b) issues relating to industry;
20 (c) economics and business management;
(d) local government;
(e) rural and regional affairs.
(3) The Minister and the Treasurer are to
determine the terms of appointment
25 (including the remuneration (if any) and the
allowances (if any)) of the members of the
advisory panel.
(4) The advisory panel must give the Authority a
copy of all the recommendations it makes to
30 the Minister and the Treasurer.
(5) The Authority must include a copy of the
recommendations in its annual report for the
financial year in which the recommendations
were made together with a list of all the
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grants that were made under section
70(6B)(b) in that financial year.
(6) The Authority must also publish a copy of
the recommendations and the list of grants
5 on its Internet site within 3 days after the
annual report is tabled before a House of the
Parliament.".
37. Minor and consequential amendments
In the Environment Protection Act 1970--
10 (a) in sections 50SA(1), 50SB(1) and 50XD(1),
omit "prescribed";
(b) section 71(1)(bb) is repealed.
__________________
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PART 4--LITTER
38. Definitions
(1) In section 4(1) of the Environment Protection
Act 1970, insert the following definitions--
5 ' "deposit", in relation to litter, means the act of
parting with the possession of the litter;
"litter" includes any solid or liquid domestic or
commercial waste, refuse, debris or rubbish
and, without limiting the generality of the
10 above, includes any waste glass, metal,
plastic, paper, fabric, wood, food, soil, sand,
concrete or rocks, abandoned vehicles,
abandoned vehicle parts and garden
remnants and clippings, but does not include
15 any gases, dust or smoke or any waste that is
produced or emitted during, or as a result of,
any of the normal operations of the mining,
building or manufacturing industry or of any
primary industry;
20 "litter authority" includes--
(a) the Authority;
(b) any other body created by or under an
Act;
(c) any government department;
25 (d) any municipal council;
(e) any protection agency;
(f) any body declared by Order of the
Governor in Council under section 45C
to be a litter authority;
30 "litter enforcement officer" means--
(a) an authorized officer;
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(b) in relation to any land or waters in a
council's municipal district, an officer
of the council appointed by the council
as a litter enforcement officer;
5 (c) in relation to--
(i) land or waters under the control or
management of a litter authority;
or
(ii) any offence that may result in
10 litter appearing on any such land
or waters (regardless of where the
offence occurs)--
an officer of the litter authority
appointed by it as a litter enforcement
15 officer;
(d) a member of the police force;
(e) in relation to any bus, tram, watercraft,
rail vehicle or aircraft that is being used
for a public purpose, a person
20 appointed as a litter enforcement officer
by the litter authority that owns or
manages that vehicle;'.
(2) In section 4(1) of the Environment Protection
Act 1970, in the definition of "registered owner",
25 after paragraph (b) insert--
"(c) in relation to any other vehicle--the person
who owns the vehicle (whether the vehicle is
registered in any way or not);".
39. Additional reference section
30 After section 4(2) of the Environment Protection
Act 1970 insert--
'(2A) A reference in this Act to "waters" includes
a reference to the waters of the River Murray
in respect of litter that has been deposited
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into, or on to, the waters of the River Murray
from the Victorian bank of the River Murray.
(2B) This Act extends to, and applies to, the
deposit of litter into, or on to, the waters of
5 the River Murray from any premises that is
in Victoria and extends to, and applies in
relation to, any proceedings brought in
relation to the deposit.'.
40. Insertion of Part VIIA
10 After section 45 of the Environment Protection
Act 1970 insert--
'PART VIIA--LITTER AND MATERIAL THAT
MAY BECOME LITTER
Division 1--Preliminary Matters
15 45A. Object of Part
The object of this Part is--
(a) to prohibit and regulate the deposit of
litter in the environment; and
(b) to regulate the distribution of materials
20 that may become litter; and
(c) to enable the removal of detrimental or
disorderly objects and other things.
45B. Definitions
In this Part--
25 "land" means any land, whether publicly or
privately owned, and includes any
buildings or other structures
permanently affixed to the land;
"place" includes a receptacle, a vehicle and
30 any waters;
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"vehicle" means--
(a) any thing that is capable of
transporting a person, including an
aeroplane, boat, bicycle, bus, car,
5 horse, train or tram; or
(b) any trailer that is attached to any
such thing.
45C. Governor in Council may declare body to
be a litter authority
10 The Governor in Council may, by Order
published in the Government Gazette,
declare any body to be a litter authority for
the purposes of this Part.
