Environment Protection (Liveable Neighbourhoods) Act 2001 (Vic)

Environment Protection (Liveable Neighbourhoods)

Act 2001

Act No. 7/2001

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—PRINCIPLES OF ENVIRONMENT PROTECTION 3

3. Insertion of Purpose and Principles 3

1A.	Purpose of Act	3
1B.	Principle of integration of economic, social and
environmental considerations	3
1C.	The precautionary principle	4
1D.	Principle of intergenerational equity	4
1E.	Principle of conservation of biological diversity and
ecological integrity	4
1F.	Principle of improved valuation, pricing and incentive
mechanisms	4
1G.	Principle of shared responsibility	5
1H.	Principle of product stewardship	5
1I.	Principle of wastes hierarchy	6
1J.	Principle of integrated environmental management	6
1K.	Principle of enforcement	6
1L.	Principle of accountability	7

4.	Powers, duties and functions of the Authority	7
5.	Orders may provide for economic measures	7
6.	Economic measures	8
Division 1A—Economic Measures	8
19AA. Economic measures	8
19AB. Tradeable emission scheme	9
19AC. Offence	10
7.	Power to make regulations	10

PART 3—NEIGHBOURHOOD ENVIRONMENT

IMPROVEMENT PLANS 11

i

Section Page

8.	New Division 1B inserted	11
Division 1B—Neighbourhood Environment Improvement
Plans	11
19AD. Definitions	11
19AE. Submission of voluntary proposal	12
19AF. Impetus for a directed proposal	12
19AG. Submission of directed proposal	13
19AH. Endorsement of a directed or voluntary proposal	14

19AI.	Approval of neighbourhood environment improvement
plan 14
19AJ.	Review and amendment of approved neighbourhood
environment improvement plan 17
19AK. Consideration of guidelines by Parliament	18

9.	Amendment to section 31A	18
10.	Amendment to section 31C	19
11.	Review of Authority's direction to submit proposal	19

35A. Reviews in respect of directions under section 19AG 19

PART 4—ENVIRONMENTAL AUDITS 21

12.	New Part IXD inserted	21
PART IXD—ENVIRONMENTAL AUDITS	21

53R.	Purpose of Part	21
53S.	Appointment of environmental auditor	21
53T.	Fees paid by an environmental auditor	22
53U.	Engagement of an environmental auditor	22
53V.	Environmental audit report on risk caused by industrial
process etc.	23
53W.	Environmental audit of condition of segment of
environment	23
53X.	Environmental audit report on condition of segment of
the environment	24
53Y.	Certificate of environmental audit	24
53Z.	Statement of environmental audit	25

53ZA. Incorrect certificate or statement of environmental audit	25
53ZB. Notification	27
53ZC. Offences	28
53ZD. Revocation of environmental auditor appointment	28

53ZE. Notification of received statements 29

13.	Consequential amendments to Part X	29
14.	Consequential amendment to Schedule A	30

PART 5—GENERAL AMENDMENTS 31

15. Amendment to definition 31

ii

Section Page

16.	Fees determined in accordance with guidelines	31
17.	Payment of licence fee	31
18.	Dumping or abandoning industrial waste	31
19.	Amendment to section 39	32
20.	Amendment to section 55	32
21.	Amendment to section 59AB	32
22.	Amendment to section 63B	32
23.	Financial assurances	32

═══════════════

ENDNOTES 33

iii

Victoria

No. 7 of 2001

Environment Protection (Liveable

Neighbourhoods) Act 2001†

[Assented to 8 May 2001]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to amend the Environment Protection Act 1970—

(a) to include principles of environment protection;

Environment Protection (Liveable Neighbourhoods) Act 2001

s. 2 Act No. 7/2001

(b)	to give the Authority the power to develop economic measures such as tradeable emission schemes;
(c)	to provide for neighbourhood environment improvement plans;
(d)	to make new provision for environmental audits;

(e) to improve the operation of the Act.

2. Commencement

(1) This section and section 1 and Part 2 and Part 5

(other than section 23) come into operation on the
day after the day on which this Act receives the
Royal Assent.

(2) Section 23 is deemed to have come into operation on 1 October 2000.

(3) The remaining provisions of this Act come into
operation on a day or days to be proclaimed.

(4) If any provision of this Act has not come into

operation on or before 1 July 2001, the provision

comes into operation on that day.

_______________
Environment Protection (Liveable Neighbourhoods) Act 2001

Act No. 7/2001 s. 3

PART 2—PRINCIPLES OF ENVIRONMENT PROTECTION

3. Insertion of Purpose and Principles

See:

After section 1 of the Environment Protection	Act No.
Act 1970 insert—	8056/1970. Reprint No. 13
"1A. Purpose of Act	as at 1 October
(1) The purpose of this Act is to create a	2000. LawToday:

legislative framework for the protection of
the environment in Victoria having regard to	dpc.vic. gov.au

the principles of environment protection. (2) The principles of environment protection are

set out in sections 1B to 1L.

(3) It is the intention of Parliament that in the

administration of this Act regard should be
given to the principles of environment
protection.

1B. Principle of integration of economic, social and environmental considerations

(1) Sound environmental practices and

procedures should be adopted as a basis for
ecologically sustainable development for the
benefit of all human beings and the
environment.

(2) This requires the effective integration of

economic, social and environmental
considerations in decision making processes
with the need to improve community well-
being and the benefit of future generations.

(3) The measures adopted should be cost-

effective and in proportion to the
significance of the environmental problems
being addressed.

Environment Protection (Liveable Neighbourhoods) Act 2001

s. 3 Act No. 7/2001

1C. The precautionary principle

(1) If there are threats of serious or irreversible

environmental damage, lack of full scientific
certainty should not be used as a reason for
postponing measures to prevent

environmental degradation.

(2) Decision making should be guided by—

(a)	a careful evaluation to avoid serious or irreversible damage to the environment wherever practicable; and
(b)	an assessment of the risk-weighted consequences of various options.

1D. Principle of intergenerational equity

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

1E. Principle of conservation of biological diversity and ecological integrity

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

1F. Principle of improved valuation, pricing and incentive mechanisms

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

(2) Persons who generate pollution and waste

should bear the cost of containment,
avoidance and abatement.

Environment Protection (Liveable Neighbourhoods) Act 2001

Act No. 7/2001 s. 3

(3) Users of goods and services should pay

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

(4) Established environmental goals should be

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

1G. Principle of shared responsibility (1) Protection of the environment is a

responsibility shared by all levels of Government and industry, business, communities and the people of Victoria.

(2) Producers of goods and services should produce competitively priced goods and services that satisfy human needs and

improve quality of life while progressively
reducing ecological degradation and resource
intensity throughout the full life cycle of the
goods and services to a level consistent with
the sustainability of biodiversity and

ecological systems.

1H. Principle of product stewardship

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

Environment Protection (Liveable Neighbourhoods) Act 2001

s. 3 Act No. 7/2001

1I. Principle of wastes hierarchy

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

(a) avoidance;
(b) re-use;
(c) re-cycling;
(d) recovery of energy;
(e) treatment;
(f) containment;
(g) disposal.

1J. Principle of integrated environmental management

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

1K. Principle of enforcement

Enforcement of environmental requirements

should be undertaken for the purpose of—

(a)	better protecting the environment and its economic and social uses;
(b)	is obtained by any person who fails to

ensuring that no commercial advantage requirements;

(c) of persons whose actions may have
adverse environmental impacts or who

influencing the attitude and behaviour goods and services which may have adverse environmental impacts.

Environment Protection (Liveable Neighbourhoods) Act 2001

Act No. 7/2001 s. 4

1L. Principle of accountability

(1) The aspirations of the people of Victoria for

environmental quality should drive

environmental improvement.

(2) Members of the public should therefore be

given—

(a) information in appropriate forms to

access to reliable and relevant environmental issues;

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

4. Powers, duties and functions of the Authority

After section 13(1)(cb) of the Environment
Protection Act 1970 insert—

"(cc) to develop economic measures for the

purpose of providing an economic incentive
to avoid or minimise harm to the
environment or any portion or segment of

the environment by a particular activity;".

5. Orders may provide for economic measures

After section 17(1A) of the Environment
Protection Act 1970 insert—
"(2) In and by any Order made under section

16(1) or 16(1A), the Governor in Council may specify requirements for developing economic measures, including prescribing

conditions to which particular schemes are subject and the circumstances under which the Authority may alter, suspend or
terminate the entitlements held under a
scheme.".

Environment Protection (Liveable Neighbourhoods) Act 2001

s. 6 Act No. 7/2001

6. Economic measures

After section 19 of the Environment Protection

Act 1970 insert—

"Division 1A—Economic Measures

19AA. Economic measures

(1) The Authority may develop economic

measures for the purpose of providing an economic incentive to avoid or minimise harm to the environment or any portion or
segment of the environment by a particular

activity.

(2) Economic measures such as tradeable permit

schemes and environmental offsets may be used as a means of achieving cost effective environmental protection or regulation.

(3) An economic measure must clearly

identify—

(a)	the objectives of the economic measure;
(b)	the type of economic measure proposed;
(c)

the particular activity in respect of proposed to be used;

(d)	the harm to the environment or any portion or segment of the environment which it is proposed to avoid or minimise by using the economic measure;
(e)	how the economic measure will be integrated with any relevant policy,

Environment Protection (Liveable Neighbourhoods) Act 2001

Act No. 7/2001	s. 6
approval, permit, licence or other protection measure under this Act.

19AB. Tradeable emission scheme

(1) Without limiting the generality of section 19AA, a tradeable emission scheme is an economic measure.

(2) A tradeable emission scheme may provide

for—

(a) the determination and amendment of aggregate limits for the entitlement to emit a specified quantity of waste to the

environment;

(b)	the monitoring and reporting of emission levels;
(c)	the determination of the rights and duties of holders of tradeable emission permits or credits;
(d)

the creation, cancellation or suspension credits;

(e)	the initial sale or allocation and further sale or allocation of tradeable emission permits or credits;
(f)

an electronic system for the exchange credits;

(g) the intervention by the Authority in the event of anti-competitive behaviour.

(3) Sub-section (2) does not limit the matters

that may be included in an economic
measure relating to a tradeable emission
scheme.

Environment Protection (Liveable Neighbourhoods) Act 2001

s. 7 Act No. 7/2001

19AC. Offence

(1) The holder of a tradeable emission permit must not discharge or emit waste into the environment of a volume, quantity or

concentration which exceeds the entitlements
held by that person.

(2) A person who contravenes sub-section (1) is guilty of an indictable offence and liable to a penalty of not more than 2400 penalty

units.".

7. Power to make regulations

After section 71(1)(c) of the Environment
Protection Act 1970 insert—
"(ca) regulating the implementation of economic

measures, including prescribing conditions to which particular schemes are subject and the circumstances under which the Authority

may alter, suspend or terminate the entitlements held under a scheme;".

_______________
Environment Protection (Liveable Neighbourhoods) Act 2001

Act No. 7/2001 s. 8

PART 3—NEIGHBOURHOOD ENVIRONMENT

IMPROVEMENT PLANS

8. New Division 1B inserted

After section 19AC of the Environment

Protection Act 1970 insert—

'Division 1B—Neighbourhood Environment

Improvement Plans

19AD. Definitions

In this Division—
"directed proposal" means a proposal to

develop a neighbourhood environment improvement plan that is submitted to the Authority under section 19AG;

"intervention criteria" means criteria that

are—

(a) published in the Government
Gazette that declares a State
environment protection policy or

specified in an Order in Council policy; or

(b) prescribed under this Act;

"neighbourhood environment

improvement plan" means a
neighbourhood environment
improvement plan that is developed as
a result of either a directed proposal or
a voluntary proposal;

Environment Protection (Liveable Neighbourhoods) Act 2001

s. 8 Act No. 7/2001

"voluntary proposal" means a proposal to develop a neighbourhood environment improvement plan that is submitted to the Authority under section 19AE.

19AE. Submission of voluntary proposal

A protection agency may in the form and manner specified in guidelines issued by the Authority submit a proposal to develop a neighbourhood environment improvement plan to the Authority for endorsement.

