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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Environment Protection (Liveable Neighbourhoods)
Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--PRINCIPLES OF ENVIRONMENT PROTECTION 3
3. Insertion of Purpose and Principles 3
1A. Purpose of Act 3
1B. Principle of integration of economic, social and
environmental considerations 3
1C. The precautionary principle 4
1D. Principle of intergenerational equity 4
1E. Principle of conservation of biological diversity and
ecological integrity 4
1F. Principle of improved valuation, pricing and incentive
mechanisms 4
1G. Principle of shared responsibility 5
1H. Principle of product stewardship 5
1I. Principle of wastes hierarchy 6
1J. Principle of integrated environmental management 6
1K. Principle of enforcement 6
1L. Principle of accountability 7
4. Powers, duties and functions of the Authority 7
5. Orders may provide for economic measures 7
6. Economic measures 8
Division 1A--Economic Measures 8
19AA. Economic measures 8
19AB. Tradeable emission scheme 9
19AC. Offence 10
7. Power to make regulations 10
PART 3--NEIGHBOURHOOD ENVIRONMENT
IMPROVEMENT PLANS 11
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Clause Page
8. New Division 1B inserted 11
Division 1B--Neighbourhood Environment Improvement
Plans 11
19AD. Definitions 11
19AE. Submission of voluntary proposal 12
19AF. Impetus for a directed proposal 12
19AG. Submission of directed proposal 13
19AH. Endorsement of a directed or voluntary proposal 14
19AI. Approval of neighbourhood environment improvement
plan 14
19AJ. Review and amendment of approved neighbourhood
environment improvement plan 17
9. Amendment to section 31A 18
10. Amendment to section 31C 18
11. Review of Authority's direction to submit proposal 18
35A. Reviews in respect of directions under section 19AG 19
PART 4--ENVIRONMENTAL AUDITS 20
12. New Part IXD inserted 20
PART IXD--ENVIRONMENTAL AUDITS 20
53R. Purpose of Part 20
53S. Appointment of environmental auditor 20
53T. Fees paid by an environmental auditor 21
53U. Engagement of an environmental auditor 21
53V. Environmental audit report on risk caused by industrial
process etc. 22
53W. Environmental audit of condition of segment of
environment 22
53X. Environmental audit report on condition of segment of
the environment 23
53Y. Certificate of environmental audit 23
53Z. Statement of environmental audit 24
53ZA. Incorrect certificate or statement of environmental audit 24
53ZB. Notification 26
53ZC. Offences 27
53ZD. Revocation of environmental auditor appointment 27
53ZE. Notification of received statements 28
13. Consequential amendments to Part X 28
14. Consequential amendment to Schedule A 29
PART 5--GENERAL AMENDMENTS 30
15. Amendment to definition 30
16. Fees determined in accordance with guidelines 30
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Clause Page
17. Payment of licence fee 30
18. Dumping or abandoning industrial waste 30
19. Amendment to section 39 31
20. Amendment to section 55 31
21. Amendment to section 59AB 31
22. Amendment to section 63B 31
23. Financial assurances 31
ENDNOTES 32
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PARLIAMENT OF VICTORIA
Initiated in Assembly 1 November 2000
A BILL
to amend the Environment Protection Act 1970 to include principles
of environment protection, to provide for neighbourhood environment
improvement plans and for other purposes.
Environment Protection (Liveable
Neighbourhoods) Act 2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the
Environment Protection Act 1970--
5 (a) to include principles of environment
protection;
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(b) to give the Authority the power to develop
economic measures such as tradeable
emission schemes;
(c) to provide for neighbourhood environment
5 improvement plans;
(d) to make new provision for environmental
audits;
(e) to improve the operation of the Act.
2. Commencement
10 (1) This section and section 1 and Part 2 and Part 5
(other than section 23) come into operation on the
day after the day on which this Act receives the
Royal Assent.
(2) Section 23 is deemed to have come into operation
15 on 1 October 2000.
(3) The remaining provisions of this Act come into
operation on a day or days to be proclaimed.
(4) If any provision of this Act has not come into
operation on or before 1 July 2001, the provision
20 comes into operation on that day.
_______________
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PART 2--PRINCIPLES OF ENVIRONMENT PROTECTION
3. Insertion of Purpose and Principles
See: After section 1 of the Environment Protection
Act No.
Act 1970 insert--
8056/1970.
Reprint No. 13
5 "1A. Purpose of Act
as at
1 October
(1) The purpose of this Act is to create a
2000.
LawToday:
legislative framework for the protection of
www.dms.
the environment in Victoria having regard to
dpc.vic.
gov.au
the principles of environment protection.
10 (2) The principles of environment protection are
set out in sections 1B to 1L.
(3) It is the intention of Parliament that in the
administration of this Act regard should be
given to the principles of environment
15 protection.
1B. Principle of integration of economic, social
and environmental considerations
(1) Sound environmental practices and
procedures should be adopted as a basis for
20 ecologically sustainable development for the
benefit of all human beings and the
environment.
(2) This requires the effective integration of
economic, social and environmental
25 considerations in decision making processes
with the need to improve community well-
being and the benefit of future generations.
(3) The measures adopted should be cost-
effective and in proportion to the
30 significance of the environmental problems
being addressed.
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1C. The precautionary principle
(1) If there are threats of serious or irreversible
environmental damage, lack of full scientific
certainty should not be used as a reason for
5 postponing measures to prevent
environmental degradation.
(2) Decision making should be guided by--
(a) a careful evaluation to avoid serious or
irreversible damage to the environment
10 wherever practicable; and
(b) an assessment of the risk-weighted
consequences of various options.
1D. Principle of intergenerational equity
The present generation should ensure that the
15 health, diversity and productivity of the
environment is maintained or enhanced for
the benefit of future generations.
1E. Principle of conservation of biological
diversity and ecological integrity
20 The conservation of biological diversity and
ecological integrity should be a fundamental
consideration in decision making.
1F. Principle of improved valuation, pricing
and incentive mechanisms
25 (1) Environmental factors should be included in
the valuation of assets and services.
(2) Persons who generate pollution and waste
should bear the cost of containment,
avoidance and abatement.
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(3) Users of goods and services should pay
prices based on the full life cycle costs of
providing the goods and services, including
costs relating to the use of natural resources
5 and the ultimate disposal of wastes.
(4) Established environmental goals should be
pursued in the most cost effective way by
establishing incentive structures, including
market mechanisms, which enable persons
10 best placed to maximise benefits or minimise
costs to develop solutions and responses to
environmental problems.
1G. Principle of shared responsibility
(1) Protection of the environment is a
15 responsibility shared by all levels of
Government and industry, business,
communities and the people of Victoria.
(2) Producers of goods and services should
produce competitively priced goods and
20 services that satisfy human needs and
improve quality of life while progressively
reducing ecological degradation and resource
intensity throughout the full life cycle of the
goods and services to a level consistent with
25 the sustainability of biodiversity and
ecological systems.
1H. Principle of product stewardship
Producers and users of goods and services
have a shared responsibility with
30 Government to manage the environmental
impacts throughout the life cycle of the
goods and services, including the ultimate
disposal of any wastes.
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1I. Principle of wastes hierarchy
Wastes should be managed in accordance
with the following order of preference--
(a) avoidance;
5 (b) re-use;
(c) re-cycling;
(d) recovery of energy;
(e) treatment;
(f) containment;
10 (g) disposal.
1J. Principle of integrated environmental
management
If approaches to managing environmental
impacts on one segment of the environment
15 have potential impacts on another segment,
the best practicable environmental outcome
should be sought.
1K. Principle of enforcement
Enforcement of environmental requirements
20 should be undertaken for the purpose of--
(a) better protecting the environment and
its economic and social uses;
(b) ensuring that no commercial advantage
is obtained by any person who fails to
25 comply with environmental
requirements;
(c) influencing the attitude and behaviour
of persons whose actions may have
adverse environmental impacts or who
30 develop, invest in, purchase or use
goods and services which may have
adverse environmental impacts.
