Environment Protection (Resource Efficiency) Act 2002 (Vic)
Environment Protection (Resource Efficiency) Act
2002
Act No. 37/2002
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY MATTERS 1
1. Purposes 1 2. Commencement 2 PART 2—IMPROVING RESOURCE USE EFFICIENCY AND
REDUCING ECOLOGICAL IMPACT 3
3. Additional Authority function 3 4. Change to heading 3 5. Insertion of Division 1A into Part IX 3 Division 1A—Sustainability Covenants 3 49AA. Sustainability covenants 3
49AB. Meaning of "member of an industry" 4 49AC. Authority may enter into sustainability covenants 4 49AD. Declaration that industry may have a significant impact on the environment 5
49ADA. Declaration may be disallowed 5
49AE. Procedure to be followed before recommendation made 6 49AF. Authority may require statement of ecological impact 8 49AG. Statement of ecological impact may also be required if industry fails to create covenant 9 49AH. Requirement to take action to address major inefficiencies or impacts 10 49AI. How requirements under sections 49AF, 49AG and 49AH are to be made 12 49AJ. Restriction concerning public notice requirements 13 49AK. How statements of ecological impact to be produced 13 49AL. Authority may amend requirement 13
49AM. Offence to fail to comply with Authority requirement 14
49AN. Guidelines for the production of statements 15 49AO. Authority may conduct audits 18 49AP. Listing of covenants and statements to be kept 18
6. Reviews by Tribunal 19
i
Section Page
7. Insertion of section 36BA 19
36BA. Reviews in respect of section 49AF, 49AH or 49AL
requirements 19 8. Failure to comply with Part IX Division 1A requirement to
be an infringement 19
PART 3—WASTE MANAGEMENT AND RESOURCE
RECOVERY 21 Division 1—Definitions and Waste Management Policies 21
9. Definitions 21 10. Insertion of section 16A 22
16A. Waste management policy 22
11. Consequential amendments 23 12. Insertion of section 18E 25
18E. Saving of former industrial waste management
policies 25
Division 2—EcoRecycle Victoria 25
13. Changes to the functions of EcoRecycle Victoria 25 14. Additional ground of dismissal for EcoRecycle Victoria members 26 15. Annual business plan of EcoRecycle Victoria 27 16. Minor consequential amendment 27 17. Insertion of Division 2AA into Part IX 27 Division 2AA—Solid Industrial Waste Management Plans 27
49L. Preparation and content of plans 27 49M. Consultation must occur before plan finalised 29 49N. Who must comply with plans 30 49O. Life of plan 31 49P. Amendment of plans 31 49Q. Review of plans 31 49R. Authority may refuse works approval etc. if facility is inconsistent with plan 31
Division 3—Regional Waste Management Groups 32
18. Clarification of status of section 50F groups 32 19. Clarification of status of section 50G groups 32 20. Functions and powers of regional waste management groups 33 21. Change to who may govern a regional waste management group 34 22. Membership of a regional waste management group 35 23. Insertion of section 50KA 35 50KA. Staff 35 24. Annual business plan 35
ii
Section Page
25. Insertion of section 50LB 36
50LB. Minister may give directions to regional waste
management group 36
26. Substitution of sections 50O and 50P 36
50O. Restriction on commercial activities 36 50P. Divestment of commercial properties 37
27. Preparation and content of regional waste management plans 37 28. Additional people who must comply with regional waste management plans 38 29. Insertion of section 50RAA 38 50RAA. Consultation must occur before plan finalised 38 30. Changes concerning consequences of not complying with plans 40 31. Amendment to the Local Government Act 1989 40
Division 4—Landfill Levy 40
32. Landfill levy—amount payable 40 33. Changes concerning the landfill levy on industrial waste 42 34. Repeal of spent provisions 42 35. Abolition of Resource Recovery Fund 42 36. Insertion of sections 70A–70D 44
70A. Restrictions concerning the distribution of money
derived from the general landfill levy 44 70B.
Priority statement 45 70C.
Restrictions concerning section 70A(b) guidelines 46 70D.
Advisory panel in relation to section 70A(c) 47
37. Minor and consequential amendments 48
PART 4—LITTER 49
38. Definitions 49 39. Additional reference section 50 40. Insertion of Part VIIA 51 PART VIIA—LITTER AND MATERIAL THAT MAY BECOME LITTER 51 Division 1—Preliminary Matters 51
45A. Object of Part 51 45B. Definitions 51 45C. Governor in Council may declare body to be a litter authority 52 45D. Part does not apply to environment protection offences 52
Division 2—Littering Offences 52
45E. Deposit of litter generally 52 45F. Aggravated littering 53
iii
Section Page
45G. Owners, drivers etc. of vehicles from which litter
deposited liable for littering 54 45H.
Other exceptions to section 45G 55 45I.
Form of statutory declaration 56 45J.
Notice to accompany charges using section 45G 56 Division 3—Offences Concerning Material That May
Become Litter 57
45K. Meaning of unsolicited document 57 45L. Unsolicited documents must be put in mailboxes etc. 57 45M. Advertising material not to be deposited in certain mailboxes etc. 58 45N. Leaflets etc. not to be placed on vehicles 59 45O. Bill posting not to occur without consent 59 45P. Advertiser must disclose name of distributor 59 45Q. Distributor must disclose name of depositor 60 45R. Person who commissions document must ensure that it does not become litter 60
Division 4—Other Offences 61
45S. Offence to ask person to commit offence 61 45T. Offence to deface or set fire to public litter receptacles 61 45U. Offences concerning the loading of vehicles 61
Division 5—Removal of Litter and Disorderly Things 62
45V. Litterer must remove litter if asked 62 45W. Court may order removal of litter 62 45X. Person may be directed to remove litter 63 45Y. Person may be directed to remove disorderly etc. objects or things 65 45Z. Authority may remove litter or object or thing if direction not complied with 66 45ZA. Occupier may recover cost of removing litter from litterer 67
Division 6—Prevention of Litter 67
45ZB. Litter abatement notice 67 45ZC. Period for which notice remains in force 68 45ZD. Form of notice 68 45ZE. Amendment or revocation of notice 68
Division 7—Particular Litter Enforcement Powers 69
45ZF. Powers of entry of litter enforcement officers 69 45ZG. Requirement to give name and address 69 45ZH. Officers must identify themselves 70 45ZI. Litter enforcement officer may require certain people to give information 71
iv
Section Page
45ZJ. Officer may require information to be in writing 72 45ZK. Reports of offences 73
45ZL. Savings provisions 73
41. Reviews by Tribunal 74 42. Insertion of section 36AA 75
36AA. Reviews in respect of section 45Y directions and
litter abatement notices 75
43. Insertion of sections 57B—57D 76
57B. Certificate concerning ownership of vehicle 76 57C. Certificate concerning litter offences 76 57D. Certificate concerning presence of junk mail sign 77
44. Widening of notice requirement 79 45. Who may take proceedings 79 46. Who may issue infringement notices 80 47. Litter penalties to be paid to prosecutors 80 48. Use of penalty money 81 49. Infringement offences 81 50. Repeal of the Litter Act 1987 82 51. Consequential amendments to other Acts 82
PART 5—MISCELLANEOUS AMENDMENTS 83
52. Repeal of minimum penalty 83 53. Witnessing of statements—Magistrates' Court Act 83
═══════════════
ENDNOTES 84
v
Victoria
No. 37 of 2002
Environment Protection (Resource
Efficiency) Act 2002†
[Assented to 18 June 2002]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY MATTERS
1. Purposes
The main purposes of this Act are—
(a)
to amend the Environment Protection Act 1970—
(i) to promote the establishment of improve the efficiency of resource use
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 2 and to reduce impacts on the
environment; and
(ii) provisions of that Act dealing with
to improve the operation of the recovery; and
(b)
to repeal the Litter Act 1987 and to re-enact, with changes, the provisions of that Act in the Environment Protection Act 1970; and
(c)
to make minor amendments to the Local Government Act 1989 and the Magistrates' Court Act 1989.
2. Commencement
(1) This Part and Parts 2, 4 and 5 and Division 1 of
Part 3 come into operation on the day after the day on which this Act receives the Royal Assent.
(2) Divisions 2 and 3 of Part 3 and sections 32 and 33 come into operation on 1 July 2002.
(3) Subject to sub-section (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(4) If a provision of this Act does not come into
operation before 1 January 2004, it comes into
operation on that day.
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| s. 3 | Act No. 37/2002 |
PART 2—IMPROVING RESOURCE USE EFFICIENCY AND
REDUCING ECOLOGICAL IMPACT
3. Additional Authority function
See:
| Act No. | After section 13(1)(cc) of the Environment |
| 8056. | Protection Act 1970 insert— |
| Reprint No. 13 | |
| as at | "(cd) to promote continuing— |
| 1 October |
2000 (i) improvements in the efficiency with
| and | |
| amending | which resources are used, having regard |
| Act Nos | |
| 7/2001, | to the principles of environment |
| 11/2001 and | protection, in industrial enterprises and |
| 44/2001. | |
| LawToday: | processes; and |
| (ii) reductions in the ecological impacts of | |
| dpc.vic. | |
| gov.au | industrial enterprises and processes;". |
4. Change to heading
For the heading to Part IX of the Environment
Protection Act 1970 substitute—"PART IX—RESOURCE EFFICIENCY".
5. Insertion of Division 1A into Part IX
After section 49 of the Environment Protection
Act 1970 insert—
'Division 1A—Sustainability Covenants
49AA. Sustainability covenants
A sustainability covenant is an agreement under which a person or body undertakes—
(a)
to increase the efficiency with which the person or body uses resources to produce products or services; and
(b)
to reduce the ecological impact of those products or services and of the processes by which they are produced.
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 5 49AB. Meaning of "member of an industry"
For the purposes of this Division, a person is a member of an industry if the person is in control (whether as owner, occupier, lessee, hirer, employer or otherwise) of any process used to produce, or that may be used to produce, any of the products or services that the industry produces.
49AC. Authority may enter into sustainability
covenants
(1) The Authority may become a signatory to a
sustainability covenant for an industry if—
(a) in the opinion of the Authority, the covenant is, or is likely to be, effective in increasing the resource use efficiency, or reducing the ecological impact, of the industry; and (b) the covenant will be readily accessible to the public and will be published on the Internet; and (c) the covenant authorises the copying of all or any part of the covenant by any person who wishes to do so and also authorises the use by such a person of any copies made by the person. (2) If the Authority agrees or undertakes to provide any benefit to a person or body because the person or body is a signatory to a
sustainability covenant, the Authority must
publish a copy of the agreement or
undertaking on the Internet within 3 days
after entering into the agreement or
undertaking.
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| s. 5 | Act No. 37/2002 |
49AD. Declaration that industry may have a significant impact on the environment
(1) The Governor in Council, on the
recommendation of the Authority, may
declare that an industry has the potential to
have a significant impact on the
environment.(2) A declaration has no effect until it is published in the Government Gazette.
(3) In making a declaration the Governor in
Council may define the industry to which the declaration applies in any manner that the Governor in Council considers to be appropriate.
(4) Without limiting sub-section (3), the
Governor in Council may define part of an industry to be an industry for the purposes of the declaration.
(5) The Governor in Council, on the
recommendation of the Authority, may
amend or revoke a declaration by noticepublished in the Government Gazette.
(6) The Authority may not recommend to the
Governor in Council that a declaration under this section be made in respect of a primary production industry.
(7) For the purposes of sub-section (6), a
primary production industry is an industry
that is solely or substantially engaged in
agricultural, horticultural, viticultural,
fishing or similar activities.
49ADA. Declaration may be disallowed
(1) On or before the 6th sitting day after a
declaration made under section 49AD is
published in the Government Gazette, the
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 5 Minister must ensure that a copy of the
declaration is laid before each House of the
Parliament.(2) A failure to comply with sub-section (1) does
not affect the operation or effect of the
declaration but the Scrutiny of Acts and
Regulations Committee of the Parliament
may report the failure to each House of the
Parliament.
(3) A declaration may be disallowed in whole or in part by either House of Parliament.
(4) Part 5 of the Subordinate Legislation Act 1994 applies to a declaration as if—
(a)
a reference in that Part to a "statutory rule" was a reference to the declaration; and
(b)
a reference in section 23(1)(c) of that Part to "section 15(1)" was a reference to sub-section (1).
49AE. Procedure to be followed before
recommendation made
(1) Before recommending that the Governor in Council make or amend a declaration under section 49AD in respect of an
industry, the Authority—
(a) must publish a statement, on the Authority's Internet site and in a newspaper circulating generally throughout Victoria, that it is intending to make the recommendation; and
(b) must outline in that statement—
(i) the reasons for its intention; and
(ii) if a sustainability covenant already exists for the industry, any
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| s. 5 | Act No. 37/2002 |
outcomes achieved under that
covenant; and
(c) must advise where a copy of the full reasons for its intention can be obtained or examined; and (d) further statement inviting anyone with
an interest in the matter to make
comments to the Authority withinmust include with the statement a the statement; and
(e) must consider any comments that are made in response to the invitation. (2) Sub-section (1) does not apply to a declaration—
(a) that revokes an existing declaration; or
(b)
that amends an existing declaration if the amendment is of a machinery or administrative nature.
