Environment Protection Act 1970 (Vic)

Version No. 216

Environment Protection Act 1970

No. 8056 of 1970

Version incorporating amendments as at

24 March 2021

table of provisions

Section  Page

Part I—Introduction

1Short title and commencement

1APurpose of Act

1BPrinciple of integration of economic, social and environmental considerations

1CThe precautionary principle

1DPrinciple of intergenerational equity

1EPrinciple of conservation of biological diversity and ecological integrity

1FPrinciple of improved valuation, pricing and incentive mechanisms

1GPrinciple of shared responsibility

1HPrinciple of product stewardship

1IPrinciple of wastes hierarchy

1JPrinciple of integrated environmental management

1KPrinciple of enforcement

1LPrinciple of accountability

2Application of Act

3Extra-territorial application of Act

4Definitions

Part II—Environment protection bodies

13Powers, duties and functions of Authority

Part III—Environment protection

Division 1—Declaration of policy

16State environment protection policy

16AWaste management policy

17Orders may make provisions for certain matters

17AOrder may incorporate NEPM

18Content of Orders

18APreparation of policies

18BCertification of waste management policies

18CPolicy impact assessment

18DConsideration of Order by Parliament

18ESaving of former industrial waste management policies

19Review of policies

Division 1A—Economic measures

19AAEconomic measures

19ABTradeable emission scheme

19ACOffence

Division 1B—Neighbourhood environment improvement plans

19ADDefinitions

19AESubmission of voluntary proposal

19AFImpetus for a directed proposal

19AGSubmission of directed proposal

19AHEndorsement of a directed or voluntary proposal

19AIApproval of neighbourhood environment improvement plan

19AJReview and amendment of approved neighbourhood environment improvement plan

19AKConsideration of guidelines by Parliament

Division 2—Works approval

19AScheduled premises

19BWorks approval

19CPower of Authority to amend works approval

19CADuration of works approval

19DApplication for research, development and demonstration approval

19EConsideration of application

19FDuration and effect of approval

19GOffences

Division 3—Control of wastes and noise

20Licensing of certain premises

20AAmendment of licence

20AAJoint advertisement

20BConferences

20CConsideration of policy

21Special conditions

22Power of Authority to require further information

23Register of works approvals and licences

23ASurrender of licence

24Fees in respect of licences and works approvals

24AEnvironment protection levy

25Transfer of works approvals or licences

26Duration of licence

Division 4—Accreditation

26AApplication for accreditation

26BGrant of accreditation

26DAdministrative arrangements

26EReview of accreditation

Division 5—Offences and powers of the Authority

27Offences

27AOffences relating to industrial waste

28Orders to public authorities etc. to curtail services etc.

28APower to require information

28BAbatement notice

30Liability of licence holder

30AAuthority may authorise emergency storage, use etc. of waste

30BDefence to offence

30CNotifiable chemicals

30DOrder relating to notifiable chemicals

31Authority may order licensed persons to cease discharge etc. in certain circumstances

31APollution abatement notice

31BMinor works pollution abatement notice

31CEnvironment improvement plan

31DAnnual performance statement

Part IV—Reviews by Tribunal

32Jurisdiction of Tribunal

33Reviews with respect to works approvals

33AReviews with respect to licences

33BApplications for review by third parties

33CWhat matters can Tribunal consider in reviews of conditions of works approvals and licences?

34Reviews in respect of section 28B notices

35Reviews in respect of notices under section 31A

35AReviews in respect of directions under section 19AG

36Certain notices do not take effect pending review

36AAReviews in respect of section 45Y directions and litter abatement notices

36AReviews in respect of permits

36BReviews of fees

36BAReviews in respect of section 49AF, 49AH or 49AL requirements

36CReviews in respect of financial assurances under section 67B(7)

36DApplication for declaration

36EParties not restricted to grounds previously notified

37Powers of Tribunal

37AMatters Tribunal must take into account

Part V—Clean water

38Discharges etc. to comply with policy

39Pollution of waters

Part VI—Clean air

40Discharges etc. to comply with policy

41Pollution of atmosphere

42Particular offence

42AProhibition of sale or offering for sale of petrol containing excess lead

42BUnleaded petrol

43Penalty

43AProvision concerning motor vehicles

Part VII—Control of solid wastes and pollution of land

44Discharge or deposit of waste onto land to comply with policy

45Pollution of land

Part VIIA—Litter and material that may become litter

Division 1—Preliminary matters

45AObject of Part

45BDefinitions

45CGovernor in Council may declare body to be a litter authority

45DPart does not apply to environment protection offences

Division 2—Littering offences

45EDeposit of litter generally

45FAggravated littering

45GOwners, drivers etc. of vehicles from which litter deposited liable for littering

45HOther exceptions to section 45G

45IForm of statutory declaration

45JNotice to accompany infringement notice or charge-sheet using section 45G

Division 3—Offences concerning material that may become litter

45KMeaning of unsolicited document

45LUnsolicited documents must be put in mailboxes etc.

45MAdvertising material not to be deposited in certain mailboxes etc.

45NLeaflets etc. not to be placed on vehicles

45OBill posting not to occur without consent

45PAdvertiser must disclose name of distributor

45QDistributor must disclose name of depositor

45RPerson who commissions document must ensure that it does not become litter

Division 4—Other offences

45SOffence to ask person to commit offence

45TOffence to deface or set fire to public litter receptacles

45UOffences concerning the loading of vehicles

Division 5—Removal of litter and disorderly things

45VLitterer must remove litter if asked

45WCourt may order removal of litter

45XPerson may be directed to remove litter

45YPerson may be directed to remove disorderly etc. objects or things

45ZAuthority may remove litter or object or thing if direction not complied with

45ZAOccupier may recover cost of removing litter from litterer

Division 6—Prevention of litter

45ZBLitter abatement notice

45ZCPeriod for which notice remains in force

45ZDForm of notice

45ZEAmendment or revocation of notice

Division 7—Particular litter enforcement powers

45ZFPowers of entry of litter enforcement officers

45ZGRequirement to give name and address

45ZHOfficers must identify themselves

45ZILitter enforcement officer may require certain people to give information

45ZJOfficer may require information to be in writing

45ZKReports of offences

45ZLSavings provisions

Division 8—Banned plastic bags

45ZMRetailer must not provide banned plastic bags

45ZNProvision of false or misleading information relating to banned plastic bags

Part VIII—Control of noise

46Emission of noise to comply with policy

48Objectionable noise an offence

48AUnreasonable noise from residential premises

48ABNoise from entertainment venues

48BSpecial provision concerning motor vehicles

48CSpecial provision concerning vessels

48DOffences concerning manufacture and sale of equipment etc.

Part IX—Resource efficiency

Division 1—Preliminary

49Objects of this Part

49ADefinitions

Division 1A—Sustainability covenants

49AASustainability covenants

49ABMeaning of member of an industry

49ACAuthority may enter into sustainability covenants

49ADDeclaration that industry may have a significant impact on the environment

49ADADeclaration may be disallowed

49AEProcedure to be followed before recommendation made

49AFAuthority may require statement of ecological impact

49AGStatement of ecological impact may also be required if industry fails to create covenant

49AHRequirement to take action to address major inefficiencies or impacts

49AIHow requirements under sections 49AF, 49AG and 49AH are to be made

49AJRestriction concerning public notice requirements

49AKHow statements of ecological impact to be produced

49ALAuthority may amend requirement

49AMOffence to fail to comply with Authority requirement

49ANGuidelines for the production of statements

49AOAuthority may conduct audits

49APListing of covenants and statements to be kept

Division 2—Local Government Waste Forums

49BLocal Government Waste Forums

Division 2AA—Waste and Resource Recovery Groups

49CWaste and Resource Recovery Groups

49DCommencement of Waste and Resource Recovery Groups

49EWaste and Resource Recovery Groups do not represent the Crown

49FA Waste and Resource Recovery Group is a public body and a public entity

49GObjectives of Waste and Resource Recovery Groups

49HFunctions of Waste and Resource Recovery Groups

49IPowers of Waste and Resource Recovery Groups

49JBoard of directors of Waste and Resource Recovery Groups

49KThe directors of Waste and Resource Recovery Groups

49LConditions of appointment of directors of Waste and Resource Recovery Groups

49MMeetings of Waste and Resource Recovery Groups

49NDisclosure of interests of directors of Waste and Resource Recovery Groups

49OValidity of decisions of Waste and Resource Recovery Groups

49PPower of delegation of Waste and Resource Recovery Groups

49QExecutive officers and Chief Executive Officer of Waste and Resource Recovery Groups

