Environment Protection (Amendment) Act 1999 (Vic)
Environment Protection (Amendment) Act 1999
Act No. 2/1999
TABLE OF PROVISIONS
Section Page
1. Purpose 1 2. Commencement 2 3. State environment protection policy 2 4. Power to incorporate measures in policies 2 5. Consequential amendments 2 6. Landfill levy 3 7. New section 50SAA inserted 3 50SAA. Rebate for recycled prescribed industrial waste 3 8. Consequential amendments 4 9. Records 4 10. New sections 50XD and 50XE inserted 4 50XD. Temporary levy 4 50XE. Payment of levy into Environment Protection Fund 5 11. Industry waste reduction agreements 6 12. New section 51B substituted 6
51B. Criteria to be satisfied before Authority enters into an
agreement 6
13. Power to require submission of agreements 6 14. Use of the new levy 7 15. Transport permit required 8 16. New section 53 inserted 8
53. Exemptions 8
17. Sections 53B to 53I substituted 8
53B. Obligation of consignor of waste 8 53C. Obligation to record and notify 9 53D. Obligation of producers of waste 10 53E. Contravention of permit condition 10 53F. Issue of transport permits 10 53G. Fees 11
18. Regulations 12 19. Infringements 12 20. Statute law revision 13
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NOTES 14
i
Victoria
No. 2 of 1999
Environment Protection (Amendment)
Act 1999†
[Assented to 28 April 1999]
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the Environment Protection Act 1970 to make further provision for industry waste reduction
agreements, State environment protection policy and the transport of waste and to impose further landfill levies.
Environment Protection (Amendment) Act 1999
Act No. 2/1999 s. 2
2. Commencement
(1) This section and section 1 come into operation on
the day on which this Act receives the Royal
Assent.
(2) Sections 3, 4, 5, 10, 11, 12, 13, 14, 16, 19(a) and
20 come into operation on the 28th day after theday on which this Act receives the Royal Assent.
(3) Sections 6, 7, 8 and 9 come into operation on
1 July 1999.
(4) Subject to sub-section (5), the remaining
provisions of this Act come into operation on a
day to be proclaimed.
(5) If a provision referred to in sub-section (4) does
not come into operation before 1 October 2000, it
comes into operation on that day.
3. State environment protection policy
After section 16(1B) of the Environment No. 8056.
Reprint No. 11Protection Act 1970 insert— as at 1 July
1997. Further"(1C) The Governor in Council, on the amended by
recommendation of the Authority, by Order No. 57/1998. published in the Government Gazette, may declare State environment protection policy with respect to the re-use and recycling of
substances.".
4. Power to incorporate measures in policies
In section 17A(1) and (2) of the Environment
Protection Act 1970, for "or 16(1A)" substitute", 16(1A) or 16(1C)".
5. Consequential amendments
(1) In section 18A(1)(d) of the Environment
Protection Act 1970, for "or 16(1A)" substitute
", 16(1A) or 16(1C)".
Environment Protection (Amendment) Act 1999
| s. 6 | Act No. 2/1999 |
(2) In section 18D(5) and (6) of the Environment
Protection Act 1970, for "or 16(1A)" substitute
", 16(1A) or 16(1C)".
6. Landfill levy
After section 50S(2) of the Environment
Protection Act 1970 insert—"(2A) The holder of a licence in respect of premises licensed to be used for the discharge or deposit to land of wastes that
are prescribed industrial waste must pay to the Authority a landfill levy of $10 for each tonne of that waste that is deposited on to
land at the premises.".
7. New section 50SAA inserted
After section 50SA of the Environment
Protection Act 1970 insert—
"50SAA. Rebate for recycled prescribed industrial
waste
(1) This section applies if prescribed industrial waste is removed from premises licensed to be used for the discharge or deposit to land of the waste to enable it to be recycled,
reprocessed, recovered or purified by an
operation separate from that which produced
it.(2) The holder of the licence in respect of the
premises is entitled to a rebate of any landfill
levy paid under 50S(2A) for each tonne of
that waste that is removed from the premises
within 3 years after being deposited at the
premises.
Environment Protection (Amendment) Act 1999
Act No. 2/1999 s. 8 (3) The amount of the rebate is the amount of
the landfill levy that was paid in respect of a
tonne of prescribed industrial waste at the
time the waste was deposited at the
premises.".
8. Consequential amendments
(1) In section 50SB of the Environment Protection
Act 1970—
(a)
in sub-section (1), after "schedule two premises" insert "or premises licensed to discharge or deposit wastes to land";
(b)
in sub-sections (2) and (5)(b)(ii), after "50SA" insert "or 50SAA".
(2) In section 50T of the Environment Protection
Act 1970, for "schedule two premises may not be prescribed for the purposes of" substitute "premises are not subject to the levy payable under".
