Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

ENVIRONMENT PROTECTION ACT 1970


TABLE OF PROVISIONS

           Long Title

   PART I--INTRODUCTION

   1.      Short title and commencement  
   1A.     Purpose of Act  
   1B.     Principle of integration of economic, social and environmental considerations  
   1C.     The precautionary principle  
   1D.     Principle of intergenerational equity  
   1E.     Principle of conservation of biological diversity and ecological integrity  
   1F.     Principle of improved valuation, pricing and incentive mechanisms  
   1G.     Principle of shared responsibility  
   1H.     Principle of product stewardship  
   1I.     Principle of wastes hierarchy  
   1J.     Principle of integrated environmental management  
   1K.     Principle of enforcement  
   1L.     Principle of accountability  
   2.      Application of Act  
   3.      Extra-territorial application of Act  
   4.      Definitions  

   PART II--ENVIRONMENT PROTECTION BODIES

   5.      Establishment of Authority  
   6.      Chairman and Deputy Chairman  
   7.      Terms and conditions of office  
   8.      Environment Protection Board  
   9.      Members of the Board  
   10.     Conditions of office of members  
   11.     Procedure and meetings of the Board  
   13.     Powers, duties and functions of Authority  
   14.     Employees  
   15.     Expenses of Authority etc.  

   PART III--ENVIRONMENT PROTECTION

   16.     State environment protection policy  
   16A.    Waste management policy  
   17.     Orders may make provisions for certain matters  
   17A.    Order may incorporate NEPM  
   18.     Content of Orders  
   18A.    Preparation of policies  
   18B.    Certification of waste management policies  
   18C.    Policy impact assessment  
   18D.    Consideration of Order by Parliament  
   18E.    Saving of former industrial waste management policies  
   19.     Review of policies  
   19AA.   Economic measures  
   19AB.   Tradeable emission scheme  
   19AC.   Offence  
   19AD.   Definitions  
   19AE.   Submission of voluntary proposal  
   19AF.   Impetus for a directed proposal  
   19AG.   Submission of directed proposal  
   19AH.   Endorsement of a directed or voluntary proposal  
   19AI.   Approval of neighbourhood environment improvement plan  
   19AJ.   Review and amendment of approved neighbourhood environment improvement plan  
   19AK.   Consideration of guidelines by Parliament  
   19A.    Scheduled premises  
   19B.    Works approval  
   19C.    Power of Authority to amend works approval  
   19CA.   Duration of works approval  
   19D.    Application for research, development and demonstration approval  
   19E.    Consideration of application  
   19F.    Duration and effect of approval  
   19G.    Offences  
   20.     Licensing of certain premises  
   20A.    Amendment of licence  
   20AA.   Joint advertisement  
   20B.    Conferences  
   20C.    Consideration of policy  
   21.     Special conditions  
   22.     Power of Authority to require further information  
   23.     Register of works approvals and licences  
   23A.    Surrender of licence  
   24.     Fees in respect of licences and works approvals  
   24A.    Environment protection levy  
   25.     Transfer of works approvals or licences  
   26.     Duration of licence  
   26A.    Application for accreditation  
   26B.    Grant of accreditation  
   26D.    Administrative arrangements  
   26E.    Review of accreditation  
   27.     Offences  
   27A.    Offences relating to industrial waste  
   28.     Orders to public authorities etc. to curtail services etc.  
   28A.    Power to require information  
   28B.    Abatement notice  
   30.     Liability of licence holder  
   30A.    Authority may authorise emergency storage, use etc. of waste  
   30B.    Defence to offence  
   30C.    Notifiable chemicals  
   30D.    Order relating to notifiable chemicals  
   31.     Authority may order licensed persons to cease discharge etc. in certain circumstances  
   31A.    Pollution abatement notice  
   31B.    Minor works pollution abatement notice  
   31C.    Environment improvement plan  
   31D.    Annual performance statement  

   PART IV--REVIEWS BY TRIBUNAL

   32.     Jurisdiction of Tribunal  
   33.     Reviews with respect to works approvals  
   33A.    Reviews with respect to licences  
   33B.    Applications for review by third parties  
   33C.    What matters can Tribunal consider in reviews of conditions of works approvals and licences?  
   34.     Reviews in respect of section 28B notices  
   35.     Reviews in respect of notices under section 31A  
   35A.    Reviews in respect of directions under section 19AG  
   36.     Certain notices do not take effect pending review  
   36AA.   Reviews in respect of section 45Y directions and litter abatement notices  
   36A.    Reviews in respect of permits  
   36B.    Reviews of fees  
   36BA.   Reviews in respect of section 49AF, 49AH or 49AL requirements  
   36C.    Reviews in respect of financial assurances under section 67B(7)  
   36D.    Application for declaration  
   36E.    Parties not restricted to grounds previously notified  
   37.     Powers of Tribunal  
   37A.    Matters Tribunal must take into account  