49RStaff of Waste and Resource Recovery Groups

49SMinister may give directions to a Waste and Resource Recovery Group

49SAProcurement directions and guidelines for Waste and Resource Recovery Groups

49SBAnnual business plans of Waste and Resource Recovery Groups

49SCApplication of Local Government Act 1989

Division 2AB—Victorian Waste and Resource Recovery Infrastructure Planning Framework

50Definition of the Victorian Waste and Resource Recovery Infrastructure Planning Framework

50AObjectives of the Victorian Waste and Resource Recovery Infrastructure Planning Framework

Division 2AC—State-Wide Waste and Resource Recovery Infrastructure Plan

50AAPreparation of the State-Wide Waste and Resource Recovery Infrastructure Plan and its objective

50ABContent of State-Wide Waste and Resource Recovery Infrastructure Plan

50ACConsultation during preparation of State-Wide Waste and Resource Recovery Infrastructure Plan

50ADMinister’s powers with respect to State-Wide Waste and Resource Recovery Infrastructure Plan

50AEPublication of approval of State-Wide Waste and Resource Recovery Infrastructure Plan

50AFPublication of State-Wide Waste and Resource Recovery Infrastructure Plan

50AGAmendment and variation of State-Wide Waste and Resource Recovery Infrastructure Plan

50AHReview of State-Wide Waste and Resource Recovery Infrastructure Plan

Division 2AD—Regional Waste and Resource Recovery Implementation Plans

50BPreparation of draft Regional Waste and Resource Recovery Implementation Plans

50BAObjective of Regional Waste and Resource Recovery Implementation Plans

50BBContent of Regional Waste and Resource Recovery Implementation Plans

50BCConsultation during preparation of Regional Waste and Resource Recovery Implementation Plans

50BDFurther preparation of Regional Waste and Resource Recovery Implementation Plans

50BEPublication of approval of Regional Waste and Resource Recovery Implementation Plans

50BFPublication of Regional Waste and Resource Recovery Implementation Plans

50BGAmendment of Regional Waste and Resource Recovery Implementation Plans

50BHConsistency with Regional Waste and Resource Recovery Implementation Plans

Division 2AE—Other provisions for the State-Wide Waste and Resource Recovery Infrastructure Plan and Regional Waste and Resource Recovery Implementation Plans

50CAuthority may refuse applications for certain facilities if Plans not observed

50CAGuidelines for Plans

Division 3—Landfill levy

50SLandfill levy—amount payable

50SARebate for recycled waste

50SAARebate for recycled prescribed industrial waste

50SABRebate for cover material

50SBPayment of the levy

50SCRefunds by the Authority

50TPremises that may not be levied

50UCalculation of estimates of weight

50VRequirement to keep appropriate records

50WRequirement to provide Authority with information concerning levy

50WAInformation about waste categories must be given

50XAuthority may increase low estimates

50XATribunal may review revised estimates

50XBRights and powers of the Authority if levy not paid

50XCAgreement to offset refund owing

Division 4—Industry waste reduction agreements

51Application of this Division

51AIndustry waste reduction agreements

51BCriteria to be satisfied before Authority enters into an agreement

51CMonitoring by the Authority

51DAmendments to agreements

51EAuthority may require a person to enter agreement

51FNotice of breach of agreement

51GReports to Parliament

Division 5—Amendment of Schedule C

51RGovernor in Council may amend Schedule C

Part IXA—Transport of prescribed waste

53Exemptions

53APermit required

53BObligation of consignor of waste

53CObligation to record and notify

53DObligation of producers of waste

53EContravention of permit condition

53FIssue of transport permits

53GFees

Part IXB—Septic tank systems

53JDefinitions

53KDeclaration of area by municipal council

53LPermit required

53MApplication for a permit

53MACompliance with permit

53MBApproval of septic tank system

53NMaintenance of septic tank systems

53OAnnual return

Part IXC—Regulation of waste emitting products

53PRegulations concerning products that may damage the environment

53QOffence to fail to comply with regulations

Part IXD—Environmental audits

53RPurpose of Part

53SAppointment of environmental auditor

53TFees paid by an environmental auditor

53UEngagement of an environmental auditor

53VEnvironmental audit report on risk caused by industrial process etc.

53WEnvironmental audit of condition of segment of environment

53XEnvironmental audit report on condition of segment of the environment

53YCertificate of environmental audit

53ZStatement of environmental audit

53ZAIncorrect certificate or statement of environmental audit

53ZBNotification

53ZCOffences

53ZDRevocation of environmental auditor appointment

53ZENotification of received statements

Part X—General

Division 1—Information to be given to the Authority

54Furnishing of information

54AFurnishing of information relating to emission of wastes or noise from motor vehicles

Division 1A—The Authority and the IBAC

54CMandatory notification of corrupt conduct to IBAC

54DConsultation prior to notification

54ECommunication of information to the IBAC

54FAuthority not to prejudice investigations of the IBAC

Division 2—Powers of the Authority and authorized officers

55Powers etc. of authorized officers

55AADefinitions

55AAuthority may require vehicle or ship to be made available for testing

55ABAppointment of approved testers

55ACCertificate of compliance

55BNotice for the making available of certain equipment for inspection etc.

55CProhibition of use of vehicle

56Giving name and address

Division 3—Evidentiary and other legal matters

57Authorized officers and analysts

57AReports and certificates

57BCertificate concerning ownership of vehicle

57CCertificate concerning litter offences

57DCertificate concerning presence of junk mail sign

58Reports and certificates may be served with summons

59Persons who may take proceedings

59AStatement to be evidence of authority

59AAExecution of documents by Authority

59ABEvidence

59ACAppearance in proceedings for an offence

59ADSummary jurisdiction in indictable offences

Division 4—Offences

59BOffences of a fraudulent nature

59COffences relating to monitoring equipment

59DOffence relating to false information

59EOffence of aggravated pollution

60Disclosure of information an offence

Division 5—Additional legal matters

60ANotification of notices

60BRevocation of notices

61Service of notices

61AEffect of notice of amendment which reprint document amended

62Abatement of pollution in certain cases

62ANotice to take clean up and on-going management measures

62BSpecial powers of authorized officers where imminent danger to life or limb or to the environment

62CPresumption that occupier caused discharge etc.

63Owner and master of ship each guilty of pollution from ship

63BInfringement notices

64Penalty for failing to obey order to abate pollution

64AAuthority may obtain injunction

65Saving of rights at law

65AOrders for compensation immediately after a finding of guilt

66Abatement of pollution by protection agency

66APower to Authority to designate agency to have specified responsibilities etc. in polluted areas

66BOffences by corporations and partnerships etc.

66CAuthority to be able to recover costs of analysis

67General penalty

67AAHigher penalty for certain intentional offences

67ACCourt may order offenders to take specified actions

67AAgreement to waive time limits

67BFinancial assurances

67CClaims on financial assurances

67DEnforceable undertakings

67EEnforcement of undertakings

67FGuidelines

67GRegister of undertakings

Division 6—Administrative and miscellaneous matters

68Delegation

68APower to delegate

68BProvisions applicable to delegations

69Fees and penalties to be paid to the Consolidated Fund

70Environment Protection Fund

70ARestrictions concerning the distribution of money derived from the general landfill levy

70BPriority statement

70CRestrictions concerning section 70A(b) guidelines

70DGeneral Landfill Levy Account

70EMunicipal and Industrial Landfill Levy Trust Account

70FSustainability Fund Account

71Regulations

72Provision for matter by reference

73Transitional provisions—Health and Human Services Legislation Amendment Act 2010

74Transitional provisions—Environment Protection and Sustainability Victoria Amendment Act 2014

Schedules

Schedule A—Infringements

Schedule C—Municipal districts to which section 50S(1) applies

Schedule D—Amount payable as landfill levy

Schedule DA—Amount payable as landfill levy from 1 July 2015 to 30 June 2021

Schedule DB—Amount payable as landfill levy from 1 July 2021

Schedule E—Amount payable as prescribed industrial waste landfill levy for each tonne deposited to land (in dollars)

Schedule F—Amount payable as prescribed industrial waste landfill levy for each tonne deposited on to land (in dollars) from 1 July 2021

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 216

Environment Protection Act 1970

No. 8056 of 1970

Version incorporating amendments as at

24 March 2021

An Act to establish an Environment Protection Authority, to make Provision with respect to the Powers, Duties, and Functions of that Authority, to make further Provision for the Protection of the Environment and for other Purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

Part I—Introduction

1Short title and commencement

(1)This Act may be cited as the Environment Protection Act 1970.

(2)The several provisions of this Act shall come into operation on a day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

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1APurpose of Act

(1)The purpose of this Act is to create a legislative framework for the protection of the environment in Victoria having regard to the principles of environment protection.

(2)The principles of environment protection are set out in sections 1B to 1L.

(3)It is the intention of Parliament that in the administration of this Act regard should be given to the principles of environment protection.

1BPrinciple of integration of economic, social and environmental considerations

(1)Sound environmental practices and procedures should be adopted as a basis for ecologically sustainable development for the benefit of all human beings and the environment.

(2)This requires the effective integration of economic, social and environmental considerations in decision making processes with the need to improve community well-being and the benefit of future generations.

(3)The measures adopted should be cost-effective and in proportion to the significance of the environmental problems being addressed.

1CThe precautionary principle

(1)If there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.

(2)Decision making should be guided by—

(a)a careful evaluation to avoid serious or irreversible damage to the environment wherever practicable; and

(b)an assessment of the risk-weighted consequences of various options.

1DPrinciple of intergenerational equity

The present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.

1EPrinciple of conservation of biological diversity and ecological integrity

The conservation of biological diversity and ecological integrity should be a fundamental consideration in decision making.

1FPrinciple of improved valuation, pricing and incentive mechanisms

(1)Environmental factors should be included in the valuation of assets and services.

(2)Persons who generate pollution and waste should bear the cost of containment, avoidance and abatement.

(3)Users of goods and services should pay prices based on the full life cycle costs of providing the goods and services, including costs relating to the use of natural resources and the ultimate disposal of wastes.

(4)Established environmental goals should be pursued in the most cost effective way by establishing incentive structures, including market mechanisms, which enable persons best placed to maximise benefits or minimise costs to develop solutions and responses to environmental problems.

1GPrinciple of shared responsibility

(1)Protection of the environment is a responsibility shared by all levels of Government and industry, business, communities and the people of Victoria.

(2)Producers of goods and services should produce competitively priced goods and services that satisfy human needs and improve quality of life while progressively reducing ecological degradation and resource intensity throughout the full life cycle of the goods and services to a level consistent with the sustainability of biodiversity and ecological systems.

1HPrinciple of product stewardship

Producers and users of goods and services have a shared responsibility with Government to manage the environmental impacts throughout the life cycle of the goods and services, including the ultimate disposal of any wastes.

1IPrinciple of wastes hierarchy

Wastes should be managed in accordance with the following order of preference—

(a)avoidance;

(b)re-use;

(c)re-cycling;

(d)recovery of energy;

(e)treatment;

(f)containment;

(g)disposal.

1JPrinciple of integrated environmental management

If approaches to managing environmental impacts on one segment of the environment have potential impacts on another segment, the best practicable environmental outcome should be sought.

1KPrinciple of enforcement

Enforcement of environmental requirements should be undertaken for the purpose of—

(a)better protecting the environment and its economic and social uses;

(b)ensuring that no commercial advantage is obtained by any person who fails to comply with environmental requirements;

(c)influencing the attitude and behaviour of persons whose actions may have adverse environmental impacts or who develop, invest in, purchase or use goods and services which may have adverse environmental impacts.

1LPrinciple of accountability

(1)The aspirations of the people of Victoria for environmental quality should drive environmental improvement.

(2)Members of the public should therefore be given—

(a)access to reliable and relevant information in appropriate forms to facilitate a good understanding of environmental issues;

(b)opportunities to participate in policy and program development.

*                *                *                *                *

2Application of Act

(1)This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

(2)This Act does not apply to a radiation source within the meaning of the Radiation Act 2005 unless a condition of pollution or an environmental hazard has arisen or is likely to arise.

3Extra-territorial application of Act

(1)This Act extends to and applies to and in relation to the territorial seas adjacent to the coasts of Victoria.

(1A)This Act extends to and applies to the discharge of waste to the River Murray from any premises situated in Victoria and extends to and applies in relation to any licence issued or proceedings brought in relation to such discharge.

(2)Where the provisions of this Act or of any regulations or orders made under this Act are inconsistent with any of the provisions of any other Act, or of any regulations, by-laws, or other laws made under any other Act the provisions of this Act or of the regulations or orders made under this Act shall prevail.

4Definitions

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

accreditation means accreditation granted under section 26B;

*                *                *                *                *

amend includes to add, delete, discharge or vary;

analysisincludes 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;

*                *                *                *                *

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;

banned plastic bag means—

(a)a bag, other than an exempt plastic bag—

(i)with handles; and

(ii)that comprises, either wholly or partly, plastic, whether or not that plastic is biodegradable, degradable or compostable; and

(iii)that has a thickness of 35 micrometres or less at any part of the bag; or

(b)a prescribed banned plastic bag;

barrier bag means a bag that—

(a)comprises, either wholly or partly, plastic; and

(b)does not have handles; and

(c)is used to carry unpackaged perishable food;

Barwon South West Waste and Resource Recovery Group means the Waste and Resource Recovery Group established for the Barwon South West Waste and Resource Recovery Region;

Barwon South West Waste and Resource Recovery Region means the region that consists of the municipal districts of the following councils—

(a)Borough of Queenscliffe Council;

(b)Colac-Otway Shire Council;

(c)Corangamite Shire Council;

(d)Glenelg Shire Council;

(e)Greater Geelong City Council;

(f)Moyne Shire Council;

(g)Southern Grampians Shire Council;

(h)Surf Coast Shire Council;

(i)Warrnambool City Council;

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;

*                *                *                *                *

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;

*                *                *                *                *

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;

*                *                *                *                *

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;

corrupt conduct has the meaning given in section 4 of the Independent Broad-based Anti-corruption Commission Act 2011;

council means a Council within the meaning of section 3(1) of the Local Government Act 2020;

*                *                *                *                *

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;

*                *                *                *                *

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;

exempt plastic bag means a bag that comprises, either wholly or partly, plastic that—

(a)is a barrier bag; or

(b)is an integral part of the packaging in which goods are sealed or provided for sale; or

(c)is a prescribed exempt plastic bag;

fee unitmeans a fee unit calculated in accordance with section 5(3) of the Monetary Units Act 2004;

financial institution means—

*                *                *                *                *

(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;

Gippsland Waste and Resource Recovery Group means the Waste and Resource Recovery Group established for the Gippsland Waste and Resource Recovery Region;

Gippsland Waste and Resource Recovery Region means the region that consists of the municipal districts of the following councils—

(a)Bass Coast Shire Council;

(b)Baw Baw Shire Council;

(c)East Gippsland Shire Council;

(d)Latrobe City Council;

(e)South Gippsland Shire Council;

(f)Wellington Shire Council;

Goulburn Valley Waste and Resource Recovery Group means the Waste and Resource Recovery Group established for the Goulburn Valley Waste and Resource Recovery Region;

Goulburn Valley Waste and Resource Recovery Region means the region that consists of the municipal districts of the following councils—

(a)Campaspe Shire Council;

(b)Greater Shepparton City Council;

(c)Mitchell Shire Council;

(d)Moira Shire Council;

(e)Murrindindi Shire Council;

(f)Strathbogie Shire Council;

Grampians Central West Waste and Resource Recovery Group means the Waste and Resource Recovery Group established for the Grampians Central West Waste and Resource Recovery Region;

Grampians Central West Waste and Resource Recovery Region means the region that consists of the municipal districts of the following councils—

(a)Ararat Rural City Council;

(b)Ballarat City Council;

(c)Central Goldfields Shire Council;

(d)Golden Plains Shire Council;

(e)Hepburn Shire Council;

(f)Hindmarsh Shire Council;

(g)Horsham Rural City Council;

(h)Moorabool Shire Council;

(i)Northern Grampians Shire Council;

(j)Pyrenees Shire Council;

(k)West Wimmera Shire Council;

(l)Yarrambiack Shire Council;

greenhouse gas substance means—

(a)carbon dioxide, methane, nitrous oxide or sulphur hexafluoride, whether in a gaseous or liquid state; or

(b)a hydrofluorocarbon or a perfluorocarbon, whether in a gaseous or liquid state, that is specified in regulations made under the National Greenhouse and Energy Reporting Act 2007 of the Commonwealth;

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;

IBAC means the Independent Broad-based Anti-corruption Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011;

IBAC personnel has the same meaning as it has in the Victorian Inspectorate Act 2011;

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;

(g)the Secretary, being the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;

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 police officer;

(da)in relation to a designated place within the meaning of the Victoria Police Act 2013 or the vicinity of such a place—a protective services officer appointed under the Victoria Police Act 2013 who is on duty at that designated place;

(db)in relation to any land or waters managed under a relevant law (within the meaning of the Conservation, Forests and Lands Act 1987) a person appointed under Part 3 of the Game Management Authority Act 2014;

(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;

(f)a person appointed as an authorised officer under Part 3 of the Victorian Fisheries Authority Act 2016 for the purpose of this Act;

(g)a person appointed by the Secretary, being the body corporate established by Part 2 ofthe Conservation, Forests and Lands Act 1987, as a litter enforcement officer in respect of any land managed under a relevant law within the meaning of that Act;

Local Government Waste Forum means a body established under section 49B;

Loddon Mallee Waste and Resource Recovery Group means the Waste and Resource Recovery Group established for the Loddon Mallee Waste and Resource Recovery Region;

Loddon Mallee Waste and Resource Recovery Region means the region that consists of the municipal districts of the following councils—

(a)Buloke Shire Council;

(b)Gannawarra Shire Council;

(c)Greater Bendigo City Council;

(d)Loddon Shire Council;

(e)Macedon Ranges Shire Council;

(f)Mildura Rural City Council;

(g)Mount Alexander Shire Council;

(h)Swan Hill Rural City Council;

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Metropolitan Waste and Resource Recovery Group means the Waste and Resource Recovery Group established for the Metropolitan Waste and Resource Recovery Region;

Metropolitan Waste and Resource Recovery Region means the region that consists of the municipal districts of the following councils—

(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)Mornington Peninsula Shire Council;

(x)Nillumbik Shire Council;

(y)Port Phillip City Council;

(z)Stonnington City Council;

(za)Whitehorse City Council;

(zb)Whittlesea City Council;

(zc)Wyndham City Council;

(zd)Yarra City Council;

(ze)Yarra Ranges Shire Council;

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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;

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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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North East Waste and Resource Recovery Group means the Waste and Resource Recovery Group established for the North East Waste and Resource Recovery Region;

North East Waste and Resource Recovery Region means the region that consists of the municipal districts of the following councils—

(a)Alpine Shire Council;

(b)Benalla Rural City Council;

(c)Falls Creek Alpine Resort Management Board;

(d)Indigo Shire Council;

(e)Mansfield Shire Council;

(f)Mount Hotham Alpine Resort Management Board;

(g)Mount Buller and Mount Stirling Alpine Resort Management Board;

(h)Towong Shire Council;

(i)Wangaratta Rural City Council;

(j)Wodonga City Council;

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;

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police officer has the same meaning as in the Victoria Police Act 2013;

policymeans 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;

public entity has the same meaning as it has in the Public Administration Act 2004;

Regional Waste and Resource Recovery Implementation Plan means a plan prepared in accordance with Division 2AD of Part IX;

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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 vessel—the person in whose name the vessel is registered under the Marine Safety Act 2010;

(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 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;

Secretary of the Department of Environment and Primary Industries means the Department Head of the Department of Environment and Primary Industries within the meaning of the Public Administration Act 2004;

Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;

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;

State-Wide Waste and Resource Recovery Infrastructure Plan means the plan prepared in accordance with Division 2AC of Part IX;

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;

vessel has the same meaning as it has in the Marine Safety Act 2010;

Victorian Waste and Resource Recovery Infrastructure Planning Framework has the meaning given in section 50;

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;

(ab)any greenhouse gas substance emitted or discharged into 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 and Resource Recovery Group means a body corporate established under section 49C;

waste and resource recovery region means any of the following—

(a)the Barwon South West Waste and Resource Recovery Region;

(b)the Gippsland Waste and Resource Recovery Region;

(c)the Goulburn Valley Waste and Resource Recovery Region;

(d)the Grampians Central West Waste and Resource Recovery Region;

(e)the Loddon Mallee Waste and Resource Recovery Region;

(f)the Metropolitan Waste and Resource Recovery Region;

(g)the North East Waste and Resource Recovery Region;

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.

Note

The provisions of the Environment Protection Act 2017, including the definitions in section 3(1) of that Act, are to be read as if they formed part of this Act (see section 4(1) of the Environment Protection Act 2017).

(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.

Part II—Environment protection bodies

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13Powers, 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;

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(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;

(ga)to recommend to the Governor in Council the making of statutory policies and regulations—

(i)to regulate the emission of greenhouse gas substances to contribute to the State's long-term emissions reduction target and interim emissions reduction targets under the Climate Change Act 2017; and

(ii)to regulate the emission and discharge of greenhouse gas substances to reduce harm to the environment;

(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 Victorian Public Sector Commission; 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 and comment on Regional Waste and Resource Recovery Implementation 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.

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Part III—Environment protection

Division 1—Declaration of policy

16State environment protection policy

(1)For the purposes of this Act the Governor in Council may, on the recommendation of the Authority, by Order published in the Government Gazette declare the environment protection policy to be observed with respect to the environment generally or in any portion or portions of Victoria or with respect to any element or elements or segment or segments of the environment.

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(1B)The Governor in Council may, by Order, declare State environment protection policy with respect to the removal, disposal or reduction of litter in the environment.

(1C)The Governor in Council, on the recommendation of the Authority, by Order published in the Government Gazette, may declare State environment protection policy with respect to the re-use and recycling of substances.

(2)Any Order made by the Governor in Council under this section may by Order of the Governor in Council published in the Government Gazette be revoked or varied.

16AWaste management policy

(1)For the purposes of this Act the Governor in Council may, on the recommendation of the Authority, by Order published in the Government Gazette declare the waste management policy to be observed with respect to any aspect of the management of waste in Victoria, including with respect to—

(a)the generation, storage, reprocessing, treatment, transport, containment and disposal, and generally the handling, of waste;

(b)the procedures to be implemented in the recycling, recovery, reclamation and re-use of waste and the use of recycled substances;

(c)the methods by which specified substances are to be disposed of;

(d)the routes and methods by which waste is to be transported;

(e)the location of treatment and disposal plants;

(f)the allocation of responsibility for waste management operations and disposal; and

(g)the use and disposal of notifiable chemicals.

(2)Any Order made by the Governor in Council under this section may, by Order of the Governor in Council published in the Government Gazette, be revoked or varied.

(3)Any reference to a State environment protection policy within the meaning of this Act in existence in any Act, statutory instrument, agreement or other document before the date of commencement of section 10 of the Environment Protection (Resource Efficiency) Act 2002 is deemed to continue to include a reference to a waste management policy after that date, unless a contrary intention appears.

17Orders may make provisions for certain matters

(1)In and by any Order made under section 16(1) the Governor in Council may, for securing the observance of State environment protection policy declared by the Order—

(a)classify any area or any segment or element of the environment in any area for the purposes of the Order;

(b)set aside any area or areas or any segment or segments of the environment within which the discharge, emission, or deposit of wastes or the emission of noise is prohibited or restricted as specified in the Order;

(c)specify requirements to be observed for carrying any such prohibition or restriction into effect; and

(d)delegate to any protection agency such of the powers of the Authority as are necessary for securing the observance of the Order.

(1A)In and by any Order made under section 16A the Governor in Council may, for securing the observance of waste management policy declared by the Order specify requirements to be observed for carrying into effect any aspect of that policy.

(2)In and by any Order made under section 16(1) or 16(1A), the Governor in Council may specify requirements for developing economic measures, including prescribing conditions to which particular schemes are subject and the circumstances under which the Authority may alter, suspend or terminate the entitlements held under a scheme.

17AOrder may incorporate NEPM

(1)In and by any Order made under section 16(1), 16(1C) or 16A(1) the Governor in Council may, subject to subsection (2), incorporate a national environment protection measure or vary a State environment protection policy or waste management policy so as to make the policy consistent with a national environment protection measure.

(2)If in and by any Order made under section 16(1), 16(1C) or 16A(1) as provided by subsection (1), it is proposed to incorporate a measure which is more stringent than a national environment protection measure so as to—

(a)reflect specific circumstances; or

(b)protect any special area or segment or element of the environment; or

(c)protect any special environmental value—

the Authority must consult with the National Environment Protection Council before recommending that the Order be made.

(3)Nothing in the National Environment Protection Council (Victoria) Act 1995 prevents the maintaining of an existing more stringent State environment protection policy or waste management policy in existence at the commencement of section 7 of that Act.

18Content of Orders

(1)State environment protection policy shall establish the basis for maintaining environmental quality sufficient to protect existing and anticipated beneficial uses in the area affected by the Order and in particular shall include in terms sufficiently clear to give an adequate basis for planning and licensing functions—

(a)the boundaries of any area affected;

(b)identification of the beneficial uses to be protected;

(c)selection of the environmental indicators to be employed to measure and define the environmental quality;

(d)a statement of the environmental quality objectives (where practicable); and

(e)the program if any by which the stated environmental quality objectives are to be attained and maintained including, where appropriate, the specification of—

(i)maximum quantities and qualities of waste permitted to be discharged to the environment;

(ii)maximum levels of noise permitted to be emitted to the environment;

(iii)minimum standards for the installation and operation of works or equipment for the control of waste or noise from specified sources or classes of premises; and

(iv)measures designed to minimize the possibility of the occurrence of pollution.

(2)Waste management policy is to include in terms sufficiently clear to give an adequate basis for planning and licensing functions—

(a)the objectives of the waste management policy;

(b)the substances, circumstances and regions to which the waste management policy is to apply; and

(c)the time by which or period during which the waste management policy is to be in force.

18APreparation 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.

18BCertification of waste management policies

(1)The Minister may certify that there are special reasons as a result of which a waste management policy should be declared or varied without delay.

(2)A waste management policy to which this section applies remains in force for a period not exceeding 12 months from the time it is declared or varied.

(3)The Minister must publish reasons for so certifying in the Government Gazette.

18CPolicy impact assessment

(1)A policy impact assessment must include—

(a)a statement of the purposes of the declaration or variation of policy; and

(b)an identification of the different means by which the purposes of the declaration or variation of policy can be achieved including the alternative of not declaring the policy or varying the existing policy; and

(c)an assessment of the possible financial, social and environmental impacts of each alternative expressed in qualitative and, to the extent practicable, quantitative terms to ensure that the costs are not disproportionate to the benefits to be achieved.

(2)The Minister may appoint a person or persons as a review panel to review a policy impact assessment.

(3)If a review panel is appointed, the Authority must submit to the review panel—

(a)the proposed declaration or variation;

(b)the policy impact assessment;

(c)a summary of the submissions made under section 18A(2)(f) received by the Authority;

(d)a statement of the Authority's evaluation of the submissions and of any changes made to the draft declaration or variation of policy as a result of the Authority's consideration of the submissions.

(4)The review panel must advise the Authority as to whether or not the policy impact assessment appears having regard to subsection (1) to adequately assess the likely impact of the proposed declaration or variation of policy.

(5)The Authority must submit a copy of—

(a)the policy impact assessment;

(b)the advice under subsection (4) (if any);

(c)its response to the advice (if any)—

to the Governor in Council when the Authority submits its recommendation.

18DConsideration of Order by Parliament

(1)The Authority must ensure that a copy of every Order made under section 16 or 16A is laid before both Houses of Parliament on or before the sixth sitting day after the Order is published in the Government Gazette.

(2)Where section 18A applies, the Authority must ensure that a copy of—

(a)the final policy impact assessment;

(b)the summary of the submissions made under section 18A(2)(f) received by the Authority;

(c)the statement of the Authority's evaluation of the submissions and of any changes made to the draft declaration or variation of policy as a result of the Authority's consideration of the submissions;

(d)the review panel's advice (if any) under section 18C(4) and the Authority's response—

is given to the Scrutiny of Acts and Regulations Committee.

(3)If the Scrutiny of Acts and Regulations Committee considers that an Order laid before Parliament under subsection (1)—

(a)does not appear to be within the powers conferred by this Act; or

(b)has been prepared in contravention of this Act; or

(c)contains any matter in contravention of this Act—

the Scrutiny of Acts and Regulations Committee may report to each House of Parliament as provided in subsection (4).

(4)A report of the Scrutiny of Acts and Regulations Committee may contain such recommendations as the Committee considers appropriate including a recommendation that an Order should be—

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Environment Protection Act 1970 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Environment Protection (Amendment) Act 1972, No. 8277/1972

Assent Date:	13.5.72
Commencement Date:	24.5.72: Government Gazette 24.5.72 p. 1678
CurrentState:	All of Act in operation

Magistrates' Courts (Jurisdiction) Act 1973, No. 8427/1973

Assent Date:	17.4.73
Commencement Date:	Ss 3, 6, 8(b), 10(1) (except para. (k)), 11 on 3.2.75: Government Gazette 22.1.75 p. 122; rest of Act on 1.9.75: Government Gazette 30.7.75 p. 2705
CurrentState:	All of Act in operation

Environment Protection (Amendment) Act 1974, No. 8560/1974

Assent Date:	7.5.74
Commencement Date:	7.5.74
CurrentState:	All of Act in operation

Environment Protection (Noise Control) Act 1975, No. 8823/1975

Assent Date:	9.12.75
Commencement Date:	1.2.76: Government Gazette 17.12.75 p. 4060
CurrentState:	All of Act in operation

Health Commission Act 1977, No. 9023/1977

Assent Date:	24.5.77
Commencement Date:	S. 40(Sch. 1 item 6(a)–(c)) on 6.12.78: Government Gazette 6.12.78 p. 3759
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Environment Protection (Amendment) Act 1978, No. 9098/1978

Assent Date:	9.5.78
Commencement Date:	1.8.78: Government Gazette 19.7.78 p. 2351
CurrentState:	All of Act in operation

Environment Protection (Noise Control) Act 1978, No. 9207/1978

Assent Date:	5.12.78
Commencement Date:	4.5.81: Government Gazette 21.1.81 p. 197
CurrentState:	All of Act in operation

Town and Country Planning (Amalgamation) Act 1980, No. 9425/1980

Assent Date:	20.5.80
Commencement Date:	Pts 1, 2 on 30.6.80: Government Gazette 25.6.80 p. 2123; Pts 3, 4, 5 on 2.2.81: Government Gazette 30.1.81 p. 311
CurrentState:	All of Act in operation

Statute Law Revision Act 1980, No. 9427/1980

Assent Date:	27.5.80
Commencement Date:	27.5.80: subject to s. 6(2)
CurrentState:	All of Act in operation

Planning Appeals Board Act 1980, No. 9512/1980

Assent Date:	23.12.80
Commencement Date:	1.12.81: Government Gazette 25.11.81 p. 3886
CurrentState:	All of Act in operation

Environment Protection (Clean Air) Act 1981, No. 9571/1981

Assent Date:	19.5.81
Commencement Date:	27.7.81: Government Gazette 1.7.81 p. 2083
CurrentState:	All of Act in operation

Environment Protection (Licence Fees) Act 1981, No. 9623/1981

Assent Date:	8.12.81
Commencement Date:	1.1.82: Government Gazette 16.12.81 p. 4149
CurrentState:	All of Act in operation

Environment Protection (Penalties) Act 1982, No. 9758/1982

Assent Date:	13.7.82
Commencement Date:	1.10.82: Government Gazette 22.9.82 p. 3121
CurrentState:	All of Act in operation

Environment Protection (Lead in Petrol) Act 1982, No. 9760/1982

Assent Date:	13.7.82
Commencement Date:	13.7.82
CurrentState:	All of Act in operation

Environment Protection (Air Pollution Control) Act 1982, No. 9803/1982

Assent Date:	23.11.82
Commencement Date:	8.12.82: Government Gazette 7.12.82 p. 399
CurrentState:	All of Act in operation

Environment Protection (Amendment) Act 1983, No. 9988/1983

Assent Date:	6.12.83
Commencement Date:	6.12.83
CurrentState:	All of Act in operation

Environment Protection (Unleaded Petrol) Act 1984, No. 10037/1984

Assent Date:	10.4.84
Commencement Date:	10.4.84
CurrentState:	All of Act in operation

Water (Central Management Restructuring) Act 1984, No. 10081/1984

Assent Date:	15.5.84
Commencement Date:	1.7.84: Government Gazette 20.6.84 p. 1937
CurrentState:	All of Act in operation

Environment Protection (Review) Act 1984, No. 10092/1984 (as amended by No. 10160/1984)

Assent Date:	22.5.84
Commencement Date:	Ss 1–3 (impliedly), 4–7, 9(3), 12(3)(b), 13–18, 20–30 on 1.7.84; ss 8, 9(1)(2), 10, 11, 12(1)–(3)(a), 19 on 1.1.85: Government Gazette 27.6.84 p. 2038
CurrentState:	All of Act in operation

Environment Protection (General Amendment) Act 1984, No. 10160/1984

Assent Date:	20.11.84
Commencement Date:	20.11.84
CurrentState:	All of Act in operation

Environment Protection (Industrial Waste) Act 1985, No. 10261/1985 (as amended by No. 22/1987)

Assent Date:	10.12.85
Commencement Date:	Ss 4, 5(a)(b), 6–8(1)(2), 9–18, 21–28, 29(1)–(3), 30–39 on 1.1.86; ss 19, 20 on 1.3.86: Government Gazette 18.12.85 p. 4641; s. 8(3) on 16.5.94: Government Gazette 12.5.94 p. 1120; ss 5(c), 29(4) on 1.11.01: Special Gazette (No. 183) 31.10.01 p. 5
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Health (Amendment) Act 1985, No. 10262/1985

Assent Date:	10.12.85
Commencement Date:	S. 4 on 1.3.86: Government Gazette 26.2.86 p. 451
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Courts Amendment Act 1986, No. 16/1986

Assent Date:	22.4.86
Commencement Date:	S. 30 on 1.7.86: Government Gazette 25.6.86 p. 2180
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Road Safety Act 1986, No. 127/1986

Assent Date:	23.12.86
Commencement Date:	S. 102(Sch. 4 items 8.1–8.6) on 1.3.87: Government Gazette 25.2.87 p. 445
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Planning Appeals (Amendment) Act 1987, No. 9/1987

Assent Date:	28.4.87
Commencement Date:	1.8.87: Government Gazette 29.7.87 p. 1992
CurrentState:	All of Act in operation

Environment Protection (Amendment) Act 1987, No. 22/1987

Assent Date:	12.5.87
Commencement Date:	S. 23 on 10.12.85: s. 2(2); rest of Act on 1.6.87: Government Gazette 20.5.87 p. 1156
CurrentState:	All of Act in operation

Planning and Environment Act 1987, No. 45/1987 (as amended by No. 5/1988)

Assent Date:	27.5.87
Commencement Date:	S. 205(Sch. items 19–24) on 16.2.88: Government Gazette 10.2.88 p. 218
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Environment Protection (Amendment) Act 1988, No. 20/1988

Assent Date:	17.5.88
Commencement Date:	17.5.88
CurrentState:	All of Act in operation

Health (General Amendment) Act 1988, No. 48/1988 (as amended by Nos 1/1989, 87/1989)

Assent Date:	24.5.88
Commencement Date:	S. 40 on 1.7.90: Government Gazette 11.4.90 p. 1130
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

State Superannuation Act 1988, No. 50/1988

Assent Date:	24.5.88
Commencement Date:	S. 93(3) on 1.7.87: s. 2(1); s. 93(4) on 27.11.87: s. 2(2); Pt 1, Pt 6 Div. 2, s. 91 on 1.1.88: s. 2(3); rest of Act on 1.7.88: Government Gazette 1.6.88 p. 1487
CurrentState:	All of Act in operation

Marine Act 1988, No. 52/1988

Assent Date:	31.5.88
Commencement Date:	All of Act (except s. 159(4)) on 20.12.88: Special Gazette (No. 105) 20.12.88 p. 1; s. 159(4) on 1.7.89: Government Gazette 28.6.89 p. 1558
CurrentState:	All of Act in operation

Local Government (Consequential Provisions) Act 1989, No. 12/1989

Assent Date:	9.5.89
Commencement Date:	S. 4(1)(Sch. 2 items 37.2–37.7) on 1.11.89: Government Gazette 1.11.89 p. 2798; Sch. 2 items 37.1, 37.8 on 1.10.92: Government Gazette 23.9.92 p. 2789
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Transfer of Land (Computer Register) Act 1989, No. 18/1989

Assent Date:	16.5.89
Commencement Date:	3.2.92: Government Gazette 18.12.91 p. 3488
CurrentState:	All of Act in operation

Environment Protection (Ozone Layer) Act 1989, No. 30/1989

Assent Date:	6.6.89
Commencement Date:	6.6.89
CurrentState:	All of Act in operation

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:	14.6.89
Commencement Date:	S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState:	All of Act in operation

Water (Consequential Amendments) Act 1989, No. 81/1989

Assent Date:	5.12.89
Commencement Date:	1.11.90: Government Gazette 15.8.90 p. 2473
CurrentState:	All of Act in operation

Environment Protection (General Amendment) Act 1989, No. 87/1989 (as amended by No. 86/1990)

Assent Date:	5.12.89
Commencement Date:	Ss 4–8, 10–64 on 5.12.89: s. 2(1); s. 9 on 1.11.01: Special Gazette (No. 183) 31.10.01 p. 5
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Environment Protection (Fees and Penalties) Act 1990, No. 86/1990

Assent Date:	11.12.90
Commencement Date:	S. 13(2) on 5.12.89: s. 10 of Act No. 53/1992; rest of Act on 1.1.91: Government Gazette 19.12.90 p. 3745
CurrentState:	All of Act in operation

Mineral Resources Development Act 1990, No. 92/1990

Assent Date:	18.12.90
Commencement Date:	S. 128(Sch. 1 items 8.1–8.7) on 6.11.91: Government Gazette 30.10.91 p. 2970
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Sentencing Act 1991, No. 49/1991

Assent Date:	25.6.91
Commencement Date:	22.4.92: Government Gazette 15.4.92 p. 898
CurrentState:	All of Act in operation

Litter (Amendment) Act 1991, No. 82/1991

Assent Date:	3.12.91
Commencement Date:	S. 20 on 1.2.92: Government Gazette 22.1.92 pp 115, 116
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Environment Protection (Resource Recovery) Act 1992, No. 53/1992

Assent Date:	30.6.92
Commencement Date:	16.7.92: Government Gazette 15.7.92 p. 1779
CurrentState:	All of Act in operation

Unclaimed Moneys (Amendment) Act 1993, No. 70/1993

Assent Date:	5.10.93
Commencement Date:	5.10.93
CurrentState:	All of Act in operation

Building Act 1993, No. 126/1993

Assent Date:	14.12.93
Commencement Date:	S. 264(Sch. 5 item 7.1) on 1.7.94: Special Gazette (No. 42) 1.7.94 p. 1
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Financial Management Act 1994, No. 18/1994 (as amended by No. 43/1995)

Assent Date:	10.5.94
Commencement Date:	Pt 1 (ss 1–8), ss 60, 61 on 10.5.94: s. 2(1); rest of Act on 1.7.94: s. 2(2)
CurrentState:	All of Act in operation

Environment Protection (General Amendment) Act 1994, No. 20/1994

Assent Date:	17.5.94
Commencement Date:	Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94: s. 2(3)
CurrentState:	All of Act in operation

Financial Management (Consequential Amendments) Act 1994, No. 31/1994

Assent Date:	31.5.94
Commencement Date:	S. 4(Sch. 2 items 29.1, 29.2) on 1.1.95: Government Gazette 28.7.94 p. 2055
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Local Government (Amendment) Act 1994, No. 99/1994

Assent Date:	13.12.94
Commencement Date:	Ss 28–30 on 13.12.94: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

National Environment Protection Council (Victoria) Act 1995, No. 10/1995

Assent Date:	26.4.95
Commencement Date:	Ss 65–69 on 15.9.95: Government Gazette 14.9.95 p. 2403
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Equal Opportunity Act 1995, No. 42/1995

Assent Date:	14.6.95
Commencement Date:	S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 15 on 1.1.96: Government Gazette 21.12.95 p. 3571
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Port Services Act 1995, No. 82/1995

Assent Date:	28.11.95
Commencement Date:	S. 203 on 14.12.95: Government Gazette 14.12.95 p. 3488
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Legal Practice Act 1996, No. 35/1996

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 item 26) on 1.1.97: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Environment Protection (Amendment) Act 1996, No. 65/1996

Assent Date:	17.12.96
Commencement Date:	Ss 4, 5, 7–12, 18, 22, 28, 30 on 17.12.96: s. 2(1); ss 6, 20, 21, 24(2), 25–27 on 17.12.96: Special Gazette (No. 142) 17.12.96 p. 1; ss 3, 24(1) on 21.1.97: Special Gazette (No. 7) 21.1.97 p. 1, ss 13–17, 19, 23, 29 on 1.7.97: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 (as amended by No. 12/1999)

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 items 27.1–27.20) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Road Safety (Amendment) Act 1998, No. 57/1998

Assent Date:	13.10.98
Commencement Date:	S. 28(1) on 1.5.99: Government Gazette 18.3.99 p. 665
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Transfer of Land (Single Register) Act 1998, No. 85/1998

Assent Date:	17.11.98
Commencement Date:	S. 24(Sch item 21) on 1.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Local Government (Governance and Melton) Act 1998, No. 86/1998

Assent Date:	17.11.98
Commencement Date:	S. 20 on 1.7.99: Government Gazette 17.6.99 p. 1406
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Environment Protection (Amendment) Act 1999, No. 2/1999 (as amended by No. 49/2000)

Assent Date:	28.4.99
Commencement Date:	Ss 3–5, 10–14, 16, 19(a), 20 on 26.5.99: s. 2(2); ss 6–9 on 1.7.99: s. 2(3); ss 15, 17, 18, 19(b) on 1.10.00: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Financial Sector Reform (Victoria) Act 1999, No. 37/1999

Assent Date:	8.6.99
Commencement Date:	S. 58(Sch. 3 item 5) on 1.7.99: Special Gazette (No. 97) 30.6.99 p. 2
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Environment Protection (Enforcement and Penalties) Act 2000, No. 49/2000

Assent Date:	14.6.00
Commencement Date:	Ss 9, 10, 12, 15, 16, 18, 22, 23, 25–27, 29 on 15.6.00: s. 2(1); ss 19–21 on 1.7.00: s. 2(2); ss 3, 5–7, 11, 13, 14, 17, 24 on 9.7.00: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Environment Protection (Liveable Neighbourhoods) Act 2000, No. 7/2001

Assent Date:	8.5.01
Commencement Date:	S. 23 on 1.10.00: s. 2(2); ss 3–7, 15–22 on 9.5.01: s. 2(1); ss 8–14 on 1.7.01: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date:	8.5.01
Commencement Date:	S. 3(Sch. item 23) on 1.6.01: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 37) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Corporations (Financial Services Reform Amendments) Act 2002, No. 9/2002

Assent Date:	23.4.02
Commencement Date:	S. 3(Sch. item 5) on 23.4.02: s. 2
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Statute Law (Further Revision) Act 2002, No. 11/2002

Assent Date:	23.4.02
Commencement Date:	S. 3(Sch. 1 item 22) on 24.4.02: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Environment Protection (Resource Efficiency) Act 2002, No. 37/2002

Assent Date:	18.6.02
Commencement Date:	Ss 3–12, 38–49, 52 on 19.6.02: s. 2(1); ss 13–30, 32, 33 on 1.7.02: s. 2(2); ss 34–37 on 15.10.02: Government Gazette 10.10.02 p. 2716
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Victorian Urban Development Authority Act 2003, No. 59/2003

Assent Date:	16.6.03
Commencement Date:	S. 118 on 1.8.03: Government Gazette 31.7.03 p. 2125
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Monetary Units Act 2004, No. 10/2004

Assent Date:	11.5.04
Commencement Date:	S. 14 on 1.7.04: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Planning and Environment (General Amendment) Act 2004, No. 81/2004

Assent Date:	16.11.04
Commencement Date:	S. 47 on 23.5.05: Government Gazette 19.5.05 p. 930
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Occupational Health and Safety Act 2004, No. 107/2004

Assent Date:	21.12.04
Commencement Date:	S. 179 on 1.7.05: s. 3(1)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 68) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 37) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Radiation Act 2005, No. 62/2005

Assent Date:	20.9.05
Commencement Date:	S. 142 on 1.9.07: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Sustainability Victoria Act 2005, No. 65/2005

Assent Date:	20.9.05
Commencement Date:	Ss 23–25 on 1.10.05: Government Gazette 29.9.05 p. 2171
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Water (Resource Management) Act 2005, No. 99/2005

Assent Date:	7.12.05
Commencement Date:	S. 72 on 3.8.06: Special Gazette (No. 191) 2.8.06 p. 1
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 94(Sch. item 15) on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Environment Protection (Amendment) Act 2006, No. 61/2006

Assent Date:	29.8.06
Commencement Date:	Ss 33–40, 45–53, 55–65 on 30.8.06: s. 2(1); ss 41, 43 on 13.9.06: Special Gazette (No. 243) 13.9.06 p. 1; ss 42, 44 on 1.10.06: Government Gazette 28.9.06 p. 2048; ss 3‑32 on 1.7.07: s. 2(2); s. 54 on 1.7.07: Government Gazette 28.6.07 p. 1304
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

Assent Date:	29.8.06
Commencement Date:	Ss 59, 60, 61(Sch. item 11) on 30.8.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

City of Melbourne and Docklands Acts (Governance) Act 2006, No. 74/2006

Assent Date:	10.10.06
Commencement Date:	S. 25 on 1.7.07: Government Gazette 28.6.07 p. 1303
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 33) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Motor Car Traders Amendment Act 2008, No. 4/2008

Assent Date:	4.3.08
Commencement Date:	S. 32(Sch. item 8) on 1.12.08: s. 2(2)
CurrentState:	The information relates only to the provision/s amending the Environment Protection Act 1970

Environment Protection Amendment (Landfill Levies) Act 2008, No. 20/2008

Assent Date:	21.5.08
Commencement Date:	S. 4 on 1.7.07: s. 2(2); s. 3 on 22.5.08: s. 2(1); s. 5 on 1.7.08: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Unclaimed Money Act 2008, No. 44/2008

Assent Date:	26.8.08
Commencement Date:	S. 108 on 1.1.09: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 50) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Environment Protection Amendment (Landfill Levies) Act 2010, No. 20/2010

Assent Date:	1.6.10
Commencement Date:	S. 3 on 1.7.10: s. 2
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Health and Human Services Legislation Amendment Act 2010, No. 29/2010

Assent Date:	8.6.10
Commencement Date:	Ss 37–42 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Climate Change Act 2010, No. 54/2010

