Environment Protection Act 2017 (Vic)

Version No. 021

Environment Protection Act 2017

No. 51 of 2017

Version incorporating amendments as at

22 October 2025

TABLE OF PROVISIONS

Section  Page

Chapter 1—Preliminary

1Purposes

2Commencement

3Definitions

4What is harm?

5What is material harm?

6The concept of minimising risks of harm to human health and the environment

7Application of Act

8Extraterritorial application of Act

9Simplified outlines

Chapter 2—Principles of environment protection

Part 2.1—Simplified outline

10Simplified outline—Chapter 2

Part 2.2—Application of this Chapter

11Specified principles of environment protection

12Effect of this Chapter

Part 2.3—Principles of environment protection

13Principle of integration of environmental, social and economic considerations

14Principle of proportionality

15Principle of primacy of prevention

16Principle of shared responsibility

17Principle of polluter pays

18Principle of waste management hierarchy

19Principle of evidence-based decision making

20Precautionary principle

21Principle of equity

22Principle of accountability

23Principle of conservation

Chapter 3—Duties relating to environment protection

Part 3.1—Simplified outline

24Simplified outline—Chapter 3

Part 3.2—General environmental duty

25General environmental duty

26Multiple contraventions of general environmental duty

27Aggravated breach of the general environmental duty

Part 3.4—Duties relating to pollution incidents

29Meaning of pollution incident

30Meaning of notifiable incident

31Duty to take action to respond to harm caused by pollution incident

32Duty to notify Authority of notifiable incidents

33Manner and form of notification of notifiable incidents

34Privilege against self-incrimination does not apply

Part 3.5—Duties relating to contaminated land

Division 1—Core concepts and application of Part

35What is contaminated land?

36Background level of waste or substances

37What is notifiable contamination?

38Act applies whenever land contaminated

Division 2—Duties relating to contaminated land

39Duty to manage contaminated land

40Duty to notify of contaminated land

41Manner and form of notification

42Privilege against self-incrimination abrogated

Chapter 4—Permissions

Part 4.1—Simplified outline

43Simplified outline—Chapter 4

Part 4.2—Permissions required for certain activities

44Development licences required for development activities

45Operating licences required for operating activities

46Permits required for permit activities

47Registration required for registration activities

48Determination that person does not require a permission

Part 4.3—General provisions relating to permissions

49Application of this Part

49ADefinition

50Form and contents of applications

50ANotice and payment of additional application fees

51Authority may deal with application after expiry of determination period

51AAuthority or council may require additional information

51BTiming for consideration of application if more information required

52Notice of applications for development licences to be published

52AAuthority may refuse certain applications inconsistent with Victorian Recycling Infrastructure Plan

53Authority must develop Charter of Consultation

54Permission conditions

55Permission fees

56Transfer of licence or permit

57Amendment of licence or permit on application

58Amendment of permission on initiative of Authority or council

59Surrender or revocation of permissions on application

60Suspension of permission

61Revocation of permission on Authority or council's initiative

62Complying with permission

63Breach of permission conditions—indictable offence

64Breach of prescribed permission conditions

65Continuing effect of conditions

66Fit and proper persons

67Priority waste and landfill facilities

68Exemptions for transporting reportable priority waste

Part 4.4—Licences

Division 1—Development licences

69Development licences

70Joint publication

71Conditions of development licences

72Extension of term of development licences

73Statement as to whether activity specified in development licence completed

Division 2—Operating licences

74Operating licences

75Term of operating licences

76Review of operating licences

Division 3—Pilot project licences

77Pilot project licences

78Consideration of application for pilot project licence

79Duration and effect of pilot project licence

Division 4—Licence exemptions

80Application for licence exemptions

Part 4.5—Permits

81Permits

82Permit exemptions granted by the Authority

83Permit exemptions granted by a council

84Renewal of permits

Part 4.6—Registrations

85Registration of prescribed activities

86Renewal of registrations

87Registration of non-prescribed activities

Part 4.7—Persons prohibited from engaging in prescribed activities

88Certain persons prohibited from engaging in particular activities

89Additional or alternative penalties for prohibited persons

90Applications by prohibited persons to engage in prescribed activity

90ANotice and payment of additional application fee

Part 4.8—Environment protection levy

91Environment protection levy

Chapter 5—Environment reference standards, compliance codes and position statements

Part 5.1—Simplified outline

92Simplified outline—Chapter 5

Part 5.2—Environment reference standards

93Environment reference standards

94Application of the Subordinate Legislation Act 1994 to environment reference standards

95Preparation of environment reference standards

96Environment reference standard may incorporate NEPM

97Review of environment reference standards

98Notice of review determination

99Consideration of environment reference standards

Part 5.3—Compliance codes

100Compliance codes

101Content of compliance codes

102Communication of compliance codes

103Effect of compliance codes

104No penalty for failure to comply with compliance codes

Part 5.4—Position statements

105Authority may make position statements

106Communication of position statements

107Content of position statements

108Consultation on position statements

109Effect of position statements

Chapter 6—Waste

Part 6.1—Simplified outline

110Simplified outline—Chapter 6

Part 6.2—Objects

111Objects

Part 6.3—Litter and other waste

Division 1—Preliminary matters

112Definitions

113Governor in Council may declare body to be a litter authority

Division 2—Appointment of litter enforcement officers

114Litter enforcement officers

Division 3—Offences in relation to littering and other waste

115Unlawful deposit of waste

116Liability of owners and drivers of vehicles in relation to littering of waste

117Exceptions to liability of owners and drivers of vehicles in relation to littering of waste

118Written statement

Division 4—Removal of waste and objects or things

119Litter enforcement officer may request persons to remove waste

120Court may order person to remove waste

121Waste abatement notice

122Litter authority may take action following failure to comply with waste abatement notice

123Occupier may recover cost of removing waste

Division 5—Powers of litter enforcement officers and other matters

124Powers of entry of litter enforcement officers

125Litter enforcement officer may ask person's name and address

126Litter enforcement officer to produce proof of identity and official status

127Waste information gathering notice

128Form of waste information gathering notice

129Extension of time under waste information gathering notice

130Court orders

131Reports of littering offences to Authority or council

132Offence to supply false or misleading information

Part 6.4—Duties relating to industrial waste

133Duties of persons depositing industrial waste

134Duties of persons receiving industrial waste

135Duty of persons involved in transporting industrial waste

136Repeat industrial waste offenders

137Offence to supply false or misleading information or conceal information in connection with industrial waste

Part 6.5—Duties and controls relating to priority waste

138What is priority waste?

139Duties of persons managing priority waste

140Duty to investigate alternatives to waste disposal

141Guidelines for alternatives to waste disposal

142Duty to notify of transaction in reportable priority waste

143Duty of persons transporting reportable priority waste

Part 6.6—Waste levy scheme

144Definitions

145Requirement to pay waste levy

146Minister may waive the requirement to pay waste levy

147Payment of waste levy to the Authority

148Calculation of levy that results in negative amount

149Agreement to offset amount owing

150Requirement to provide prescribed information regarding calculations of waste levy and allowable rebates to Authority

151Assessment by the Authority of waste levy liability

152Rights and powers of the Authority if waste levy is not paid

Chapter 7—Environmental management

Part 7.1—Simplified outline

153Simplified outline—Chapter 7

Part 7.2—Environmentally hazardous substances

154Orders relating to environmentally hazardous substances

155Failure to comply with Orders relating to environmentally hazardous substances

Part 7.3—Obligations for managers of land or infrastructure

156Obligations of managers of land or infrastructure

Part 7.4—Authorisation of discharges or disposal

157Authority may authorise emergency storage, use etc. of waste

157ANotice and payment of additional application fee

158Complying with authorisation

Part 7.5—Issues of environmental concern

159Notice of proposed declaration and notice of decision

160Declaration of issue of environmental concern

161Amendment or revocation of declaration of issue of environmental concern

162Consideration of issues of environmental concern when issuing remedial notices

163Combination of notice of proposed declaration with notice of proposed statutory rule or legislative instrument

164Combination of notices of decision

Part 7.6—Control of unreasonable and aggravated noise

Division 1—Meaning of residential premises

165Meaning of residential premises

Division 2—Unreasonable and aggravated noise

166Unreasonable noise

167Unreasonable noise from residential premises

168Aggravated noise

169Unreasonable noise from entertainment venues

Division 3—Enforcement

170Persons who may take proceedings for certain offences

171Residential noise enforcement officers

172Residential noise improvement notices

173Proceedings for offences not affected by residential noise improvement notices

174Injunctions relating to residential noise

175Unreasonable noise directions

176Entry orders

177Obstruction of police officer

Chapter 8—Better environment plans, environmental audits and other matters

Part 8.1—Simplified outline

178Simplified outline—Chapter 8

Part 8.2—Better environment plans

179Definition

180Purposes of better environment plans

181Submission of proposed better environment plans

181ANotice and payment of additional submission fee

182Authority may accept proposed better environment plans

183Participant must notify Authority of change in circumstances

184Amendment or revocation of better environment plans and removal of participants

185Withdrawal from better environment plans

186Effect of compliance with better environment plans

187Failure to comply with better environment plans

188Guidelines

Part 8.3—Environmental audit system

189Purpose of Part

Division 1—Environmental auditors

190Functions of environmental auditors

191Application for appointment as environmental auditor

192Advisory panel for application for appointment as environmental auditor

193Determination by Authority of application for appointment as environmental auditor

194Refusal of application for appointment as environmental auditor

195Approval of application for appointment as environmental auditor

196Application fee

197Conditions on appointment of environmental auditor

198Reappointment of environmental auditors

199Refusal of application for reappointment as environmental auditor

200Revocation or suspension of appointment of environmental auditors

201Matters to which Authority must have regard in deciding a suspension or revocation of appointment of environmental auditor

202When does a suspension or revocation take effect?

203Guidelines for environmental auditors

Division 2—Preliminary risk screen assessments

204Preliminary risk screen assessment

205Preliminary risk screen assessment statement

206What is included in a preliminary risk screen assessment statement?

207What is included in a preliminary risk screen assessment report?

Division 3—Environmental audits

208Environmental audits

209Environmental auditor must notify the Authority of environmental audit

210Environmental audit statement

211What is included in an environmental audit statement?

212What is included in an environmental audit report?

Division 4—Offences and other matters

213Withdrawal, amendment or issue of new preliminary risk screen assessment statement or environmental audit statement

214Obligation of person in management or control to provide copy of preliminary risk screen assessment statement or environmental audit statement

215False or misleading preliminary risk screen assessment statement or environmental audit statement

216Environmental auditor must notify the Authority of imminent state of danger

217Fees to be paid by environmental auditor

Part 8.4—Financial assurances

218Purposes of this Part

218ADefinitions

219Authority may require financial assurance

220Form of financial assurance

221Amount of financial assurance

222Independent assessment of amount of financial assurance

223Method for calculating financial assurance amount

224Costs associated with financial assurance

225Authority may review financial assurance

226Authority may amend financial assurance

227Authority may make a claim on financial assurance

228Procedure for claim on financial assurance in the event of a person's failure to remediate or clean up

229Procedure for claim on financial assurance in the event of immediate or serious risk

230Notice to replenish financial assurance

231Release of financial assurance following review or amendment

231ANotice of trigger event

231BRelease of financial assurance following trigger event

231CAuthority may refuse to release financial assurance—prescribed permission

231DAuthority may refuse to release financial assurance—site management order

231EAuthority may refuse to release financial assurance—environmental action notice

231FAuthority may refuse to release financial assurance—Order relating to environmentally hazardous substances

231GSpecified considerations to which Authority must have regard

231HTiming of decision to refuse to release financial assurance following trigger event

231IReview of refusal to release financial assurance—date for commencing review

231JReview of refusal to release financial assurance—notice of intention

231KReview of refusal to release financial assurance—matters to consider before making decision

231LReview of refusal to release financial assurance—decision and timing

231MExtension of time

231NFailure to make decision

232Application for release of financial assurance

233Transfer of financial assurance

234Enforcement of financial assurance

Part 8.5—Advisory panels

235Advisory panels

Part 8.6—Conference of interested persons

236Authority may establish conference of interested persons

237Appointment of convenor

238Recommendations and additional material from conference of interested persons

239Rules for conferences of interested persons

240Participation to be voluntary

Chapter 9—Authorised officers, analysts and other appointments

Part 9.1—Simplified outline

241Simplified outline—Chapter 9

Part 9.2—Appointment of authorised officers and analysts and appointments to other roles

Division 1—Authorised officers

242Authorised officers

243Authorised officers' identity cards

244Directions in respect of authorised officers

Division 2—Other appointments by Authority

245Authority may appoint analysts and prescribed roles

Part 9.3—Inspection and inquiry powers

Division 1—Powers of entry and inspection

246Authorised officer may enter and inspect any place or premises

247Entry and inspection of a place or premises when open to the public

248Residential premises

249Announcement on entry

250Persons assisting authorised officer

251Powers on entry

252Authorised officer may require production of documents

253Authorised officer may require information or answers

254Report to be given about entry and inspection of place or premises

Division 2—Information gathering notices

255Authority may serve information gathering notice

256Form of information gathering notice

257Extension of time under information gathering notice

258Court orders

Division 3—Power to ask person's name and address

259Authorised officer may ask person's name and address

Division 4—Power to give directions

260Authorised officer may give directions

Division 5—Search warrants

261Authorised officer may apply for search warrants

262Announcement before entry on warrant

263Copy of warrant to be given to occupier

Division 6—Return and forfeiture of seized things

264Return of seized things

265Forfeiture of seized things

Division 7—Offences relating to authorised officers

266Obstruction of authorised officer

267Assault, intimidation or threatening of authorised officer

Division 8—General

268Protection against self-incrimination

269Motor vehicle compliance

269AAuthority may require vehicle to be made available for inspection

269BFailure to present vehicle for inspection

Chapter 10—Notices

Part 10.1—Simplified outline

270Simplified outline—Chapter 10

Part 10.2—Improvement and prohibition notices

Division 1—Improvement notices

271Improvement notices

Division 2—Prohibition notices

272Prohibition notices

Part 10.3—Notices to investigate and environmental action notices

Division 1—Notice to investigate

273Notice to investigate

Division 2—Environmental action notice

274Environmental action notice

Part 10.4—Site management orders

275Site management orders

276Status of site management orders

277Application to vary or revoke site management order

277ANotice and payment of additional application fee

Part 10.5—Non-disturbance notices

278Power to issue a non-disturbance notice

Part 10.6—General matters relating to notices

279Amendment of notices

280Notification of notices

281Proceedings for offences not affected by notices

282Continuing effect of notices and conditions

Part 10.7—Redirection of corporate obligations

283Redirection of obligations of related or associated entities

284Redirection of obligations to officers

285Redirection of obligations in case of transfer of land

Part 10.8—Offences relating to notices and orders

286Non-compliance with improvement notice

287Non-compliance with prohibition notice

288Failure to report

289Non-compliance with notice to investigate

290Non-compliance with environmental action notice

291Reasonable excuse where entry refused

292Non-compliance with site management order

293Non-compliance with non-disturbance notice

Part 10.9—Clean up and cost recovery powers

Division 1—Clean up powers

294Circumstances in which Authority may exercise clean up powers

295Authority to give notice of intention to exercise clean up powers in case of financial assurance

296Matters relating to Authority entering land

Division 2—Cost recovery powers

297Cost recovery powers

297ADisplacement of other laws

298Unrecovered costs can become charge on property

Chapter 11—Enforcement and proceedings

Part 11.1—Simplified outline

299Simplified outline—Chapter 11

Part 11.2—Enforceable undertakings

300Authority may accept enforceable undertaking

301Enforcement

302Authority may take specified actions

303No criminal proceedings while enforceable undertaking in force

304Proceedings following withdrawal of enforceable undertaking

305No further proceedings if enforceable undertaking is complied with

306Contempt of court

Part 11.3—Infringement notices

307Infringement notices

Part 11.4—Civil remedies

308Eligible persons

309Court orders

310Interim orders

311Consent orders

312Ancillary orders

313Compensation orders

Part 11.5—Civil penalties

314Civil penalty provision

315Civil penalty orders

316Persons involved in contravening civil penalty provision

317Further orders for contravening civil penalty provision

318Civil proceedings after criminal proceedings

319Criminal proceeding during proceeding for a civil penalty order

320Criminal proceeding commenced after proceeding for civil penalty order

321Evidence given or produced during proceeding for civil penalty order

322Conduct contravening more than one civil penalty provision

323Multiple contraventions of civil penalty provisions

324Multiple proceedings for civil penalty order to be heard together

325Jurisdictional limit of Magistrates' Court does not apply to civil penalty order

326Recovery of a pecuniary penalty

Part 11.6—Powers of Courts

Division 1—Application of Part 11.6

327Application of Part 11.6

Division 2—Orders

328General

329Monetary benefit orders

330Adverse publicity orders

331General restoration and prevention orders

332Restorative project orders

333Environmental audit orders

Division 3—Enforcement of orders

334Enforcement of orders

Division 4—Impact statements

335Court may consider impact statements

Division 5—Restorative justice processes

336Adjournment of proceedings for restorative justice process

Part 11.7—Evidentiary and related enforcement provisions

337Reports and certificates

338Certificate concerning ownership of vehicle or vessel

339Certificate concerning litter offences

340Reports and certificates to be served with summons

341Statement to be evidence of authority

342Judicial notice of signatures

343Evidence

344Service of documents

345Service of documents—alternative to attendance

346Authority to be able to recover costs of analysis

347Persons who may take proceedings

348Contraventions on shared premises

Part 11.8—Officers' liabilities and conduct of employees and agents

Division 1—Officers' liabilities

349Liability of officers of bodies corporate—failure to exercise due diligence

350Liability of officers of bodies corporate—failure to exercise due diligence (legal burden of proof)

351Liability of officers of bodies corporate—accessorial liability

352Application of civil penalties to officers of bodies corporate

Division 2—Conduct of employees and agents

353Conduct of employee, agent or officer taken to be conduct of body corporate

Part 11.9—Defence of emergency

354Emergency

Chapter 12—Environment Protection Authority

Part 12.1—Simplified outline

355Simplified outline—Chapter 12

Part 12.2—Environment Protection Authority

356Environment Protection Authority

357Objective of the Authority

358Functions of the Authority

359Powers of the Authority

360Staff

361Environment Protection Authority Governing Board

362Functions of the Governing Board

363Chairperson and deputy Chairperson

364Conditions of office for Governing Board members

365Vacancies, resignations and removal from office

366Acting appointments

367Validity of acts or decisions

368Proceedings of the Governing Board

368AGoverning Board may appoint presiding person if Chairperson and deputy Chairperson absent

369Resolutions without meetings

370Pecuniary interests of members of the Governing Board

371Improper use of information

372Governing Board may establish advisory committees

373Chief executive officer

374Chief environmental scientist

Part 12.3—General provisions

375Application of the Public Administration Act 2004

376Remuneration and expenses

377Mandatory notification of corrupt conduct to IBAC

378Consultation prior to notification

379Communication of information to the IBAC

380Authority not to prejudice investigations of the IBAC

Chapter 14—General

Part 14.1—Simplified outline

428Simplified outline—Chapter 14

Part 14.2—Review of decisions

Division 1—Review by the Authority

429Review by the Authority

Division 2—Review by VCAT

430Decisions reviewable by VCAT

431Applications for review by VCAT

432Specific grounds of review

433Joinder of parties

434Application for review by third parties

435Matters VCAT must take into account

436Application for declaration

Part 14.3—Delegations

437Delegation

Part 14.4—Financial matters

438Fees and penalties to be paid into the Consolidated Fund

439Exceptions to requirement to pay fees and penalties into the Consolidated Fund

440Further exceptions to requirement to pay fees and penalties into the Consolidated Fund in relation to Part 6.3

441Environment Protection Fund

442Investment of money from Environment Protection Fund

443Treasurer may make grants or advances out of the Environment Protection Fund

444Payments into the Environment Protection Fund

445Payments out of the Environment Protection Fund

446General Waste Levy Account

447Restorative Project Account

448Municipal and Industrial Waste Levy Trust Account

449Sustainability Fund Account

450Priority statement

451Sustainability Fund Account guidelines

Part 14.5—Information sharing

Division 1—Collection, use, disclosure and publication of information

452Authority may collect, use, disclose or publish information

453Unauthorised disclosure of commercially sensitive information

454Public warning statements

Division 2—Public Register

455Public Register

456Information to be kept on the Public Register

457Public access to the Public Register

Part 14.6—Designated agencies

458Power of Authority to designate agency to have specified responsibilities etc. in areas that pose risk of harm to human health or the environment

Part 14.7—Exemptions

459AANotice and payment of additional application fee

459Exemptions

459ATiming for dealing with applications for exemptions

459BAuthority may require additional information

Part 14.8—Impersonation, interference, and information offences

460Impersonation

461False representations relating to Authority approval

462Interference with equipment

463Provision of false information

Part 14.9—Interest

463AAuthority may charge interest on unpaid fees

Chapter 15—Regulations

Part 15.1—Simplified outline

464Simplified outline—Chapter 15

Part 15.2—Regulations

465Regulations

465AIncorporation powers for certain documents

466Effect of compliance with regulations

Chapter 16—Transitional provisions

Part 16.1—Simplified outline

467Simplified outline—Chapter 16

Part 16.2—General

468Definitions

469General transitional provisions

Part 16.3—Transitional provisions: permissions, notices, directions and orders

Division 1—Permissions

470When a new permission is the equivalent of an old permission

471Continuation of permissions

471ANew permissions issued or granted by council or Authority

471BNew permissions equivalent to old permissions issued under section 20 of old Act

472Amendment of new permissions by Authority

473Continuation of exemptions

474Pending application for old permission to be treated as application for new permission

475Certain other pending applications

Division 2—Notices, directions and orders

476Continuation of notices and directions

477Notifiable chemical orders

Part 16.4—Transitional provisions: Environmental audits

478Environmental audits

479Certificates of environmental audits and statements of environmental audit

Part 16.6—Transitional provisions: financial matters

Division 1—Funds

488Money standing to the credit of Environment Protection Fund

489Money standing to the credit of General Landfill Levy account

490Money standing to the credit of Municipal and Industrial Landfill Levy Trust Account

491Money standing to the credit of Sustainability Fund Account

492Priority statement and guidelines

Division 2—Landfill levy

493Requirement to pay landfill levy

Division 3—Financial assurances

494Transitional provision—financial assurances

Part 16.7—Transitional provisions: Continuation of certain appointments and roles

495Litter enforcement officers

496Residential noise enforcement officers

497Environmental auditors

498Analysts

Part 16.8—Transitional provisions: VCAT matters

499General provisions relating to VCAT

Part 16.9—Transitional provisions: Regulations

Division 1—Saving of Environment Protection (Industrial Waste Resource) Regulations 2009

500Saving of the Environment Protection (Industrial Waste Resource) Regulations 2009

Division 2—Saving of Environment Protection (Vehicle Emissions) Regulations 2013

501Saving of the Environment Protection (Vehicle Emissions) Regulations 2013

Division 3—Transitional regulations

Part 16.10—Transitional provisions—Victorian Waste and Resource Recovery Infrastructure Planning Framework

503Saving of the Victorian Waste and Resource Recovery Infrastructure Planning Framework

Chapter 17—Further transitional provisions

Part 17.1—Transitional provisions—Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022

503ADefinitions

504Application fees

505Time for determining applications, request for additional information

Schedule 1—Regulations

Schedule 2—Amount payable as waste levy

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 021

Environment Protection Act 2017

No. 51 of 2017

Version incorporating amendments as at

22 October 2025

The Parliament of Victoria enacts:

CHAPTER 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to provide for the continuation of the Environment Protection Authority; and

(b)to specify a new objective of the Environment Protection Authority; and

(c)to provide for a new governance structure of the continued Environment Protection Authority; and

(d)to provide for the Governing Board of the Environment Protection Authority; and

(e)to set out principles of environment protection; and

(f)to set out the legislative framework for the protection of human health and the environment from pollution and waste; and

(g)to provide for a general environmental duty to minimise risks of harm to human health and the environment from pollution or waste; and

(h)to establish a permissions scheme that enables the Environment Protection Authority to issue or grant development licences, operating licences, pilot project licences, permits and registrations; and

(i)to provide a framework for the management of waste; and

*                *                *                *                *

(k)to enable the Environment Protection Authority and authorised officers to ensure compliance with the Act and require action to manage risks of harm to human health and the environment from pollution or waste; and

(l)to provide for a system of criminal and civil penalties; and

(m)to provide for a system of civil remedies and compensation orders available to the Court; and

(o)to make consequential amendments to  the Public Administration Act 2004 and other Acts.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 July 2018, it comes into operation on that day.

3Definitions

(1)In this Act—

activity includes—

(a)the storage or possession of waste or any other substance or thing; or

(b)anything prescribed to be an activity;

advisory committee means a committee established under section 372;

agent of a vessel means a person or body that transacts business, in a port, on behalf of the owner or charterer of the vessel;

analysis includes the taking of a sample or any test, measurement, calculation or examination made for the purpose of determining—

(a)the characteristics of a matter or substance; or

(b)the effects of a discharge, emission or deposit of waste or pollution;

analyst means a person appointed as an analyst under section 245;

approved motor vehicle tester means a person appointed in the prescribed role of approved motor vehicle tester;

associate, of another person, means any of the following persons—

(a)a spouse, parent, brother, sister or child of the other person;

(b)a domestic partner of the other person within the meaning of section 39(1) of the Relationships Act 2008;

(c)a member of the other person's household;

(d)a person who is in a partnership within the meaning of the Partnerships Act 1958 with the other person;

(e)a person participating in the management of the same unincorporated body as the other person;

(f)a trustee or beneficiary of the same trust as the other person;

(g)a trustee of a trust of which the other person is a beneficiary;

(h)a beneficiary of a trust of which the other person is a trustee;

(i)if the other person is a body corporate, an officer or member of the governing body of the body corporate;

(j)a shareholder of the other person if the other person is a body corporate (other than a public company whose shares are listed on a stock exchange);

(k)a person with whom a chain of relationships with the other person can be traced under any one or more of the above paragraphs;

(l)a prescribed person;

associated entity has the same meaning as in the Corporations Act;

authorised officer means a person appointed as an authorised officer under section 242;

authorised to receive industrial waste, in relation to a person or a place or premises, means any of the following—

(a)authorised by a permission to receive that type of industrial waste;

(b)exempt from a requirement to obtain a permission to receive that type of industrial waste;

(c)authorised under section 157(1) to receive that type of industrial waste;

(d)specified by operation of section 48 as not required to obtain a permission to receive that type of industrial waste;

(e)authorised by the regulations, or in accordance with a process prescribed by the regulations, to receive that type of industrial waste;

Authority means the Environment Protection Authority continued under section 356;

*                *                *                *                *

*                *                *                *                *

better environment plan means a better environment plan accepted by the Authority under section 182;

certificate of compliance means a certificate issued by an approved motor vehicle tester under regulations made under this Act;

Chairperson means the Chairperson of the Governing Board appointed under section 363;

chief environmental scientist means the chief environmental scientist appointed under section 374;

chief executive officer means the chief executive officer appointed under section 373;

civil penalty order means an order made under Part 11.5;

civil penalty provision means a provision set out in the table in section 314;

clean up includes measures or activities—

(a)to investigate and assess the nature and extent of pollution or waste, including any harm or risk of harm to human health and the environment arising from the pollution or waste; and

(b)to remove, disperse, destroy, dispose of, abate, neutralise or treat pollution or waste; and

(c)to restore the environment to a state as close as practicable to the state it was in immediately before the discharge or emission of pollution or the deposit of waste, or to any other state, for the purposes of Part 10.9; and

(d)for the remediation of contaminated land; and

(e)for the ongoing management of pollution or waste; and

(f)to do anything necessary for, in connection with, or in relation to, the measures set out in paragraph (a), (b), (c), (d) or (e);

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commercially sensitive information means information that relates to matters of a business, commercial or financial nature, the disclosure of which would be likely to unreasonably expose a person, an authority or an associated entity to disadvantage;

compliance code means a compliance code approved under section 100(1);

conduct, in relation to a business or undertaking, has the meaning given by subsection (4);

contaminated land has the meaning given in section 35;

corrupt conduct has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011;

councilhas the same meaning as Council has in section 3(1) of the Local Government Act 1989;

council officer means—

(a)a Chief Executive Officer within the meaning of section 3(1) of the Local Government Act 1989; or

(b)a member of Council staff within the meaning of section 3(1) of the Local Government Act 1989;

Court means the County Court, the Magistrates' Court or the Supreme Court;

court officer means a magistrate or registrar of the Magistrates' Court;

dangerous litter has the meaning given by section 112;

declared region has the same meaning as in the Circular Economy (Waste Reduction and Recycling) Act 2021;

deposit, in relation to litter and waste, means the act of parting with the possession of litter or waste and includes the disposal of litter or waste by burial or burning, and also includes burial or burning of litter or waste on land owned by or in the control or possession of the person responsible for burying or burning the litter or waste;

deputy Chairperson means the deputy Chairperson of the Governing Board appointed under section 363;

designated place has the same meaning as in the Victoria Police Act 2013;

development licence means a licence issued under section 69;

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economic instrument means a measure that provides financial incentives or disincentives for the purpose of encouraging protection of human health and the environment in economic activity, through incorporating the costs of harm and risks of harm, including but not limited to—

(a)a scheme in the nature of a tradeable permit scheme; and

(b)an environmental offset (however described);

eligible person, in relation to an application under Part 11.4, has the meaning given by section 308(1);

enforceable undertaking means an undertaking accepted by the Authority under section 300;

entertainment venue means any premises or place where music is performed or played but does not include residential premises or a place of worship;

environment means—

(a)the physical factors of the surroundings of human beings including the land, waters, atmosphere, climate, sound, odours and tastes; and

(b)the biological factors of animals and plants; and

(c) the social factor of aesthetics;

environment reference standard means an environment reference standard made under section 93(1);

environmental action notice means an environmental action notice issued under section 274;

environmental audit means an environmental audit conducted in accordance with section 208;

environmental audit report means a report prepared under section 212;

environmental audit statement means an environmental audit statement prepared under section 210;

environmental auditor means a person appointed as an environmental auditor under Division 1 of Part 8.3;

environmental value means a use, an attribute or a function of the environment;

financial assurance means a financial assurance provided to the Authority in accordance with section 219;

general environmental duty means the duty under section 25(1);

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Governing Board means the Environment Protection Authority Governing Board under section 361;

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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 landfill below the surface of land;

Head,Recycling Victoria has the same meaning as in the Circular Economy (Waste Reduction and Recycling) Act 2021;

human health includes psychological health;

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 Integrity Oversight Victoria Act 2011;

improvement notice means a notice issued under section 271(1);

industrial waste means—

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

(b)waste prescribed to be industrial waste for the purposes of this definition;

information gathering notice means a notice served by the Authority under section 255;

issue of environmental concern means an issue that is declared to be an issue of environmental concern under section 160;

land means any land, whether publicly or privately owned, and includes—

(a)any buildings or other structures permanently affixed to the land; and

(b)groundwater;

law enforcement agency includes—

(a)a law enforcement agency within the meaning of the Privacy and Data Protection Act 2014; and

(b)any council;

liable person has the meaning given by section 144;

licence means—

(a)a development licence; or

(b)an operating licence; or

(c)a pilot project licence;

licence activity, in relation to a licence, means an activity specified in the licence;

litter has the meaning given by section 112;

litter authority includes—

(a)the Authority; or

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

(c)a Government department; or

(d)a council; or

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

(f)a body declared by Order of the Governor in Council under section 113 to be a litter authority;

litter enforcement officer means—

(a)a person appointed as a litter enforcement officer by the Authority under section 114(1); or

(b)a person appointed as a litter enforcement officer by a litter authority under section 114(2); or

(c)a person appointed as a litter enforcement officer by the Secretary under section 114(3); or

(d)an authorised officer; or

(e)a police officer; or

(f)a protective services officer who is on duty at a designated place or in the vicinity of police premises; or

(fa)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; or

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

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management or control, in relation to industrial waste or priority waste, means exercising management functions in relation to, or control over, the industrial waste or priority waste and includes the following—

(a)producing or generating waste;

(b)collecting, consigning, transferring or transporting waste;

(c)receiving, handling or storing waste;

(d)undertaking resource recovery or processing of waste;

(e)undertaking waste disposal;

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

municipal district has the same meaning as in the Local Government Act 1989;

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

noise includes sound and vibration;

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notice to investigate means a notice to investigate issued under section 273;

notifiable contamination has the meaning given by section 37;

notifiable incident has the meaning given by section 30;

officer in relation to a body corporate means—

(a)a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or

(b)a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate;

operating licence means a licence issued under section 74;

participant, in a better environment plan, has the meaning given by section 179;

permission means—

(a)a development licence; or

(b)an operating licence; or

(c)a pilot project licence; or

(d)a permit; or

(e)a registration;

permission activity, in relation to a permission, means an activity specified in the permission;

permit means a permit issued under section 81;

pilot project licence means a licence issued under section 78;

place includes land, waters, a location, an area or a region;

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

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

pollution includes any emission, discharge, deposit, disturbance or escape of—

(a)a solid, liquid or gas, or a combination of a solid, liquid or gas, including but not limited to smoke, dust, fumes or odour; or

(b)noise; or

(c)heat; or

(d)a thing prescribed for the purposes of this definition—

but does not include a thing prescribed not to be pollution for the purposes of this definition;

pollution incident has the meaning given by section 29;

position statement means a position statement published under section 105(1);

preliminary risk screen assessment means a preliminary risk screen assessment conducted under section 204;

preliminary risk screen assessment report means a report prepared under section 207;

preliminary risk screen assessment statement means a preliminary risk screen assessment statement issued under section 205;

premises includes a structure, building or vehicle;

prescribed role means a role prescribed under section 245(2);

priority waste has the meaning given in section 138;

prohibited person has the meaning set out in section 88(1);

prohibition notice means a notice issued under section 272(1);

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

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

Public Register means the Public Register established and maintained under section 455;

public sector body has the same meaning as in the Public Administration Act 2004;

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registered owner means—

(a)in relation to a motor vehicle—the person who is registered as the registered operator of the motor vehicle under the Road Safety Act 1986 or a corresponding law of the Commonwealth, a State or a Territory; and

(b)in relation to a vessel—the person in whose name the vessel is registered under the Marine Safety Act 2010
or a corresponding law of the Commonwealth, a State or a Territory; and

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

registration means a registration granted under section 85;

related entity has the same meaning as in the Corporations Act;

reportable priority waste means priority waste prescribed as reportable priority waste for the purposes of section 142 or 143, or both;

residential noise enforcement officer means a person appointed as a residential noise enforcement officer under section 171;

residential noise improvement notice means a notice issued under section 172(1);

resource recovery in relation to waste, means—

(a)preparation for reuse of the waste;

(b)recycling the waste;

(c)reprocessing the waste;

(d)recovering energy or other resources from the waste;

(e)anything prescribed to be resource recovery in relation to waste—

but does not include anything prescribed not to be resource recovery in relation to waste;

Restorative Project Account means the account established and maintained under section 447;

reuse, in relation to waste, means the use of the waste for a purpose that is the same or similar to the purpose for which it was used before it became waste;

Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

site means specified land or a specified parcel of land;

site management order means an order issued under section 275;

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Sustainability Victoria means Sustainability Victoria established by section 5 of the Sustainability Victoria Act 2005;

unreasonable noise means noise that is—

(a)unreasonable having regard to the following—

(i)its volume, intensity or duration;

(ii)its character;

(iii)the time, place and other circumstances in which it is emitted;

(iv)how often it is emitted;

(v)any prescribed factors; or

(b)prescribed to be unreasonable noise—

but does not include noise prescribed not to be unreasonable noise;

vehicle includes—

(a) a vessel or aircraft; and

(b) a trailer attached to a vehicle;

vehicle inspection notice means a notice under section 269A(1);

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

Victorian Recycling Infrastructure Plan has the same meaning as VRIP has in the Circular Economy (Waste Reduction and Recycling) Act 2021;

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waste includes any of the following—

(a)matter, including solid, liquid, gaseous or radioactive matter, that is deposited, discharged, emitted or disposed of into the environment in a manner that alters the environment;

(b)a greenhouse gas substance emitted or discharged into the environment;

(c)matter that is discarded, rejected, abandoned, unwanted or surplus, irrespective of any potential use or value;

(d)matter prescribed to be waste;

(e)matter or a greenhouse gas substance referred to in paragraph (a), (b), (c) or (d) that is intended for, or is undergoing, resource recovery;

waste abatement notice means a notice issued under section 121(1);

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waste disposal means any activity carried out in connection with the disposal of waste, but does not include resource recovery;

waste management facility includes a landfill, a transfer station, a composting facility, a facility to store or contain solid waste and a resource recovery facility;

waters includes the following—

(a)a reservoir, tank or billabong;

(b)an anabranch, canal, spring, swamp;

(c)a natural or artificial channel, lake, lagoon, waterway or dam;

(d) tidal water, coastal water or groundwater.

(2)A reference in this Act to a person engaging in an activity includes a reference to a person who is conducting, undertaking, managing or in control of that activity.

(3)A reference in this Act to waters includes a reference to—

(a)the bed and subsoil lying beneath those waters; and

(b)the airspace superjacent to those waters; and

(c)an open, piped or underground drain—

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

(4)For the purposes of this Act, a person conducts a business or undertaking—

(a)whether or not the business or undertaking is conducted for profit or gain; and

(b)whether or not the business or undertaking is conducted by a government or public authority (however described)—

but a natural person does not conduct a business or undertaking merely because the person is engaged in an activity—

(c)that is primarily domestic or private and not conducted for profit or financial gain; or

(d)subject to Part 11.8, solely in the person's capacity as an employee or officer of another person or on a voluntary basis.

(5)To avoid doubt, a reference in this Act to under this Act includes a reference to under the regulations under this Act, and this subsection has a corresponding effect in relation to references to other Acts.

4What is harm?

(1)In this Act, harm, in relation to human health or the environment, means an adverse effect on human health or the environment (of whatever degree or duration) and includes—

(a)an adverse effect on the amenity of a place or premises that unreasonably interferes with or is likely to unreasonably interfere with enjoyment of the place or premises; or

(b)a change to the condition of the environment so as to make it offensive to the senses of human beings; or

(c)anything prescribed to be harm for the purposes of this Act or the regulations.

(2)For the purposes of subsection (1), harm may arise as a result of the cumulative effect of harm arising from an activity combined with harm arising from other activities or factors.

5What is material harm?

(1)In this Act, material harm, in relation to human health or the environment means harm that is caused by pollution or waste that—

(a)involves an actual adverse effect on human health or the environment that is not negligible; or

(b)involves an actual adverse effect on an area of high conservation value or of special significance; or

(c)results in, or is likely to result in, costs in excess of the threshold amount being incurred in order to take appropriate action to prevent or minimise the harm or to rehabilitate or restore the environment to the state it was in before the harm.

(2)For the purposes of subsection (1), harm may become material harm regardless of the period of time in which the harm occurs and as a result of—

(a)a single occurrence of harm arising from an activity; or

(b)multiple occurrences of harm arising from the same activity; or

(c)the cumulative effect of harm arising from an activity combined with harm arising from other activities or factors.

(3)In this section, threshold amount means $10 000 or a higher amount prescribed by the regulations.

6The concept of minimising risks of harm to human health and the environment

(1)A duty imposed on a person under this Act to minimise, so far as reasonably practicable, risks of harm to human health and the environment requires the person—

(a)to eliminate risks of harm to human health and the environment so far as reasonably practicable; and

(b)if it is not reasonably practicable to eliminate risks of harm to human health and the environment, to reduce those risks so far as reasonably practicable.

(2)To determine what is (or was at a particular time) reasonably practicable in relation to the minimisation of risks of harm to human health and the environment, regard must be had to the following matters—

(a)the likelihood of those risks eventuating;

(b)the degree of harm that would result if those risks eventuated;

(c)what the person concerned knows, or ought reasonably to know, about the harm or risks of harm and any ways of eliminating or reducing those risks;

(d)the availability and suitability of ways to eliminate or reduce those risks;

(e)the cost of eliminating or reducing those risks.

7Application 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 serious risk to human health or the environment from pollution or waste has arisen or is likely to arise.

8Extraterritorial application of Act

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

(2)This Act extends to, and applies to, the discharge or deposit of pollution or waste into, or on to, the waters of the River Murray from any place or premises that is in Victoria and extends to, and applies in relation to, any permission issued or granted or any proceedings brought in relation to the discharge or deposit.

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

9Simplified outlines

A simplified outline of any portion of this Act set out in a section of this Act is intended only as a guide to readers as to the general scheme and effect of that portion of this Act.

CHAPTER 2—PRINCIPLES OF ENVIRONMENT PROTECTION

PART 2.1—SIMPLIFIED OUTLINE

10Simplified outline—Chapter 2

(1)This section sets out a simplified outline of this Chapter.

(2)Part 2.2 provides for the application of this Chapter.

(3)Part 2.3 sets out the principles of environment protection.

PART 2.2—APPLICATION OF THIS CHAPTER

11Specified principles of environment protection

(1)This Chapter specifies the principles of environment protection.

(2)It is the intention of Parliament that in the administration of this Act and the regulations regard should be given to the principles specified in this Chapter.

Note

In making certain decisions under this Act the Authority or the Minister must take into account the principles of environment protection.

12Effect of this Chapter

The Parliament does not intend by this Chapter to create in any person a legal right or give rise to any civil cause of action.

PART 2.3—PRINCIPLES OF ENVIRONMENT PROTECTION

13Principle of integration of environmental, social and economic considerations

Environmental, social and economic considerations should be effectively integrated.

14Principle of proportionality

A decision, action or thing directed towards minimising harm or a risk of harm to human health or the environment should be proportionate to the harm or risk of harm that is being addressed.

15Principle of primacy of prevention

Prevention of harm to human health and the environment is preferred to remedial or mitigation measures.

16Principle of shared responsibility

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

17Principle of polluter pays

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

18Principle of waste management hierarchy

Waste should be managed in accordance with the following order of preference, so far as reasonably practicable—

(a)avoidance;

(b)reuse;

(c)recycling;

(d)recovery of energy;

(e)containment;

(f)waste disposal.

19Principle of evidence-based decision making

Actions or decisions under this Act should be based on the best available evidence in the circumstances that is relevant and reliable.

20Precautionary principle

If there exist threats of serious or irreversible harm to human health or the environment, lack of full scientific certainty should not be used as a reason for postponing measures to prevent or minimise those threats.

21Principle of equity

(1)All people are entitled to live in a safe and healthy environment irrespective of their personal attributes or location.

(2)People should not be disproportionately affected by harm or risks of harm to human health and the environment.

(3)The present generation should ensure the state of the environment is maintained or enhanced for the benefit of future generations.

22Principle of accountability

Members of the public should—

(a)have access to reliable and relevant information in appropriate forms to facilitate a good understanding of issues of harm or risks of harm to human health and the environment and of how decisions are made under this Act; and

(b)be engaged and given opportunities to participate in decisions made under this Act, where appropriate to do so; and

(c)have their interests taken into account in decisions made under this Act.

23Principle of conservation

Biological diversity and ecological integrity should be protected for purposes that include the protection of human health.

CHAPTER 3—DUTIES RELATING TO ENVIRONMENT PROTECTION

PART 3.1—SIMPLIFIED OUTLINE

24Simplified outline—Chapter 3

(1)This section sets out a simplified outline of this Chapter.

(2)Part 3.2 provides for the general environmental duty in relation to risks of harm to human health and the environment from pollution and waste and an offence for aggravated breach of the general environmental duty.

(3)Part 3.3 provides for a transitional duty in relation to material harm.

(4)Part 3.4 provides for duties relating to pollution incidents.

(5)Part 3.5 provides for duties in relation to the management and notification of contaminated land.

PART 3.2—GENERAL ENVIRONMENTAL DUTY

25General environmental duty

(1)A person who is engaging in an activity that may give rise to risks of harm to human health or the environment from pollution or waste must minimise those risks, so far as reasonably practicable.

Notes

See section 6 in relation to the concept of minimising risks of harm to human health and the environment.

Section 314 provides that subsection (1) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314. See also section 314(3).

(2)A person commits an offence if the person contravenes subsection (1) in the course of conducting a business or an undertaking.

Penalty:In the case of a natural person, 2000 penalty units;

In the case of a body corporate, 10 000 penalty units.

(3)An offence under subsection (2) is an indictable offence.

Note

This offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

(4)Without limiting subsection (1), a person who is conducting a business or an undertaking contravenes that subsection if the person fails to do any of the following in the course of conducting the business or the undertaking, so far as reasonably practicable—

(a)use and maintain plant, equipment, processes and systems in a manner that minimises risks of harm to human health and the environment from pollution and waste;

(b)use and maintain systems for identification, assessment and control of risks of harm to human health and the environment from pollution and waste that may arise in connection with the activity, and for the evaluation of the effectiveness of controls;

(c)use and maintain adequate systems to ensure that if a risk of harm to human health or the environment from pollution or waste were to eventuate, its harmful effects would be minimised;

(d)ensure that all substances are handled, stored, used or transported in a manner that minimises risks of harm to human health and the environment from pollution and waste;

(e)provide information, instruction, supervision and training to any person engaging in the activity to enable those persons to comply with the duty under subsection (1).

(5)Without limiting subsection (1), a person who is conducting a business or an undertaking and engaging in an activity that involves the design, manufacture, installation or supply of a substance, plant, equipment or structure, contravenes that subsection if the person fails to do any of the following in the course of conducting the business or the undertaking and engaging in the activity, so far as reasonably practicable—

(a)minimise risks of harm to human health and the environment from pollution and waste arising from the design, manufacture, installation or supply of the substance, plant, equipment or structure when the substance, plant, equipment or structure is used for a purpose for which it was designed, manufactured, installed or supplied;

(b)provide information regarding the purpose of the substance, plant, equipment or structure and any conditions necessary to ensure it can be used in a manner that complies with the duty under subsection (1).

26Multiple contraventions of general environmental duty

(1)This section applies to—

(a)a contravention of the general environmental duty; or

(b)a contravention of the general environmental duty for which an officer of a body corporate (including a body corporate representing the Crown) is liable.

(2)Subject to any contrary court order, 2 or more contraventions may be charged as a single offence if the contraventions arise out of the same factual circumstances.

(3)If 2 or more contraventions are charged as a single offence, a single penalty only may be imposed in respect of the contraventions.

27Aggravated breach of the general environmental duty

(1)A person commits an offence if—

(a)the person intentionally or recklessly contravenes the general environmental duty; and

(b)the contravention results in material harm or is likely to result in material harm to human health or the environment from pollution or waste; and

(c)the person knew or reasonably should have known that the contravention would result in material harm or would be likely to result in material harm to human health or the environment from pollution or waste.

Penalty:In the case of a natural person, 4000 penalty units or 5 years imprisonment or both;

In the case of a body corporate, 20 000 penalty units.

(2)An offence under subsection (1) is an indictable offence.

Note

This offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

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PART 3.4—DUTIES RELATING TO POLLUTION INCIDENTS

29Meaning of pollution incident

A pollution incident means an incident or a set of circumstances—

(a)that causes a leak, spill or other unintended or unauthorised deposit or escape of a substance; and

(b)as a result of which, pollution has occurred or is occurring—

but does not include an incident or a set of circumstances that solely involves the emission of noise.

30Meaning of notifiable incident

A notifiable incident means—

(a)a pollution incident that causes or threatens to cause material harm to human health or the environment; or

(b)a prescribed notifiable incident—

but does not include a prescribed excluded notifiable incident.

31Duty to take action to respond to harm caused by pollution incident

If a pollution incident has occurred as a result of an activity (whether by act or omission) and the pollution incident causes or is likely to cause harm to human health or the environment, a person who is engaging in that activity must, so far as reasonably practicable, restore the affected area to the state it was in before the pollution incident occurred.

32Duty to notify Authority of notifiable incidents

(1)This section applies to a person who is engaging or has engaged in an activity that results in a notifiable incident.

(2)The person must notify the Authority, as soon as practicable, after the person becomes aware or reasonably should have been aware of the occurrence of the notifiable incident.

Note

Section 314 provides that subsection (2) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314. See also section 314(3).

(3)A person must notify the Authority under subsection (2) regardless of whether the notifiable incident is contained to—

(a)a single place or premises; or

(b)a place or premises that is occupied by or under the management or control of the person.

(4)A person commits an offence if the person contravenes subsection (2) in the course of conducting a business or an undertaking.

Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.

(5)A person is not required to notify the Authority under this section if the person is aware that a notification of a notifiable incident has already been made to the Authority in accordance with this section.

Note

See section 72 of the Criminal Procedure Act 2009 which deals with the evidential burden of proof.

33Manner and form of notification of notifiable incidents

(1)A notification under section 32 must be made in the manner and form approved by the Authority.

(2)The following information must be provided to the Authority with a notification—

(a)the time, date and location of the notifiable incident;

(b)the nature of the notifiable incident;

(c)the circumstances in which the notifiable incident occurred (including the cause of the notifiable incident, if known);

(d)any action taken or proposed to be taken to deal with the notifiable incident;

(e)any other prescribed information.

(3)If any of the information required to be provided under subsection (2) is not known to a person at the time the person notifies the Authority, that information must be provided to the Authority in accordance with this section as soon as practicable after the person becomes aware of the information.

34Privilege against self-incrimination does not apply

(1)A person is not excused from notifying the Authority under section 32 on the grounds that the information provided by the person as part of a notification might tend to incriminate the person or make the person liable to a penalty.

(2)A notification or any information given by a person as part of a notification under section 32 is not admissible in evidence against the person in a proceeding for an offence or for the imposition of a penalty, other than a proceeding that relates to false or misleading information that is provided by the person in relation to a notification.

PART 3.5—DUTIES RELATING TO CONTAMINATED LAND

Division 1—Core concepts and application of Part

35What is contaminated land?

(1)Subject to subsection (2), land is contaminated if waste, a chemical substance or a prescribed substance is present on or under the surface of the land, and the waste, chemical substance or prescribed substance—

(a)is present in a concentration above the background level; and

(b)creates a risk of harm to human health or the environment.

(2)Land is not contaminated—

(a)merely because waste, a chemical substance or a prescribed substance is present in a concentration above the background level in water that is on or above the surface of the land; or

(b)if any prescribed circumstances apply to the land.

36Background level of waste or substances

For the purposes of this Part, the background level of waste, a chemical substance or a prescribed substance in relation to land is—

(a)the background level in relation to the waste, chemical substance or prescribed substance specified in or determined in accordance with—

(i)an environment reference standard; or

(ii)the regulations; or

(iii)a determination made by the Authority in accordance with the regulations; or

(b)if paragraph (a) does not apply, the naturally occurring concentration of the waste, chemical substance or prescribed substance on or under the surface of the land in the vicinity of the land.

37What is notifiable contamination?

Notifiable contamination, in relation to contaminated land, means contamination that is—

(a)prescribed notifiable contamination; or

(b)if the regulations do not prescribe notifiable contamination by a particular waste, chemical substance or prescribed substance, contamination for which the reasonable cost of action to remediate the land is likely to exceed—

(i)$50 000; or

(ii)any other prescribed amount.

38Act applies whenever land contaminated

This Act applies to land that is contaminated before, on or after the commencement of this Act.

Division 2—Duties relating to contaminated land

39Duty to manage contaminated land

(1)A person in management or control of contaminated land must minimise risks of harm to human health and the environment from the contaminated land so far as reasonably practicable.

(2)For the purposes of subsection (1), minimising risks of harm to human health and the environment from contaminated land includes (but is not limited to) carrying out any of the following—

(a)identification of any contamination that the person knows or ought reasonably to know of;

(b)investigation and assessment of the contamination;

(c)provision and maintenance of reasonably practicable measures to minimise risks of harm to human health and the environment from the contamination, including undertaking clean up activities where reasonably practicable;

(d)provision of adequate information to any person that the person in management or control of the contaminated land reasonably believes may be affected by the contamination, including—

(i)sufficient information to identify the contamination; and

(ii)the results of investigation and assessment referred to in paragraph (b); and

(iii)the risks of harm to human health and the environment from the contamination;

(e)provision of adequate information to enable any person who is reasonably expected to become a person in management or control of the contaminated land to comply with the duty to manage contaminated land.

Note

See section 6 in relation to the concept of minimising risks of harm to human health and the environment.

(3)A person in management or control of land may recover in a court of competent jurisdiction, as a debt due to the person, any reasonable costs incurred in complying with a duty under section 39(1) or 40(1), including any reasonable costs incurred by the person in taking action under this section, against any person responsible for causing or contributing to contamination of the land.

40Duty to notify of contaminated land

(1)A person in management or control of land must notify the Authority if the land has been contaminated by notifiable contamination as soon as practicable after the person becomes aware of, or reasonably should have become aware of, the notifiable contamination.

498Analysts

On the commencement day, a person who is an analyst appointed under section 57 of the old Act is taken to have been appointed as an analyst under section 245 of the new Act on the same terms as applied to that person immediately before that day.

PART 16.8—TRANSITIONAL PROVISIONS: VCAT MATTERS

499General provisions relating to VCAT

(1)Subject to section 475, an application to VCAT for review of a decision made under a provision of the old Act before the commencement day that had not been finally determined before that day is to continue to be determined on and after that day as if the old Act were still in force.

(2)Subject to section 475, a person who, immediately before the commencement day—

(a)had a right to make an application to VCAT for review of a decision made under a provision of the old Act; and

(b)had not done so before that day—

may make such an application on or after that day, within the period allowed under the old Act for making that application, as if the old Act were still in force and the application is to be determined as if the old Act were still in force.

(3)Subsection (4) applies to a decision made under a provision of the old Act before the commencement day that, on or after that day, is under the Victorian Civil and Administrative Tribunal Act 1998—

(a)affirmed or varied by VCAT; or

(b)set aside and another decision substituted for it by VCAT; or

(c)set aside by VCAT and another decision made by the decision-maker on the matter being remitted to the decision-maker by VCAT for re-consideration.

(4)A permission arising by operation of the decision is taken to be a permission under the new Act of a kind that it would have been taken to be by operation of this Chapter had an application not been made to VCAT for review of the decision made under the old Act.

Note

See also section 51(3) of the Victorian Civil and Administrative Tribunal Act 1998.

PART 16.9—TRANSITIONAL PROVISIONS: REGULATIONS

Division 1—Saving of Environment Protection (Industrial Waste Resource) Regulations 2009

500Saving of the Environment Protection (Industrial Waste Resource) Regulations 2009

Despite section 5 of the Subordinate Legislation Act 1994, the Environment Protection (Industrial Waste Resource) Regulations 2009, as in force immediately before 1 July 2019, are taken to remain in force until the day on which section 63 of the Environment Protection Amendment Act 2018 comes into operation.

Division 2—Saving of Environment Protection (Vehicle Emissions) Regulations 2013

501Saving of the Environment Protection (Vehicle Emissions) Regulations 2013

Despite the repeal of the old Act, the Environment Protection (Vehicle Emissions) Regulations 2013 as in force immediately before the commencement day, are taken to remain in force during the period—

(a)beginning on the commencement day; and

(b)ending on 10 December 2023 or, if the regulations are revoked before that date, on the day on which they are revoked.

Division 3—Transitional regulations

*                *                *                *                *

PART 16.10—TRANSITIONAL PROVISIONS—VICTORIAN WASTE AND RESOURCE RECOVERY INFRASTRUCTURE PLANNING FRAMEWORK

503Saving of the Victorian Waste and Resource Recovery Infrastructure Planning Framework

Despite the repeal of Chapter 13 by section 60 of the Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022, until the date on which the approved inaugural Victorian Recycling Infrastructure Plan takes effect in accordance with section 37I of the Circular Economy (Waste Reduction and Recycling) Act 2021—

(a)the State-Wide Waste and Resource Recovery Infrastructure Plan in force immediately before the repeal of Chapter 13 remains in force as if that Chapter had not been repealed and may be amended or varied in accordance with that Chapter as in force immediately before its repeal; and

(b)a Regional Waste and Resource Recovery Implementation Plan in force immediately before the repeal of Chapter 13 remains in force as if that Chapter had not been repealed and may be amended or varied in accordance with that Chapter as in force immediately before its repeal; and

(c)any guidelines made under section 427 before the repeal of Chapter 13, being guidelines that applied to the Plans referred to in paragraphs (a) and (b) immediately before the repeal of that Chapter, continue in force in relation to those Plans as if that Chapter had not been repealed; and

(d)sections 424 and 426 as in force immediately before the repeal of Chapter 13 continue to apply as if that Chapter had not been repealed.

CHAPTER 17—FURTHER TRANSITIONAL PROVISIONS

PART 17.1—TRANSITIONAL PROVISIONS—ENVIRONMENT LEGISLATION AMENDMENT (CIRCULAR ECONOMY AND OTHER MATTERS) ACT 2022

503ADefinitions

In this Part—

extant relevant permission application means a relevant permission application, within the meaning of section 49A, that is on foot but not determined immediately before the commencement of section 31;

2022 Act means the Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022.

504Application fees

(1)On and from the commencement of section 31 of the 2022 Act—

(a)section 50A applies to an extant relevant permission application, if a prescribed fee accompanying the application has not been paid; and

(b)this Act applies to an extant relevant permission application, if a prescribed fee accompanying the application has been paid, as if section 50A had not been enacted.

(2)On and from the commencement of section 44 of the 2022 Act—

(a)section 90A applies to an application for an authorisation under section 90 that is on foot but not determined immediately before that commencement, if a prescribed fee accompanying the application has not been paid; and

(b)this Act applies to an application for an authorisation under section 90 that is on foot but not determined immediately before that commencement, if a prescribed fee accompanying the application has been paid, as if section 90A had not been enacted.

(3)On and from the commencement of section 48 of the 2022 Act—

(a)section 157A applies to an application for an authorisation under section 157 that is on foot but not determined immediately before that commencement, if a prescribed fee accompanying the application has not been paid; and

(b)this Act applies to an application for an authorisation under section 157 that is on foot but not determined immediately before that commencement, if a prescribed fee accompanying the application has been paid, as if section 157A had not been enacted.

(4)On and from the commencement of section 51 of the 2022 Act—

(a)section 181A applies to a submission under section 181 that is on foot but not determined immediately before that commencement, if a prescribed fee accompanying the submission has not been paid; and

(b)this Act applies to a submission under section 181 that is on foot but not determined immediately before that commencement, if a prescribed fee accompanying the submission has been paid, as if section 181A had not been enacted.

(5)On and from the commencement of section 55 of the 2022 Act—

(a)section 277A applies to an application under section 277 that is on foot but not determined immediately before that commencement, if a prescribed fee accompanying the application has not been paid; and

(b)this Act applies to an application under section 277 that is on foot but not determined immediately before that commencement, if a prescribed fee accompanying the application has been paid, as if section 277A had not been enacted.

(6)On and from the commencement of section 63 of the 2022 Act—

(a)section 459AA applies to an application for an exemption under section 459 that is on foot but not determined immediately before that commencement, if a prescribed fee accompanying the application has not been paid; and

(b)this Act applies to an application for an exemption under section 459 that is on foot but not determined immediately before that commencement, if a prescribed fee accompanying the application has been paid, as if section 459AA had not been enacted.

505Time for determining applications, request for additional information

(1)On and from the commencement of section 32 of the 2022 Act, sections 51A and 51B apply to any relevant permission application that is on foot but not determined immediately before that commencement.

(2)On and from the commencement of section 65 of the 2022 Act, sections 459A and 459B apply to an application for an exemption under section 459 that is on foot but not determined immediately before that commencement.

*                *                *                *                *

SCHEDULE 1—REGULATIONS

1Duties

1.1Regulating the way in which duties or obligations imposed by this Act or the regulations, including but not limited to the general environmental duty, are performed.

1.2Prescribing standards for the performance of functions or duties imposed by this Act or the regulations.

2Septic tanks

2.1The construction, installation, alteration, maintenance, repair, notification and monitoring of septic tank systems.

*                *                *                *                *

4Contaminated land

4.1Investigation and assessment of suspected contaminated land.

4.2Assessment, management and remediation of contaminated land.

4.3Exempting a person or class of person in management or control of land from a duty to manage contaminated land or a duty to notify of notifiable contamination, whether unconditionally or on specified conditions and to any extent as specified in the regulations.

5Financial assurances

5.1Circumstances in which the provision of a financial assurance by a person is a condition of a permission.

5.2Exempting a person or class of person from the requirement to provide a financial assurance as a condition of a permission.

5.3Prescribing the financial assurance risk assessment criteria.

6Waste

6.1Regulating or prohibiting things that may become litter or waste.

6.2Further regulating waste in connection with Part 6.3, including in relation to the loading, or moving of, vehicles.

6.3Regulating or prohibiting the deposit, affixing and commission of documents (including unsolicited documents) or advertising material.

6.4Prohibiting the defacement of, or setting fire to, public litter receptacles.

6.5Regulating or prohibiting the production, generation, collection, consignment, transfer, transport, receipt, handling, storage, use, management, containment, treatment and processing of waste.

6.6Regulating or prohibiting waste disposal.

6.6ARegulating what constitutes the background level of waste, a chemical substance or a prescribed substance in relation to land or prescribing methods for determining that.

6.7Regulating resource recovery.

6.8Regulating or prohibiting reuse of waste and the use of recycled substances.

6.9Allocating responsibility for operations in relation to waste management, waste disposal and resource recovery.

6.10Regulating or prohibiting the supply or sale of plastic products, plastic packaging or plastic bags.

6.11Requiring supply of alternatives to plastic products, plastic packaging or plastic bags.

6.11AProhibiting the provision of false or misleading information relating to plastic products, plastic packaging or plastic bags.

6.12Prescribing the period of time after which storage of a prescribed type, class or category of waste is taken to be waste disposal, including where stored at the same location as the operation that generated the waste.

6.13Prescribing any waste or class of waste to be priority waste.

6.14Prescribing types, classes or categories of waste to be industrial waste.

6.15Prescribing priority waste to be any of the following types of priority waste—

(a)Category A priority waste;

(b)Category B priority waste;

(c)Category C priority waste;

(d)packaged waste asbestos;

(e)any other category of priority waste.

6.16Regulating or prohibiting any matter relating to transport of industrial waste and the receipt of industrial waste at any place or premises.

6.17Prescribing any conditions or controls that apply to any type, class or category of priority waste.

6.18Exempting any type, class or category of priority waste from a requirement under this Act.

6.19Prescribing requirements for making and keeping records relating to the production, generation, collection, consignment, transfer, transport, receipt, handling, storage, use, management, containment, treatment and processing of waste, waste disposal or resource recovery.

6.20Prescribing requirements for notification and reporting relating to the production, generation, collection, consignment, transfer, transport, receipt, handling, storage, use, management, containment, treatment and processing of waste, waste disposal or resource recovery.

6.21Prohibiting disposal of any type, class or category of waste at a landfill site.

6.22Exempting a person, or class of person, with management or control of priority waste from the duty to identify and assess alternatives to waste disposal for the priority waste, whether unconditionally or on specified conditions and to any extent as specified in the regulations.

7Waste levy scheme

7.1The municipal districts that are subject to higher municipal and industrial waste levy rates.

7.2The calculation and payment of a waste levy.

7.3The calculation of allowable rebates, including the criteria and conditions for claiming allowable rebates.

7.4Regulating any other matter relevant to the calculation or determination of a person's liability to pay a waste levy.

8Pollution and pollution incidents

8.1Regulating matters in connection with pollution incidents and notifiable incidents.

8.2Regulating or prohibiting the discharge, emission or deposit into the environment of any substance or matter.

8.3Monitoring or observation of any discharge, emission or deposit into the environment of any substance or matter.

8.4Prescribing emission standards (including noise emission standards) and standards of maximum permissible concentrations for emissions or discharges to the environment.

8.5Regulating or prohibiting the emission or discharge of greenhouse gas substances, including for the purposes of contributing to the State's long-term emissions reduction target and interim emissions reduction targets under the Climate Action Act 2017.

8.6Prescribing standards for the emission or discharge of greenhouse gas substances, including emission intensity standards and maximum levels of emissions of greenhouse gas substances.

8.7Prescribing the conditions under which greenhouse gas substances may be emitted or discharged.   

9Environmental audits

9.1Appointing and reappointing environmental auditors, including the suspension and revocation of the appointment of environmental auditors.

9.2Regulating matters in connection with the conduct and oversight of environmental auditors.

9.3Regulating matters in connection with preliminary risk screen assessments and environmental audits.

10Permissions

10.1Prescribing activities or classes of activity to be development activities, operating activities, permit activities or registration activities.

10.2Regulating or prohibiting exemptions from a requirement to hold a permission.

10.3Prescribing circumstances in which persons may, or must not, engage in an activity or class of activity without a permission.

10.4Prescribing permission activities that a person or class of person, including prohibited persons, may not engage in.

10.5Prescribing activities or classes of activities to be permit activities to be administered by a council.

10.6Determining the type of permission that must be held by a person engaging in an activity or class of activity.

10.7Determining the process for changing the type of permission that must be held by a person engaging in an activity or a class of activity.

10.8Regulating or prohibiting conditions to which permissions are subject.

10.9Regulating or prohibiting the surrender or revocation of permissions.

10.10Regulating procedures relating to permissions, including applications for permissions.

10.11Regulating the review of permissions or decisions relating to permissions.

10.12Regulating or prohibiting the factors considered during the determination of decisions relating to permissions.

10.13Regulating consultation procedures and requirements relating to permissions.

11Appointments

11.1Regulating the appointment of authorised officers.

11.2Regulating the conditions that may be placed on the appointment of a person or a class of person under this Act.

12Noise

12.1Regulating the prevention, minimisation or control of noise, including—

(a)regulating or prohibiting the use, supply, distribution or sale of any item, equipment or vehicle; and

(b)regulating or prohibiting the manufacture or assembly of any item, equipment or vehicle.

12.2Prescribing noise that is not to be unreasonable noise.

13Better environment plans

13.1Regulating the submission and acceptance of proposed better environment plans.

13.2Regulating the content of better environment plans.

14Issues of environmental concern

14.1Regulating or prohibiting issues declared to be issues of environmental concern.

15Public Register

15.1Regulating or prohibiting the information to be contained in the Public Register.

16Economic instruments

16.1Regulating the administration, implementation, compliance and enforcement of economic instruments.

16.2Prescribing the circumstances in which compliance with a requirement under an economic instrument is taken to be compliance with, or an exemption from, a requirement under this Act.

16.3Regulating the rights and duties of holders of entitlements held in relation to an economic instrument.

16.4Prescribing the circumstances in which the application of an economic instrument to a specific person or class of persons, geographical area, segment of the environment, pollution or class of pollution, waste or class of waste may be set by Order of the Authority.

16.5Regulating the approval or recognition of compensatory measures.

17Product or substance regulation

17.1Regulating the labelling of products with respect to standards of environmental performance.

17.2Regulating or prohibiting the sale or supply of products that do not comply with standards of environmental performance.

17.3Regulating or prohibiting the sale, use, manufacture, assembly, construction or installation of vehicles, facilities, equipment or machinery or other products to ensure compliance with prescribed standards.

17.4Regulating or prohibiting the production of petrol.

17.5Regulating or prohibiting the storage, use, manufacture, containment, handling, transport or disposal of chemical substances.