45D. Part does not apply to environment
15 protection offences
(1) This Part does not apply to the deposit of any
litter that constitutes an offence under any
other Part of this Act.
(2) Any person who intends to rely on this
20 section as a defence to a charge must give
the person filing the charge written notice of
this intention within 21 days of receiving a
summons in respect of the charge.
(3) The notice must specify under which
25 provision of this Act the person believes the
charge would have been more appropriately
brought if the allegations set out in the
charge were proved.
Division 2--Littering Offences
30 45E. Deposit of litter generally
(1) A person must not deposit any litter unless--
(a) the person deposits the litter in a
place--
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(i) that is provided for the deposit of
litter; and
(ii) that is appropriate for litter of that
size, shape, nature or volume; or
5 (b) the person deposits the litter in or on a
place in such a way that it cannot leave
the place without human assistance and
the person--
(i) owns, controls or is in possession
10 of the place; or
(ii) is acting with the express consent
of the person who owns, controls
or is in possession of the place; or
(c) the person is authorised to deposit the
15 litter by or under an Act or a
Commonwealth Act; or
(d) the deposit of the litter is an
unavoidable consequence of a lawful
activity; or
20 (e) the deposit is accidental and the person
does everything that is reasonably
possible to retrieve the litter.
Penalty: 40 penalty units.
(2) For the purposes of sub-section (1)(d), a
25 consequence is unavoidable if there is no
reasonably practicable way of avoiding it.
45F. Aggravated littering
A person convicted of an offence under
section 45E is guilty of the offence of
30 aggravated littering if the court which
convicts the person is satisfied that the
offence involved--
(a) the intentional deposit of glass, metal,
earthenware or crockery; or
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(b) the intentional deposit of litter that was
a danger to any person or animal or to
any land, waters or vehicle; or
(c) the intentional deposit of litter on, from
5 or towards any vehicle.
Penalty: In addition to, or instead of, any
penalty under section 45E,
60 penalty units or imprisonment
for 1 month or both.
10 45G. Owners, drivers etc. of vehicles from which
litter deposited liable for littering
(1) If litter is deposited from a vehicle contrary
to section 45E, the following are deemed to
be guilty of an offence against section 45E--
15 (a) the driver of the vehicle; and
(b) the registered owner of the vehicle; and
(c) any person authorised by the registered
owner to use the vehicle at the time the
offence was committed.
20 (2) If a person deposits litter contrary to
section 45E and was seen arriving at or
leaving the place where he or she deposited
the litter in a vehicle, the registered owner of
the vehicle is deemed to be guilty of an
25 offence against section 45E.
(3) However, a court must not find a person
guilty under this section unless the court is
satisfied that no other person has been found
guilty of depositing the litter and that--
30 (a) it is not practicable to discover who
deposited the litter; or
(b) it is not possible to file a charge against
the person who deposited the litter; or
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(c) it is unlikely that the filing of a charge
against the person who deposited the
litter would result in a finding of guilt.
(4) Also, a court must not find the registered
5 owner or authorised user of a vehicle guilty
under sub-section (1) unless it is satisfied
that it is not possible to file a charge against
the driver of the vehicle.
45H. Other exceptions to section 45G
10 (1) Section 45G(1) does not apply if--
(a) the vehicle is a train, tram, bus, ferry,
passenger ship, passenger plane or
other public transport vehicle; and
(b) the litter was deposited by a passenger
15 of that vehicle; and
(c) the vehicle was being used for a public
purpose at the time the offence was
committed.
(2) Section 45G(1) does not apply if the vehicle
20 is a taxi and the litter was deposited by a
passenger.
(3) Sections 45G(1)(b), 45G(1)(c) and 45G(2)
do not apply if the vehicle was a stolen
vehicle at the time of the offence.
25 (4) Sections 45G(1) and 45G(2) do not apply if
the person who is deemed to be guilty gives
a statutory declaration that complies with
section 45I within 14 days after receiving a
notice under section 45J to the person named
30 in the notice.
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45I. Form of statutory declaration
(1) The statutory declaration must--
(a) declare that the person saw another
named person deposit the litter and
5 declare--
(i) the address of that person; or
(ii) that the person does not know the
address of that person and the
reasons why the person does not
10 know the address; or
(b) declare--
(i) that the person did not deposit the
litter; and
(ii) that the person did not see who
15 deposited the litter; and
(iii) the name and address (if known)
of any person who was in or near
the vehicle at the time the litter
was deposited.
20 (2) If a person who is deemed to be guilty is not
a natural person, the person may comply
with section 45H(4) by giving the litter
enforcement officer a statutory declaration
made by the person who was driving the
25 vehicle at the time of the offence.
(3) A statutory declaration that complies with
this section is admissible in any proceedings
as evidence of the matters stated in it.
45J. Notice to accompany charges using
30 section 45G
(1) A person who issues an infringement notice,
or files a charge, against a person who is
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deemed guilty under section 45G(1) must
ensure that the infringement notice, or the
charge, is accompanied by a notice under
this section.
5 (2) The notice must--
(a) contain a copy of sections 45E, 45G,
45H and 45I; and
(b) name the person giving the notice; and
(c) contain that person's business address.
10 Division 3--Offences Concerning Material
That May Become Litter
45K. Meaning of unsolicited document
For the purposes of this Division, a
document is unsolicited if it is deposited at a
15 premises without being addressed by name
to a person who owns or occupies the
premises.
45L. Unsolicited documents must be put in
mailboxes etc.
20 (1) A person delivering an unsolicited document
to a premises must not deposit the document
in any place on the premises other than--
(a) a receptacle, slot or other place that is
used for the deposit of mail at the
25 premises; or
(b) a receptacle or slot that is used for the
deposit of newspapers at the premises;
or
(c) under the door of the premises; or
30 (d) a place that is in a building and that is
suitable for the deposit of the
document.
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Penalty: 10 penalty units.
(2) Sub-section (1) does not apply to--
(a) any newspaper, or any material folded
or inserted into a newspaper; or
5 (b) any document issued under, in
accordance with, or for the purposes of,
any Act or Commonwealth Act; or
(c) any document that is given personally
to a person at the premises; or
10 (d) any document that is of such a size,
shape or volume that it is not possible
or appropriate for it to be deposited in
accordance with sub-section (1).
45M. Advertising material not to be deposited in
15 certain mailboxes etc.
(1) In this section "advertising material"
means any material advertising goods or
services, regardless of whether or not the
sale of the goods or services is for a
20 charitable purpose, but does not include--
(a) any stamped mail delivered by, or on
behalf of, Australia Post;
(b) any material that has a political
purpose;
25 (c) a newspaper or magazine;
(d) any public notice issued by a litter
authority or a body supplying
electricity, gas, water, transport or a
similar service;
30 (e) any document issued under, or for the
purposes of, any Act or Commonwealth
Act;
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(f) any other document issued by, or on
behalf, of any government or
government agency.
(2) A person must not deposit any advertising
5 material in any receptacle, slot or place listed
in section 45L(1)(a) or (b), or under the door
of a premises, if there is a legible sign or
marking on or near that receptacle, slot,
place or door--
10 (a) that states "No Advertising Material" or
"No Junk Mail" or that contains any
other words in English indicating that
advertising material is not to be
deposited in that receptacle, slot or
15 place, or under that door; and
(b) that is clearly visible to a person
depositing an item in that receptacle,
slot or place or under that door.
Penalty: 10 penalty units.
20 45N. Leaflets etc. not to be placed on vehicles
(1) A person must not deposit any document in
or on any vehicle without the express
consent of the owner or driver of the vehicle.
Penalty: 10 penalty units.
25 (2) This section does not apply to the deposit of
any document by a person exercising a
power given to him or her by any law.
45O. Bill posting not to occur without consent
A person must not affix any document on to
30 any fixed structure without the express
consent of the owner, occupier or manager of
the structure.
Penalty: 10 penalty units.
45P. Advertiser must disclose name of distributor
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(1) This section applies to a person who
commissions the printing of a document that
is distributed as an unsolicited document.
(2) The person must give a litter enforcement
5 officer the name and address of the person
who was responsible for distributing the
document in a particular area.
(3) The person must comply with sub-section (2)
within 7 days after receiving a written
10 request for the information from the officer.
Penalty: 10 penalty units.
45Q. Distributor must disclose name of depositor
(1) A person who engages another person
(whether as an employee or as an agent) to
15 deposit unsolicited documents at premises
within an area must give a litter enforcement
officer the name and address of that other
person.
(2) The person must do this within 7 days after
20 receiving a written request for the
information from the officer.
Penalty: 10 penalty units.
45R. Person who commissions document must
ensure that it does not become litter
25 (1) This section applies to a person who
commissions the printing of a document that
the person distributes, or intends to have
distributed, as an unsolicited document.
(2) The person must ensure that the document is
30 distributed in a way that prevents it from
becoming litter.