Assent Date:	14.9.10
Commencement Date:	Ss 66–72 on 1.7.11: s. 2(2)
Current State:	This information relates only to the provision/s amending the Environment Protection Act 1970

Local Government and Planning Legislation Amendment Act 2010, No. 58/2010

Assent Date:	14.9.10
Commencement Date:	S. 48 on 24.9.10: Government Gazette 23.9.10 p. 2186
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Marine Safety Act 2010, No. 65/2010

Assent Date:	28.9.10
Commencement Date:	S. 420(Sch. 3 item 6) on 1.7.12: s. 2(2)
Current State:	This information relates only to the provision/s amending the Environment Protection Act 1970

Subordinate Legislation Amendment Act 2010, No. 78/2010

Assent Date:	19.10.10
Commencement Date:	S. 24(Sch. 1 item 13) on 1.1.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Environment Protection Amendment (Landfill Levies) Act 2011, No. 25/2011

Assent Date:	21.6.11
Commencement Date:	S. 3 on 1.7.11: s. 2
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Justice Legislation Amendment (Protective Services Officers) Act 2011, No. 43/2011

Assent Date:	6.9.11
Commencement Date:	S. 21 on 28.11.11: Special Gazette (No. 379) 22.11.11 p. 1
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012

Assent Date:	3.4.12
Commencement Date:	S. 85 on 1.7.12: Special Gazette (No. 172) 29.5.12 p. 1
Current State:	This information relates only to the provision/s amending the Environment Protection Act 1970

Statute Law Revision Act 2012, No. 43/2012

Assent Date:	27.6.12
Commencement Date:	S. 3(Sch. item 16) on 28.6.12: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Climate Change and Environment Protection Amendment Act 2012, No. 78/2012

Assent Date:	18.12.12
Commencement Date:	Ss 19–26 on 13.2.13: Special Gazette (No. 44) 12.2.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date:	18.12.12
Commencement Date:	Ss 174–176 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; s. 308 on 11.2.13: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Marine (Domestic Commercial Vessel National Law Application) Act 2013, No. 36/2013

Assent Date:	18.6.13
Commencement Date:	S. 81 on 1.7.13: Special Gazette (No. 226) 25.6.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Public Administration Amendment (Public Sector Improvement) Act 2014, No. 6/2014

Assent Date:	11.2.14
Commencement Date:	S. 16 on 1.4.14: Special Gazette (No. 65) 4.3.14 p. 1
Current State:	This information relates only to the provision/s amending the Environment Protection Act 1970

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 37) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Environment Protection and Sustainability Victoria Amendment Act 2014, No. 20/2014 (as amended by No. 21/2015)

Assent Date:	1.4.14
Commencement Date:	Ss 3–13 on 2.4.14: s. 2(1); ss 14(2), 15(1), 17, 18, 24, 30, 32 on 30.6.14: Special Gazette (No. 178) 10.6.14 p. 1; ss 14(1)(3)(4)(5), 15(2), 16, 19–21, 31 on 1.8.14: Special Gazette (No. 188) 17.6.14. p. 1; ss 22, 23, 25–29 on 1.7.15: s. 2(3)
Current State:	This information relates only to the provision/s amending the Environment Protection Act 1970

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 56) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Environment Protection Act 1970

Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016

Assent Date:	31.5.16
Commencement Date:	S. 80(2) on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1; s. 80(1) on 1.12.16: Special Gazette (No. 194) 21.6.16 p. 1
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Victorian Fisheries Authority Act 2016, No. 68/2016

Assent Date:	15.11.16
Commencement Date:	S. 162 on 1.7.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Climate Change Act 2017, No. 5/2017

Assent Date:	28.2.17
Commencement Date:	S. 101 on 1.11.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017, No. 10/2017

Assent Date:	27.3.17
Commencement Date:	S. 34 on 1.4.17: Special Gazette (No. 94) 27.3.17 p. 1
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Environment Protection Act 2017, No. 51/2017

Assent Date:	24.10.17
Commencement Date:	Ss 30–32 on 1.1.18: Special Gazette (No. 433) 12.12.17 p. 1; ss 27–29, 33–44 on 1.7.18: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017

Assent Date:	24.10.17
Commencement Date:	S. 13 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017, No. 63/2017

Assent Date:	19.12.17
Commencement Date:	S. 21(Sch. 1 item 3) on 2.7.18: Special Gazette (No. 248) 29.5.18 p. 1
Current State:	This information relates only to the provision/s amending the Environment Protection Act 1970

Environment Protection Amendment Act 2019, No. 27/2019

Assent Date:	10.9.19
Commencement Date:	Ss 4–9 on 1.11.19: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Primary Industries Legislation Amendment Act 2019, No. 40/2019

Assent Date:	6.11.19
Commencement Date:	S. 100 on 1.2.20: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date:	3.12.19
Commencement Date:	S. 186(Sch. 4 item 17) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 34) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

State Taxation Acts Amendment Act 2020, No. 47/2020

Assent Date:	15.12.20
Commencement Date:	Ss 22–25 on 16.12.20: s. 2
Current State:	This information relates only to the provision/s amending the Environment Protection Act 1970

Planning and Environment Amendment Act 2021, No. 12/2021

Assent Date:	23.3.21
Commencement Date:	S. 60 on 24.3.21: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 1970

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Government Gazette           29 February 1996 page 506

Government Gazette           7 March 1996 page 663

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

[1] S. 43A(2)–(4):

S. 43A(2) inserted by No. 22/1987 s. 12(1)(b), amended by No. 20/1988 ss 13(a), 14(b), repealed by No. 87/1989 s. 33.

S. 43A(2A) inserted by No. 20/1988 s. 13(b), repealed by No. 87/1989 s. 33.

S. 43A(3) inserted by No. 22/1987 s. 12(1)(b), amended by Nos 20/1988 s. 13(c), 57/1989 s. 3(Sch. item 64.3(a)(i)(ii)), repealed by No. 87/1989 s. 33.

S. 43A(4) inserted by No. 22/1987 s. 12(1)(b), amended by No. 57/1989 s. 3(Sch. item 64.3(b)), repealed by No. 87/1989 s. 33.

[2] S. 48B(2)–(2C):

S. 48B(2) amended by Nos 10092 s. 15(2)(b), 127/1986 s. 102(Sch. 4 item 8.2), repealed by No. 87/1989 s. 37.

S. 48B(2A) inserted by No. 10261 s. 21, amended by Nos 127/1986 s. 102(Sch. 4 item 8.2), 22/1987 s. 12(2)(a), repealed by No. 87/1989 s. 37.

S. 48B(2B) inserted by No. 22/1987 s. 12(2)(b), amended by No. 57/1989 s. 3(Sch. item 64.5(a)(i)(ii)), repealed by No. 87/1989 s. 37.

S. 48B(2C) inserted by No. 22/1987 s. 12(2)(b), amended by No. 57/1989 s. 3(Sch. item 64.5(b)), repealed by No. 87/1989 s. 37.

[3] Pt 9 (Heading and ss 49–53):

Pt 9 (Heading) repealed by No. 20/1994 s. 17(e).

S. 49 repealed by No. 53/1992 s. 6(2).

S. 50 amended by No. 10092 s. 18(1), repealed by No. 82/1991 s. 20.

S. 51 amended by No. 10092 s. 18(2), repealed by No. 82/1991 s. 20.

S. 52 amended by No. 87/1989 s. 38(a)–(c), repealed by No. 82/1991 s. 20.

S. 53 amended by Nos 9758 s. 2, 87/1989 s. 7(i), 86/1990 s. 5(g), repealed by No. 82/1991 s. 20.

[4] S. 55(3CB)–(3CD):

S. 55(3CB) inserted by No. 10261 s. 25(2), amended by No. 22/1987 s. 12(3)(a)(c), repealed by No. 87/1989 s. 42(b).

S. 55(3CC) inserted by No. 22/1987 s. 12(3)(b), repealed by No. 87/1989 s. 42(b).

S. 55(3CD) inserted by No. 22/1987 s. 12(3)(b), repealed by No. 87/1989 s. 42(b).