(3) In section 50U(1) of the Environment Protection
Act 1970, omit "in respect of a schedule two premises".
9. Records
In sections 50V(1)(b) and 50W(1)(b) of the insert "or 50SAA".
10. New sections 50XD and 50XE inserted
After section 50XC of the Environment
Protection Act 1970 insert—
"50XD. Temporary levy
(1) The holder of a licence in respect of
prescribed schedule two premises that are
situated in a municipal district listed in
Schedule C must pay to the Authority an
Environment Protection (Amendment) Act 1999
| s. 10 | Act No. 2/1999 |
additional landfill levy of $1 for each tonne
of waste that is deposited on to land at the
premises during the period commencing on
1 July 1999 and ending on 30 June 2002.(2) The provisions of this Division, other than section 50S(5), apply to the additional levy referred to in sub-section (1) as if it were
payable under section 50S(1).
50XE. Payment of levy into Environment
Protection Fund
(1) Despite sections 52A and 52B, the Authority must ensure that all money received by it or on its behalf under section 50XD is paid into the Environment Protection Fund established under section 70.
(2) There may be paid out of the Environment Protection Fund—
(a) any amount the Authority is required to pay to a person under this Part as a refund of any levy paid under section 50XD; and (b) any amount needed to refund any money paid into the Environment Protection Fund under sub-section (1) as a result of a miscalculation or other
error.(3) Money paid into the Environment Protection Fund under sub-section (1), other than money referred to in sub-section (2), is to be applied by the Authority in the manner authorised by the Minister and for such purposes as are authorised by the Minister that relate to the collection of and reprocessing of recyclable materials.".
Environment Protection (Amendment) Act 1999
Act No. 2/1999 s. 11
11. Industry waste reduction agreements
In section 51A(2) of the Environment Protection
Act 1970—
(a) in paragraph (b), omit "all or any of";
(b)
in paragraph (b)(i), (ii) and (iii), for "; or" substitute "; and".
12. New section 51B substituted
For section 51B of the Environment Protection
Act 1970 substitute—
"51B. Criteria to be satisfied before Authority
enters into an agreement
The Authority may enter into an industry waste reduction agreement with any person, or with any association representing an industry, to whom this Division applies who has submitted a draft industry waste reduction agreement that—
(a) deals with all the matters listed in section 51A(2); and (b) the Authority is satisfied is consistent regulations; and
(c) is in a form approved by the Authority.".
13. Power to require submission of agreements For section 51E(1) of the Environment Protection Act 1970 substitute—
"(1) The Authority may require any person or
who is not a party to an industry waste
reduction agreement to submit to theindustry to whom this Division applies and agreement that—
Environment Protection (Amendment) Act 1999
| s. 14 | Act No. 2/1999 |
(a)
deals with all the matters listed in section 51A(2); and
(b)
is consistent with any relevant policy and regulations; and
(c)
is in a form approved by the Authority.".
14. Use of the new levy
(1) In section 52A of the Environment Protection
Act 1970—
(a)
in sub-section (2), after "Part" insert ", other than the levy paid under section 50S(2A),";
(b)
in sub-section (3)(a), after "Part" insert "other than refunds of any levy paid under section 50S(2A)".
(2) In section 70 of the Environment Protection Act
1970—
(a) in sub-section (3), after paragraph (aa) "(ab) any money collected as a levy under
section 50S(2A); and".
(b)
in sub-section (6), after "(3)(aa)" insert "or (3)(ab)".
(3) After section 70(6) of the Environment
Protection Act 1970 insert—
"(7) There may be paid out of the Environment
Protection Fund—
(a)
any amount the Authority is required to pay to a person as a refund of any levy paid under section 50S(2A); and
(b)
any amount needed to refund any money paid into the Fund under sub-
Environment Protection (Amendment) Act 1999
Act No. 2/1999 s. 15 section (3)(ab) as a result of a miscalculation or other error."
15. Transport permit required
In section 53A of the Environment Protection
Act 1970—
(a)
in sub-section (1), omit "for each vehicle used or to be used";
(b) in sub-section (2)—
(i) under the Local Government Act
for "refuse disposal group established group established under Part IX";
(ii) omit "for each vehicle used or to be used".
16. New section 53 inserted
After the heading to Part IXA of the
Environment Protection Act 1970 insert—
"53. ExemptionsWithout limiting the powers of the Authority under this Act, the Authority may exempt a person from the requirement to hold a permit under this Part if the Authority is satisfied that the person holds a valid authorisation to transport prescribed waste under the law of another State or Territory.".
