Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 4

Definitions

4. Definitions



(1) In this Act unless inconsistent with the context or subject-matter-

accreditation means accreditation granted under section 26B;







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amend includes to add, delete, discharge or vary;



analysis includes the taking of a sample or any test, measurement, calculation
or examination made for the purpose of determining the characteristics of any
matter or substance or the effects of any discharge, emission or deposit of
waste or any emission of noise upon any segment of the environment;

analyst means a person appointed under this Act as an analyst for the purposes
of this Act;

Authority means the Environment Protection Authority constituted under this
Act;

authorized means authorized in writing by the Authority either generally or
specially;

authorized officer means a person appointed under this Act as an authorized
officer for the purposes of this Act;

beneficial use means a use of the environment or any element or segment of the
environment which-

   (a)  is conducive to public benefit, welfare, safety, health or aesthetic
        enjoyment and which requires protection from the effects of waste
        discharges, emissions or deposits or of the emission of noise; or

   (b)  is declared in State environment protection policy to be a beneficial
        use;

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certificate of environmental audit means a certificate issued by an
environmental auditor certifying that the condition of the segment of the
environment specified in the certificate is not or is not potentially
detrimental to any beneficial use of that segment;

Chairman means the Chairman of the Authority appointed under section 6;

chemical substance means any organic or inorganic substance, whether liquid,
solid or gaseous, used for any commercial, industrial or domestic purpose
because of its chemical properties;

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clean up includes any measures-

   (a)  to remove, disperse, destroy, dispose of, abate, neutralize or treat
        any pollutant, waste, substance, environmental hazard or noise; and

   (b)  to restore the environment to a state as close as practicable to the
        state it was in immediately before-

   (i)  the discharge of any pollutant, waste or substance; or

   (ii) the creation of an environmental hazard; or

   (iii) the emission of noise; and

   (c)  to restore the environment to a state specified in a notice by the end
        of the time specified in the notice; and

   (d)  to assess the nature and extent of the damage and risk caused by any
        pollutant, waste, substance, environmental hazard or noise; and

   (e)  to take any measurement, recording or sample or to prepare any report,
        plan, drawing or other document, or to make any inspection,
        calculation, test or analysis or do anything that may be specified in
        the notice; and

   (f)  to retain any consultant, contractor, expert, agency or person at the
        cost of the occupier or person required to comply with the notice or
        otherwise for the purpose of taking any clean up measures specified in
        the notice; and

   (g)  to determine the most appropriate action to take in relation to the
        measures set out in paragraphs (a), (b), (c), (d), (e) and (f);

contravene includes breach, fail, neglect or refuse to comply with;

council means a Council within the meaning of section 3(1) of the
Local Government Act 1989;



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delegated agency means any protection agency to which any power or function of
the Authority is delegated under section 68;

deposit, in relation to litter, means the act of parting with the possession
of the litter;

element in relation to the environment means any of the principal constituent
parts of the environment including waters, atmosphere, land, vegetation,
climate, sound, odour, aesthetics, fish and wildlife;

environment means the physical factors of the surroundings of human beings
including the land, waters, atmosphere, climate, sound, odours, tastes, the
biological factors of animals and plants and the social factor of aesthetics;
Environment and Resource Efficiency Plan means a Plan prepared under section
26H;





environmental audit means a total assessment of the nature and extent of any
harm or detriment caused to, or the risk of any possible harm or detriment
which may be caused to, any beneficial use made of any segment of the
environment by any industrial process or activity, waste, substance (including
any chemical substance) or noise;

environmental auditor means a person appointed under this Act as an
environmental auditor for the purposes of this Act;

environmental hazard means a state of danger to human beings or the
environment whether imminent or otherwise resulting from the location, storage
or handling of any substance having toxic, corrosive, flammable, explosive,
infectious or otherwise dangerous characteristics;



environmental management system means the organisational structure, policies,
practices, processes and procedures for implementing environmental management,
including systems for designating responsibility for and allocating resources
to, environmental management; fee unit means a fee unit calculated in
accordance with section 5(3) of the Monetary Units Act 2004;



financial institution means-

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   (b)  an authorised deposit-taking institution within the meaning of the
        Banking Act 1959 of the Commonwealth; or

   (c)  a body that was a society within the meaning of the Friendly Societies
        (Victoria) Code immediately before the transfer date within the
        meaning of the Financial Sector Reform (Victoria) Act 1999 or is a
        friendly society for the purposes of the Life Insurance Act 1995 of
        the Commonwealth; or

   (d)  a financial corporation within the meaning of section 8 of the
        Commonwealth Financial Corporations Act 1974 which is registered under
        category D, E, F or G of that Act; or



   (e)  a financial institution, or a financial institution which is a member
        of a class of financial institutions, declared for the purposes of
        this definition by Order of the Governor in Council made on the
        recommendation of the Authority and published in the Government
        Gazette;

fuel burning equipment means-

   (a)  any machine, engine, generator, vessel, dredge, railway locomotive or
        crane;

   (b)  any furnace, boiler, fireplace, oven, retort, kiln, incinerator, open
        fire or chimney; or

   (c)  any other apparatus, device, mechanism or structure- in the operation
        of which fuel or other combustible material is or is to be used or
        which is or is to be used in or in connection with the burning of fuel
        or other combustible material, but does not include a motor vehicle;

groundwater means any water contained in or occurring in a geological
structure or formation or an artificial land fill;

highway means-

   (a)  any street, road, lane, bridge, thoroughfare or other place open to or
        used by members of the public for passage by motor vehicles; and

   (b)  any public car park;

industrial plant means-

   (a)  any plant or equipment used for the manufacturing, processing,
        handling, transport, storage or disposal of materials (including raw
        materials, materials in the process of manufacture, manufactured
        materials, by-products and waste materials) in or in connection with
        any trade, industry or process; or

   (b)  any plant or equipment of a prescribed class or description- but does
        not include fuel burning equipment or a motor vehicle;

industrial waste means-

   (a)  any waste arising from commercial, industrial or trade activities or
        from laboratories; or

   (b)  any waste containing substances or materials which are potentially
        harmful to human beings or equipment;

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licence means a licence issued under this Act;

litter includes any solid or liquid domestic or commercial waste, refuse,
debris or rubbish and, without limiting the generality of the above, includes
any waste glass, metal, plastic, paper, fabric, wood, food, soil, sand,
concrete or rocks, abandoned vehicles, abandoned vehicle parts and garden
remnants and clippings, but does not include any gases, dust or smoke or any
waste that is produced or emitted during, or as a result of, any of the normal
operations of the mining, building or manufacturing industry or of any primary
industry; litter authority includes-

   (a)  the Authority;

   (b)  any other body created by or under an Act;

   (c)  any government department;

   (d)  any municipal council;

   (e)  any protection agency;

   (f)  any body declared by Order of the Governor in Council under section
        45C to be a litter authority; litter enforcement officer means-

   (a)  an authorized officer;

   (b)  in relation to any land or waters in a council's municipal district,
        an officer of the council appointed by the council as a litter
        enforcement officer;





   (c)  in relation to-

   (i)  land or waters under the control or management of a litter authority;
        or

   (ii) any offence that may result in litter appearing on any such land or
        waters (regardless of where the offence occurs)- an officer of the
        litter authority appointed by it as a litter enforcement officer;

   (d)  a member of the police force;

   (e)  in relation to any bus, tram, watercraft, rail vehicle or aircraft
        that is being used for a public purpose, a person appointed as a
        litter enforcement officer by the litter authority that owns or
        manages that vehicle; metropolitan council means-

   (a)  Banyule City Council;

   (b)  Bayside City Council;

   (c)  Boroondara City Council;

   (d)  Brimbank City Council;

   (e)  Cardinia Shire Council;

   (f)  Casey City Council;

   (g)  Darebin City Council;

   (h)  Frankston City Council;

   (i)  Glen Eira City Council;

   (j)  Greater Dandenong City Council;

   (k)  Hobsons Bay City Council;

   (l)  Hume City Council;

   (m)  Kingston City Council;

   (n)  Knox City Council;

   (o)  Manningham City Council;

   (p)  Maribyrnong City Council;

   (q)  Maroondah City Council;

   (r)  Melbourne City Council;

   (s)  Melton Shire Council;

   (t)  Monash City Council;

   (u)  Moonee Valley City Council;

   (v)  Moreland City Council;

   (w)  Nillumbik Shire Council;

   (x)  Port Phillip City Council;

   (y)  Stonnington City Council;

   (z)  Whitehorse City Council;

   (za) Whittlesea City Council;

   (zb) Wyndham City Council;

   (zc) Yarra City Council;

   (zd) Yarra Ranges Shire Council;

metropolitan districts are the municipal districts listed in Schedule C on the
date section 9 of the Environment Protection (Resource Recovery) Act 1992 came
into operation; Metropolitan Local Governments' Waste Forum means the body
established by section 49T;



metropolitan Melbourne means the region constituted by the municipal districts
of the metropolitan councils;

Metropolitan Waste and Resource Recovery Strategic Plan means the Plan
required by section 50B;



Metropolitan Waste Management Group means the body corporate established by
section 50;





monitoring programme means all actions taken and equipment used for the
purpose of detecting or measuring quantitatively or qualitatively the presence
amount or level of any substance, characteristic, or effect;

motor boat means a vessel within the meaning of the Marine Act 1988 which has
an engine and does not exceed 20 metres in length;





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motor vehicle has the same meaning as in the Road Safety Act 1986;

municipal waste means any waste arising from municipal or residential
activities, and includes waste collected by, or on behalf of, a municipal
council, but does not include any industrial waste;

National Environment Protection Council means the National Environment
Protection Council established by section 8 of the
National Environment Protection Council (Victoria) Act 1995;

national environment protection measure means a national environment
protection measure made under section 14(1) of the
National Environment Protection Council (Victoria) Act 1995;

new vehicle means a vehicle that has not been owned by anyone other than a
vehicle-

   (a)  manufacturer or assembler; or

   (b)  importer or exporter; or

   (c)  dealer- in his, her or its capacity as a manufacturer, assembler,
        importer, exporter or dealer;

noise includes vibration;



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notifiable chemical means a chemical-

   (a)  for which the Authority has certified that there is not available and
        accessible in Victoria a satisfactory facility for the destruction or
        disposal of the chemical or the nature of the chemical is such that
        the location, storage or handling of which may cause an environmental
        hazard; and

   (b)  which is prescribed or declared to be a notifiable chemical;

occupier in relation to any premises includes a person who is in occupation or
control of the premises whether or not that person is the owner of the
premises and in relation to premises different parts of which are occupied by
different persons means the respective persons in occupation or control of
each part;

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ozone-depleting substance means any chlorofluorocarbon, halon,
hydrochlorofluorocarbon or any other substance prescribed to be an
ozone-depleting substance;

permit means-

   (a)  a permit to transport prescribed waste or prescribed industrial waste
        issued under Part IXA; and

   (b)  a permit to construct, install or alter a septic tank system issued
        under Part IXB; person who undertakes the scheduled activity means the
        occupier of the premises at which a scheduled activity is being
        undertaken;



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plastic bag means a carry bag, the body of which comprises polymers in whole
or part, provided by a retailer for the carrying or transporting of goods, but
does not include a carry bag which complies with prescribed design criteria;

policy means a State environment protection policy or a waste management
policy;





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pollute includes causing or permitting pollution;



polluted means the condition of the environment described and referred to in
section 39(1), 41(1) or 45(1) as the case may be;



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premises includes messuages, buildings, lands, and hereditaments of every
tenure and any machinery, plant, appliance, or vehicle used in connexion with
any trade carried on at any premises and includes a ship;

prescribed means prescribed by or under this Act or continued in operation by
this Act;

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protection agency means any person or body, whether corporate or
unincorporate, having powers or duties under any other Act with respect to the
environment or any segment of the environment in any part or parts of
Victoria;

regional waste management plan means a plan approved by the Authority under
section 50R;

register of scheduled activities means the register kept under section 26G;



registered owner means-

   (a)  in relation to a motor vehicle-the person who is registered under the
        Road Safety Act 1986 as the registered operator of the motor vehicle;
        and

   (b)  in relation to a motor boat-the person who is registered under the
        Marine Act 1988 as the registered owner of the motor boat;

   (c)  in relation to any other vehicle-the person who owns the vehicle
        (whether the vehicle is registered in any way or not);

regulation means regulation made under this Act;

research, development and demonstration approval means an approval issued by
the Authority under section 19E;





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scheduled activity means-

   (a)  the use at a premises of environmental resources in excess of the
        threshold prescribed for resources of a kind prescribed for the
        purposes of this definition; or

   (b)  the disposal of waste off-site from a premises in excess of the
        threshold prescribed for wastes of a kind prescribed for the purposes
        of this definition; scheduled premises means any premises-

   (a)  prescribed by regulation; or

   (b)  which is of a class prescribed by regulation as premises at or from
        which-

   (i)  waste is, or is likely to be, discharged, emitted or deposited to the
        environment; or