   PART V--CLEAN WATER

   38.     Discharges etc. to comply with policy  
   39.     Pollution of waters  

   PART VI--CLEAN AIR

   40.     Discharges etc. to comply with policy  
   41.     Pollution of atmosphere  
   42.     Particular offence  
   42A.    Prohibition of sale or offering for sale of petrol containing excess lead  
   42B.    Unleaded petrol  
   43.     Penalty  
   43A.    Provision concerning motor vehicles  

   PART VII--CONTROL OF SOLID WASTES AND POLLUTION OF LAND

   44.     Discharge or deposit of waste onto land to comply with policy  
   45.     Pollution of land  

   PART VIIA--LITTER AND MATERIAL THAT MAY BECOME LITTER

   45A.    Object of Part  
   45B.    Definitions  
   45C.    Governor in Council may declare body to be a litter authority  
   45D.    Part does not apply to environment protection offences  
   45E.    Deposit of litter generally  
   45F.    Aggravated littering  
   45G.    Owners, drivers etc. of vehicles from which litter deposited liable for littering  
   45H.    Other exceptions to section 45G  
   45I.    Form of statutory declaration  
   45J.    Notice to accompany infringement notice or charge-sheet using section 45G  
   45K.    Meaning of unsolicited document  
   45L.    Unsolicited documents must be put in mailboxes etc.  
   45M.    Advertising material not to be deposited in certain mailboxes etc.  
   45N.    Leaflets etc. not to be placed on vehicles  
   45O.    Bill posting not to occur without consent  
   45P.    Advertiser must disclose name of distributor  
   45Q.    Distributor must disclose name of depositor  
   45R.    Person who commissions document must ensure that it does not become litter  
   45S.    Offence to ask person to commit offence  
   45T.    Offence to deface or set fire to public litter receptacles  
   45U.    Offences concerning the loading of vehicles  
   45V.    Litterer must remove litter if asked  
   45W.    Court may order removal of litter  
   45X.    Person may be directed to remove litter  
   45Y.    Person may be directed to remove disorderly etc. objects or things  
   45Z.    Authority may remove litter or object or thing if direction not complied with  
   45ZA.   Occupier may recover cost of removing litter from litterer  
   45ZB.   Litter abatement notice  
   45ZC.   Period for which notice remains in force  
   45ZD.   Form of notice  
   45ZE.   Amendment or revocation of notice  
   45ZF.   Powers of entry of litter enforcement officers  
   45ZG.   Requirement to give name and address  
   45ZH.   Officers must identify themselves  
   45ZI.   Litter enforcement officer may require certain people to give information  
   45ZJ.   Officer may require information to be in writing  
   45ZK.   Reports of offences  
   45ZL.   Savings provisions  

   PART VIII--CONTROL OF NOISE

   46.     Emission of noise to comply with policy  
   48.     Objectionable noise an offence  
   48A.    Unreasonable noise from residential premises  
   48AB.   Noise from entertainment venues  
   48B.    Special provision concerning motor vehicles  
   48C.    Special provision concerning vessels  
   48D.    Offences concerning manufacture and sale of equipment etc.  