19AF. Impetus for a directed proposal

(1) A protection agency, having powers or duties with respect to a segment of the environment, may request the Authority to—

(a) conduct a specified environmental audit using an environmental auditor; or

(b) undertake an investigation—

for the purposes of determining whether the
beneficial uses of that segment of the
environment are being protected.

(2) A person other than a protection agency,

who believes a beneficial use of a segment of
the environment requires protection, may
request the Authority to—

(a) conduct a specified environmental
audit; or

(b) undertake an investigation—

for the purposes of determining whether the
beneficial uses of the segment of the
environment are being protected.

(3) A request under this section must be made in the manner and form specified in guidelines issued by the Authority.

Environment Protection (Liveable Neighbourhoods) Act 2001

Act No. 7/2001 s. 8

(4) In making a determination referred to in this

section, the Authority must have regard to
the applicable intervention criteria.

(5) Within 30 days after receiving a request

under this section, the Authority must notify
the protection agency or the person, as the
case may be, whether or not the Authority
intends—

(a) to conduct a specified environmental audit; or

(b) to undertake an investigation.

(6) If the Authority conducts a specified

environmental audit using an environmental
auditor or undertakes an investigation as
requested under this section, the Authority
must within 30 days after receiving the
results of the audit or the investigation notify
the protection agency or the person, as the

case may be, of—

(a)	the results of the specified environmental audit or the investigation; and
(b)	the actions, if any, that the Authority intends to take as a consequence of the results.

19AG. Submission of directed proposal

(1) After consultation with a protection agency, the Authority may by notice in writing direct the protection agency to submit within a

specified period a proposal to develop a
neighbourhood environment improvement
plan to the Authority for endorsement if—

Environment Protection (Liveable Neighbourhoods) Act 2001

s. 8 Act No. 7/2001

(a)	a statement of environmental audit has been issued stating that the beneficial uses of a segment of the environment are not being protected; and
(b)	the Authority is of the opinion that the applicable intervention criteria are met.

(2) A protection agency must, if so directed by

the Authority, submit in the form and
manner specified in guidelines issued by the
Authority a proposal to develop a
neighbourhood environment improvement
plan to the Authority for endorsement.

19AH. Endorsement of a directed or voluntary

proposal

(1) The Authority may endorse a directed or

voluntary proposal to develop a
neighbourhood environment improvement
plan if the Authority is satisfied that all
persons who may be required to undertake
specified works under the proposed plan
have agreed to participate in the
development of the plan.

(2) The Authority may impose any term,

condition, limitation or restriction on that
endorsement.

(3) The Authority must by notice in writing to the relevant protection agency specify the reasons for imposing any term, condition, limitation or restriction on that endorsement.

19AI. Approval of neighbourhood environment

improvement plan

(1) A protection agency must submit a

neighbourhood environment improvement plan that is prepared in accordance with a

Environment Protection (Liveable Neighbourhoods) Act 2001

Act No. 7/2001 s. 8

proposal endorsed under section 19AH to the
Authority for approval.

(2) The Authority may direct the protection

agency to amend the neighbourhood
environment improvement plan submitted to

the Authority for approval.

(3) The Authority may only approve an

neighbourhood environment improvement

plan if the plan—

(a)	specifies the area in respect of which the plan operates; and
(b)	environment protection policy or

is consistent with any applicable State and

(c) compliance with the neighbourhood
environment improvement plan and the

provides for the monitoring of agreed outcomes; and

(d)

requires consultation with all persons plan; and

(e)	provides for the participation of the persons who were involved in the development of the plan in the evaluation of the plan's effectiveness in achieving the agreed outcomes; and
(f)	provides the mechanism for review of the plan by the relevant protection agency; and
(g)	provides for the identification and allocation of resources to fund the implementation of the plan and any

review and amendment of the plan; and

Environment Protection (Liveable Neighbourhoods) Act 2001

s. 8 Act No. 7/2001

(h) environment improvement plan,
regional waste management plan or
regional catchment strategy within the

takes account of any relevant Protection Act 1994; and

(i) takes account of any relevant planning scheme approved under the Planning and Environment Act 1987 or any

municipal strategic statement within the meaning of that Act; and
(j)	where it requires the undertaking of specified works, states that the person who is to undertake those works has agreed to do so; and
(k)	provides for contingency or emergency plans; and
(l)

requires responsible authorities within Environment Act 1987 to have regard to the plan when exercising their powers, functions and duties in relation to the segment of the environment to which the plan relates.