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1L. Principle of accountability
(1) The aspirations of the people of Victoria for
environmental quality should drive
environmental improvement.
5 (2) Members of the public should therefore be
given--
(a) access to reliable and relevant
information in appropriate forms to
facilitate a good understanding of
10 environmental issues;
(b) opportunities to participate in policy
and program development.".
4. Powers, duties and functions of the Authority
After section 13(1)(cb) of the Environment
15 Protection Act 1970 insert--
"(cc) to develop economic measures for the
purpose of providing an economic incentive
to avoid or minimise harm to the
environment or any portion or segment of
20 the environment by a particular activity;".
5. Orders may provide for economic measures
After section 17(1A) of the Environment
Protection Act 1970 insert--
"(2) In and by any Order made under section
25 16(1) or 16(1A), the Governor in Council
may specify requirements for developing
economic measures, including prescribing
conditions to which particular schemes are
subject and the circumstances under which
30 the Authority may alter, suspend or
terminate the entitlements held under a
scheme.".
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6. Economic measures
After section 19 of the Environment Protection
Act 1970 insert--
"Division 1A--Economic Measures
5 19AA. Economic measures
(1) The Authority may develop economic
measures for the purpose of providing an
economic incentive to avoid or minimise
harm to the environment or any portion or
10 segment of the environment by a particular
activity.
(2) Economic measures such as tradeable permit
schemes and environmental offsets may be
used as a means of achieving cost effective
15 environmental protection or regulation.
(3) An economic measure must clearly
identify--
(a) the objectives of the economic
measure;
20 (b) the type of economic measure
proposed;
(c) the particular activity in respect of
which the economic measure is
proposed to be used;
25 (d) the harm to the environment or any
portion or segment of the environment
which it is proposed to avoid or
minimise by using the economic
measure;
30 (e) how the economic measure will be
integrated with any relevant policy,
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approval, permit, licence or other
protection measure under this Act.
19AB. Tradeable emission scheme
(1) Without limiting the generality of section
5 19AA, a tradeable emission scheme is an
economic measure.
(2) A tradeable emission scheme may provide
for--
(a) the determination and amendment of
10 aggregate limits for the entitlement to
emit a specified quantity of waste to the
environment;
(b) the monitoring and reporting of
emission levels;
15 (c) the determination of the rights and
duties of holders of tradeable emission
permits or credits;
(d) the creation, cancellation or suspension
of tradeable emission permits or
20 credits;
(e) the initial sale or allocation and further
sale or allocation of tradeable emission
permits or credits;
(f) an electronic system for the exchange
25 of tradeable emission permits or
credits;
(g) the intervention by the Authority in the
event of anti-competitive behaviour.
(3) Sub-section (2) does not limit the matters
30 that may be included in an economic
measure relating to a tradeable emission
scheme.
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19AC. Offence
(1) The holder of a tradeable emission permit
must not discharge or emit waste into the
environment of a volume, quantity or
5 concentration which exceeds the entitlements
held by that person.
(2) A person who contravenes sub-section (1) is
guilty of an indictable offence and liable to a
penalty of not more than 2400 penalty
10 units.".
7. Power to make regulations
After section 71(1)(c) of the Environment
Protection Act 1970 insert--
"(ca) regulating the implementation of economic
15 measures, including prescribing conditions
to which particular schemes are subject and
the circumstances under which the Authority
may alter, suspend or terminate the
entitlements held under a scheme;".