   PART IX--RESOURCE EFFICIENCY

   49.     Objects of this Part  
   49A.    Definitions  
   49AA.   Sustainability covenants  
   49AB.   Meaning of member of an industry  
   49AC.   Authority may enter into sustainability covenants  
   49AD.   Declaration that industry may have a significant impact on the environment  
   49ADA.  Declaration may be disallowed  
   49AE.   Procedure to be followed before recommendation made  
   49AF.   Authority may require statement of ecological impact  
   49AG.   Statement of ecological impact may also be required if industry fails to create covenant  
   49AH.   Requirement to take action to address major inefficiencies or impacts  
   49AI.   How requirements under sections 49AF, 49AG and 49AH are to be made  
   49AJ.   Restriction concerning public notice requirements  
   49AK.   How statements of ecological impact to be produced  
   49AL.   Authority may amend requirement  
   49AM.   Offence to fail to comply with Authority requirement  
   49AN.   Guidelines for the production of statements  
   49AO.   Authority may conduct audits  
   49AP.   Listing of covenants and statements to be kept  
   49B.    Local Government Waste Forums  
   49C.    Waste and Resource Recovery Groups  
   49D.    Commencement of Waste and Resource Recovery Groups  
   49E.    Waste and Resource Recovery Groups do not represent the Crown  
   49F.    A Waste and Resource Recovery Group is a public body and a public entity  
   49G.    Objectives of Waste and Resource Recovery Groups  
   49H.    Functions of Waste and Resource Recovery Groups  
   49I.    Powers of Waste and Resource Recovery Groups  
   49J.    Board of directors of Waste and Resource Recovery Groups  
   49K.    The directors of Waste and Resource Recovery Groups  
   49L.    Conditions of appointment of directors of Waste and Resource Recovery Groups  
   49M.    Meetings of Waste and Resource Recovery Groups  
   49N.    Disclosure of interests of directors of Waste and Resource Recovery Groups  
   49O.    Validity of decisions of Waste and Resource Recovery Groups  
   49P.    Power of delegation of Waste and Resource Recovery Groups  
   49Q.    Executive officers and Chief Executive Officer of Waste and Resource Recovery Groups  
   49R.    Staff of Waste and Resource Recovery Groups  
   49S.    Minister may give directions to a Waste and Resource Recovery Group  
   49SA.   Procurement directions and guidelines for Waste and Resource Recovery Groups  
   49SB.   Annual business plans of Waste and Resource Recovery Groups  
   49SC.   Application of Local Government Act 1989  
   50.     Definition of the Victorian Waste and Resource Recovery Infrastructure Planning Framework  
   50A.    Objectives of the Victorian Waste and Resource Recovery Infrastructure Planning Framework  
   50AA.   Preparation of the State-Wide Waste and Resource Recovery Infrastructure Plan and its objective  
   50AB.   Content of State-Wide Waste and Resource Recovery Infrastructure Plan  
   50AC.   Consultation during preparation of State-Wide Waste and Resource Recovery Infrastructure Plan  
   50AD.   Minister's powers with respect to State-Wide Waste and Resource Recovery Infrastructure Plan  
   50AE.   Publication of approval of State-Wide Waste and Resource Recovery Infrastructure Plan  
   50AF.   Publication of State-Wide Waste and Resource Recovery Infrastructure Plan  
   50AG.   Amendment and variation of State-Wide Waste and Resource Recovery Infrastructure Plan  
   50AH.   Review of State-Wide Waste and Resource Recovery Infrastructure Plan  
   50B.    Preparation of draft Regional Waste and Resource Recovery Implementation Plans  
   50BA.   Objective of Regional Waste and Resource Recovery Implementation Plans  
   50BB.   Content of Regional Waste and Resource Recovery Implementation Plans  
   50BC.   Consultation during preparation of Regional Waste and Resource Recovery Implementation Plans  
   50BD.   Further preparation of Regional Waste and Resource Recovery Implementation Plans  
   50BE.   Publication of approval of Regional Waste and Resource Recovery Implementation Plans  
   50BF.   Publication of Regional Waste and Resource Recovery Implementation Plans  
   50BG.   Amendment of Regional Waste and Resource Recovery Implementation Plans  
   50BH.   Consistency with Regional Waste and Resource Recovery Implementation Plans  
   50C.    Authority may refuse applications for certain facilities if Plans not observed  
   50CA.   Guidelines for Plans  
   50S.    Landfill levy—amount payable  
   50SA.   Rebate for recycled waste  
   50SAA.  Rebate for recycled prescribed industrial waste  
   50SAB.  Rebate for cover material  
   50SB.   Payment of the levy  
   50SC.   Refunds by the Authority  
   50T.    Premises that may not be levied  
   50U.    Calculation of estimates of weight  
   50V.    Requirement to keep appropriate records  
   50W.    Requirement to provide Authority with information concerning levy  
   50WA.   Information about waste categories must be given  
   50X.    Authority may increase low estimates  
   50XA.   Tribunal may review revised estimates  
   50XB.   Rights and powers of the Authority if levy not paid  
   50XC.   Agreement to offset refund owing  
   51.     Application of this Division  
   51A.    Industry waste reduction agreements  
   51B.    Criteria to be satisfied before Authority enters into an agreement  
   51C.    Monitoring by the Authority  
   51D.    Amendments to agreements  
   51E.    Authority may require a person to enter agreement  
   51F.    Notice of breach of agreement  
   51G.    Reports to Parliament  
   51R.    Governor in Council may amend Schedule C  

   PART IXA--TRANSPORT OF PRESCRIBED WASTE

   53.     Exemptions  
   53A.    Permit required  
   53B.    Obligation of consignor of waste  
   53C.    Obligation to record and notify  
   53D.    Obligation of producers of waste  
   53E.    Contravention of permit condition  
   53F.    Issue of transport permits  
   53G.    Fees  

   PART IXB--SEPTIC TANK SYSTEMS

   53J.    Definitions  
   53K.    Declaration of area by municipal council  
   53L.    Permit required  
   53M.    Application for a permit  
   53MA.   Compliance with permit  
   53MB.   Approval of septic tank system  
   53N.    Maintenance of septic tank systems  
   53O.    Annual return  

