Environment Protection Amendment Act 2018 (Vic)

Environment Protection Amendment Act 2018

No. 39 of 2018

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Amendments to the Environment Protection Act 2017

4Heading to Part 1 substituted

5Purposes

6Definitions

7New sections 4 to 9 and new Chapters 2 to 11 inserted

8Section 4 substituted

9Heading to Part 2 substituted

10Environment Protection Authority

11Objective of the Authority

12Section 7 of the Principal Act substituted

13Vacancies, resignations and removal from office

14Chief executive officer

15Chief environmental scientist

16Heading to Part 3 substituted

17Remuneration and expenses

18New sections 377 to 380 and Chapters 13 to 16 inserted

19Section 25 substituted

20Section 26 substituted

21Part 4 repealed

22Renumbering of certain sections of the Principal Act

23New Schedules 1 and 2 to the Principal Act inserted

Part 3—Amendment of the Mineral Resources (Sustainable Development) Act 1990

24Definitions

25Department Head may endorse work plan or variation to approved work plan

26Department Head must give work plan or variation application to referral authority

27Meaning of public sector body

Part 4—Consequential amendments to other Acts

28Agricultural and Veterinary Chemicals (Control of Use) Act 1992

29Albury-Wodonga Agreement (Repeal) Act 2003

30Alpine Resorts (Management) Act 1997

31Audit Act 1994

32Catchment and Land Protection Act 1994

33 Climate Change Act 2017

34Country Fire Authority Act 1958

35Criminal Procedure Act 2009

36Dangerous Goods Act 1985

37Flora and Fauna Guarantee Act 1988

38Geothermal Energy Resources Act 2005

39Greenhouse Gas Geological Sequestration Act 2008

40Independent Broad-based Anti-corruption Commission Act 2011

41Major Transport Projects Facilitation Act 2009

42Marine (Drug, Alcohol and Pollution Control) Act 1988

43Metropolitan Fire Brigades Act 1958

44Mineral Resources (Sustainable Development) Act 1990

45Offshore Petroleum and Greenhouse Gas Storage Act 2010

46Ombudsman Act 1973

47Parliamentary Committees Act 2003

48Petroleum Act 1998

49Planning and Environment Act 1987

50Pollution of Waters by Oil and Noxious Substances Act 1986

51Port Management Act 1995

52Radiation Act 2005

53Road Safety Act 1986

54Subdivision Act 1988

55Surveillance Devices Act 1999

56Sustainability Victoria Act 2005

57Sustainable Forests (Timber) Act 2004

58Transport (Compliance and Miscellaneous) Act 1983

59Victorian Civil and Administrative Tribunal Act 1998

60Victorian Fisheries Authority Act 2016

61Water Act 1989

62Yarra River Protection (Wilip-gin Birrarung murron) Act 2017

Part 5—Repeal of Environment Protection Act 1970 and amending Act

63Repeal of Environment Protection Act 1970

64Repeal of amending Act

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Endnotes

1      General information

Environment Protection Amendment Act 2018

No. 39 of 2018

[Assented to 28 August 2018]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to reform the legislative framework for the protection of human health and the environment from pollution and waste; and

(b)to amend the Environment Protection Act 2017 to provide for—

(i)a new general environmental duty in relation to risks of harm to human health and the environment from pollution or waste; and

(ii)a new permissions scheme which allows the Environment Protection Authority to issue or grant development licences, operating licences, pilot project licences, permits and registrations; and

(iii)a framework for the management of waste; and

(iv)waste and resource recovery infrastructure and planning; and

(v)the Environment Protection Authority or an authorised officer to issue improvement notices, prohibition notices, notices to investigate, environmental action notices or non‑disturbance notices; and

(vi)a new civil penalty scheme for the contravention of civil penalty provisions under the Environment Protection Act 2017; and

(vii)the collection, use, disclosure and publication of information by the Environment Protection Authority; and

(viii)a system of civil remedies and compensation orders available to the Court; and

(ix)transitional arrangements; and

(c)to repeal the Environment Protection Act 1970; and

(d)to amend the Mineral Resources (Sustainable Development) Act 1990; and

(e)to make consequential amendments to other Acts.

2Commencement

(1)Subject to subsections (2), (3) and (4), this Act comes into operation on a day or days to be proclaimed.

(2)If Part 3 does not come into operation before 1 July 2019, it comes into operation on that day.

(3)Section 19 comes into operation on the day on which this Act receives the Royal Assent.

(4)If a provision of this Act does not come into operation before 1 December 2020, it comes into operation on that day.

3Principal Act

In this Act, the Environment Protection Act 2017 is called the Principal Act.

Part 2—Amendments to the Environment Protection Act 2017

4Heading to Part 1 substituted

For the heading to Part 1 of the Principal Act substitute—

"Chapter 1—Preliminary".

5Purposes

(1)After section 1(d) of the Principal Act insert—

"(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

(j)to provide for waste and resource recovery infrastructure and planning; 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".

(2)In section 1(e) of the Principal Act—

(a)for "(e)" substitute "(o)"; and

(b)omit "the Environment Protection Act 1970 and"; and

(c)for "Public Administration Act 2004." substitute "Public Administration Act 2004 and other Acts.".

6Definitions

(1)In the definition of advisory committee in section 3(1) of the Principal Act, for "section 20" substitute "section 372".

(2)In the definition of Authority in section 3(1) of the Principal Act, for "in existence by section 5(1)" substitute "under section 356".

(3)In the definition of Chairperson in section 3(1) of the Principal Act, for "section 11" substitute "section 363".

(4)In the definition of chief environmental scientist in section 3(1) of the Principal Act, for "section 22" substitute "section 374".

(5)In the definition of chief executive officer in section 3(1) of the Principal Act, for "section 21" substitute "section 373".

(6)In the definition of deputy Chairperson in section 3(1) of the Principal Act, for "section 11" substitute "section 363".

(7)In the definition of Governing Board in section 3(1) of the Principal Act, for "section 9." substitute "section 361;".

(8)In section 3(1) of the Principal Act the definition of commencement day is repealed.

(9)Insert the following definitions in section 3(1) of the Principal Act—

"activity includes—

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

(b)anything prescribed to be an activity;

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;

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;

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

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

(a)Borough of Queenscliffe Council;

(b)Colac Otway Shire Council;

(c)Corangamite Shire Council;

(d)Glenelg Shire Council;

(e)Greater Geelong City Council;

(f)Moyne Shire Council;

(g)Southern Grampians Shire Council;

(h)Surf Coast Shire Council;

(i)Warrnambool City Council;

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

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);

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;

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 burning;

development licence means a licence issued under section 69;

Director, Transport Safety has the same meaning as in the Transport Integration Act 2010;

draft Regional Waste and Resource Recovery Implementation Plan means a Regional Waste and Resource Recovery Implementation Plan prepared by a Waste and Resource Recovery Group for approval by the Minister;

draft State-Wide Waste and Resource Recovery Infrastructure Plan means a State-Wide Waste and Resource Recovery Infrastructure Plan prepared by Sustainability Victoria for approval by the Minister;

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);

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

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

(a)Bass Coast Shire Council;

(b)Baw Baw Shire Council;

(c)East Gippsland Shire Council;

(d)Latrobe City Council;

(e)South Gippsland Shire Council;

(f)Wellington Shire Council;

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

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

(a)Campaspe Shire Council;

(b)Greater Shepparton City Council;

(c)Mitchell Shire Council;

(d)Moira Shire Council;

(e)Murrindindi Shire Council;

(f)Strathbogie Shire Council;

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

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

(a)Ararat Rural City Council;

(b)Ballarat City Council;

(c)Central Goldfields Shire Council;

(d)Golden Plains Shire Council;

(e)Hepburn Shire Council;

(f)Hindmarsh Shire Council;

(g)Horsham Rural City Council;

(h)Moorabool Shire Council;

(i)Northern Grampians Shire Council;

(j)Pyrenees Shire Council;

(k)West Wimmera Shire Council;

(l)Yarriambiack Shire Council;

greenhouse gas substance means—

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

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

groundwater means any water contained in or occurring in a geological structure or formation or an artificial landfill below the surface of land;

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 Victorian Inspectorate 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 appointed under the Victoria Police Act 2013 who is on duty at, or in the vicinity of, a designated place within the meaning of that Act; 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;

Local Government Waste Forum means a Local Government Waste Forum established under section 391;

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

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

(a)Buloke Shire Council;

(b)Gannawarra Shire Council;

(c)Greater Bendigo City Council;

(d)Loddon Shire Council;

(e)Macedon Ranges Shire Council;

(f)Mildura Rural City Council;

(g)Mount Alexander Shire Council;

(h)Swan Hill Rural City Council;

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;

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

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

(a)Banyule City Council;

(b)Bayside City Council;

(c)Boroondara City Council;

(d)Brimbank City Council;

(e)Cardinia Shire Council;

(f)Casey City Council;

(g)Darebin City Council;

(h)Frankston City Council;

(i)Glen Eira City Council;

(j)Greater Dandenong City Council;

(k)Hobsons Bay City Council;

(l)Hume City Council;

(m)Kingston City Council;

(n)Knox City Council;

(o)Manningham City Council;

(p)Maribyrnong City Council;

(q)Maroondah City Council;

(r)Melbourne City Council;

(s)Melton City Council;

(t)Monash City Council;

(u)Moonee Valley City Council;

(v)Moreland City Council;

(w)Mornington Peninsula Shire Council;

(x)Nillumbik Shire Council;

(y)Port Phillip City Council;

(z)Stonnington City Council;

(za)Whitehorse City Council;

(zb)Whittlesea City Council;

(zc)Wyndham City Council;

(zd)Yarra City Council;

(ze)Yarra Ranges Shire Council;

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;

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

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

(a)Alpine Shire Council;

(b)Benalla Rural City Council;

(c)Falls Creek Alpine Resort Management Board;

(d)Indigo Shire Council;

(e)Mansfield Shire Council;

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

(g)Mount Hotham Alpine Resort Management Board;

(h)Towong Shire Council;

(i)Wangaratta Rural City Council;

(j)Wodonga City Council;

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;

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;

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);

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;

Regional Waste and Resource Recovery Implementation Plan means a Regional Waste and Resource Recovery Implementation Plan approved by the Minister under section 420(1);

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 any 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;

site means specified land or a specified parcel of land;

site management order means an order issued under section 275;

State-Wide Waste and Resource Recovery Infrastructure Plan means a State-Wide Waste and Resource Recovery Infrastructure Plan approved by the Minister under section 410;

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

unreasonable noise means noise that—

(a)is 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)is prescribed to be unreasonable noise;

vehicle includes—

(a) a vessel or aircraft; and

(b) a trailer attached to a vehicle;

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

Victorian Waste and Resource Recovery Infrastructure Planning Framework has the meaning given by section 405;

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);

Waste and Resource Recovery Group means a body corporate continued under section 382;

waste and resource recovery region means any of the following—

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

(b)the Gippsland Waste and Resource Recovery Region;

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

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

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

(f)the Metropolitan Waste and Resource Recovery Region;

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

waste 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.".

(10)For section 3(2) of the Principal Act substitute—

"(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.".

7New sections 4 to 9 and new Chapters 2 to 11 inserted

After section 3 of the Principal Act insert—

'4   What 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 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).

Part 3.3—Transitional duty relating to material harm

28Transitional duty relating to material harm

(1)A person must not engage in conduct that results in material harm to human health or the environment from pollution or waste.

Notes

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 section 5 for the definition of material harm.

(2)A person who contravenes subsection (1) commits an offence.

Penalty:In the case of a natural person,

2000 penalty units;

In the case of a body corporate,

10 000 penalty units.

(3)If a person contravenes subsection (1), it

is a defence if the person proves that, in engaging in the conduct, the person did not contravene the general environmental duty.

(4)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).

(5)Proceedings must not be commenced against a person in relation to a contravention of subsection (1) if the person has been convicted of an offence against the general environmental duty constituted by conduct that is the same or substantially the same as the conduct that constitutes the contravention of subsection (1).

(6)Proceedings must not be commenced against a person in relation to a contravention of the general environmental duty if the person has been convicted of an offence under subsection (2) constituted by conduct that is the same or substantially the same as the conduct that constitutes the contravention of the general environmental duty.

(7)This Part is repealed on whichever is the earlier of—

(a)the fourth anniversary of the day on which it comes into operation; or

(b)a day to be proclaimed.

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 specified in, or determined in accordance with, the regulations or an environment reference standard in relation to the waste, chemical substance or prescribed substance; or

(b)if the regulations or an environment reference standard do not specify, or set out how to determine, a background level for the waste, chemical substance or prescribed substance—the naturally occurring concentration of the waste, chemical substance or prescribed substance on or under the surface of 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.

Note

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.

(2)A person commits an offence if the person contravenes subsection (1).

Penalty:In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.

(3)For the purposes of subsection (1), whether a person in management or control of land becomes aware of, or reasonably should have become aware of, notifiable contamination is determined having regard to—

(a)the person's skills, knowledge and experience; and

(b)whether the person could practicably seek advice regarding the contamination; and

(c)any other circumstances of the contamination.

(4)Subsection (1) does not apply if—

(a)the person who is required to notify the Authority under subsection (1) is aware that a notification has already been made to the Authority in accordance with this section; or

(b)the notifiable contamination is a prescribed exempt notifiable contamination.

41Manner and form of notification

(1)If a person in management or control of land has a duty to notify of notifiable contamination in relation to the land, the person must give notice in a form approved by the Authority.

(2)The person must provide the following information to the Authority to the extent that the information is known to the person at the time of giving the notice—

(a)the location of the land;

(b)the activity resulting, or suspected as resulting, in the contamination;

(c)the nature and extent of the contamination;

(d)the nature of the risk of harm to human health and the environment from the contamination;

(e)any other prescribed information.

(3)The information required to be provided under subsection (2) is information that is known to a person at the time the person notifies the Authority.

(4)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.

42Privilege against self-incrimination abrogated

(1)A person in management or control of land is not excused from the duty to notify of notifiable contamination in relation to the land 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)Any information given by a person as part of a notification under this Division 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 under this Division.

Chapter 4—Permissions

Part 4.1—Simplified outline

43Simplified outline—Chapter 4

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

(2)This Chapter provides for the issue or grant of the following permissions—

(a)development licences;

(b)operating licences;

(c)pilot project licences;

(d)permits;

(e)registrations.

(3)Part 4.2 prohibits persons from engaging in specified or prescribed activities without a permission.

(4)Part 4.3 sets out—

(a)the application, transfer and amendment processes for permissions; and

(b)other provisions that apply to permissions generally.

(5)Part 4.4 sets out provisions that apply to development licences, operating licences and pilot project licences and applications relating to those licences.

(6)Part 4.5 sets out provisions that apply to permits and applications relating to permits.

(7)Part 4.6 sets out provisions that apply to registrations and applications relating to registrations.

(8)Part 4.7 provides that a prohibited person must not engage in a prescribed activity.

(9)Part 4.8 provides for an environment protection levy that is to be charged, levied and collected by the Authority.

Part 4.2—Permissions required for certain activities

44Development licences required for development activities

(1)A person must not engage in one or more of the following activities except as authorised by a development licence in respect of the activity—

(a)the construction or installation of plant or equipment for a prescribed development activity;

(b)the development of processes or systems for a prescribed development activity;

(c)the modification, other than general maintenance, of plant, equipment, processes or systems for a prescribed development activity or of the operation of a prescribed development activity—

(i)if the modification creates a risk of material harm to human health or the environment from pollution or waste; or

(ii)in prescribed circumstances.

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

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

Note

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.

(2)Subsection (1) does not apply—

(a)in respect of any action or thing the person takes or does to comply with—

(i)a pilot project licence issued to the person that is in force in respect of the activity; or

(ii)an authorisation granted to the person under section 157 that is in force in respect of the activity; or

(iii)an exemption granted to the person under section 80(1) that is in force in respect of the activity; or

(iv)requirements specified under section 48(a) in respect of the activity; or

(b)in respect of any action or thing that the person is required to take or do under an improvement notice or environmental action notice; or

(c)if a prescribed exemption applies to the person.

(3)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).

45Operating licences required for operating activities

(1)A person must not engage in a prescribed operating activity except as authorised by an operating licence in respect of the activity.

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

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

Note

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.

(2)Subsection (1) does not apply—

(a)in respect of any action or thing the person takes or does to comply with—

(i)a pilot project licence issued to the person that is in force in respect of the activity; or

(ii)an authorisation granted to the person under section 157 that is in force in respect of the activity; or

(iii)an exemption granted to the person under section 80(2) that is in force in respect of the activity; or

(iv)requirements specified under section 48(b) in respect of the activity; or

(b)in respect of any action or thing that the person is required to take or do under an improvement notice or environmental action notice; or

(c)if a prescribed exemption applies to the person.

(3)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).

46Permits required for permit activities

(1)A person must not engage in a prescribed permit activity except as authorised by a permit in respect of the activity.

Penalty:In the case of a natural person, 1000 penalty units;

In the case of a body corporate, 5000 penalty units.

Note

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.

(2)Subsection (1) does not apply—

(a)in respect of any action or thing the person takes or does to comply with—

(i)a pilot project licence issued to the person that is in force in respect of the activity; or

(ii)an authorisation granted to the person under section 157 that is in force in respect of the activity; or

(iii)an exemption granted to the person under section 82 or 83 that is in force in respect of the activity; or

(iv)requirements specified under section 48(c) in respect of the activity; or

(b)in respect of any action or thing that the person is required to take or do under an improvement notice or environmental action notice; or

(c)if a prescribed exemption applies to the person.

(3)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).

47Registration required for registration activities

(1)A person must not engage in a prescribed registration activity, or an activity that is the subject of an Order under section 87(1), except as authorised by a registration in respect of the activity.

Penalty:In the case of a natural person, 500 penalty units;

In the case of a body corporate, 2500 penalty units.

Note

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.

(2)Subsection (1) does not apply—

(a)in respect of any action or thing the person takes or does to comply with—

(i)requirements specified under section 48(d) in respect of the activity; or

(ii)an authorisation granted to the person under section 157 that is in force in respect of the activity; or

(b)in respect of any action or thing that the person is required to take or do under an improvement notice or environmental action notice; or

(c)if a prescribed exemption applies to the person.

(3)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).

48 Determination that person does not require a permission

The Authority may, by notice published in the Government Gazette, specify requirements that a person may meet—

(a)to comply with section 44 if the person does not hold a development licence; or

(b)to comply with section 45 if the person does not hold an operating licence; or

(c)to comply with section 46 if the person does not hold a permit; or

(d)to comply with section 47 if the person does not hold a registration.

Part 4.3—General provisions relating to permissions

49Application of this Part

This Part applies subject to anything to the contrary in Part 4.4, 4.5 or 4.6.

50Form and contents of applications

(1)An application for a permission must—

(a)be made—

(i)in the case of an application made to the Authority, in a form and manner approved by the Authority; or

(ii)in the case of an application made to a council, in the prescribed form and manner; and

(b)be accompanied by any prescribed fee; and

(c)specify whether the application is for—

(i)a development licence; or

(ii)an operating licence; or

(iii)a pilot project licence; or

(iv)a permit; or

(v)a registration; and

(d)specify the activity in relation to which the permission is sought; and

(e)include any prescribed information.

(2)The Authority or a council—

(a)must not deal with an application that does not comply with this section; and

(b)must advise an applicant if an application does not comply with this section.

(3)The Authority or council may require an applicant to provide the Authority or council with information relating to the application that the Authority or council considers necessary.

(4)The time in which the Authority or council must deal with the application does not include—

(a)if the Authority or council requires information under subsection (3), the period from the date that the Authority or council makes the request until the date on which the Authority or council receives the information; or

(b)any period that the Authority or council and the applicant agree is not to be included in that time.

51Authority may deal with application after expiry of determination period

(1)This section applies if, after receiving the application for a licence or permit that complies with section 50, the Authority or a council does not issue or refuses to issue the licence or permit within the period during which the Authority or council must determine the application.

(2)Nothing in this Chapter prevents the Authority or council from continuing to deal with the application.

Note

The applicant may apply to VCAT for review of a failure to issue or refuse to issue the licence or permit within the period during which the Authority or council must determine the application—see section 4(2) of the Victorian Civil and Administrative Tribunal Act 1998.

52Notice of applications for development licences to be published

(1)On receiving an application that complies with section 50 for a development licence, the Authority must ensure that a notice in accordance with subsection (2) is published—

(a)on the Internet site of the Authority; and

(b)in at least one other publication that the Authority considers appropriate, taking into consideration the Charter of Consultation developed under section 53. 

(2)A notice under subsection (1) must—

(a)state that an application for a development licence has been made; and

(b)describe the activity that is the subject of the application; and

(c)contain any prescribed information; and

(d)invite public comments or submissions within the time specified in the notice, being not less than 15 business days from the publication of the notice.

53Authority must develop Charter of Consultation

(1)The Authority must develop a Charter of Consultation.

(2)The Charter of Consultation—

(a)must include guidelines relating to processes for determining applications for permissions; and

(b)must include guidelines for the public notification of, and consultation relating to, applications for permissions; and

(c)must include any prescribed matters; and

(d)may include any other matters that the Authority considers appropriate.

(3)The Authority must publish the Charter of Consultation on the Internet site of the Authority.

54Permission conditions

(1)The Authority or a council may issue a permission subject to conditions specified in the permission.

(2)Without limiting subsection (1), the Authority or council may specify that a permission is subject to a condition—

(a)specifying measures the permission holder must take to comply with the general environmental duty when engaging in the permission activity; or

(b)specifying measures the permission holder must take to meet the objects set out in section 111 when engaging in the permission activity; or

(c)ensuring that the permission activity is engaged in consistently with the Victorian Waste and Resource Recovery Infrastructure Planning Framework; or

(d)relating to the commissioning of plant or equipment, including the setting of performance standards for the commissioning of plant or equipment; or

(e)relating to the monitoring, testing or analysis of any impacts of engaging in the permission activity; or

(f)requiring the permission holder to provide monitoring data, information or performance reports to the Authority or council, the public or both; or

(g)relating to consultation with the local community; or

(h)requiring the permission holder to report to the Authority or council on compliance with the conditions of the permission; or

(i)relating to pollution incident planning, reporting or responses; or

(j)relating to the cessation of the permission activity; or

(k)requiring the permission holder to provide a financial assurance; or

(l)relating to any prescribed matter.

(3)Without limiting subsection (1), the Authority or council may specify that a permission is subject to a condition—

(a)that the permission activity must only be engaged in at a specified place or using a specified vehicle; or

(b)requiring a person or class of persons approved by the Authority or council to engage in a specified activity.

(4)For the purposes of subsection (2)(f), the Authority or council may specify in the permission—

(a)the intervals of time at which any monitoring data, information and performance reports must be supplied to the Authority or council or provided to the public; and

(b)the form and manner in which that data and information must be supplied to the Authority or council or provided to the public.

55Permission fees

The holder of a permission must pay any prescribed fee at the prescribed time or for the prescribed period.

56Transfer of licence or permit

(1)A person may, with the agreement of the holder of a licence or permit, apply for the transfer of that licence or permit to the applicant.

(2)An application under subsection (1) must be made—

(a)in the case of a licence or permit issued by the Authority, to the Authority; or

(b)in the case of a permit issued by a council, to that council.

(3)An application under subsection (1) must—

(a)be made—

(i)in the case of an application made to the Authority, in a form and manner approved by the Authority; or

(ii)in the case of an application made to a council, in the prescribed form and manner; and

(b)be accompanied by the prescribed fee; and

(c)be accompanied by any information or thing required by the Authority or council.

(4)The Authority or council must, within 20 business days after receiving an application under subsection (1)—

(a)refuse to transfer the licence or permit; or

(b)transfer the licence or permit subject to any conditions that the Authority or council considers appropriate.

(5)The Authority or council must refuse to transfer a licence or permit if the Authority or council considers that the applicant is not a fit and proper person to hold a licence or permit.

(6)The Authority or council must, as soon as practicable after making a decision under subsection (4), give the applicant and holder of the licence or permit written notice stating—

(a)the decision; and

(b)in the case of a decision to transfer the licence or permit, the date on which the transfer takes effect; and

(c)in the case of a decision to refuse to transfer the licence or permit, or a decision to transfer the licence or permit subject to conditions—

(i)the reasons for the decision; and

(ii)that the applicant may apply to VCAT for review of the decision.

57Amendment of licence or permit on application

(1)The holder of a licence or permit may apply for the amendment of the licence or permit.

(2)An application under subsection (1) must be made—

(a)in the case of a licence or permit issued by the Authority, to the Authority; or

(b)in the case of a permit issued by a council, to that council.

(3)An application under subsection (1) must—

(a)be made—

(i)in the case of an application made to the Authority, in a form and manner approved by the Authority; or

(ii)in the case of an application made to a council, in the prescribed form and manner; and

(b)be accompanied by the prescribed fee; and

(c)be accompanied by any information or thing required by the Authority or council.

(4)On receiving an application under subsection (1), the Authority or council must—

(a)refuse to amend the licence or permit; or

(b)amend the licence or permit subject to any conditions that the Authority or council considers appropriate.

(5)A decision under subsection (4) must be made within—

(a)in the case of an application made to the Authority, 42 business days after receiving the application; or

(b)in the case of an application made to a council, the prescribed period.

32Catchment and Land Protection Act 1994

(1)For section 25(2) of the Catchment and Land Protection Act 1994 substitute—

"(2)Without limiting the Environment Protection Act 2017, a regional catchment strategy may be incorporated in whole or in part in the following, with or without modification—

(a)an environment reference standard within the meaning of the Environment Protection Act 2017;

(b)an Order made by the Governor in Council under section 156 of the Environment Protection Act 2017.".

(2)In section 48B(c) of the Catchment and Land Protection Act 1994, for "State environment protection policy declared in any Order made by the Governor in Council under section 16 of the Environment Protection Act 1970" substitute "environment reference standard within the meaning of the Environment Protection Act 2017 or order made by the Governor in Council under section 156 of the Environment Protection Act 2017".

(3)In section 93(1) of the Catchment and Land Protection Act 1994, for "Environment Protection Act 1970" substitute "Environment Protection Act 2017".

33 Climate Change Act 2017

In Schedule 1 to the Climate Change Act 2017—

(a)for "Environment Protection Act 1970" substitute "Environment Protection Act 2017";

(b)for "A recommendation of the Environment Protection Authority under section 16." substitute "A recommendation of the Minister to make, amend or revoke regulations made under the Environment Protection Act 2017.";

(c)for "A recommendation of the Environment Protection Authority under section 16A." substitute "A recommendation of the Minister to make, amend or revoke an environment reference standard.";

(d)for "The issue of or refusal to issue a works approval by the Environment Protection Authority under section 19B." substitute "A decision by the Environment Protection Authority relating to licences and permits under the Environment Protection Act 2017.";

(e)for "A decision by the Environment Protection Authority relating to the licensing of scheduled premises under section 20." substitute "A decision by the Environment Protection Authority to review an operating licence under the Environment Protection Act 2017.".  

34Country Fire Authority Act 1958

(1)In section 21A of the Country Fire Authority Act 1958, for "Environment Protection Act 1970" substitute "Environment Protection Act 2017".

(2)Section 97 of the Country Fire Authority Act 1958 is repealed.

35Criminal Procedure Act 2009

For clause 9 of Schedule 2 to the Criminal Procedure Act 2009 substitute—

"9 Environment Protection Act 2017

9.1Indictable offences under the Environment Protection Act 2017.".

36Dangerous Goods Act 1985

For section 8(2) the Dangerous Goods Act 1985 substitute—

"(2)Unless the contrary intention appears in any regulation or permission made, issued or granted under the Environment Protection Act 2017, the provisions of this Act do not apply to—

(a)the transport of reportable priority waste in accordance with a permission under the Environment Protection Act 2017; or

(b)the transport of waste undertaken in accordance with the requirements of any national environment protection measure made under the National Environment Protection Council (Victoria) Act 1995.".

37Flora and Fauna Guarantee Act 1988

For section 38(c) of the Flora and Fauna Guarantee Act 1988 substitute—

"(c)take account of and give effect to any relevant environment reference standard within the meaning of the Environment Protection Act 2017; and

(ca)take account of any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017; and".

38Geothermal Energy Resources Act 2005

(1)In section 8 of the Geothermal Energy Resources Act 2005, for "Protection Act 1970" substitute "Protection Act 2017".

(2)In section 85(2) of the Geothermal Energy Resources Act 2005, for "Protection Act 1970" substitute "Protection Act 2017".

39Greenhouse Gas Geological Sequestration Act 2008

(1)In section 3 of the Greenhouse Gas Geological Sequestration Act 2008, in the definition of Environment Protection Authority, for "Protection Act 1970" substitute "Protection Act 2017".

(2)In section 9 of the Greenhouse Gas Geological Sequestration Act 2008, for "Protection Act 1970" substitute "Protection Act 2017".

(3)In section 41(1)(a) of the Greenhouse Gas Geological Sequestration Act 2008, for "Protection Act 1970" substitute "Protection Act 2017".

(4)In section 52(1)(a) of the Greenhouse Gas Geological Sequestration Act 2008, for "Protection Act 1970" substitute "Protection Act 2017".

(5)In section 97(1)(a) of the Greenhouse Gas Geological Sequestration Act 2008, for "Protection Act 1970" substitute "Protection Act 2017".

(6)In section 108(1)(a) of the Greenhouse Gas Geological Sequestration Act 2008, for "Protection Act 1970" substitute "Protection Act 2017".

(7)In section 171(1)(a) of the Greenhouse Gas Geological Sequestration Act 2008, for "Protection Act 1970" substitute "Protection Act 2017".

(8)In section 198(2) of the Greenhouse Gas Geological Sequestration Act 2008, for "Protection Act 1970" substitute "Protection Act 2017".

40Independent Broad-based Anti-corruption Commission Act 2011

(1)In section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011—

(a)for paragraph (c) of the definition of law enforcement agency substitute—

"(c)the Environment Protection Authority continued under section 356 of the Environment Protection Act 2017;";

(b)for paragraph (e) of the definition of mandatory notification provision substitute—

"(e)section 377 of the Environment Protection Act 2017;";

(c)for paragraph (f) of the definition of notification to the IBAC substitute—

"(f)a notification under section 377 of the Environment Protection Act 2017;".

(2)For section 73(2)(g) of the Independent Broad-based Anti-corruption Commission Act 2011 substitute—

"(g)the Environment Protection Authority continued under section 356 of the Environment Protection Act 2017;".

41Major Transport Projects Facilitation Act 2009

(1)In section 3 of the Major Transport Projects Facilitation Act 2009, in the definition of Environment Protection Authority or EPA, for "Protection Act 1970" substitute "Protection Act 2017".

(2)In section 3 of the Major Transport Projects Facilitation Act 2009, the definitions of protection agency, State environment protection policy, waste management policy and works approval are repealed.

(3)In section 3 of the Major Transport Projects Facilitation Act 2009, in the definition of works, for "topsoil;" substitute "topsoil.".

(4)Insert the following definition in section 3 of the Major Transport Projects Facilitation Act 2009—

"development licence has the same meaning as in the Environment Protection Act 2017;".

(5)In section 4 of the Major Transport Projects Facilitation Act 2009, for "works approval" substitute "development licence".

(6)In section 20(3)(b)(i) of the Major Transport Projects Facilitation Act 2009, for "works approval" substitute "development licence".

(7)For section 27(f) of the Major Transport Projects Facilitation Act 2009 substitute—

"(f)sets out how any relevant environment reference standard within the meaning of the Environment Protection Act 2017 will be taken into account; and

(fa)sets out how any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017 will be taken into account; and".

(8)For section 39(f) of the Major Transport Projects Facilitation Act 2009 substitute—

"(f)sets out how any relevant environment reference standard within the meaning of the Environment Protection Act 2017 will be taken into account; and

(fa)sets out how any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017 will be taken into account; and".

(9)In section 39(ha) of the Major Transport Projects Facilitation Act 2009, for "works approval" (where twice occurring) substitute "development licence".

(10)In section 51(2) of the Major Transport Projects Facilitation Act 2009, for "section 19B(1)(b) of the Environment Protection Act 1970" substitute "section 50(1)(b) of the Environment Protection Act 2017".

(11)For the heading to section 51A of the Major Transport Projects Facilitation Act 2009 substitute—

"Development licences".

(12)In section 51A(1) of the Major Transport Projects Facilitation Act 2009, for "works approval" substitute "development licence".

(13)For section 51A(2)(a) of the Major Transport Projects Facilitation Act 2009 substitute—

"(a)any agency to which the EPA referred the application for the development licence under section 69(2) of the Environment Protection Act 2017; and".

(14)In section 51A(3) and (4) of the Major Transport Projects Facilitation Act 2009, for "a protection agency" substitute "an agency".

(15)In section 62(3)(b)(v) of the Major Transport Projects Facilitation Act 2009, for "works approval" substitute "development licence".

(16)For section 62(4A)(a) of the Major Transport Projects Facilitation Act 2009 substitute—

"(a)if a development licence is required for the declared project or a part of the declared project to be developed, any agency to which the EPA referred the application for the development licence under section 69(2) of the Environment Protection Act 2017; and".

