Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 70

Environment Protection Fund

70. Environment Protection Fund



(1) There shall be kept in the Treasury in the Public Account as part of the
Trust Fund an account to be called the "Environment Protection Fund".

(2) Any moneys standing to the credit of the said fund may be invested in such
securities as are approved by the Treasurer.

(3) Into the Environment Protection Fund there shall be paid-

   (a)  any moneys provided by Parliament for the purpose; and

   (aa) any money collected as levy under section 24A; and



   (ab) any money collected as a levy under section 50S(2); and





   (aba) any other money collected as a levy under Division 3 of Part IX; and



   (ac) any money collected as a fee under section 53T(3); and



   (b)  any interest derived from the investment of moneys standing to the
        credit of the fund; and

   (c)  moneys repaid to the Treasurer upon advances made by the Treasurer
        under subsection (4) and interest thereon.

(4) Subject to subsection (6), out of the Environment Protection Fund the
Treasurer may make grants or advances to bodies incorporated under any Act for
a public purpose for or towards the cost of carrying out any necessary works
for the treatment or disposal of wastes in accordance with the provisions of
this Act and the regulations in circumstances where existing facilities are or
are likely to become inadequate for complying with the provisions of this Act.

(5) Advances under subsection (4) shall be subject to such conditions for the
repayment thereof and interest or otherwise as are agreed upon between the
Treasurer and the body concerned.

(5A) Money paid into the Environment Protection Fund under section 69(3)(c) is
to be applied by the Authority for the purposes of environment protection.

(6) Money paid into the Environment Protection Fund under subsection (3)(aa)
or (3)(ab) is to be applied by the Authority for the purposes of environment
protection.





(6A) Money paid into the Environment Protection Fund under subsection (3)(ac)
is to be applied by the Authority for the purposes of Part IXD.

(6B) Money paid into the Environment Protection Fund under subsection (3)(aba)
may only be applied in one or more of the following ways-

   (a)  in accordance with regulations specifying who the money is to be paid
        to, and how the amounts to be paid are to be calculated;

   (b)  with the consent of both the Minister and the Treasurer, for the
        purposes of fostering environmentally sustainable uses of resources
        and best practices in waste management to advance the social and
        economic development of Victoria.

(6C) Despite subsection (6B), until the Minister publishes a notice in the
Government Gazette stating that this subsection ceases to apply, all money
paid into the Environment Protection Fund under subsection (3)(aba) is to be
applied as if-

   (a)  sections 52A(3) and 52B were still in force; and

   (b)  a reference in those sections to the Fund was a reference to the
        Environment Protection Fund.

(7) There may be paid out of the Environment Protection Fund-



   (a)  any amount the Authority is required to pay to a person as a refund of
        any levy paid under Division 3 of Part IX; and

   (b)  any amount needed to refund any money paid into the Fund under
        subsection (3)(ab) or (3)(aba) as a result of a miscalculation or
        other error.