   PART IXC--REGULATION OF WASTE EMITTING PRODUCTS

   53P.    Regulations concerning products that may damage the environment  
   53Q.    Offence to fail to comply with regulations  

   PART IXD--ENVIRONMENTAL AUDITS

   53R.    Purpose of Part  
   53S.    Appointment of environmental auditor  
   53T.    Fees paid by an environmental auditor  
   53U.    Engagement of an environmental auditor  
   53V.    Environmental audit report on risk caused by industrial process etc.  
   53W.    Environmental audit of condition of segment of environment  
   53X.    Environmental audit report on condition of segment of the environment  
   53Y.    Certificate of environmental audit  
   53Z.    Statement of environmental audit  
   53ZA.   Incorrect certificate or statement of environmental audit  
   53ZB.   Notification  
   53ZC.   Offences  
   53ZD.   Revocation of environmental auditor appointment  
   53ZE.   Notification of received statements  

   PART X--GENERAL

   54.     Furnishing of information  
   54A.    Furnishing of information relating to emission of wastes or noise from motor vehicles  
   54C.    Mandatory notification of corrupt conduct to IBAC  
   54D.    Consultation prior to notification  
   54E.    Communication of information to the IBAC  
   54F.    Authority not to prejudice investigations of the IBAC  
   55.     Powers etc. of authorized officers  
   55AA.   Definitions  
   55A.    Authority may require vehicle or ship to be made available for testing  
   55AB.   Appointment of approved testers  
   55AC.   Certificate of compliance  
   55B.    Notice for the making available of certain equipment for inspection etc.  
   55C.    Prohibition of use of vehicle  
   56.     Giving name and address  
   57.     Authorized officers and analysts  
   57A.    Reports and certificates  
   57B.    Certificate concerning ownership of vehicle  
   57C.    Certificate concerning litter offences  
   57D.    Certificate concerning presence of junk mail sign  
   58.     Reports and certificates may be served with summons  
   59.     Persons who may take proceedings  
   59A.    Statement to be evidence of authority  
   59AA.   Execution of documents by Authority  
   59AB.   Evidence  
   59AC.   Appearance in proceedings for an offence  
   59AD.   Summary jurisdiction in indictable offences  
   59B.    Offences of a fraudulent nature  
   59C.    Offences relating to monitoring equipment  
   59D.    Offence relating to false information  
   59E.    Offence of aggravated pollution  
   60.     Disclosure of information an offence  
   60A.    Notification of notices  
   60B.    Revocation of notices  
   61.     Service of notices  
   61A.    Effect of notice of amendment which reprint document amended  
   62.     Abatement of pollution in certain cases  
   62A.    Notice to take clean up and on-going management measures  
   62B.    Special powers of authorized officers where imminent danger to life or limb or to the environment  
   62C.    Presumption that occupier caused discharge etc.  
   63.     Owner and master of ship each guilty of pollution from ship  
   63B.    Infringement notices  
   64.     Penalty for failing to obey order to abate pollution  
   64A.    Authority may obtain injunction  
   65.     Saving of rights at law  
   65A.    Orders for compensation immediately after a finding of guilt  
   66.     Abatement of pollution by protection agency  
   66A.    Power to Authority to designate agency to have specified responsibilities etc. in polluted areas  
   66B.    Offences by corporations and partnerships etc.  
   66C.    Authority to be able to recover costs of analysis  
   67.     General penalty  
   67AA.   Higher penalty for certain intentional offences  
   67AC.   Court may order offenders to take specified actions  
   67A.    Agreement to waive time limits  
   67B.    Financial assurances  
   67C.    Claims on financial assurances  
   67D.    Enforceable undertakings  
   67E.    Enforcement of undertakings  
   67F.    Guidelines  
   67G.    Register of undertakings  
   68.     Delegation  
   68A.    Power to delegate  
   68B.    Provisions applicable to delegations  
   69.     Fees and penalties to be paid to the Consolidated Fund  
   70.     Environment Protection Fund  
   70A.    Restrictions concerning the distribution of money derived from the general landfill levy  
   70B.    Priority statement  
   70C.    Restrictions concerning section 70A(b) guidelines  
   70D.    General Landfill Levy Account  
   70E.    Municipal and Industrial Landfill Levy Trust Account  
   70F.    Sustainability Fund Account  
   71.     Regulations  
   72.     Provision for matter by reference  
   73.     Transitional provisions—Health and Human Services Legislation Amendment Act 2010  
   74.     Transitional provisions—Environment Protection and Sustainability Victoria Amendment Act 2014  
           SCHEDULE 1
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           ENDNOTES


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback