Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 18A

Preparation of policies

18A. Preparation of policies



(1) This section does not apply to-



   (a)  an Order made by the Governor in Council declaring a waste management
        policy certified under section 18B; or





   (b)  the variation of an Order made by the Governor in Council declaring a
        State environment protection policy or a waste management policy by a
        further Order under section 16(2) or 16A(2) which the Authority
        determines to be fundamentally declaratory, machinery or
        administrative in nature; or

   (c)  the revocation of an Order made by the Governor in Council by a
        further Order under section 16(2) or 16A(2); or



   (d)  an Order made under section 16(1), 16(1C) or 16A(1) in accordance with
        section 17A.





(2) Before a State environment protection policy or a waste management policy
is declared or varied, the Authority must-

   (a)  on 3 occasions over a period of not less than 21 days publish notice
        of intention to declare or vary the State environment protection
        policy or waste management policy in a newspaper circulating in the
        relevant area specifying-

   (i)  the area in respect of which the policy is intended to be declared or
        varied; and

   (ii) that any person likely to be affected by the intended declaration or
        variation may submit information to the Authority; and

   (b)  consider any information submitted to the Authority by any person
        likely to be affected by the intended declaration or variation; and

   (c)  consult with any government department or statutory authority whose
        responsibilities or functions may be affected by the intended
        declaration or variation; and

   (d)  prepare a draft policy; and

   (e)  prepare a draft policy impact assessment; and

   (f)  on 3 occasions over a period of not less than 21 days publish notice
        of the preparation of the draft policy in a newspaper circulating in
        the relevant area specifying-

   (i)  the reasons for the proposed declaration or variation and the purposes
        to be achieved; and

   (ii) the area in respect of which the draft policy is to be declared or
        varied; and

   (iii) where a copy of the draft policy and draft policy impact assessment
        may be examined and obtained; and

   (iv) that any person likely to be affected by the proposed declaration or
        variation may make a submission to the Authority.

(3) The Authority must-

   (a)  allow a period of not less than 3 months after publication of the last
        notice under subsection (2)(f) for submissions to be made; and

   (b)  consider all submissions under subsection (2)(f) received by the
        Authority; and

   (c)  before recommending to the Governor in Council the declaration or
        variation of the policy, respond in writing to each person who has
        lodged a separate submission or in the case of a submission made on
        behalf of a number of persons, to a nominated representative of those
        persons.