(3) The Authority must publish on its Internet
site—
(a) a summary of the submissions it receives in response to an invitation made under sub-section (1); and (b) its response to those submissions. (4) The Authority must also give a copy of its
response to each person who lodged a
separate submission (or in the case of a
submission made on behalf of a number of
people, to a nominated representative of
those people).(5) The Authority must, on request, provide a copy of any comment that it receives in
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 5 response to an invitation made under sub- section (1) to any member of Parliament.
49AF. Authority may require statement of
ecological impact
(1) This section applies if—
(a) a declaration is in force under section 49AD in respect of an industry; and (b) there is a sustainability covenant with respect to the industry; and (c) the Authority is a signatory to the covenant; and (d) a person who is a member of the industry either— (i) is not a signatory to the covenant; or
(ii) is a signatory to the covenant, but has been determined by the processes set out in the covenant not to be meeting one or more undertakings made by the person in entering the covenant.
(2) The Authority may require the person to
produce a statement that assesses, in relation to any enterprise or process controlled by the person in the industry—
(a)
what resources the enterprise or process is using and in what quantities those resources are being used; and
(b)
how the resource use efficiency of the enterprise or process can be improved; and
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| s. 5 | Act No. 37/2002 |
(c) the actual or potential ecological impacts of the enterprise or process and of the products or services produced by the enterprise or process; and (d) how those impacts can be reduced. (3) In making such a requirement, the Authority
may also require that the statement, or
specified parts of the statement, be published
publicly in a specified type of publication orforum.
49AG. Statement of ecological impact may also be
required if industry fails to create covenant
(1) This section applies if—
(a) a declaration is in force under section 49AD in respect of an industry; and (b) the Authority, is of the opinion, after having consulted with the members of the industry, that an insufficient number of the members of the industry are prepared to create and enter into an effective sustainability covenant to make such a covenant viable. (2) The Authority may require each member of
the industry to produce a statement that
assesses, in relation to each enterprise or
process controlled by the member in the
industry—
(a)
what resources the enterprise or process is using and in what quantities those resources are being used; and
(b)
how the resource use efficiency of the enterprise or process can be improved; and
(c)
the actual or potential ecological impacts of the enterprise or process and
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 5 of the products or services produced by
the enterprise or process; and(d) how those impacts can be reduced.
(3) In making such a requirement, the Authority
may also require that the statement, or
specified parts of the statement, be published
publicly in a specified type of publication or
forum.
(4) In imposing a requirement on a member of
an industry under this section, the Authority must impose the same requirement on each other member of the industry, unless, in any particular case, no purpose would be served in doing so.
49AH. Requirement to take action to address major inefficiencies or impacts
(1) This section applies if a statement produced
in accordance with a requirement made
under section 49AF or 49AG states—
(a) that an enterprise or process is a significant user of resources and that the resource use efficiency of the enterprise or process can be improved; or (b) that an enterprise or process has, or the products or services produced by an enterprise or process have, major actual or potential ecological impacts and that those impacts can be reduced. (2) The Authority may require the person who
was required to produce the statement, in
relation to the enterprise, process, products
or services—
Environment Protection (Resource Efficiency) Act 2002
| s. 5 | Act No. 37/2002 |
(a) implement the resource use efficiency
improvements or ecological impactto produce a plan of proposed actions to and
(b)
to specify in the plan the key actions that are to be undertaken and the timeframes within which those actions are to be taken; and
(c)
to specify in the plan resource efficiency or ecological impact reduction targets; and
(d)
to specify in the plan a method for monitoring compliance with the plan (which may include the public reporting of the results of that monitoring); and
(e) to implement the plan; and
(f) to take any specified action under the plan that has not been taken. (3) The Authority may also require the person,
in relation to the enterprise, process,
products or services—
(a) product stewardship approaches to
to assess alternative practices and resources or to reduce any ecological impacts identified by the Authority; and
(b) to take specified actions to meet specified resource efficiency, or ecological impact reduction, targets; and
(c)
to publicly report in a specified type of publication or forum specified information in relation to resource
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 5 efficiency or ecological impact
reduction; and
(d) to undertake specified audits using an environmental auditor, and to report the results of those audits, in relation to resource efficiency or ecological impact reduction. (4) In the case of a statement produced in
accordance with a requirement made under
section 49AF, the Authority may also require
the person to do anything else that the person
would be obliged to do under the
sustainability covenant referred to in section
49AF(1)(a) if the person was a signatory to
the covenant and was honouring the
obligations that would, or that could
reasonably be expected to, apply to the
person under the covenant.
