Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 13

Powers, duties and functions of Authority

13. Powers, duties and functions of Authority



(1) The powers duties and functions of the Authority shall be-

   (a)  to administer this Act and any regulations and Orders made thereunder;

   (b)  to be responsible for and to co-ordinate all activities relating to
        the discharge of wastes into the environment and the generation,
        storage, treatment, transport and disposal of industrial waste and the
        emission of noise and for preventing or controlling pollution and
        noise and protecting and improving the quality of the environment;

   (c)  to recommend to the Governor in Council State environment protection
        policy for the protection of any portion or portions of the
        environment or any segment or segments of the environment with respect
        to the uses and values, whether tangible or intangible, to be
        protected, the quality to be maintained, the extent to which the
        discharge of wastes may be permitted without detriment to the quality
        of the environment, long range development uses and planning and any
        other factors relating to the protection of the environment;

   (ca) to recommend to the Governor in Council waste management policy;





   (cb) to implement national environment protection measures by incorporation
        into, or variation of, a State environment protection policy or waste
        management policy in accordance with section 17A;





   (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 the environment by a particular activity;

   (cd) to promote continuing-

   (i)  improvements in the efficiency with which resources are used, having
        regard to the principles of environment protection, in industrial
        enterprises and processes; and

   (ii) reductions in the ecological impacts of industrial enterprises and
        processes;

   (ce) to facilitate increased environmental resource use efficiency or
        decreased disposal of waste off-site by requiring persons who
        undertake certain activities which impact on the environment or any
        segment of the environment as a result of high and potentially
        inefficient use of environmental resources (including water and
        energy) or disposal of waste off-site to-

   (i)  make an assessment of opportunities to improve environmental resource
        use efficiency and to reduce the disposal of waste off-site;

   (ii) develop and implement an Environment and Resource Efficiency Plan
        which includes financially viable actions to improve environmental
        resource use efficiency and reduce the disposal of waste off-site;

   (iii) report on environmental resource use and the disposal of waste
        off-site and implementation of Environment and Resource Efficiency
        Plans;

   (d)  by the issue of works approvals, licences, permits, pollution
        abatement notices, minor works pollution abatement notices, research,
        development and demonstration approvals and notices under section 28B,
        to control the environmental impacts of activities which create a
        state of potential danger to the environment and to control the
        volume, types, constituents and effects of waste discharges,
        emissions, deposits, or other sources of pollutants and of substances
        which are a danger or a potential danger to the quality of the
        environment or any segment of the environment and the generation,
        storage, reprocessing, treatment, transport, containment and disposal
        of waste and to control the volume intensity and quality of noise;

   (da) to control the use of notifiable chemicals;





   (e)  to undertake surveys and investigations as to the causes, nature,
        extent, and prevention of pollution and to assist and co-operate with
        other persons or bodies carrying out similar surveys or
        investigations;

   (f)  to conduct promote and co-ordinate research in relation to any aspect
        of pollution or the prevention thereof and to develop criteria for the
        protection and improvement of the environment;

   (g)  to specify standards and criteria for the protection of beneficial
        uses and the maintenance of the quality of the environment having
        regard to the ability of the environment to absorb waste without
        detriment to its quality and other characteristics and having regard
        to the social and economic development of Victoria;

   (h)  to co-opt any persons or bodies to form panels of experts the
        Authority or the Minister considers capable of assisting the Authority
        in relation to special problems and to pay each member of a panel such
        fees and allowances-

   (i)  determined by the Authority in accordance with the relevant guidelines
        published from time to time by the State Services Authority; or







   (ii) fixed for the purpose by Order of the Governor in Council;

        (i)    to publish reports and information with respect to any aspects
               of environment protection;

   (j)  to specify methods to be adopted in taking samples and making tests
        for the purposes of this Act;

   (k)  to undertake investigations and inspections to ensure compliance with
        this Act and to investigate complaints relating to breaches of this
        Act;

   (l)  to provide information and education to the public regarding the
        protection and improvement of the environment;

   (m)  to establish and maintain liaison and co-operation with other States
        and the Commonwealth with respect to environment protection, pollution
        control, and waste management;

   (n)  to require the submission of plans relating to any existing or
        proposed waste discharge or any proposed system, device, or equipment
        for handling, storing, reprocessing, treating, containing or disposing
        of wastes;



   (na) to enter into agreements, including agreements to provide financial
        assistance, to implement measures to reduce waste and pollution;

   (nb) to impose and collect an environment protection levy in accordance
        with this Act;



   (nc) to evaluate, approve and monitor regional waste management plans;



   (o)  to report to the Minister upon matters concerning the protection of
        the environment and upon any amendments it thinks desirable in the law
        relating to pollution and upon any matters referred to it by the
        Minister; and

   (p)  to promote, encourage, co-ordinate, and carry out long-range planning
        in environment management, waste management and pollution control; and

   (q)  any power, duty and function conferred on the Authority by any other
        Act.



(1A) The Authority has power-

   (a)  to apply for, obtain and hold intellectual property rights (including
        patents, copyrights, trade marks and registered designs); and

   (b)  to enter into agreements or arrangements for the commercial
        exploitation within or outside Victoria of those intellectual property
        rights and ancillary services on any terms or conditions as to
        royalties, lump sum payments or otherwise as the Authority may see
        fit.



* * * * *



* * * * *



* * * * *