   (ii) noise is, or is likely to be, emitted; or

   (iii) waste is, or substances which are a danger or potential danger to the
        quality of the environment or any segment of the environment are,
        reprocessed, treated, stored, contained, disposed of or handled; or

   (iv) any activity is conducted which creates a state of potential danger to
        the quality of the environment or any segment of the environment;

segment in relation to the environment means any portion or portions of the
environment expressed in terms of volume, space, area, quantity, quality, or
time or any combination thereof;

sell includes-

   (a)  agree to sell; and

   (b)  offer or expose for sale; and

   (c)  have in possession for the purpose of sale; and

   (d)  barter or exchange; and

   (e)  cause or permit to be done any of the above;

ship includes every description of vessel or craft;

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State environment protection policy means a policy declared by the Governor in
Council under section 16;





statement of environmental audit means a statement issued by an environmental
auditor which-

   (a)  states that the condition of the segment of the environment specified
        in the statement is or is potentially detrimental to any beneficial
        use of that segment; and

   (b)  if the condition of the segment of the environment specified in the
        statement is not or is not potentially detrimental to a particular
        beneficial use of that segment, so states; Sustainability Victoria
        means Sustainability Victoria established by section 5 of the
        Sustainability Victoria Act 2005;

trade means any trade business or undertaking whether ordinarily carried on at
fixed premises or at varying places which results in the discharge of wastes
and includes any activity prescribed to be a trade, business, or undertaking
for the purposes of this Act;

this Act includes proclamations, Orders in Council and regulations made under
this Act;

Tribunal means Victorian Civil and Administrative Tribunal established by the
Victorian Civil and Administrative Tribunal Act 1998;

use includes cause or permit to be used;



waste includes-

   (a)  any matter whether solid, liquid, gaseous or radio-active which is
        discharged, emitted or deposited in the environment in such volume,
        constituency or manner as to cause an alteration in the environment;

   (b)  any discarded, rejected, unwanted, surplus or abandoned matter;

   (c)  any otherwise discarded, rejected, abandoned, unwanted or surplus
        matter intended for-

   (i)  recycling, reprocessing, recovery or purification by a separate
        operation from that which produced the matter; or

   (ii) sale; and

   (d)  any matter prescribed to be waste; waste management facility includes
        a landfill, a transfer station, a composting facility, a facility to
        store or contain solid waste and a material recovery facility;

waste management policy means a policy declared by the Governor in Council
under section 16A;



waters includes any reservoir, tank, billabong, anabranch, canal, spring,
swamp, natural or artificial channel, lake, lagoon, waterway, dam, tidal
water, coastal water or groundwater;

works approval means an approval of works issued under section 19B.



(2) Any reference in this Act to waters includes a reference to-

   (a)  the bed and sub-soil lying beneath those waters;

   (b)  the air space superjacent to those waters; and

   (c)  an open, piped or underground drain-

but does not include a reference to a drain which conveys waste to or which
forms part of any works for the treatment of waste.

(2A) A reference in this Act to waters includes a reference to the waters of
the River Murray in respect of litter that has been deposited into, or on to,
the waters of the River Murray from the Victorian bank of the River Murray.

(2B) This Act extends to, and applies to, the deposit of litter into, or on
to, the waters of the River Murray from any premises that is in Victoria and
extends to, and applies in relation to, any proceedings brought in relation to
the deposit.

(3) For the purposes of this Act, the definition of "occupier"-

   (a)  subject to paragraph (b), does not include a person being a financial
        institution and acting solely as a holder of a security interest in
        the premises, or as a mortgagee in possession, or which is, or
        appoints, a controller of the premises;



   (b)  does include a person being a financial institution when acting as a
        mortgagee in possession or which is, or appoints, a controller of the
        premises-

   (i)  for the purposes of the abatement of any environmental hazard in
        respect of the premises pursuant to a notice under section 31A, 31B or
        62A; or

   (ii) having possession and day to day active management and control of the
        premises (other than in respect of pollution that occurred prior to
        the financial institution becoming mortgagee in possession or becoming
        or appointing a controller).

(3A) In subsection (3), controller means a receiver, or a receiver and
manager, of the premises, or anyone else who is in possession or has control
of the premises for the purpose of enforcing a security.



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(4) Where a word or phrase is given a particular meaning in this Act, other
parts of speech and grammatical forms of that word or phrase have, unless the
contrary intention appears, corresponding meanings.

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