49AI. How requirements under sections 49AF,
49AG and 49AH are to be made
(1) A requirement under section 49AF, 49AG or
49AH must be made by the Authority by serving a written notice on the person on whom the requirement is to be imposed that
sets out—
(a)
the requirement that the person must comply with; and
(b)
by when the requirement must be complied with; and
(c)
in the case of a requirement made under section 49AF or 49AH, a copy of section 36BA.
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| s. 5 | Act No. 37/2002 |
(2) In specifying by when a requirement must be
complied with, the Authority must not
specify a date that is less than 30 days after
the day on which the notice is served.
49AJ. Restriction concerning public notice
requirements
In requiring a person to publicly publish any information under section 49AF, 49AG or 49AH, the Authority cannot require the person to publish any information that is of a confidential or commercially sensitive nature.
49AK. How statements of ecological impact to be
produced
A person who is required to produce a statement under section 49AF or 49AG—
(a) must produce the statement in accordance with any specified guidelines made under section 49AN; and
(b) accompanied by a certificate signed by
an environmental auditor stating thatmust ensure that the statement is compliance with those guidelines; and
(c)
must give a copy of the statement to the Authority.
49AL. Authority may amend requirement
(1) The Authority may at any time, in relation to any requirement imposed by it under section 49AF, 49AG or 49AH—
(a) revoke or amend the requirement; or
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 5
(b) extend the period within which the requirement must be complied with; or (c) waive a time limit imposed in relation to the requirement and impose a new time limit in relation to that requirement. (2) The revocation, amendment, extension or waiver must be made by the Authority by serving a written notice on the person on whom the requirement was imposed.
(3) If a requirement imposed under section
49AF, 49AG or 49AH is amended less than 30 days before it is to be complied with, the Authority must extend the time limit
applying to the requirement to ensure that the person who has to comply with it has at least 30 days within which to comply with it.
(4) In the case of a requirement imposed under
section 49AG, the Authority must not
exercise any power conferred on it by this
section in a way that discriminates between
the members of the industry on whom the
requirement was imposed.
(5) Sub-section (4) also applies to requirements
imposed under section 49AH if those
requirements arise from a statement
produced in response to a requirement
imposed under section 49AG.
49AM. Offence to fail to comply with Authority
requirement
(1) A person on whom a requirement is imposed by the Authority under section 49AF, 49AG or 49AH—
(a) must comply with the requirement; and
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| s. 5 | Act No. 37/2002 |
(b) must do so within the time specified by the Authority in the notice imposing the requirement, or in any notice served under section 49AL (whichever is the
later); and(c) must comply with section 49AK in complying with the requirement. (2) A person who contravenes sub-section (1) is guilty of an indictable offence and is liable to a penalty not exceeding 2400 penalty units.
(3) A person who contravenes sub-section (1) is
also liable to an additional daily penalty of 1200 penalty units for each day the offence continues after the person—
(a) is convicted of the offence; or
(b)
is served with a written notice by the Authority stating that, in the opinion of the Authority, the person is contravening sub-section (1).
49AN. Guidelines for the production of statements
(1) The Authority may produce and publish guidelines concerning—
(a) product stewardship approaches;
(b)
how to assess the resource use efficiency or ecological impact of all or part of an industry or of any enterprise, process, product or service;
(c)
how resource use efficiencies may be made and how ecological impacts may be reduced;
(d)
how a statement of the resource use efficiency and the ecological impact of any enterprise, process, product or service is to be produced.
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 5 (2) Without limiting the matters that may be
dealt with in the guidelines, the guidelines
may—
(a) specify measures and methods for Division whether an enterprise or process is, or has the potential to become, a significant resource user;
(b) determining whether the resource use
specify measures and methods for can be improved;
(c) determining for the purposes of this
Division whether an enterprise, process,specify measures and methods for or potential ecological impacts;
(d) determining whether the ecological
specify measures and methods for product or service can be reduced.
(3) The guidelines may apply generally, or to a
specified industry, or both generally in some respects and to particular industries in other respects.
