Environment Protection Amendment Act 2019 (Vic)
Environment Protection Amendment Act 2019
No. 27 of 2019
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendments to the Environment Protection Act 1970
3Principal Act
4Definitions
5Pollution abatement notice
6New Division 8 of Part VIIA inserted
7Powers etc. of authorized officers
8Regulations
9Infringements
Part 3—Amendments to the Environment Protection Amendment Act 2018
10Principal Act
11Definitions
12Amendment of licence or permit on application
13Revocation of permission on Authority or council's initiative
14Priority waste and landfill facilities
15Joint publication
16Renewal of registrations
17Additional or alternative penalties for prohibited persons
18Environment reference standards
19Written statement
20Litter enforcement officer may ask person's name and address
21Requirement to pay waste levy
22Appointment fee
23Authority may review financial assurance
24Enforcement of financial assurance
25Authorised officers
26Authorised officer may ask person's name and address
27Improvement notices
28Environmental action notice
29Non-compliance with non-disturbance notice
30Court orders
31Functions of the Authority
32Decisions reviewable by VCAT
33Applications for review by VCAT
34Application for review by third parties
35Delegation
36Payments out of the Environment Protection Fund
37Restorative Project Account
38Sustainability Fund Account
39Regulations
40General transitional provisions
41Schedule 1—Regulations
42Schedule 2—Amount payable as waste levy
43Catchment and Land Protection Act 1994
44Flora and Fauna Guarantee Act 1988
45New section 42A inserted
46Subdivision Act 1988
47Water Act 1989
Part 4—Repeal of amending Act
48Repeal of amending Act
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Endnotes
1 General information
Environment Protection Amendment Act 2019
No. 27 of 2019
[Assented to 10 September 2019]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Environment Protection Act 1970 to prohibit the provision of certain plastic bags by retailers; and
(b)to amend the Environment Protection Act 1970 to prohibit the provision of false or misleading information relating to plastic bags by retailers, wholesalers and manufacturers; and
(c)to make technical and consequential amendments to the Environment Protection Amendment Act 2018.
2Commencement
(1)Subject to subsections (2), (3) and (4), this Act comes into operation on a day or days to be proclaimed.
(2)This Part and Part 3 come into operation on the day after the day on which this Act receives the Royal Assent.
(3)If a provision of Part 2 does not come into operation before 1 November 2019, it comes into operation on that day.
(4)If a provision of Part 4 does not come into operation before 1 December 2020, it comes into operation on that day.
Part 2—Amendments to the Environment Protection Act 1970
3Principal Act
In this Part, the Environment Protection Act 1970 is called the Principal Act.
4Definitions
(1)In section 4(1) of the Principal Act insert the following definitions—
"banned plastic bag means—
(a)a bag, other than an exempt plastic bag—
(i)with handles; and
(ii)that comprises, either wholly or partly, plastic, whether or not that plastic is biodegradable, degradable or compostable; and
(iii)that has a thickness of 35 micrometres or less at any part of the bag; or
(b)a prescribed banned plastic bag;
barrier bag means a bag that—
(a)comprises, either wholly or partly, plastic; and
(b)does not have handles; and
(c)is used to carry unpackaged perishable food;
exempt plastic bag means a bag that comprises, either wholly or partly, plastic that—
(a)is a barrier bag; or
(b)is an integral part of the packaging in which goods are sealed or provided for sale; or
(c)is a prescribed exempt plastic bag;".
(2)In section 4(1) of the Principal Act, the definition of plastic bag is repealed.
5Pollution abatement notice
(1)For section 31A(1)(b)(ia) of the Principal Act substitute—
"(ia)section 45ZM;".
(2)Section 31A(2)(e)(ia) of the Principal Act is repealed.
6New Division 8 of Part VIIA inserted
After Division 7 of Part VIIA of the Principal Act insert—
"Division 8—Banned plastic bags
45ZMRetailer must not provide banned plastic bags
A retailer must not sell or provide a banned plastic bag to a person to carry or transport goods sold or provided by the retailer from the retail premises.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
45ZNProvision of false or misleading information relating to banned plastic bags
A retailer or wholesaler, or a manufacturer of plastic bags, must not, whether by act or omission, provide to any other person information that the retailer, wholesaler or manufacturer knows, or should reasonably know, is false or misleading about—
(a)the composition of a banned plastic bag; or
(b)whether or not a bag is a banned plastic bag; or
(c)whether or not a bag is an exempt plastic bag.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.".