(4) The Authority must publish notice of its

approval of a neighbourhood environment
improvement plan in the Government
Gazette.

(5) An approved neighbourhood environment improvement plan applies as from the date specified in the notice of approval published

in the Government Gazette.
Environment Protection (Liveable Neighbourhoods) Act 2001

Act No. 7/2001 s. 8

19AJ. Review and amendment of approved

neighbourhood environment improvement
plan

(1) If following a review of a neighbourhood

environment improvement plan in
accordance with the review mechanism
referred to in section 19AI(3)(f) a protection
agency is of the opinion that an amendment
to the plan is required, the protection agency
may submit a proposal to amend the plan to
the Authority for approval.

(2) The Authority may only approve a proposal

to amend a neighbourhood environment
improvement plan if the Authority is
satisfied that—

(a) with those persons who may be
required to undertake specified works

the protection agency has consulted plan; and

(b) undertake specified works under the

persons who may be required to agreed to undertake those works; and

(c)

the amended plan will be consistent 19AI(3).

(3) The Authority may impose any term,

condition, limitation or restriction on the
approval of the proposed amendment to the
neighbourhood environment improvement

plan.

(4) The Authority must by notice in writing to
the relevant protection agency specify the

Environment Protection (Liveable Neighbourhoods) Act 2001

s. 9 Act No. 7/2001

reasons for imposing any term, condition, limitation or restriction on that approval.

(5) The Authority must publish notice of its

approval of an amendment to a
neighbourhood environment improvement
plan in the Government Gazette.

(6) An approved amendment to a neighbourhood

environment improvement plan applies as
from the date specified in the notice of
approval published in the Government
Gazette.

19AK. Consideration of guidelines by Parliament

(1) The Authority must ensure that a copy of

every guideline issued by the Authority
under section 19AE, 19AF(3) or 19AG(2) is
laid before both Houses of Parliament on or
before the sixth sitting day after the
guideline is issued.

(2) A guideline laid before Parliament under

sub-section (1) may be disallowed in whole
or in part by either House of Parliament.

(3) Sections 23 and 24 of the Subordinate

Legislation Act 1994 apply to a guideline laid before Parliament under sub-section (1) as if references to a "statutory rule" under those sections were a reference to such a guideline.'.

9. Amendment to section 31A

(1) In section 31A(1)(b) of the Environment

Protection Act 1970 after sub-paragraph (iv)
insert—

"(v) any neighbourhood environment

improvement plan prepared as a result of a
directed proposal; or".

Environment Protection (Liveable Neighbourhoods) Act 2001

Act No. 7/2001 s. 10

(2) In section 31A(2)(g) of the Environment

Protection Act 1970 after "plan" insert "or a neighbourhood environment improvement plan prepared as a result of a directed proposal".

10. Amendment to section 31C

After section 31C(6) of the Environment
Protection Act 1970 insert—

"(7) An environment improvement plan must be

consistent with any relevant neighbourhood

environment improvement plan.".

11. Review of Authority's direction to submit proposal

(1) After section 32(1)(d) of the Environment

Protection Act 1970 insert—
"(e) a direction to a protection agency to submit a

proposal to develop a neighbourhood environment improvement plan to the Authority for endorsement;".

(2) After section 35 of the Environment Protection Act 1970 insert—

"35A. Reviews in respect of directions under

section 19AG

A person whose interests are affected by a decision of the Authority under section 19AG may, within 21 days of the decision, apply to the Tribunal for review of the decision.".

(3) After section 37(b) of the Environment

Protection Act 1970 insert—

"(ba) in the case of a direction under section

19AG, confirm, amend or revoke the

direction;".