(4) Before publishing a guideline under this section, the Authority—
(a) circulating generally throughout
must advertise, in a newspaper guideline; and
(b) must include in the advertisement—
(i) an outline of the draft guideline; and
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| s. 5 | Act No. 37/2002 |
(ii) advice as to where a copy of the draft guideline can be obtained or examined; and
(iii) a statement inviting anyone with an interest in the matter to make comments to the Authority within
21 days after the date of
publication of the advertisement;
and
(c)
must publish on the Authority's Internet site a copy of the draft guideline and a copy of the statement required by paragraph (b)(iii); and
(d)
must consider any comments that are made in response to the invitation made under paragraph (b)(iii) and (c).
(5) Sub-section (4) does not apply to a
guideline—
(a) that revokes an existing guideline; or
(b) that amends an existing guideline if the amendment is of a machinery or administrative nature. (6) A guideline has no effect until notice of its
making is published in the Government
Gazette.
(7) On or before the 6th sitting day after notice of the making of a guideline is published in the Government Gazette, the Minister must ensure that a copy of the guideline is laid
before each House of the Parliament. (8) A failure to comply with sub-section (7) does
not affect the operation or effect of the guideline but the Scrutiny of Acts and Regulations Committee of the Parliament
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002
may report the failure to each House of the
Parliament.(9) A guideline may be disallowed in whole or in part by either House of Parliament.
(10) Part 5 of the Subordinate Legislation Act 1994 applies to a guideline as if—
(a)
a reference in that Part to a "statutory rule" was a reference to the guideline; and
(b)
a reference in section 23(1)(c) of that Part to "section 15(1)" was a reference to sub-section (7).
49AO. Authority may conduct audits
For the purposes of this Division, the
Authority may undertake audits—
(a) to provide an assessment of the ecological impact of an industry or part of an industry; (b) to provide an assessment of product stewardship approaches; (c) to determine where resource use ecological impacts may be reduced.
49AP. Listing of covenants and statements to be
kept
(1) The Authority must establish and maintain a
list of—
(a)
the sustainability covenants to which it is a signatory; and
(b)
the statements that have been produced in accordance with a requirement made under section 49AF or 49AG.
Environment Protection (Resource Efficiency) Act 2002
s. 6
| s. 7 | Act No. 37/2002 |
(2) The Authority must ensure that the list is published on its Internet site and that it is updated on a regular basis.'.
6. Reviews by Tribunal
(1) In section 32(1) of the Environment Protection
Act 1970—
(a) in paragraph (f), omit "and";
(b) after paragraph (f) insert—
"(fa) requirements made under section 49AF, 49AH or 49AL;".
(2) In section 37(i) of the Environment Protection
Act 1970—
(a)
in paragraph (i), for "appropriate; or" substitute "appropriate;"
(b) after paragraph (i) insert—
"(ia) in the case of an application under section 36BA, confirm, revoke or amend the notice as the Tribunal considers appropriate;".
7. Insertion of section 36BA
After section 36B of the Environment Protection
Act 1970 insert—
"36BA. Reviews in respect of section 49AF, 49AH
or 49AL requirements
A person who is served with a notice imposing a requirement on the person under section 49AF, 49AH or 49AL may, within 21 days after receiving the notice, apply to the Tribunal for a review of the decision.".
8. Failure to comply with Part IX Division 1A requirement to be an infringement
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002
In Schedule A to the Environment Protection
Act 1970, after "42B(13), 48AB(4)," insert"49AM(1),".
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Environment Protection (Resource Efficiency) Act 2002
| s. 9 | Act No. 37/2002 |
PART 3—WASTE MANAGEMENT AND RESOURCE
RECOVERY
Division 1—Definitions and Waste Management Policies
9. Definitions
In section 4(1) of the Environment Protection
Act 1970—
(a)
omit the definition of "industrial waste management policy";
(b)
in the definition of "policy", for "an industrial" substitute "a";
(c) insert the following definitions—
' "municipal waste" means any wastearising from municipal or residential
activities, and includes waste collected
by, or on behalf of, a municipal council,
but does not include any industrial
waste;
"waste management facility" includes a
landfill, a transfer station, a composting
facility, a facility to store or contain
solid waste and a material recovery
facility;
"waste management policy" means a
policy declared by the Governor in
Council under section 16A;'.