Penalty: 20 penalty units.
(3) It is a defence to a charge under this section
for the person charged to show that he, she
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or it took all reasonable steps to comply with
this section.
Division 4--Other Offences
45S. Offence to ask person to commit offence
5 A person must not ask, require or induce, or
attempt to ask, require or induce, another
person to do anything that is an offence
under this Part.
Penalty: 20 penalty units.
10 45T. Offence to deface or set fire to public litter
receptacles
(1) A person must not deface a receptacle for
litter provided by a litter authority.
Penalty: 10 penalty units.
15 (2) A person must not set fire to a receptacle for
litter provided by a litter authority.
Penalty: 10 penalty units.
45U. Offences concerning the loading of vehicles
(1) A person must not require another person to
20 move a vehicle carrying a load unless he or
she supplies the other person with sufficient
means to secure the load in such a way that
litter cannot leave the vehicle without human
assistance.
25 Penalty: 10 penalty units.
(2) A person who is in control of a moving
vehicle must ensure that it is loaded in such a
way that litter cannot leave the vehicle
without human assistance.
30 Penalty: 10 penalty units.
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(3) It is a defence to a charge under sub-section
(2) if the person was required to move the
vehicle by a person who was in breach of
sub-section (1).
5 Division 5--Removal of Litter and Disorderly
Things
45V. Litterer must remove litter if asked
A person must remove any litter deposited
by that person if asked to do so by a litter
10 enforcement officer.
Penalty: 10 penalty units.
45W. Court may order removal of litter
(1) If a court convicts a person of an offence
under this Part, the court may--
15 (a) instead of, or in addition to, any other
penalty, order the person to--
(i) clear away and remove the litter
deposited by the person; or
(ii) clear away and remove any other
20 litter in or on any land or waters--
within a specified time and under the
supervision of a person nominated by
the court; or
(b) in addition to any other penalty, order
25 the person to pay a sum of
compensation for removal of the litter
to the person who, or body which, has
the control or management of the land
or waters where the offence occurred.
30 (2) The following provisions apply to an order
under sub-section (1)(a)--
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(a) the court may also order that if the
person contravenes the order, that
person must pay a fine of not more than
40 penalty units;
5 (b) if the person complies with the order,
the person nominated by the court to
supervise must send to the person a
statement to that effect;
(c) if the person contravenes the order, the
10 court may, on application by the person
nominated to supervise, issue a
summons requiring the person to show
cause why the fine referred to in
paragraph (a) should not be imposed;
15 (d) on hearing the summons, the court may
make any order under this Act which it
considers appropriate in respect of the
person who contravened the order.
(3) The compensation specified in an order
20 under sub-section (1)(b) to be paid to a
person or body is to be treated as a debt due
to that person or body.
45X. Person may be directed to remove litter
(1) This section applies if, in the opinion of a
25 litter authority, any litter that is on or in any
land or waters under the control or
management of the litter authority is, or is
likely to become--
(a) detrimental to the health, safety or
30 welfare of members of the public; or
(b) unduly offensive to the senses of
human beings; or
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(c) a hazard to the environment.
(2) The litter authority may, by written notice,
direct any person who deposited the litter to
do one or more of the following--
5 (a) to remove or dispose of the litter;
(b) to restore any place affected by the
litter to a state as close as practicable to
the state it was in immediately before
the litter was deposited;
10 (c) to take any other action in relation to
the litter that is specified in the
notice--
within the time specified in the notice.
(3) A person who receives such a direction must
15 comply with it.
Penalty: 40 penalty units.
(4) If the person who deposited the litter cannot
be found, the litter authority may, by written
notice, direct the occupier of any premises
20 on which the litter was deposited to remove
or dispose of the litter within the time
specified in the notice.
(5) An occupier who receives such a direction
must comply with it, unless he, she or it has
25 reasonable cause not to do so.
Penalty: 40 penalty units.
(6) The Authority may exercise its powers as a
litter authority under this section in respect
of any litter in Victoria to which, in the
30 opinion of the Authority, sub-section (1)(a),
(1)(b) or (1)(c) applies.
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45Y. Person may be directed to remove
disorderly etc. objects or things
(1) This section applies if any object or thing is
deposited on or in any place under the
5 control or management of the litter authority
and--
(a) in the opinion of the litter authority--
(i) the object or thing is detrimental
to the health, safety or welfare of
10 members of the public while it
remains in that place; or
(ii) the object or thing is unduly
offensive to the senses of human
beings while it remains in that
15 place; or
(iii) the object or thing is a hazard to
the environment while it remains
in that place; or
(b) the size, shape, nature or volume of the
20 object or thing makes the place where it
is deposited disorderly, or detrimentally
affects the proper use of that place.
(2) The litter authority may, by written notice,
direct any person who deposited the object or
25 thing to do one or more of the following--
(a) to remove or dispose of the object or
thing;
(b) to restore any place affected by the
object or thing to a state as close as
30 practicable to the state it was in
immediately before the object or thing
was deposited;
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(c) to take any other action in relation to
the object or thing that is specified in
the notice--
within the time specified in the notice.
5 (3) A person who receives such a direction must
comply with it.
Penalty: 40 penalty units.
(4) If the person who deposited the object or
thing cannot be found, the litter authority
10 may, by written notice, direct the occupier of
any premises on which the object or thing
was deposited to remove or dispose of the
object or thing within the time specified in
the notice.
15 (5) An occupier who receives such a direction
must comply with it, unless he, she or it has
reasonable cause not to do so.
Penalty: 40 penalty units.
(6) The Authority may exercise its powers as a
20 litter authority under this section in respect
of any object or thing in any place in
Victoria to which sub-section (1)(a) or (1)(b)
applies.
(7) A reference in this section to an object or
25 thing does not include a reference to a
fixture.
45Z. Authority may remove litter or object or
thing if direction not complied with
(1) If a person fails to comply with a direction
30 given under section 45X(2) or 45X(4), the
litter authority may remove or dispose of the
litter.
(2) If a person fails to comply with a direction
given under section 45Y(2) or 45Y(4), the
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litter authority may remove or dispose of the
object or thing.
(3) The litter authority may recover any
reasonable costs incurred by it in taking
5 action under this section as a debt due to it
by the person who failed to comply with the
direction.
(4) Sub-section (3) does not apply to a direction
given under section 45X(4) or 45Y(4) if the
10 occupier of the premises had reasonable
cause not to comply with the direction.
45ZA. Occupier may recover cost of removing
litter from litterer
(1) An occupier of premises may recover the
15 reasonable costs of complying with a
direction under section 45X(4) or 45Y(4)
from any person who deposited the litter or
object or thing as a debt due to the occupier.
(2) The cost of complying with a direction
20 includes any reasonable costs incurred in
taking action under sub-section (1).
Division 6--Prevention of Litter
45ZB. Litter abatement notice
(1) If--
25 (a) a person carries out any activity that
has caused, or is likely to cause, the
deposit of litter contrary to section 45E;
or
(b) a person is the occupier of premises
30 from which litter has, or is likely to,
escape--
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a litter enforcement officer may serve a litter
abatement notice on the person.
(2) A litter abatement notice may require the
person to do one or more of the following--
5 (a) to not deposit litter contrary to
section 45E;
(b) to ensure that no litter escapes from any
premises occupied by the person;
(c) to do, or not do, specified things to
10 ensure that the person does not breach
this Part.
(3) A person who has been served with a litter
abatement notice must comply with the
notice.
15 Penalty: 20 penalty units.
(4) A litter abatement notice may specify a
period of time within which any requirement
it imposes must be complied with.
45ZC. Period for which notice remains in force
20 (1) A litter abatement notice remains in force for
the period specified in the notice.
(2) A period of up to 3 years may be specified in
the notice.
45ZD. Form of notice
25 A litter abatement notice must--
(a) contain a copy of sections 36AA,
45ZB, 45ZC and 45ZE; and
(b) specify the period for which it remains
in force; and
30 (c) be signed by the person giving the
notice.
45ZE. Amendment or revocation of notice
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A litter enforcement officer may amend or
revoke a litter abatement notice at any time
by serving a written notice of amendment on
the person to whom the litter abatement
5 notice applies.
Division 7--Particular Litter Enforcement
Powers
45ZF. Powers of entry of litter enforcement
officers
10 If--
(a) a litter enforcement officer reasonably
suspects that an offence against section
45E, 45F, 45X(3), 45X(5), 45Y(3),
45Y(5) or 45ZB(3) is being, or is likely
15 to be, committed on a premises; and
(b) the officer reasonably believes that the
part of the premises where the offence
is occurring, or is likely to occur, is not
used for residential purposes--
20 the officer may enter that part of the
premises at any reasonable time for the
purpose of enforcing this Part.
45ZG. Requirement to give name and address
(1) This section applies if a litter enforcement
25 officer believes on reasonable grounds that a
person has committed an offence under this
Part.