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

Act No. 7/2001 s. 12

PART 4—ENVIRONMENTAL AUDITS

12. New Part IXD inserted

After section 53Q of the Environment

Protection Act 1970 insert—

"PART IXD—ENVIRONMENTAL AUDITS

53R. Purpose of Part

The purpose of this Part is to provide for—

(a) the appointment of environmental
auditors; and

(b) a system of environmental audit of—

(i)  the condition of a segment of the environment; and

(ii) detriment to a segment of the
environment caused by any

the risk of any possible harm or waste, substance or noise—

for use in the planning, approving,
regulating, managing or conducting of
activities and in the protection of the

environment.

53S. Appointment of environmental auditor

(1) The Authority may appoint any person to be an environmental auditor for the purposes of this Act.

(2) The Authority may—

(a) suspend or revoke an appointment; or

(b) impose any conditions to an appointment.

Environment Protection (Liveable Neighbourhoods) Act 2001

s. 12 Act No. 7/2001

(3) The Authority must issue to every

environmental auditor an authority in writing
bearing a signed photograph of the auditor.

(4) An environmental auditor must produce his or her authority in writing if requested to do so.

(5) The function of an environmental auditor

is—

(a) to conduct environmental audits; and

(b)	to prepare environmental audit reports; and
(c)

if requested, to issue certificates of environmental audit.

(6) An environmental auditor must have regard to any guidelines issued by the Authority for the purposes of this Act in carrying out his or her functions

53T. Fees paid by an environmental auditor

(1) Subject to sub-section (2), a person may not

be appointed as an environmental auditor unless the person has paid an appointment fee of 170 fee units to the Authority.

(2) The Authority may exempt a person from the payment of the fee under sub-section (1).

(3) An environmental auditor must pay the fee

prescribed in respect of an environmental
audit within 7 days after completing an audit.

53U. Engagement of an environmental auditor

A person may engage an environmental auditor to conduct an environmental audit in accordance with this Part.

Environment Protection (Liveable Neighbourhoods) Act 2001

Act No. 7/2001 s. 12

53V. Environmental audit report on risk caused by industrial process etc.

An environmental audit report in relation to the risk of any possible harm or detriment to a segment of the environment caused by any industrial process or activity, waste,

substance or noise must—

(a) activity, waste, substance or noise in

specify the industrial process or audit was conducted; and

(b)	state the name of the person who has engaged the environmental auditor to conduct the environmental audit; and
(c)	be signed by the environmental auditor; and
(d)	specify the results of the environmental audit.

53W. Environmental audit of condition of
segment of environment

(1) If an environmental auditor is engaged to

conduct an environmental audit of the
condition of a segment of the environment,
he or she must prepare an environmental
audit report before issuing a certificate of
environmental audit or a statement of
environmental audit.
Penalty: 300 penalty units.

(2) A certificate of environmental audit or a

statement of environmental audit is invalid if
it was issued before the completion of an
environmental audit report.

Environment Protection (Liveable Neighbourhoods) Act 2001

s. 12 Act No. 7/2001

53X. Environmental audit report on condition of segment of the environment

An environmental audit report in relation to the condition of a segment of the environment must—

(a)	specify the segment of the environment in respect of which the environmental audit was conducted; and
(b)	state the name of the person who has engaged the environmental auditor to conduct the environmental audit; and
(c)	be signed by the environmental auditor; and

(d) include—

(i)	an evaluation of the environmental quality of the relevant segment of the environment; and
(ii)

an assessment of whether any segment of the environment; and

(iii)  if any clean up is necessary, any recommendations relating to the carrying out of the clean up.

53Y. Certificate of environmental audit

(1) In determining whether or not to issue a

certificate of environmental audit, an
environmental auditor must have regard to—

(a) the beneficial uses that may be made of the relevant segment of the environment; and

Environment Protection (Liveable Neighbourhoods) Act 2001

Act No. 7/2001 s. 12

(b) any relevant State environment
protection policy or industrial waste
management policy.

(2) If an environmental auditor is of the opinion that the condition of the relevant segment of the environment is or is potentially

detrimental to any beneficial use of that
segment, the environmental auditor must
refuse to issue a certificate of environmental

audit.

53Z. Statement of environmental audit

(1) If an environmental auditor determines not to issue a certificate of environmental audit, he or she must issue a statement of

environmental audit.

(2) A statement of environmental audit must

specify—

(a)

the reasons why the environmental certificate of environmental audit; and

(b)	the beneficial uses of the segment of the environment that are protected; and
(c)	the terms and conditions that need to be complied with before a certificate of environmental audit may be issued.

53ZA. Incorrect certificate or statement of

environmental audit

(1) If an environmental auditor is of the opinion

that he or she has issued a certificate or statement of environmental audit that is incorrect in a material particular, the
environmental auditor may withdraw the
certificate or statement and—

Environment Protection (Liveable Neighbourhoods) Act 2001

s. 12 Act No. 7/2001

(a) conduct another environmental audit report and issue a new certificate or statement; or

(b) issue a new certificate or statement. (2) An environmental auditor may amend any

certificate or statement of environmental

audit to correct any—

(a)	clerical mistake or unintentional error or omission;
(b)	figure or figures that have been miscalculated;
(c)	misdescription of any person, thing or property.

(3) If the environmental auditor withdraws a certificate or statement of environmental audit under this section, the auditor must notify the Authority and the relevant

responsible authority within the meaning of
the Planning and Environment Act 1987 of
the withdrawal within 7 days after the

withdrawal.

(4) If the environmental auditor has amended a

audit or has issued a new certificate or
statement, the auditor must send to the

certificate or statement of environmental authority within the meaning of the Planning and Environment Act 1987 a copy of the certificate or statement within 7 days after amending or issuing it.

(5) If the environmental auditor is for any reason unable to perform the functions and duties of his or her appointment, the Authority may

withdraw an incorrect certificate or
statement of environmental audit.

Environment Protection (Liveable Neighbourhoods) Act 2001

Act No. 7/2001 s. 12

(6) If the Authority withdraws an incorrect

certificate or statement of environmental
audit, the Authority must notify the relevant
responsible authority within the meaning of
the Planning and Environment Act 1987 of
the withdrawal within 7 days after the
withdrawal.

53ZB. Notification

(1) If an environmental auditor is engaged to

issue a certificate of environmental audit, the
environmental auditor must within 7 days
after receiving the request send to the
Authority a statement in writing
specifying—

(a)	the name of the person who has engaged the environmental auditor; and
(b)	the location of the relevant segment of the environment in respect of which the request has been made; and
(c)	the proposed completion date of the environmental audit.

Penalty: 300 penalty units.

(2) An environmental auditor must within 7 days

after completing an environmental audit
report send to the Authority and the relevant
planning authority and responsible authority
within the meaning of the Planning and
Environment Act 1987—

(a) a copy of the environmental audit report; and

Environment Protection (Liveable Neighbourhoods) Act 2001

s. 12 Act No. 7/2001

(b)

if the environmental auditor determines environmental audit, a copy of a statement of environmental audit; and

(c) if the environmental auditor determines to issue a certificate of environmental audit, a copy of the certificate of environmental audit.

Penalty: 300 penalty units.

(3) An environmental auditor must notify the Authority of any imminent environmental hazard as soon as is practicable after

becoming aware of the hazard in the course
of conducting an environmental audit.

Penalty: 300 penalty units.

53ZC. Offences

(1) An environmental auditor must not—

(a)	give false or misleading information to the Authority; or
(b)

issue a certificate of environmental audit which is false or misleading; or

(c) conceal any relevant information or document from the Authority.

(2) An environmental auditor who contravenes sub-section (1) is guilty of an indictable

offence.

Penalty:  2400 penalty units or
imprisonment for 2 years or both.

53ZD. Revocation of environmental auditor

appointment

If an environmental auditor is convicted of an offence against section 53ZC, the

Environment Protection (Liveable Neighbourhoods) Act 2001

Act No. 7/2001 s. 13

Authority must revoke his or her appointment as an environmental auditor.

53ZE. Notification of received statements

(1) Where a statement of environmental audit has been issued in respect of any premises and a certificate of environmental audit in respect of the premises has not been issued subsequent to the statement, the occupier of the premises must provide a copy of the

statement to any person who proposes to
become the occupier of the premises.