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 10 10. Insertion of section 16A
After section 16 of the Environment Protection
Act 1970 insert—
"16A. Waste management policy
(1) For the purposes of this Act the Governor in Council may, on the recommendation of the Authority, by Order published in the
Government Gazette declare the waste management policy to be observed with respect to any aspect of the management of waste in Victoria, including with respect to—
(a) the generation, storage, treatment,
transport and disposal, and generally
the handling, of waste;(b) the procedures to be implemented in the recycling, recovery, reclamation and re- use of waste and the use of recycled substances;
(c) the methods by which specified substances are to be disposed of; (d) the routes and methods by which waste is to be transported; (e) the location of treatment and disposal plants; (f) the allocation of responsibility for waste management operations and disposal; and (g) the use and disposal of notifiable chemicals. (2) Any Order made by the Governor in Council
under this section may, by Order of the
Governor in Council published in the
Government Gazette, be revoked or varied.
Environment Protection (Resource Efficiency) Act 2002
| s. 11 | Act No. 37/2002 |
(3) Any reference to a State environment
protection policy within the meaning of this
Act in existence in any Act, statutory
instrument, agreement or other document
before the date of commencement of
section 10 of the Environment Protection
(Resource Efficiency) Act 2002 is deemed
to continue to include a reference to a waste
management policy after that date, unless a
contrary intention appears.".
11. Consequential amendments
In the Environment Protection Act 1970—
(a)
in sections 13(1)(ca) and 13(1)(cb), omit "industrial";
(b) section 16(1A) is repealed;
(c)
in section 17(1A), for "section 16(1A)" substitute "section 16A";
(d)
in sections 17(1A), 17A(1) and 17A(3), omit "industrial" (wherever occurring);
(e)
in section 17A, for "16(1A) or 16(1C)" (wherever occurring) substitute "16(1C) or 16A(1)";
(f) in section 18(2)—
(i) for "Industrial waste" substitute
"Waste";(ii) in paragraphs (a), (b) and (c), omit "industrial";
(g) in section 18A(1)—
(i) in paragraphs (b) and (c), after "16(2)" insert "or 16A(2)";
(ii) for "16(1A) or 16(1C)" substitute "16(1C) or 16A(1)";
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 11
(h)
in sections 18A, 18B and 19(1), for "an industrial" (wherever occurring) substitute "a";
(i) in section 18A(2)(a), omit "industrial";
(j) in section 18B(2), for "An industrial" substitute "A"; (k) in section 18D(1), after "section 16" insert "or 16A"; (l) in sections 18D(5) and 18D(6), for "16(1A) or 16(1C)" substitute "16(1C) or 16A(1)"; (m) in section 19AD, in the definition of "intervention criteria", for "an industrial" substitute "a"; (n) 33B(2A)(b)(i), 33B(2A)(b)(ii),
33B(2C)(b)(i), 33B(2C)(b)(ii), 50I(e),
50R(4)(b), 53Y(1)(b), 55(1A)(a), 71(1)(ba),in sections 19AI(3)(b), 30C(b), 31C(6)(a), occurring);
(o) for section 27A(1)(a) substitute—
"(a) contravenes any rules or requirements relating to industrial waste specified in a waste management policy; or";
(p) for section 37A(c) substitute—
"(c) take account of, and give effect to, any
relevant State environment protection
policy or waste management policy;
and";
(q) in sections 38, 40 and 44(a), after "protection policy" insert "or waste management policy"; (r) in section 49B(2)(k), after "protection policies";
Environment Protection (Resource Efficiency) Act 2002
| s. 12 | Act No. 37/2002 |
(s) in sections 50R(3)(i), 50R(3)(j) and "or waste management policy";
(t)
in section 71(1)(c), after "protection policy" insert "or waste management policy".
12. Insertion of section 18E
After section 18D of the Environment
Protection Act 1970 insert—
"18E. Saving of former industrial waste
management policies
Any industrial waste management policy in force immediately before the date of commencement of section 10 of the Environment Protection (Resource Efficiency) Act 2002 continues in force after that date as a waste management policy, until it is revoked.".
Division 2—EcoRecycle Victoria
13. Changes to the functions of EcoRecycle Victoria
(1) For section 49B(1) of the Environment Protection Act 1970 substitute—
"(1) The functions of EcoRecycle Victoria are—
(a)
to protect the environment by facilitating the achievement of—
(i) the waste reduction objectives set government policies; and
(ii) best practices in waste
management; and
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 14
(b) facilitate, the management of solid
industrial waste in accordance withto plan on a State-wide basis, and to policies.".
(2) In section 49B of the Environment Protection
Act 1970—
(a) insert the following heading—
"Functions";
(b) in sub-section (2), for "its function" substitute "its functions"; (c) for sub-section (2)(a) substitute— "(a) developing State-wide plans for solid
industrial waste management and State-
wide programs for implementing,
supporting and promoting solid
industrial waste reduction and
recycling;
(aa) contributing to the development of
government policies on waste
management;".