(17)In section 62(4B) and (4C) of the Major Transport Projects Facilitation Act 2009, for "a protection agency" substitute "an agency".

(18)In the heading to section 64 of the Major Transport Projects Facilitation Act 2009 for "works approvals" substitute "development licences".

(19)In section 64 of the Major Transport Projects Facilitation Act 2009, for "works approval" (wherever occurring) substitute "development licence".

(20)In the heading to section 74 of the Major Transport Projects Facilitation Act 2009 for "works approvals" substitute "development licences".

(21)In section 74(1) of the Major Transport Projects Facilitation Act 2009, for "works approval" substitute "development licence".

(22)In section 84(3) of the Major Transport Projects Facilitation Act 2009, for "works approval" (where twice occurring) substitute "development licence".

(23)In section 84(4) of the Major Transport Projects Facilitation Act 2009, for "works approval under section 19C of the Environment Protection Act 1970" substitute "development licence under section 58 of the Environment Protection Act 2017".

(24)In the Table in Schedule 1 to the Major Transport Projects Facilitation Act 2009—

(a)for "Environment Protection Act 1970" substitute "Environment Protection Act 2017";

(b)for "Works approval under section 19B(7)" substitute "Development licence under section 69";

(c)for "Permit under section 53F(1)" substitute "Permission under Chapter 4 that specifies the transport of priority waste or activities relating to septic tanks";

(d)omit "Permit under section 53M".

42Marine (Drug, Alcohol and Pollution Control) Act 1988

In section 35(2) of the Marine (Drug, Alcohol and Pollution Control) Act 1988, for "Protection Act 1970" (where twice occurring) substitute "Protection Act 2017". 

43Metropolitan Fire Brigades Act 1958

Section 55 of the Metropolitan Fire Brigades Act 1958 is repealed.

44Mineral Resources (Sustainable Development) Act 1990

(1)In section 43B(2) of the Mineral Resources (Sustainable Development) Act 1990, for "Protection Act 1970" substitute "Protection Act 2017". 

(2)In the definition of auditor in section 77U of the Mineral Resources (Sustainable Development) Act 1990, for "appointed under section 53S of the Environment Protection Act 1970" substitute "within the meaning of the Environment Protection Act 2017".

45Offshore Petroleum and Greenhouse Gas Storage Act 2010

In section 64(1)(b) of the Offshore Petroleum and Greenhouse Gas Storage Act 2010, for "Protection Act 1970" substitute "Protection Act 2017".

46Ombudsman Act 1973

For section 16L(2)(j) of the Ombudsman Act 1973 substitute—

"(j)the Environment Protection Authority continued under section 356 of the Environment Protection Act 2017;".

47Parliamentary Committees Act 2003

In section 17(e) of the Parliamentary Committees Act 2003, for "Protection Act 1970" substitute "Protection Act 2017". 

48Petroleum Act 1998

In section 144(2) of the Petroleum Act 1998, for "Protection Act 1970" substitute "Protection Act 2017".

49Planning and Environment Act 1987

(1)For section 60(1A)(f) of the Planning and Environment Act 1987 substitute—

"(f)any relevant environment reference standard within the meaning of the Environment Protection Act 2017; and

(fa)any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017; and".

(2)For section 84B(2)(e) of the Planning and Environment Act 1987 substitute—

"(e)must take account of any relevant environment reference standard within the meaning of the Environment Protection Act 2017;

(ea)must take account of any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017;".

50Pollution of Waters by Oil and Noxious Substances Act 1986

(1)In section 3(1) of the Pollution of Waters by Oil and Noxious Substances Act 1986—

(a)for the definition of Authority substitute—

"Authority means the Environment Protection Authority continued under section 356 of the Environment Protection Act 2017;";

(b)in the definition of authorised officer, for "Protection Act 1970" substitute "Protection Act 2017".

(2)In section 23I of the Pollution of Waters by Oil and Noxious Substances Act 1986, for "Protection Act 1970" (where twice occurring) substitute "Protection Act 2017".

(3)In section 28 of the Pollution of Waters by Oil and Noxious Substances Act 1986, for "Sections 57, 57A, 58, 59, 66C and 69 of the Environment Protection Act 1970" substitute "Sections 242, 243, 245, 337, 340, 346, 347 and 438 of the Environment Protection Act 2017".

(4)In section 34A of the Pollution of Waters by Oil and Noxious Substances Act 1986, for "Section 59AA of the Environment Protection Act 1970" substitute "Section 342 of the Environment Protection Act 2017".

51Port Management Act 1995

(1)In section 83 of the Port Management Act 1995, in paragraph (c) of the definition of authorised person, for "Environment Protection Act 1970" substitute "Environment Protection Act 2017". 

(2)In section 88I of the Port Management Act 1995—

(a)in the definition of clean up, for "Environment Protection Act 1970" substitute "Environment Protection Act 2017";

(b)the definitions of pollute and polluted are repealed.

(3)In sections 88J(b) and 88JA(1)(b) of the Port Management Act 1995, for "condition of pollution is likely to arise" substitute "pollution incident within the meaning of the Environment Protection Act 2017 has occurred".

(4)In the heading to section 88L of the Port Management Act 1995, for "Environment Protection Act 1970" substitute "Environment Protection Act 2017".

(5)In section 88L of the Port Management Act 1995, for "Environment Protection Act 1970" substitute "Environment Protection Act 2017".

(6)In section 91A of the Port Management Act 1995, in the definition of relevant Ministers, for "Environment Protection Act 1970" substitute "Environment Protection Act 2017".

(7)In section 91E(2) and (4) of the Port Management Act 1995, for "section 53S of the Environment Protection Act 1970" substitute "Division 1 of Part 8.3 of the Environment Protection Act 2017".