(2) If a person becomes the occupier of any

premises and the previous occupier did not
comply with sub-section (1), the current
occupier may, within 12 months of becoming
the occupier, recover from the previous
occupier in any court of competent
jurisdiction any reasonable costs incurred in
complying with the terms and conditions of
the statement of environmental audit.".

13. Consequential amendments to Part X

(1) In section 57 of the Environment Protection Act

1970—

(a)	in sub-sections (1) and (2) omit ", environmental auditor";
(b)	in sub-section (3) omit ", environmental auditor" where twice occurring;

(c) sub-sections (4) and (5) are repealed.

(2) Section 57AA of the Environment Protection Act 1970 is repealed.

(3) After section 70(3)(ab) of the Environment

Protection Act 1970 insert—

Environment Protection (Liveable Neighbourhoods) Act 2001

s. 14 Act No. 7/2001

"(ac) any money collected as a fee under section

53T(3); and".

(4) After section 70(6) of the Environment Protection Act 1970 insert—

"(6A) Money paid into the Environment Protection

Fund under sub-section (3)(ac) is to be
applied by the Authority for the purposes of
Part IXD.".

(5) After section 71(1)(ac) of the Environment

Protection Act 1970 insert—

"(aca) prescribing a fee with respect to a

completed environmental audit;".

14. Consequential amendment to Schedule A

In Schedule A to the Environment Protection Act 1970 for "57AA(5)" substitute "53ZB(1), 53ZB(2) or 53ZB(3)".

_______________
Environment Protection (Liveable Neighbourhoods) Act 2001

Act No. 7/2001 s. 15

PART 5—GENERAL AMENDMENTS

15. Amendment to definition

In section 4(1) of the Environment Protection
Act 1970 in the definition of "ozone-depleting
substance" after "halon" insert

", hydrochlorofluorocarbon".

16. Fees determined in accordance with guidelines

In section 13(1)(h) of the Environment
Protection Act 1970, before sub-paragraph (ii)
insert—

"(i) determined by the Authority in accordance

with the relevant guidelines published from
time to time by the Office of Public

Employment; or".

17. Payment of licence fee

(1) For section 24(1)(a) of the Environment

Protection Act 1970 substitute—

"(a) on the day on which it is issued and annually

on the date fixed by the Authority while the

licence continues in force; or".

(2) In section 71(1)(aa) of the Environment

Protection Act 1970 for "and the anniversary of the issue of a licence" substitute "of a licence and annually on the date fixed by the Authority under section 24(1)(a)".

18. Dumping or abandoning industrial waste

In section 27A(2) of the Environment Protection

Act 1970—

(a) after "dumped or abandoned" insert "a particular kind of";

Environment Protection (Liveable Neighbourhoods) Act 2001

s. 19 Act No. 7/2001

(b) in paragraph (a) after "industrial waste" insert "of that kind".

19. Amendment to section 39

In section 39(3) of the Environment Protection

Act 1970 after "placed" insert "or left".

20. Amendment to section 55

In section 55(2) of the Environment Protection make such audio, video or other recordings".

21. Amendment to section 59AB

After section 59AB(5) of the Environment
Protection Act 1970 insert—

"(6) Notwithstanding the rule against hearsay, a

transport certificate relating to the transport

of prescribed industrial waste shall be
admissible in evidence in any proceedings
under this Act and shall be prima facie

evidence of the matters stated therein.".

22. Amendment to section 63B

In section 63B(1) of the Environment Protection
Act 1970 in paragraph (ab) of the definition of
"prosecution officer" for "section 48A(3) or (8)"

substitute "section 48A(8)".

23. Financial assurances

In section 67B(1) of the Environment Protection

Act 1970 for "53B" substitute "53F".

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Environment Protection (Liveable Neighbourhoods) Act 2001

Act No. 7/2001 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 2 November 2000

Legislative Council: 3 April 2001

The long title for the Bill for this Act was "to amend the Environment Protection Act 1970 to include principles of environment protection, to provide for neighbourhood environment improvement plans and for other

purposes."