18Records and notifications

18.1Regulating the making and keeping of records required under this Act by persons performing functions or duties, or exercising powers, under this Act.

18.2Regulating the giving of notifications required under this Act.

18.3Regulating the provision or reporting of information under this Act.

SCHEDULE 2—AMOUNT PAYABLE AS WASTE LEVY

Table 1

Date when waste is received	Amount of waste levy payable under section 145(1) for each tonne of waste received
	Premises in prescribed municipal districts		Premises that are not in prescribed municipal districts
	Municipal waste	Industrial waste	Municipal waste	Industrial waste
On or after 1 July 2021 and before 1 July 2022	$105.90	$105.90	$52.95	$93.19
On or after 1 July 2022 and before 1 July 2023	$125.90	$125.90	$62.95	$110.79
On or after 1 July 2023 and before 1 July 2025	8·13 fee units	8·13 fee units	4·06 fee units	7·15 fee units
On or after 1 July 2025 and before 1 July 2026	$169.79	$169.79	$84.78	$149.33
On or after 1 July 2026	10·26 fee units	10·26 fee units	5·12 fee units	9·03 fee units

Note

The regulations may prescribe municipal districts that are subject to a higher waste levy payable for each tonne of municipal waste or industrial waste that is received.

Table 2

Date when waste is received	Amount of waste levy payable under section 145(2) for each tonne of priority waste received
	Packaged waste asbestos	Category B waste	Category C waste	Category D waste
On or after 1 July 2021 and before 1 July 2022	2·06 fee units	17·15 fee units	$105.90	$105.90
On or after 1 July 2022 and before 1 July 2023	2·06 fee units	17·15 fee units	$125.90	$125.90
On or after 1 July 2023 and before 1 July 2025	2·06 fee units	17·15 fee units	8·13 fee units	8·13 fee units
On or after 1 July 2025 and before 1 July 2026	2·06 fee units	17·15 fee units	$169.79	$169.79
On or after 1 July 2026	2·06 fee units	17·15 fee units	10·26 fee units	10·26 fee units

Note

There is no amount of waste levy payable for receiving Category A waste as receiving Category A at a landfill is prohibited.

The regulations may prescribe an amount payable as the waste levy for each tonne of priority waste (other than Category B waste, Category C waste, Category D waste or packaged waste asbestos) that is received.

═════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 7 June 2017

Legislative Council: 22 August 2017

The long title for the Bill for this Act was "A Bill for an Act to provide for the continuation of the Environment Protection Authority, to specify a new objective of the Authority, to provide for a new governance structure of the continued Authority, to provide for the Governing Board of the Authority and to make consequential amendments to the Environment Protection Act 1970 and the Public Administration Act 2004 and for other purposes."

The Environment Protection Act 2017 was assented to on 24 October 2017 and came into operation as follows:

Sections 1, 2, 4, 30–32 on 1 January 2018: Special Gazette (No. 433) 12 December 2017 page 1; sections 3, 5–29, 33–46 on 1 July 2018: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     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 2017 by Acts and subordinate instruments.

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

Environment Protection Act 2017, No. 51/2017

Assent Date:	24.10.17
Commencement Date:	S. 46 on 1.7.18: s. 2(2); s. 502(5) inserted on 1.7.21 by No. 39/2018 s. 20: Special Gazette (No. 124) 16.3.21 p. 1; s. 28(7) inserted on 1.7.21 by No. 39/2018 s. 7: Special Gazette (No. 124) 16.3.21 p. 1
Note:	S. 46 repealed Pt 4 (ss 27–46) on 1.7.19; s. 502(5) provided that s. 502 expired on 1.7.23; s. 28(7) repealed Ch. 3 Pt 3.3 (s. 28) on 1.7.25
Current State:	This information relates only to the provision/s amending the Environment Protection Act 2017

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by Nos 27/2019, 3/2020, 11/2020, 47/2020)

Assent Date:	28.8.18
Commencement Date:	S. 19 on 28.8.18: s. 2(2) (as amended by No. 11/2020 s. 54); ss 4–18, 20–23 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1
Current State:	This information relates only to the provision/s amending the Environment Protection Act 2017

Transport Legislation Amendment Act 2019, No. 49/2019[3]

Assent Date:	3.12.19
Commencement Date:	S. 186(Sch. 4 item 18) 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 2017

Circular Economy (Waste Reduction and Recycling) Act 2021, No. 55/2021

Assent Date:	14.12.21
Commencement Date:	Ss 192, 193, 197, 198, 200−207, 209, 210 on 1.7.22: Special Gazette (No. 285) 7.6.22 p. 1
Current State:	This information relates only to the provision/s amending the Environment Protection Act 2017

Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022, No. 36/2022

Assent Date:	6.9.22
Commencement Date:	S. 27 on 1.7.21: s. 2(2)(a); s. 53 on 1.7.21: s. 2(2)(b); s. 58 on 1.7.21: s. 2(2)(c); ss 73, 74 on 1.7.21: s. 2(2)(d); s. 26(1) on 7.9.22: s. 2(3)(b); s. 28 on 7.9.22: s. 2(3)(c); s. 45 on 7.9.22: s. 2(3)(d); s. 46 on 7.9.22: s. 2(3)(e); s. 49 on 7.9.22: s. 2(3)(f); s. 52 on 7.9.22: s. 2(3)(g); ss 56, 57 on 7.9.22: s. 2(3)(h); s. 59 on 7.9.22: s. 2(3)(i); s. 62(3) on 7.9.22: s. 2(3)(j); s. 64(3)(4) on 7.9.22: s. 2(3)(k); s. 66(1)(2) on 7.9.22: s. 2(3)(l); s. 67 on 7.9.22: s. 2(3)(m); s. 71(3) on 7.9.22: s. 2(3)(n); s. 72 on 7.9.22: s. 2(3)(o); ss 25, 26(2), 29–44, 47, 48, 50, 51, 54, 55, 60, 61, 62(1)(2), 63, 64(1)(2), 65, 66(3), 68–70, 71(1)(2), 75 on 1.6.23: s. 2(5)
Current State:	This information relates only to the provision/s amending the Environment Protection Act 2017

Transport Legislation Amendment Act 2023, No. 34/2023

Assent Date:	21.11.23
Commencement Date:	S. 127(Sch. 1 item 4) on 22.11.23: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Environment Protection Act 2017

Environment Legislation Amendment (Circular Economy and Other Matters) Act 2023, No. 35/2023

Assent Date:	28.11.23
Commencement Date:	Ss 31−48 on 20.12.23: Special Gazette (No. 686) 19.12.23 p. 1
Current State:	This information relates only to the provision/s amending the Environment Protection Act 2017

Regulatory Legislation Amendment (Reform) Act 2024, No. 6/2024

Assent Date:	5.3.24
Commencement Date:	Ss 21, 22 on 6.3.24: s. 2(1)
Current State:	This information relates only to the provision/s amending the Environment Protection Act 2017

Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Act 2024, No. 9/2024

Assent Date:	26.3.24
Commencement Date:	S. 27 on 26.3.25: s. 2(3)
Current State:	This information relates only to the provision/s amending the Environment Protection Act 2017

State Taxation Amendment Act 2024, No. 22/2024

Assent Date:	4.6.24
Commencement Date:	S. 24 on 5.6.24: s. 2(2)
Current State:	This information relates only to the provision/s amending the Environment Protection Act 2017

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	S. 113(Sch. 1 item 9) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
Current State:	This information relates only to the provision/s amending the Environment Protection Act 2017

Regulatory Legislation Amendment (Reform) Act 2025, No. 14/2025

Assent Date:	20.5.25
Commencement Date:	Ss 30–39 on 21.5.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Environment Protection Act 2017

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date:	5.8.25
Commencement Date:	S. 100 on 6.8.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Environment Protection Act 2017

Statute Law Revision Act 2025, No. 41/2025

Assent Date:	21.10.25
Commencement Date:	S. 4(Sch. 2 item 12) on 22.10.25: s. 2
Current State:	This information relates only to the provision/s amending the Environment Protection Act 2017

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3   Explanatory details

[1] S. 3(1) def. of North East Waste and Resource Recovery Region (repealed): The amendment proposed by section 41 of the Alpine Resorts Legislation Amendment Act 2022, No. 9/2022 is not included in this publication due to the earlier repeal of the section 3(1) definition of North East Waste and Resource Recovery Region by section 197(c) of the Circular Economy (Waste Reduction and Recycling) Act 2021, No. 55/2021.

Section 41 reads as follows:

41Amendment of section 3 of the Environment Protection Act 2017

In section 3(1) of the Environment Protection Act 2017, in the definition of North East Waste and Resource Recovery Region—

(a)before paragraph (a) insert—

"(aa)Alpine Resorts Victoria, established under the Alpine Resorts (Management) Act 1997;";

(b)paragraphs (c), (f) and (g) are repealed.

[2] Pt 4 (Headings and ss 27−46) (repealed): The amendment proposed by section 21 of the Environment Protection Amendment Act 2018, No. 39/2018 (as amended by Nos 27/2019, 3/2020, 11/2020, 47/2020) is not included in this publication due to the earlier repeal of Part 4 by section 46 of the Environment Protection Act 2017, No. 51/2017.

Section 21 reads as follows:

21Part 4 repealed

Part 4 of the Principal Act is repealed.

[3] Table of Amendments (Transport Legislation Amendment Act 2019): The amendment proposed by section 186(Schedule 4 item 18.1) of the Transport Legislation Amendment Act 2019, No. 49/2019 is not included in this publication because section 338(a) is not part of this Act on the commencement date of section 186(Schedule 4 item 18.1).

Section 186(Schedule 4 item 18.1) reads as follows:

18Environment Protection Act 2017

18.1In section 338(a), for "Roads Corporation" substitute "Secretary to the Department of Transport".