17. Sections 53B to 53I substituted
For sections 53B to 53I of the Environment
Protection Act 1970 substitute—
"53B. Obligation of consignor of waste
Environment Protection (Amendment) Act 1999
| s. 17 | Act No. 2/1999 |
(1) A person must not cause or permit any
prescribed waste or prescribed industrial
waste to be transported on a highway from
any premises or place owned or occupied by
that person unless the vehicle used totransport the waste—
(a)
is authorised by a permit to transport prescribed industrial waste; or
(b)
the vehicle is exempted by the regulations from the requirement to be authorised by a permit to transport that waste.
Penalty: 200 penalty units.
(2) It is a defence to a charge brought under sub-
section (1) if the person charged establishes
that the person used all due diligence to
prevent the contravention.
53C. Obligation to record and notify
A person who does all or any of the following—
(a) causes or permits prescribed industrial premises or place occupied by that person; or
(b) transports on a highway any prescribed industrial waste; or (c) receives prescribed industrial waste at any premises or place— must comply with any of the regulations applying to that person which require the identification of the waste, the making and
keeping of records about the waste or the
movement of the waste, the notification and
Environment Protection (Amendment) Act 1999
Act No. 2/1999 s. 17 reporting of information about the waste and
the movement of the waste.Penalty: 200 penalty units.
53D. Obligation of producers of waste
A producer of prescribed industrial waste must take reasonable steps to ensure that prescribed industrial waste that is transported
from any premises or place occupied by that producer is consigned to and received by—
(a) an occupier of premises licensed by the Authority under section 20(3A) to dispose of, treat, store or reprocess that prescribed industrial waste; or (b) Penalty: 200 penalty units. an occupier of premises exempted by under section 20(3A).
53E. Contravention of permit condition
A permit holder must not contravene a condition of a permit that is imposed by the Authority and specified in the permit or that is prescribed by the regulations.
Penalty: 100 penalty units and a daily
penalty of not more than 40
penalty units for each day during
which the offence continues after
conviction or after service by the
Authority on the permit holder of
a notice of contravention
whichever occurs first.53F. Issue of transport permits
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| s. 17 | Act No. 2/1999 |
(1) The Authority may, in accordance with the regulations, issue, renew, transfer, suspend or cancel a permit to transport prescribed
waste or prescribed industrial waste.
(2) A permit may only be applied for, issued,
refused, renewed, transferred, suspended or
cancelled in accordance with the regulations.
(3) The Authority may issue a permit to a person referred to in section 53A(1) or a public authority or regional waste management group referred to in section 53A(2) in respect
of each vehicle used or to be used to
transport the waste or in respect of all
vehicles used or to be used by that person or
authority to transport the waste.(4) The Authority may issue a permit subject to any conditions specified by the Authority or prescribed by the regulations.
(5) Without limiting any other power of the
Authority, the Authority may refuse to issue, renew or transfer a permit unless the applicant provides the Authority with a financial assurance satisfactory to the Authority in accordance with section 67B.
53G. Fees
(1) The Authority may charge the fees
prescribed by the regulations for applications
for the issue, transfer and variation of
permits and for the annual renewal ofpermits.
(2) An application fee must not exceed 200 fee
units.
(3) An annual fee for a permit must not exceed
200 fee units in respect of each vehicle to
which the permit applies.".
Environment Protection (Amendment) Act 1999
Act No. 2/1999 s. 18
18. Regulations
In section 71(1) of the Environment Protection
Act 1970—
(a)
in paragraph (la) for "section 53A" substitute "Part IXA";
(b)
for paragraph (lc) substitute— "(lc) prescribing fees not exceeding 200 fee
units for applications for the issue, those permits, fees not exceeding 200 fee units in respect of each vehicle to which the permit is to apply;";
transfer and variation of permits under
(c)
for paragraph (ld) substitute— "(ld) identification of waste, the making and
keeping of records about waste or the
movement of waste, the notification
and reporting of information about thewaste or the movement of waste;
(lda) permits required under section 53A,
including—
(i) applications for the issue of and variation of those permits;
(ii) the issue of those permits;
(iii) conditions on those permits;(iv) the transfer and variation of permits;
(v) the refusal and suspension or cancellation of those permits;
(vi) the renewal of those permits;".
19. Infringements
Environment Protection (Amendment) Act 1999
Act No. 2/1999
In Schedule A to the Environment Protection
Act 1970—
(a) for "53" substitute "51E(5), 51F(4)";
(b)
for "53B(5), 53I(3)" substitute "53A (other than a continuing offence), 53E (other than a continuing offence)".
20. Statute law revision
In section 13(1)(cd) of the Environment
Protection Act 1970 for "(cd)" substitute "(cb)".
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Environment Protection (Amendment) Act 1999
Act No. 2/1999 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 13 November 1998
Legislative Council: 13 April 1999
The long title for the Bill for this Act was "to amend the Environment
Protection Act 1970 to make further provision for industry waste
reduction agreements, State environment protection policy and the
transport of waste and to impose further landfill levies and for other
purposes."
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