ENVIRONMENT PROTECTION ACT 1970

Victorian Consolidated Legislation

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ENVIRONMENT PROTECTION ACT 1970

No. 8056 of 1970
Version incorporating amendments as at 7 May 2009

TABLE OF PROVISIONS

Section Page

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
10A. Repealed
11. Procedure and meetings of the Board
12, 12A. Repealed
13. Powers, duties and functions of Authority
14. Employees
15. Expenses of Authority etc.

PART III-ENVIRONMENT PROTECTION

Division 1-Declaration of policy

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

Division 1A-Economic measures

19AA. Economic measures
19AB. Tradeable emission scheme
19AC. Offence

Division 1B-Neighbourhood environment improvement plans

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

Division 2-Works approval

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

Division 3-Control of wastes and noise

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
25A. Repealed
26. Duration of licence

Division 4-Accreditation

26A. Application for accreditation
26B. Grant of accreditation
26C. Repealed
26D. Administrative arrangements
26E. Review of accreditation

Division 4A-Environment and resource efficiency plans

26F. Registration of scheduled activity
26G. Register of scheduled activities
26H. Preparation of Environment and Resource Efficiency Plan
26I. Matters to be included in an Environment and Resource Efficiency Plan
26J. Submission of Environment and Resource Efficiency Plan
for approval
26K. Power of Authority to require further information
26L. Consideration of approval of Environment and Resource Efficiency Plan
26M. Implementation of Environment and Resource Efficiency
Plan
26N. Exemption
26O. Reports
26P. Operation of Environment and Resource Efficiency Plan
26Q. Transfer of Environment and Resource Efficiency Plan

Division 5-Offences and powers of the Authority

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
29. Repealed
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
41A. Repealed
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

Division 1-Preliminary matters

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

Division 2-Littering 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 charges using section 45G.

Division 3-Offences concerning material that may become litter

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

Division 4-Other offences

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

Division 5-Removal of litter and disorderly things

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

Division 6-Prevention of litter

45ZB. Litter abatement notice
45ZC. Period for which notice remains in force
45ZD. Form of notice
45ZE. Amendment or revocation of notice

Division 7-Particular litter enforcement powers

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
46A-47A Repealed
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 motor boats
48D. Offences concerning manufacture and sale of equipment etc.

PART IX-RESOURCE EFFICIENCY

Division 1-Object

49. Object of this Part

Division 1A-Sustainability covenants

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

Division 2-Repealed

49A-49K Repealed

Division 2AA-Solid industrial waste management plans

49L. Preparation and content of plans
49M. Consultation must occur before plan finalised
49N. Who must comply with plans
49O. Life of plan
49P. Amendment of plans
49Q. Review of plans
49R. Authority may refuse works approval etc. if facility is inconsistent with plan
49S. Sustainability Victoria to provide copy of strategy and plan

Division 2AB-Metropolitan Local Governments' Waste Forum

49T. Metropolitan Local Governments' Waste Forum

Division 2AC-Metropolitan Waste Management Group

50. The Metropolitan Waste Management Group
50A. Metropolitan Waste Management Group does not represent
the Crown
50AB. Metropolitan Waste Management Group is a public
body and a public entity
50AC. Objectives
50AD. Functions
50AE. Powers
50AF. Board of directors
50AG. The directors
50AH. Conditions of appointment of directors
50AI. Meetings
50AJ. Disclosure of interests of directors
50AK. Validity of decisions
50AL. Power of delegation
50AM. Chief Executive Officer
50AN. Staff
50AO. Minister may give directions to the Metropolitan Waste Management Group
50AP. Procurement directions and guidelines
50AQ. Annual business plan
50AR. Application of Local Government Act 1989.
50AS. Dissolution of metropolitan regional waste management groups

Division 2AD-Metropolitan Waste and Resource Recovery
Strategic Plan

50B. The Metropolitan Waste and Resource Recovery Strategic Plan
50BA. Part 1-The Metropolitan Plan
50BB. Part 2-The Municipal Solid Waste Infrastructure
Schedule 50BC. Part 3-The Metropolitan Landfill Schedule 50BD. When is the Metropolitan Waste and Resource Recovery Strategic Plan in force?
50BE. Amendment of the Metropolitan Waste and Resource Recovery Strategic Plan
50BF. Transitional provision
50BG. Review of Metropolitan Waste and Resource Recovery Strategic Plan
50BH. Consistency with the Metropolitan Waste and Resource Recovery Strategic Plan and regional waste management plans
50BI. Authority may refuse applications for certain facilities if Metropolitan Waste and Resource Recovery Strategic
Plan not observed
50C. Repealed

Division 2A-Regional waste management groups

50D. Application of Division
50E. Waste management regions
50F. Formation of regional waste management groups-from Councils only
50G. Formation of regional waste management groups-other circumstances
50GA. Formation of regional waste management groups on the Minister's initiative
50H. Functions and powers of a regional waste management group
50I. Constitution of a regional waste management group
50J. Membership of a regional waste management group
50K. Pecuniary interest of members of the governing body
50KA. Staff
50L. Group budget and contributions from members
50LA. Annual business plan
50LB. Minister may give directions to regional waste
management group
50M. Liability for group debts
50N. Restriction on borrowing by group
50O. Restriction on commercial activities
50P. Divestment of commercial properties
50Q. Restriction on disposal of land
50QA. How disputes are to be resolved
50QB. Supreme Court-limitation of jurisdiction
50QC. Groups must provide certain reports to the Minister etc.
50QD. Winding up of a regional waste management group

Division 2B-Regional waste management plans

50R. Preparation and contents of plans
50RA. Who must comply with plans
50RAA. Consultation must occur before plan finalised
50RB. Life of regional waste management plan
50RC. Amendment of regional waste management plans
50RD. Review of regional waste management plans
50RE. Authority may refuse works approval etc. for certain
facilities if plan not observed

Division 3-Landfill levy

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
50XD-50Y Repealed

Division 4-Industry waste reduction agreements

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

Division 5-Amendment of Schedule C

51R. Governor in Council may amend Schedule C
Divisions 6, 7-Repealed
52-52E. Repealed

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
53H, 53I Repealed

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

Division 1-Information to be given to the Authority

54. Furnishing of information
54A. Furnishing of information relating to emission of wastes or
noise from motor vehicles
54B. Annual return

Division 2-Powers of the Authority and authorized officers

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
55D. Repealed
56. Giving name and address

Division 3-Evidentiary and other legal matters

57. Authorized officers and analysts
57AA Repealed
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

Division 4-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

Division 5-Additional legal matters

60A. Notification of notices
60B. Revocation of notices
60C. Payment of notice fee
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
63A. Repealed
63B. Infringement notices
63C, 63D. Repealed
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
67AB. Repealed
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

Division 6-Administrative and miscellaneous matters

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. Advisory panel in relation to section 70A(c)
70E. Sustainability fund account
71. Regulations
72. Provision for matter by reference
__________________
SCHEDULE A-Infringements
SCHEDULE C-Municipal Districts to which Section 50S(1) applies
SCHEDULE D-Amount Payable as Landfill Levy
SCHEDULE E-Amount Payable as Prescribed Industrial Waste
Landfill Levy for each tonne deposited to land (in dollars)
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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