20 _______________
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PART 3--NEIGHBOURHOOD ENVIRONMENT
IMPROVEMENT PLANS
8. New Division 1B inserted
After section 19AC of the Environment
5 Protection Act 1970 insert--
'Division 1B--Neighbourhood Environment
Improvement Plans
19AD. Definitions
In this Division--
10 "directed proposal" means a proposal to
develop a neighbourhood environment
improvement plan that is submitted to
the Authority under section 19AG;
"intervention criteria" means criteria that
15 are--
(a) specified in an Order in Council
published in the Government
Gazette that declares a State
environment protection policy or
20 an industrial waste management
policy; or
(b) prescribed under this Act;
"neighbourhood environment
improvement plan" means a
25 neighbourhood environment
improvement plan that is developed as
a result of either a directed proposal or
a voluntary proposal;
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"voluntary proposal" means a proposal to
develop a neighbourhood environment
improvement plan that is submitted to
the Authority under section 19AE.
5 19AE. Submission of voluntary proposal
A protection agency may in the form and
manner specified in guidelines issued by the
Authority submit a proposal to develop a
neighbourhood environment improvement
10 plan to the Authority for endorsement.
19AF. Impetus for a directed proposal
(1) A protection agency, having powers or
duties with respect to a segment of the
environment, may request the Authority to--
15 (a) conduct a specified environmental audit
using an environmental auditor; or
(b) undertake an investigation--
for the purposes of determining whether the
beneficial uses of that segment of the
20 environment are being protected.
(2) A person other than a protection agency,
who believes a beneficial use of a segment of
the environment requires protection, may
request the Authority to--
25 (a) conduct a specified environmental
audit; or
(b) undertake an investigation--
for the purposes of determining whether the
beneficial uses of the segment of the
30 environment are being protected.
(3) A request under this section must be made in
the manner and form specified in guidelines
issued by the Authority.
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(4) In making a determination referred to in this
section, the Authority must have regard to
the applicable intervention criteria.
(5) Within 30 days after receiving a request
5 under this section, the Authority must notify
the protection agency or the person, as the
case may be, whether or not the Authority
intends--
(a) to conduct a specified environmental
10 audit; or
(b) to undertake an investigation.
(6) If the Authority conducts a specified
environmental audit using an environmental
auditor or undertakes an investigation as
15 requested under this section, the Authority
must within 30 days after receiving the
results of the audit or the investigation notify
the protection agency or the person, as the
case may be, of--
20 (a) the results of the specified
environmental audit or the
investigation; and
(b) the actions, if any, that the Authority
intends to take as a consequence of the
25 results.
19AG. Submission of directed proposal
(1) The Authority may by notice in writing
direct a protection agency to submit within a
specified period a proposal to develop a
30 neighbourhood environment improvement
plan to the Authority for endorsement if--
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(a) a statement of environmental audit has
been issued stating that the beneficial
uses of a segment of the environment
are not being protected; and
5 (b) the Authority is of the opinion that the
applicable intervention criteria are met.
(2) A protection agency must, if so directed by
the Authority, submit in the form and
manner specified in guidelines issued by the
10 Authority a proposal to develop a
neighbourhood environment improvement
plan to the Authority for endorsement.
19AH. Endorsement of a directed or voluntary
proposal
15 (1) The Authority may endorse a directed or
voluntary proposal to develop a
neighbourhood environment improvement
plan if the Authority is satisfied that all
persons who may be required to undertake
20 specified works under the proposed plan
have agreed to participate in the
development of the plan.
(2) The Authority may impose any term,
condition, limitation or restriction on that
25 endorsement.
(3) The Authority must by notice in writing to
the relevant protection agency specify the
reasons for imposing any term, condition,
limitation or restriction on that endorsement.
30 19AI. Approval of neighbourhood environment
improvement plan
(1) A protection agency must submit a
neighbourhood environment improvement
plan that is prepared in accordance with a
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proposal endorsed under section 19AH to the
Authority for approval.
(2) The Authority may direct the protection
agency to amend the neighbourhood
5 environment improvement plan submitted to
the Authority for approval.
(3) The Authority may only approve an
neighbourhood environment improvement
plan if the plan--
10 (a) specifies the area in respect of which
the plan operates; and
(b) is consistent with any applicable State
environment protection policy or
industrial waste management policy;
15 and
(c) provides for the monitoring of
compliance with the neighbourhood
environment improvement plan and the
reporting of the implementation of
20 agreed outcomes; and
(d) requires consultation with all persons
whose interests are affected by the
plan; and
(e) provides for the participation of the
25 persons who were involved in the
development of the plan in the
evaluation of the plan's effectiveness in
achieving the agreed outcomes; and
(f) provides the mechanism for review of
30 the plan by the relevant protection
agency; and
(g) provides for the identification and
allocation of resources to fund the
implementation of the plan and any
35 review and amendment of the plan; and
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(h) takes account of any relevant
environment improvement plan,
regional waste management plan or
regional catchment strategy within the
5 meaning of the Catchment and Land
Protection Act 1994; and
(i) takes account of any relevant planning
scheme approved under the Planning
and Environment Act 1987 or any
10 municipal strategic statement within the
meaning of that Act; and
(j) where it requires the undertaking of
specified works, states that the person
who is to undertake those works has
15 agreed to do so; and
(k) provides for contingency or emergency
plans; and
(l) requires responsible authorities within
the meaning of the Planning and
20 Environment Act 1987 to have regard
to the plan when exercising their
powers, functions and duties in relation
to the segment of the environment to
which the plan relates.
25 (4) The Authority must publish notice of its
approval of a neighbourhood environment
improvement plan in the Government
Gazette.
(5) An approved neighbourhood environment
30 improvement plan applies as from the date
specified in the notice of approval published
in the Government Gazette.
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19AJ. Review and amendment of approved
neighbourhood environment improvement
plan
(1) If following a review of a neighbourhood
5 environment improvement plan in
accordance with the review mechanism
referred to in section 19AI(3)(f) a protection
agency is of the opinion that an amendment
to the plan is required, the protection agency
10 may submit a proposal to amend the plan to
the Authority for approval.
(2) The Authority may only approve a proposal
to amend a neighbourhood environment
improvement plan if the Authority is
15 satisfied that--
(a) the protection agency has consulted
with those persons who may be
required to undertake specified works
under the proposed amendment to the
20 plan; and
(b) persons who may be required to
undertake specified works under the
proposed amendment to the plan have
agreed to undertake those works; and
25 (c) the amended plan will be consistent
with the requirements in section
19AI(3).
(3) The Authority may impose any term,
condition, limitation or restriction on the
30 approval of the proposed amendment to the
neighbourhood environment improvement
plan.
(4) The Authority must by notice in writing to
the relevant protection agency specify the
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reasons for imposing any term, condition,
limitation or restriction on that approval.
(5) The Authority must publish notice of its
approval of an amendment to a
5 neighbourhood environment improvement
plan in the Government Gazette.
(6) An approved amendment to a neighbourhood
environment improvement plan applies as
from the date specified in the notice of
10 approval published in the Government
Gazette.'.
9. Amendment to section 31A
(1) In section 31A(1)(b) of the Environment
Protection Act 1970 after sub-paragraph (iv)
15 insert--
"(v) any neighbourhood environment
improvement plan prepared as a result of a
directed proposal; or".
(2) In section 31A(2)(g) of the Environment
20 Protection Act 1970 after "plan" insert "or a
neighbourhood environment improvement plan
prepared as a result of a directed proposal".
10. Amendment to section 31C
After section 31C(6) of the Environment
25 Protection Act 1970 insert--
"(7) An environment improvement plan must be
consistent with any relevant neighbourhood
environment improvement plan.".
11. Review of Authority's direction to submit proposal
30 (1) After section 32(1)(d) of the Environment
Protection Act 1970 insert--
"(e) a direction to a protection agency to submit a
proposal to develop a neighbourhood
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environment improvement plan to the
Authority for endorsement;".
(2) After section 35 of the Environment Protection
Act 1970 insert--
5 "35A. Reviews in respect of directions under
section 19AG
A person whose interests are affected by a
decision of the Authority under section
19AG may, within 21 days of the decision,
10 apply to the Tribunal for review of the
decision.".
(3) After section 37(b) of the Environment
Protection Act 1970 insert--
"(ba) in the case of a direction under section
15 19AG, confirm, amend or revoke the
direction;".
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PART 4--ENVIRONMENTAL AUDITS
12. New Part IXD inserted
After section 53Q of the Environment
Protection Act 1970 insert--
5 "PART IXD--ENVIRONMENTAL AUDITS
53R. Purpose of Part
The purpose of this Part is to provide for--
(a) the appointment of environmental
auditors; and
10 (b) a system of environmental audit of--
(i) the condition of a segment of the
environment; and
(ii) the risk of any possible harm or
detriment to a segment of the
15 environment caused by any
industrial process or activity,
waste, substance or noise--
for use in the planning, approving,
regulating, managing or conducting of
20 activities and in the protection of the
environment.
53S. Appointment of environmental auditor
(1) The Authority may appoint any person to be
an environmental auditor for the purposes of
25 this Act.
(2) The Authority may--
(a) suspend or revoke an appointment; or
(b) impose any conditions to an
appointment.
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(3) The Authority must issue to every
environmental auditor an authority in writing
bearing a signed photograph of the auditor.
(4) An environmental auditor must produce his
5 or her authority in writing if requested to do
so.
(5) The function of an environmental auditor
is--
(a) to conduct environmental audits; and
10 (b) to prepare environmental audit reports;
and
(c) if requested, to issue certificates of
environmental audit or statements of
environmental audit.
15 (6) An environmental auditor must have regard
to any guidelines issued by the Authority for
the purposes of this Act in carrying out his or
her functions
53T. Fees paid by an environmental auditor
20 (1) Subject to sub-section (2), a person may not
be appointed as an environmental auditor
unless the person has paid an appointment
fee of 170 fee units to the Authority.
(2) The Authority may exempt a person from the
25 payment of the fee under sub-section (1).
(3) An environmental auditor must pay the fee
prescribed in respect of an environmental
audit within 7 days after completing an audit.
53U. Engagement of an environmental auditor
30 A person may engage an environmental
auditor to conduct an environmental audit in
accordance with this Part.
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53V. Environmental audit report on risk caused
by industrial process etc.
An environmental audit report in relation to
the risk of any possible harm or detriment to
5 a segment of the environment caused by any
industrial process or activity, waste,
substance or noise must--
(a) specify the industrial process or
activity, waste, substance or noise in
10 respect of which the environmental
audit was conducted; and
(b) state the name of the person who has
engaged the environmental auditor to
conduct the environmental audit; and
15 (c) be signed by the environmental auditor;
and
(d) specify the results of the environmental
audit.
53W. Environmental audit of condition of
20 segment of environment
(1) If an environmental auditor is engaged to
conduct an environmental audit of the
condition of a segment of the environment,
he or she must prepare an environmental
25 audit report before issuing a certificate of
environmental audit or a statement of
environmental audit.
Penalty: 300 penalty units.
(2) A certificate of environmental audit or a
30 statement of environmental audit is invalid if
it was issued before the completion of an
environmental audit report.
22
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53X. Environmental audit report on condition of
segment of the environment
An environmental audit report in relation to
the condition of a segment of the
5 environment must--
(a) specify the segment of the environment
in respect of which the environmental
audit was conducted; and
(b) state the name of the person who has
10 engaged the environmental auditor to
conduct the environmental audit; and
(c) be signed by the environmental auditor;
and
(d) include--
15 (i) an evaluation of the
environmental quality of the
relevant segment of the
environment; and
(ii) an assessment of whether any
20 clean up is required to that
segment of the environment; and
(iii) if any clean up is necessary, any
recommendations relating to the
carrying out of the clean up.
25 53Y. Certificate of environmental audit
(1) In determining whether or not to issue a
certificate of environmental audit, an
environmental auditor must have regard to--
(a) the beneficial uses that may be made of
30 the relevant segment of the
environment; and
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(b) any relevant State environment
protection policy or industrial waste
management policy.
(2) If an environmental auditor is of the opinion
5 that the condition of the relevant segment of
the environment is or is potentially
detrimental to any beneficial use of that
segment, the environmental auditor must
refuse to issue a certificate of environmental
10 audit.
53Z. Statement of environmental audit
(1) If an environmental auditor determines not to
issue a certificate of environmental audit, he
or she must issue a statement of
15 environmental audit.
(2) A statement of environmental audit must
specify--
(a) the reasons why the environmental
auditor determined not to issue a
20 certificate of environmental audit; and
(b) the beneficial uses of the segment of
the environment that are protected; and
(c) the terms and conditions that need to be
complied with before a certificate of
25 environmental audit may be issued.
53ZA. Incorrect certificate or statement of
environmental audit
(1) If an environmental auditor is of the opinion
that he or she has issued a certificate or
30 statement of environmental audit that is
incorrect in a material particular, the
environmental auditor may withdraw the
certificate or statement and--
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(a) conduct another environmental audit
report and issue a new certificate or
statement; or
(b) issue a new certificate or statement.
5 (2) An environmental auditor may amend any
certificate or statement of environmental
audit to correct any--
(a) clerical mistake or unintentional error
or omission;
10 (b) figure or figures that have been
miscalculated;
(c) misdescription of any person, thing or
property.
(3) If the environmental auditor withdraws a
15 certificate or statement of environmental
audit under this section, the auditor must
notify the Authority and the relevant
responsible authority within the meaning of
the Planning and Environment Act 1987 of
20 the withdrawal within 7 days after the
withdrawal.
(4) If the environmental auditor has amended a
certificate or statement of environmental
audit or has issued a new certificate or
25 statement, the auditor must send to the
Authority and to the relevant responsible
authority within the meaning of the
Planning and Environment Act 1987 a
copy of the certificate or statement within 7
30 days after amending or issuing it.
(5) If the environmental auditor is for any reason
unable to perform the functions and duties of
his or her appointment, the Authority may
withdraw an incorrect certificate or
35 statement of environmental audit.
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(6) If the Authority withdraws an incorrect
certificate or statement of environmental
audit, the Authority must notify the relevant
responsible authority within the meaning of
5 the Planning and Environment Act 1987 of
the withdrawal within 7 days after the
withdrawal.
53ZB. Notification
(1) If an environmental auditor is engaged to
10 issue a certificate of environmental audit, the
environmental auditor must within 7 days
after receiving the request send to the
Authority a statement in writing
specifying--
15 (a) the name of the person who has
engaged the environmental auditor; and
(b) the location of the relevant segment of
the environment in respect of which the
request has been made; and
20 (c) the proposed completion date of the
environmental audit.
Penalty: 300 penalty units.
(2) An environmental auditor must within 7 days
after completing an environmental audit
25 report send to the Authority and the relevant
planning authority and responsible authority
within the meaning of the Planning and
Environment Act 1987--
(a) a copy of the environmental audit
30 report; and
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(b) if the environmental auditor determines
not to issue a certificate of
environmental audit, a copy of a
statement of environmental audit; and
5 (c) if the environmental auditor determines
to issue a certificate of environmental
audit, a copy of the certificate of
environmental audit.
Penalty: 300 penalty units.
10 (3) An environmental auditor must notify the
Authority of any imminent environmental
hazard as soon as is practicable after
becoming aware of the hazard in the course
of conducting an environmental audit.
15 Penalty: 300 penalty units.
53ZC. Offences
(1) An environmental auditor must not--
(a) give false or misleading information to
the Authority; or
20 (b) issue a certificate of environmental
audit or a statement of environmental
audit which is false or misleading; or
(c) conceal any relevant information or
document from the Authority.
25 (2) An environmental auditor who contravenes
sub-section (1) is guilty of an indictable
offence.
Penalty: 2400 penalty units or
imprisonment for 2 years or both.
30 53ZD. Revocation of environmental auditor
appointment
If an environmental auditor is convicted of
an offence against section 53ZC, the
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Authority must revoke his or her
appointment as an environmental auditor.
53ZE. Notification of received statements
(1) Where a statement of environmental audit
5 has been issued in respect of any premises
and a certificate of environmental audit in
respect of the premises has not been issued
subsequent to the statement, the occupier of
the premises must provide a copy of the
10 statement to any person who proposes to
become the occupier of the premises.
(2) If a person becomes the occupier of any
premises and the previous occupier did not
comply with sub-section (1), the current
15 occupier may, within 12 months of becoming
the occupier, recover from the previous
occupier in any court of competent
jurisdiction any reasonable costs incurred in
complying with the terms and conditions of
20 the statement of environmental audit.".
13. Consequential amendments to Part X
(1) In section 57 of the Environment Protection Act
1970--
(a) in sub-sections (1) and (2) omit
25 ", environmental auditor";
(b) in sub-section (3) omit ", environmental
auditor" where twice occurring;
(c) sub-sections (4) and (5) are repealed.
(2) Section 57AA of the Environment Protection
30 Act 1970 is repealed.
(3) After section 70(3)(ab) of the Environment
Protection Act 1970 insert--
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"(ac) any money collected as a fee under section
53T(3); and".
(4) After section 70(6) of the Environment
Protection Act 1970 insert--
5 "(6A) Money paid into the Environment Protection
Fund under sub-section (3)(ac) is to be
applied by the Authority for the purposes of
Part IXD.".
(5) After section 71(1)(ac) of the Environment
10 Protection Act 1970 insert--
"(aca) prescribing a fee with respect to a
completed environmental audit;".
14. Consequential amendment to Schedule A
In Schedule A to the Environment Protection
15 Act 1970 for "57AA(5)" substitute "53ZB(1),
53ZB(2) or 53ZB(3)".
_______________
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PART 5--GENERAL AMENDMENTS
15. Amendment to definition
In section 4(1) of the Environment Protection
Act 1970 in the definition of "ozone-depleting
5 substance" after "halon" insert
", hydrochlorofluorocarbon".
16. Fees determined in accordance with guidelines
In section 13(1)(h) of the Environment
Protection Act 1970, before sub-paragraph (ii)
10 insert--
"(i) determined by the Authority in accordance
with the relevant guidelines published from
time to time by the Office of Public
Employment; or".
15 17. Payment of licence fee
(1) For section 24(1)(a) of the Environment
Protection Act 1970 substitute--
"(a) on the day on which it is issued and annually
on the date fixed by the Authority while the
20 licence continues in force; or".
(2) In section 71(1)(aa) of the Environment
Protection Act 1970 for "and the anniversary of
the issue of a licence" substitute "of a licence and
annually on the date fixed by the Authority under
25 section 24(1)(a)".
18. Dumping or abandoning industrial waste
In section 27A(2) of the Environment Protection
Act 1970--
(a) after "dumped or abandoned" insert "a
30 particular kind of";
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(b) in paragraph (a) after "industrial waste"
insert "of that kind".
19. Amendment to section 39
In section 39(3) of the Environment Protection
5 Act 1970 after "placed" insert "or left".
20. Amendment to section 55
In section 55(2) of the Environment Protection
Act 1970 after "photographs" insert "or films and
make such audio, video or other recordings".
10 21. Amendment to section 59AB
After section 59AB(5) of the Environment
Protection Act 1970 insert--
"(6) Notwithstanding the rule against hearsay, a
transport certificate relating to the transport
15 of prescribed industrial waste shall be
admissible in evidence in any proceedings
under this Act and shall be prima facie
evidence of the matters stated therein.".
22. Amendment to section 63B
20 In section 63B(1) of the Environment Protection
Act 1970 in paragraph (ab) of the definition of
"prosecution officer" for "section 48A(3) or (8)"
substitute "section 48A(8)".
23. Financial assurances
25 In section 67B(1) of the Environment Protection
Act 1970 for "53B" substitute "53F".
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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