7Powers etc. of authorized officers
After section 55(1)(a) of the Principal Act insert—
"(ab)at any reasonable time, any retail premises; or".
8Regulations
(1)For section 71(1)(ka) of the Principal Act substitute—
"(ka)prescribing banned plastic bags;".
(2)For section 71(1)(kb) of the Principal Act substitute—
"(kb)prescribing exempt plastic bags;".
(3)Section 71(1)(kc), (kd), (ke), (kf) and (kg) of the Principal Act are repealed.
9Infringements
In Schedule A to the Principal Act, after "section 45ZB(3) 8 penalty units" insert—
"An offence under section 45ZM 10 penalty units (in the case of a body corporate) 2 penalty units (in any other case)".
Part 3—Amendments to the Environment Protection Amendment Act 2018
10Principal Act
In this Part, the Environment Protection Amendment Act 2018 is called the Principal Act.
11Definitions
In section 6(9) of the Principal Act, in the proposed definition of resource recovery in section 3(1) of the Environment Protection Act 2017 omit "any".
12Amendment of licence or permit on application
In section 7 of the Principal Act, for proposed section 57(5) of the Environment Protection Act 2017 substitute—
"(5)A decision under subsection (4) must be made within—
(a)in the case of an application to amend a licence, 42 business days after receiving the application; or
(b)in the case of an application to amend a permit made to the Authority—
(i)any prescribed period not exceeding 42 business days after receiving the application; or
(ii)if no period is prescribed, 15 business days after receiving the application; or
(c)in the case of an application to amend a permit made to a council, the prescribed period.".
13Revocation of permission on Authority or council's initiative
(1)In section 7 of the Principal Act, proposed section 61(1)(e) of the Environment Protection Act 2017 is repealed.
(2)In section 7 of the Principal Act, in proposed section 61(1)(f) of the Environment Protection Act 2017, for "(f)" substitute "(e)".
(3)In section 7 of the Principal Act, for proposed section 61(2) of the Environment Protection Act 2017 substitute—
"(2)The Authority or a council may revoke a permission issued or granted by it if the Authority or council considers that the holder of the permission—
(a)is no longer required to hold the permission; or
(b)no longer engages in the permission activity.".
14Priority waste and landfill facilities
In section 7 of the Principal Act, in proposed section 67 of the Environment Protection Act 2017, for "deposit of" substitute "receiving".
15Joint publication
In section 7 of the Principal Act, in proposed section 70(a) of the Environment Protection Act 2017, for "public works" (where twice occurring) substitute "works".
16Renewal of registrations
(1)In section 7 of the Principal Act, for proposed section 86(4) of the Environment Protection Act 2017 substitute—
"(4)On receiving an application for the renewal of a registration that complies with this section, the Authority is taken to have renewed the registration subject to the standard conditions to which the registration was subject before the renewal.
(5)Within 10 business days after receiving an application for the renewal of a registration that complies with this section, the Authority must notify the applicant—
(a)that the registration has been renewed; and
(b)of the standard conditions to which the renewed registration is subject.".
(2)In section 7 of the Principal Act, in proposed section 86 of the Environment Protection Act 2017—
(a)for "(5)" substitute "(6)";
(b)for "(6)" substitute "(7)".
17Additional or alternative penalties for prohibited persons
In section 7 of the Principal Act, in proposed section 89(2) of the Environment Protection Act 2017, for "section Part 11.8" substitute "Part 11.8".
18Environment reference standards
(1)In section 7 of the Principal Act, in proposed section 93(2) of the Environment Protection Act 2017 omit "that specify the environmental condition and uses of the environment".
(2)In section 7 of the Principal Act, in proposed section 93(3) of the Environment Protection Act 2017—
(a)in paragraph (d), for "applies; and" substitute "applies.";
(b)paragraph (e) is repealed.
(3)In section 7 of the Principal Act, after proposed section 93(3) of the Environment Protection Act 2017 insert—
"(4)An environment reference standard may specify indicators and objectives to be used to measure whether an environmental value specified in the environment reference standard is being achieved or maintained.".
(4)In section 7 of the Principal Act, in proposed section 93(4) of the Environment Protection Act 2017—
(a)for "(4)" substitute "(5)";
(b)for "subsection (3)(e)" substitute "subsection (4)".
19Written statement
In section 7 of the Principal Act, in proposed section 118(2)(b)(ii) of the Environment Protection Act 2017, for "saw another person who" substitute "reasonably believes that another person".
20Litter enforcement officer may ask person's name and address
(1)In section 7 of the Principal Act, in proposed section 125(3) of the Environment Protection Act 2017—
(a)for "A person" substitute "A natural person";
(b)omit "In the case of a natural person,".
(2)In section 7 of the Principal Act, in proposed section 125(4) of the Environment Protection Act 2017—
(a)for "A person" substitute "A natural person";
(b)omit "In the case of a natural person,".
(3)In section 7 of the Principal Act, in proposed section 125(6) of the Environment Protection Act 2017—
(a)for "A person" substitute "A natural person";
(b)omit "In the case of a natural person,".
21Requirement to pay waste levy
(1)In section 7 of the Principal Act, in proposed section 145(1) and (2) of the Environment Protection Act 2017, for "deposited on to land" substitute "received".
(2)In section 7 of the Principal Act, in proposed section 145(4)(b) of the Environment Protection Act 2017, for "deposited" substitute "received".
22Appointment fee
(1)In section 7 of the Principal Act, in the heading to proposed section 196 of the Environment Protection Act 2017, for "Appointment" substitute "Application".
(2)In section 7 of the Principal Act, in proposed section 196 of the Environment Protection Act 2017, for "appointment" (where twice occurring) substitute "application".
23Authority may review financial assurance
In section 7 of the Principal Act, in proposed section 225(2)(f) of the Environment Protection Act 2017, after "review of the" insert "form or".
24Enforcement of financial assurance
In section 7 of the Principal Act, in proposed section 234(2)(a) of the Environment Protection Act 2017, after "permission" (where first occurring) insert "issued or".
25Authorised officers
(1)In section 7 of the Principal Act, in proposed section 242(1) of the Environment Protection Act 2017, for "officer of employee" substitute "officer or employee".
(2)In section 7 of the Principal Act, in proposed section 242(2) of the Environment Protection Act 2017 omit "in writing".
26Authorised officer may ask person's name and address
In section 7 of the Principal Act, in proposed section 259(3) of the Environment Protection Act 2017—
(a)for "a person" substitute "a natural person";
(b)omit "In the case of a natural person,".
27Improvement notices
In section 7 of the Principal Act, in proposed section 271(1)(b) of the Environment Protection Act 2017, after "permission" insert "issued or".
28Environmental action notice
In section 7 of the Principal Act, in proposed section 274(4) of the Environment Protection Act 2017—
(a)after "The Authority" insert "or an authorised officer";
(b)for "it" (where first occurring) substitute "the Authority or the authorised officer".
29Non-compliance with non-disturbance notice
In section 7 of the Principal Act, in the Note at the foot of proposed section 293(1) of the Environment Protection Act 2017, for "section subsection (1)" substitute "subsection (1)".
30Court orders
In section 7 of the Principal Act, in proposed section 309(1)(a) of the Environment Protection Act 2017, after "permission" insert "issued or".
31Functions of the Authority
In section 12 of the Principal Act, in proposed section 358(e) of the Environment Protection Act 2017, for "the human" substitute "human".
32Decisions reviewable by VCAT
(1)In section 18 of the Principal Act, in item 5 of the Table to proposed section 430(4) of the Environment Protection Act 2017, for "(6)" substitute "(7)".
(2)In section 18 of the Principal Act, after item 18 of the Table to proposed section 430(4) of the Environment Protection Act 2017 insert—
"18A.
121(6)
Person to whom notice under
section 121(6) issued".(3)In section 18 of the Principal Act, in item 23 of the Table to proposed section 430(4) of the Environment Protection Act 2017, after "200(1)" insert ", (2)".
33Applications for review by VCAT
In section 18 of the Principal Act, in proposed section 431(3)(a) of the Environment Protection Act 2017, for "public works" (where twice occurring) substitute "works".
34Application for review by third parties
In section 18 of the Principal Act, in proposed section 434(5)(a) of the Environment Protection Act 2017, for "public works" (where twice occurring) substitute "works".
35Delegation
In section 18 of the Principal Act, in proposed section 437(1) of the Environment Protection Act 2017 omit "in writing".
36Payments out of the Environment Protection Fund
In section 18 of the Principal Act, in proposed section 445(1)(a) of the Environment Protection Act 2017, for "used" substitute "applied".
37Restorative Project Account
In section 18 of the Principal Act, in proposed section 447(3) of the Environment Protection Act 2017, for "used" (where twice occurring) substitute "applied".
38Sustainability Fund Account
(1)In section 18 of the Principal Act, in proposed section 449(3) of the Environment Protection Act 2017, for "used" substitute "applied".
(2)In section 18 of the Principal Act, in proposed section 449(4) of the Environment Protection Act 2017, for "use" substitute "application".
39Regulations
In section 18 of the Principal Act, in proposed section 465(2)(c)(i) of the Environment Protection Act 2017, for "the doing" substitute "doing".
40General transitional provisions
In section 18 of the Principal Act, in proposed section 469 of the Environment Protection Act 2017, for "Part" (wherever occurring) substitute "Chapter".
41Schedule 1—Regulations
In section 23 of the Principal Act, after item 6.11 of proposed Schedule 1 to the Environment Protection Act 2017 insert—
"6.11AProhibiting the provision of false or misleading information relating to plastic products, plastic packaging or plastic bags.".
42Schedule 2—Amount payable as waste levy
(1)In section 23 of the Principal Act, in Table 1 in proposed Schedule 2 to the Environment Protection Act 2017, for "deposited" substitute "received".
(2)In section 23 of the Principal Act, in the Note at the foot of Table 1 in proposed Schedule 2 to the Environment Protection Act 2017, for "deposited" substitute "received".
(3)In section 23 of the Principal Act, in Table 2 in proposed Schedule 2 to the Environment Protection Act 2017, for "deposited" substitute "received".
(4)In section 23 of the Principal Act, in the Note at the foot of Table 2 in proposed Schedule 2 to the Environment Protection Act 2017—
(a)for "the deposit of" substitute "receiving";
(b)for "the deposit to landfill of Category A waste" substitute "receiving Category A waste at a landfill";
(c)for "deposited" substitute "received".
43Catchment and Land Protection Act 1994
For section 32(2) of the Principal Act substitute—
'(2)For section 48B(c) of the Catchment and Land Protection Act 1994 substitute—
"(c)take account of any relevant environment reference standard within the meaning of the Environment Protection Act 2017 or any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017.".'.
44Flora and Fauna Guarantee Act 1988
In section 37 of the Principal Act—
(a)for "section 38(c)" substitute "section 41B(c)";
(b)in proposed section 41B(c) of the Flora and Fauna Guarantee Act 1988 omit "and give effect to".
45New section 42A inserted
After section 42 of the Principal Act insert—
'42AMarine and Coastal Act 2018
(1)Insert the following definitions in section 3 of the Marine and Coastal Act 2018—
"environment reference standard has the same meaning as in the Environment Protection Act 2017;
environmental value has the same meaning as in the Environment Protection Act 2017;".
(2)In paragraph (c) of the definition of applicable Act in section 3 of the Marine and Coastal Act 2018, for "Protection Act 1970" substitute "Protection Act 2017".
(3)In section 50 of the Marine and Coastal Act 2018—
(a)in paragraph (a), for "beneficial uses" substitute "environmental values";
(b)in paragraph (b), for "State environment protection policy" substitute "environment reference standard".'.
46Subdivision Act 1988
In section 54 of the Principal Act, in proposed section 41B(c) of the Subdivision Act 1988—
(a)omit "and give effect to";
(b)for "environmental" substitute "environment".
47Water Act 1989
For section 61 of the Principal Act substitute—
'61 Water Act 1989
(1)After section 33J(2)(h) of the Water Act 1989 insert—
"(ha)any environment 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; and".
(2)After section 40(1)(j) of the Water Act 1989 insert—
"(jaa)any environment 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;".
(3)After section 48F(1)(d) of the Water Act 1989 insert—
"(da)any environment 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;".
(4)In section 305B of the Water Act 1989, for "and give effect to 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 environment 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".'.
Part 4—Repeal of amending Act
48Repeal of amending Act
This Act is repealed on 1 December 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 2019
Legislative Council: 15 August 2019
The long title for the Bill for this Act was "A Bill for an Act to amend the Environment Protection Act 1970 to prohibit the provision of certain plastic bags and to prevent the provision of misleading information relating to plastic bags and to make technical and consequential amendments to the Environment Protection Amendment Act 2018 and for other purposes."
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