(2) The officer may ask the person to state his or
her name and ordinary place of residence or
30 business.
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(3) In making the request, the officer must
inform the person of the grounds for his or
her belief that the person has committed an
offence.
5 (4) A person who, in response to the request--
(a) refuses or fails to comply with the
request without a reasonable excuse for
not doing so; or
(b) states a name that is false in a material
10 detail; or
(c) states an address other than the full and
correct address of his or her ordinary
place of residence or business--
is guilty of an offence and is liable to a
15 penalty not exceeding 20 penalty units.
(5) If a person states a name and address in
response to a request made under sub-section
(2) and the officer suspects on reasonable
grounds that the stated name or address may
20 be false, the officer may request the person
to produce evidence of the correctness of the
name and address.
(6) The person must comply with the request,
unless he or she has a reasonable excuse for
25 not doing so.
Penalty: 20 penalty units.
(7) It is not an offence for a person to fail to
comply with a request made under sub-
section (2) or (5) if the officer did not inform
30 the person, at the time the request was made,
that it is an offence to fail to comply with the
request.
45ZH. Officers must identify themselves
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While exercising a power under this Part, a
litter enforcement officer must produce on
demand proof of his or her identity and
official status.
5 45ZI. Litter enforcement officer may require
certain people to give information
(1) This section only applies to a person who a
litter enforcement officer believes on
reasonable grounds--
10 (a) had possession of particular litter at
some time in the past; or
(b) was responsible for commissioning the
production of, for producing or for
distributing, material that became
15 particular litter.
(2) The officer may require the person to give
the officer within 14 days, or any longer time
that the officer specifies, information
concerning the litter.
20 (3) A reference to litter in this section includes a
reference to any substance that constitutes
the litter, regardless of whether that
substance was litter at the time it was in the
person's possession.
25 (4) A requirement must be set out in a written
notice.
(5) The notice must--
(a) set out the information the officer seeks
from the person;
30 (b) specify the date by when the
information is required;
(c) contain a copy of this section and
section 45ZJ;
(d) be signed by the officer;
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(e) contain the officer's business address.
(6) The information an officer may require from
a person may include--
(a) how, when and where the litter came
5 into or left the person's possession;
(b) the name and address of anyone who
had possession of the litter after the
litter left the person's possession;
(c) the name and address of anyone else
10 involved in the commissioning of the
material that became the litter.
(7) If required to do so by a notice, a person
must give the officer within the time
specified in the notice all the information
15 sought in the notice that is within the
person's knowledge or in the person's
possession.
Penalty: 10 penalty units.
(8) However, any information given by a person
20 in response to a notice under this section is
not admissible in any prosecution against the
person if, before giving the information, the
person objected to giving the information on
the ground that it might tend to incriminate
25 him or her. This doesn't apply if the
information was false or misleading.
45ZJ. Officer may require information to be in
writing
(1) If asked to do so by the litter enforcement
30 officer, a person required to give the officer
information under section 45ZI must give the
information to the officer in writing.
(2) If information sought by a notice under
section 45ZI is not within a person's
35 knowledge or in the person's possession, the
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person must state this fact in writing if asked
to do so by the officer.
(3) A failure by a person to comply with sub-
section (1) or (2) is a failure to comply with
5 section 45ZI(7).
(4) A person must not include any false or
misleading information in a written
statement made under this section.
Penalty: 20 penalty units.
10 (5) Subject to section 45ZI(8), a statement made
under this section is admissible in evidence
in any proceedings.
45ZK. Reports of offences
(1) A person who sees another person
15 committing an offence under this Part may
inform the Authority or the relevant Council
of the offence by sending it a signed written
report containing--
(a) the date, approximate time and place of
20 the offence; and
(b) the nature of the litter; and
(c) any evidence of the identity of the
person who committed the offence.
(2) On receiving a report under sub-section (2),
25 the Authority or Council may take
proceedings through its relevant officers
against the person seen committing the
offence.
45ZL. Savings provisions
30 (1) In this section, "relevant date" means the
date of commencement of Part 4 of the
Environment Protection (Resource
Efficiency) Act 2002.
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(2) Any order, notice or requirement made under
the Litter Act 1987 that was in force
immediately before the relevant date
continues in force as if it had been made
5 under the equivalent provision of this Part.
(3) Any litter abatement notice that was in force
immediately before the relevant date in
relation to any object or thing that was litter
under the Litter Act 1987 continues in force
10 as if that object or thing was still litter after
the relevant date.