52Radiation Act 2005

In section 136(1)(d) of the Radiation Act 2005, for "established by section 5 of the Environment Protection Act 1970" substitute "continued by section 356 of the Environment Protection Act 2017".

53Road Safety Act 1986

In section 3(1) of the Road Safety Act 1986, in paragraph (b) of the definition of traffic infringement, for "section 45E or 45F of the Environment Protection Act 1970 relating to the deposit of litter on, from or towards any vehicle" substitute "section 115 of the Environment Protection Act 2017 relating to the deposit of waste from a vehicle".

54Subdivision Act 1988

For section 41B(c) of the Subdivision Act 1988 substitute—

"(c)take account of and give effect to—

(i)any environmental reference standard within the meaning of the Environment Protection Act 2017; and

(ii)any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017; and".

55Surveillance Devices Act 1999

(1)In section 3(1) of the Surveillance Devices Act 1999—

(a)insert the following definition—

"Environment Protection Authority has the same meaning as Authority in section 3(1) of the Environment Protection Act 2017;";

(b)in the definition of chief officer, after paragraph (e) insert—

"(f)in relation to the Environment Protection Authority—the chief executive officer appointed by the Governing Board of the Environment Protection Authority;";

(c)in the definition of law enforcement agency, after paragraph (e) insert—

"(f)the Environment Protection Authority;";

(d)in the definition of law enforcement officer, after paragraph (e) insert—

"(f)in relation to the Environment Protection Authority—an authorised officer appointed under Part 9.2 of the Environment Protection Act 2017;";

(e)in the definition of senior officer, after paragraph (e) insert—

"(f)in relation to the Environment Protection Authority—

(i)the chief executive officer appointed by the Governing Board of the Environment Protection Authority; or

(ii)an authorised officer appointed under Part 9.2 of the Environment Protection Act 2017;".

(2)In section 25 of the Surveillance Devices Act 1999—

(a)in paragraph (a)(ii), for "Authority; or" substitute "Authority;";

(b)after paragraph (a)(ii) insert—

"(iii)the Environment Protection Authority; or";

(c)in paragraph (b), for "or the Game Management Authority" substitute ", the Game Management Authority or the Environment Protection Authority".

56Sustainability Victoria Act 2005

(1)In section 3 of the Sustainability Victoria Act 2005, in the definition of waste, for "section 4(1) of the Environment Protection Act 1970" substitute "section 3(1) of the Environment Protection Act 2017".

(2)In section 7(oa) of the Sustainability Victoria Act 2005, for "Environment Protection Act 1970" substitute "Environment Protection Act 2017".

57Sustainable Forests (Timber) Act 2004

(1)In section 3 of the Sustainable Forests (Timber) Act 2004, for the definition of Environment Protection Authority substitute—

"Environment Protection Authority means the Environment Protection Authority continued by section 356 of the Environment Protection Act 2017;".

(2)In Schedule 2 to the Sustainable Forests (Timber) Act 2004—

(a)in item 12, for "Environment Protection Act 1970" substitute "Environment Protection Act 2017";

(b)in item 13, for "Environment Protection Act 1970" substitute "Environment Protection Act 2017".

58Transport (Compliance and Miscellaneous) Act 1983

(1)In section 251A(7) of the Transport (Compliance and Miscellaneous) Act 1983, in the definition of lost property, for "Environment Protection Act 1970" substitute "Environment Protection Act 2017".

(2)In section 251B(2) of the Transport (Compliance and Miscellaneous) Act 1983, for "Environment Protection Act 1970" substitute "Environment Protection Act 2017".

59Victorian Civil and Administrative Tribunal Act 1998

(1)In section 52(4) of the Victorian Civil and Administrative Tribunal Act 1998, in paragraph (b) of the definition of planning enactment, for "Environment Protection Act 1970" substitute "Environment Protection Act 2017".

(2)In clause 2 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998, in paragraph (b) of the definition of planning enactment, for "Environment Protection Act 1970" substitute "Environment Protection Act 2017".

(3)For clause 64(1)(b) of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 substitute—

"(b)a proceeding for review of a decision under the Environment Protection Act 2017 in relation to—

(i)a determination of the Environment Protection Authority or a delegated agency in respect of an application for a development licence, operating licence or a pilot project licence; or

(ii)a failure of the Environment Protection Authority or a delegated agency to determine an application for a development licence, operating licence or a pilot project licence.".

60Victorian Fisheries Authority Act 2016

In section 43(4)(b) of the Victorian Fisheries Authority Act 2016, for "Environment Protection Act 1970" substitute "Environment Protection Act 2017".

61Water Act 1989

In section 305B of the Water Act 1989, for "any relevant State environment protection policy declared in any Order made by the Governor in Council under section 16 of the Environment Protection Act 1970" substitute "any environmental reference standard within the meaning of the Environment Protection Act 2017 and any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017".

62Yarra River Protection (Wilip-gin Birrarung murron) Act 2017

In section 3(2) of the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017, for "Environment Protection Act 1970" substitute "Environment Protection Act 2017".

Part 5—Repeal of Environment Protection Act 1970 and amending Act

63Repeal of Environment Protection Act 1970

The Environment Protection Act 1970 is repealed.

64Repeal of amending Act

This Act is repealed on 1 July 2021.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

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

Minister's second reading speech—

Legislative Assembly: 20 June 2018

Legislative Council: 26 July 2018

The long title for the Bill for this Act was "A Bill for an Act to reform the legislative framework for the protection of human health and the environment from pollution and waste, to amend the Environment Protection Act 2017, to repeal the Environment Protection Act 1970, to amend the Mineral Resources (Sustainable Development) Act 1990 and to make consequential amendments to other Acts."