(4) Any Order in respect of a body made under
section 4 of the Litter Act 1987 that was in
force immediately before the relevant date
15 continues in force as if it was an Order made
under section 45C declaring the body to be a
litter authority.
(5) A person who was an authorised officer
under the Litter Act 1987 immediately
20 before the relevant date is deemed to be a
litter enforcement officer on the same terms
that applied to his or her appointment as an
authorised officer under that Act.
(6) Any reference to the Litter Act 1987 in any
25 Act, subordinate instrument, agreement or
other document as far as it relates to any
period on or after the relevant date is to be
treated as a reference to this Part unless the
contrary intention appears.
30 (7) Nothing in this section is intended to limit
the operation of the Interpretation of
Legislation Act 1984.'.
41. Reviews by Tribunal
(1) In section 32(1) of the Environment Protection
35 Act 1970--
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(a) for "or a delegated agency" substitute
", delegated agency or a litter authority";
(b) after paragraph (e) insert--
"(ea) a direction under section 45Y(2) or (4);
5 (eb) litter abatement notices under
section 45ZBA;".
(2) For section 37(f) of the Environment Protection
Act 1970 substitute--
"(f) in the case of an application under
10 section 36AA--
(i) if the Tribunal considers the provision
to be oppressive, unjust or
unreasonable, revoke or amend the
provision as the Tribunal considers
15 appropriate; or
(ii) in any other case, confirm the
provision;".
42. Insertion of section 36AA
After section 36 of the Environment Protection
20 Act 1970 insert--
"36AA. Reviews in respect of section 45Y directions
and litter abatement notices
(1) A person who is served with--
(a) a direction under section 45Y(2) or (4);
25 or
(b) a litter abatement notice under
section 45ZA--
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may apply to the Tribunal for a review of
any provision of the direction or notice that
the person believes is oppressive, unjust or
unreasonable.
5 (2) The person must lodge the application within
28 days after receiving notice of the
provision.
(3) If a person lodges an application, the person
need not comply with the direction or notice
10 until the application is withdrawn or
dismissed, or the direction or notice is
confirmed or varied by the Tribunal.".
43. Insertion of sections 57B--57D
After section 57A of the Environment
15 Protection Act 1970 insert--
'57B. Certificate concerning ownership of vehicle
In proceedings against the registered owner
of a vehicle, a certificate from the Roads
Corporation or the Director of Marine
20 Safety, or from a corresponding person or
body in another State or in a Territory of the
Commonwealth, stating that a person was the
owner of a vehicle on a specified date is
evidence that that person was the registered
25 owner of the vehicle on that date.
57C. Certificate concerning litter offences
(1) In proceedings under Part VIIA, a certificate
given by a litter authority stating--
(a) that a specified person is, or was on a
30 specified date, a litter enforcement
officer appointed by the authority; or
(b) that any land is, or was on a specified
date, or that any waters are, or were on
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a specified date, under the control or
management of the authority--
is evidence of that fact.
(2) All courts and persons acting judicially--
5 (a) must take judicial notice of the
signature or seal of any litter authority
affixed to the certificate; and
(b) must, until the contrary is proved,
presume that the signature or seal was
10 properly affixed.
57D. Certificate concerning presence of junk
mail sign
(1) A statutory declaration signed by a person
that states--
15 (a) that the person is the owner or occupier
of a specified premises; and
(b) that on a specified date or dates--
(i) there was a specified receptacle,
slot or place at the premises that
20 was used for the deposit of mail or
newspapers (as the case may be);
and
(ii) there was a sign or marking on or
near that receptacle, slot or place
25 that stated "No Advertising
Material" or "No Junk Mail" or
other specified words indicating
that advertising material was not
to be deposited in that receptacle,
30 slot or place; and
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(iii) that that sign or marking was
clearly visible to a person
depositing an item in that
receptacle, slot or place; and
5 (c) that on that date, or on one of those
dates, (as the case may be) the person
found specified material in that
receptacle, slot or place--
is evidence of those matters.
10 (2) A statutory declaration signed by a person
that states--
(a) that the person is the owner or occupier
of a specified premises; and
(b) that on a specified date or dates--
15 (i) there was a sign or marking on or
near a door of that premises that
stated "No Advertising Material"
or "No Junk Mail" or other
specified words indicating that
20 advertising material was not to be
deposited in that receptacle, slot or
place; and
(ii) that that sign or marking was
clearly visible to a person
25 depositing an item under that
door; and
(c) that on that date, or on one of those
dates, (as the case may be) specified
material was deposited under that
30 door--
is evidence of those matters.
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(3) However, a statutory declaration is not
admissible as evidence under this section in
any proceeding unless--
(a) a copy of the statutory declaration was
5 served on the defendant at least 21 days
before the proceeding together with a
statement--
(i) that the certificate is to be used as
evidence at the proceeding; and
10 (ii) that the defendant has the right to
require the prosecution to call as a
witness the person who made the
statutory declaration, and that the
defendant must exercise that right
15 if the defendant wishes to dispute
any statement contained in the
statutory declaration; and
(iii) that specifies how the defendant is
to exercise the right if he, she or it
20 wishes to do so; and
(b) the defendant does not give the
prosecution a written notice requiring
the person who made the statutory
declaration to be called as witness at
25 least 7 days before the proceeding
starts.'.
44. Widening of notice requirement
In section 58(1) of the Environment Protection
Act 1970, for "Authority" substitute
30 "prosecutor".
45. Who may take proceedings
(1) After section 59(4) of the Environment
Protection Act 1970 insert--
"(5) Proceedings for an offence or infringement
35 against Part VIIA may be taken by--
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(a) a litter enforcement officer;
(b) by the person who, or body which, has
the control or management of the land
or waters where the offence or
5 infringement occurred.".
(2) In section 59AC of the Environment Protection
Act 1970--
(a) for "appointed to take the proceedings under
section 59(1)" substitute "authorised to take
10 the proceedings under section 59";
(b) after paragraph (c) insert--
"; or
(d) by a person authorised by the Authority
to appear on behalf of informants in
15 proceedings under this Act; or".
46. Who may issue infringement notices
In section 63B of the Environment Protection
Act 1970, in the definition of "prosecution
officer", after paragraph (b) insert--
20 "; and
(c) in relation to an infringement under
Part VIIA, a litter enforcement officer.".
47. Litter penalties to be paid to prosecutors
In section 69(3) of the Environment Protection
25 Act 1970--
(a) in paragraph (b), after "or Part" insert
"VIIA or";
(b) after paragraph (b) insert--
"; and
30 (c) penalties for offences or infringements
under Part VIIA in cases where the
prosecution was undertaken, or the
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infringement notice was issued, by a
person authorised for that purpose by a
litter authority must be paid into the
litter authority's fund, or if the litter
5 authority does not have a fund, but
administers or uses money paid to or
collected by it, to the litter authority as
part of that money, once the penalties
have been recovered.".
10 48. Use of penalty money
After section 70(5) of the Environment
Protection Act 1970 insert--
"(5A) Money paid into the Environment Protection
Fund under section 69(3)(c) is to be applied
15 by the Authority for the purposes of
environment protection.".
49. Infringement offences
At the end of Schedule A to the Environment
Protection Act 1970 insert--
"Any offence under section 45E
involving litter that is burning when it
is deposited (including a cigarette butt) 2 penalty units
Any offence under section 45E
involving an extinguished cigarette
butt, a ring pull or any other small
item 1 penalty unit
Any other offence under section 45E 2 penalty units
Any offence under section 45L, 45M,
45N, 45O, 45P, 45Q, 45T, 45U, 45V,
45ZG or 45ZI(7) 2 penalty units
An offence under section 45S 10 penalty units
An offence under section 45X(2)
or 45Y(2) 12 penalty units
An offence under section 45ZB(3) 8 penalty units".
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50. Repeal of the Litter Act 1987
The Litter Act 1987 is repealed.
51. Consequential amendments to other Acts
(1) In section 3(1) of the Road Safety Act 1986, in
5 the definition of "traffic infringement", for
paragraph (b) substitute--
"(b) an offence against section 45E or 45F of the
Environment Protection Act 1970 relating
to the deposit of litter on, from or towards
10 any vehicle; or".
(2) In section 251A(7) of the Transport Act 1983, in
the definition of "lost property", for "Litter
Act 1987" substitute "Environment Protection
Act 1970".
__________________
15
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PART 5--MISCELLANEOUS AMENDMENTS
52. Repeal of minimum penalty
Section 67AB of the Environment Protection
Act 1970 is repealed.
5 53. Witnessing of statements--Magistrates' Court Act
In the Magistrates' Court Act 1989, in
Schedule 5, after clause 8(1)(b)(vi) insert--
"(via) an authorised officer under the Environment
Protection Act 1970; or".
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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