(3) In sections 49D(1) and 49J(3) of the
Environment Protection Act 1970, for
"function" substitute "functions".14. Additional ground of dismissal for EcoRecycle Victoria members
After section 49E(3)(b) of the Environment
Protection Act 1970 insert—
"; or
(c) fails to comply with section 49G(1).".
Environment Protection (Resource Efficiency) Act 2002
| s. 15 | Act No. 37/2002 |
15. Annual business plan of EcoRecycle Victoria
(1) In section 49J(1) of the Environment Protection Act 1970, before "business plan" insert "draft".
(2) After section 49J(1) of the Environment Protection Act 1970 insert—
"(1A) After amending its draft business plan in any
way required by the Minister, EcoRecycle the Minister for approval on or before the date required by the Minister.".
16. Minor consequential amendment
In section 49K of the Environment Protection Act 1970, after "waste management strategy" insert "or solid industrial waste management plan".
17. Insertion of Division 2AA into Part IX
After section 49K of the Environment
Protection Act 1970 insert—
"Division 2AA—Solid Industrial Waste
Management Plans
49L. Preparation and content of plans
(1) EcoRecycle Victoria must prepare and
submit to the Authority a draft solid
industrial waste management plan for
Victoria within 12 months after the date of
commencement of section 17 of the
Environment Protection (Resource
Efficiency) Act 2002.
(2) The draft plan must set out the objectives
and priorities of EcoRecycle Victoria for the
management of all solid industrial waste
generated or disposed of within Victoria, and
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 17 must provide a clear direction for future solid
industrial waste management in Victoria.
(3) The draft plan must include—
(a) an analysis of—
(i) current waste sources and the industrial waste streams;
(ii) current levels of resource
recovery; and(iii) future trends in waste generation and resource recovery;
(b) an economic assessment of the possible waste management options; (c) a statement of EcoRecycle Victoria's waste management;
(d) preferred approaches to—
(i) waste minimisation;
(ii) the provision of resource recovery infrastructure;
(iii) waste collection and transport;
(iv) waste disposal;
(e) a waste minimisation and resource recovery program; (f) programs for minimising waste
a set of principles that can guide establishment of alternatives to landfill;
(g) additional solid industrial waste
an analysis of the potential need for the next 5 years;
Environment Protection (Resource Efficiency) Act 2002
| s. 17 | Act No. 37/2002 |
(h) intends to develop programs for
an outline of how EcoRecycle Victoria waste.
(4) The draft plan—
(a) must be consistent with Victorian and
(b) must not conflict with any relevant—
(i) State environment protection
policy; or(ii) waste management policy; and
(c)
must take into account any relevant regional issues identified in regional waste management plans.
(5) If the Authority is not satisfied with a draft
must submit a revised draft plan to the
plan submitted to it, EcoRecycle Victoria by the Authority within the time specified by the Authority.
49M. Consultation must occur before plan
finalised
(1) This section applies if EcoRecycle
Victoria—
(a)
is required to submit a draft solid industrial waste management plan to the Authority under section 49L(1) or 49Q; or
(b)
proposes to amend the solid industrial waste management plan under
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 17 section 49P in a way that is not of a
fundamentally declaratory, machinery
or administrative nature.(2) Before submitting the plan or amendment to the Authority, EcoRecycle Victoria—
(a) must consult with regional waste draft plan or proposed amendment; and
(b) circulating generally throughout
must advertise in a newspaper plan or proposed amendment; and
(c) must include in the advertisement—
(i) an outline of the draft plan or proposed amendment; and
(ii) advice as to where a copy of the draft plan or proposed amendment can be obtained or examined; and
(iii) an interest in the draft plan or
proposed amendment to make
comments to EcoRecycle Victoria
within 28 days after the date ofa statement inviting anyone with and
(d)
must consider any comments that are made in response to the invitation.
49N. Who must comply with plans
Any person involved in the generation, management or transport of solid industrial waste in Victoria must not do anything that is inconsistent with the solid industrial waste management plan in relation to that waste while that waste is in Victoria.
Environment Protection (Resource Efficiency) Act 2002
| s. 17 | Act No. 37/2002 |
49O. Life of plan
(1) A solid industrial waste management plan
takes effect when the Authority gives approval of the plan. (2) The solid industrial waste management plan
remains in force until it is replaced by
another solid industrial waste management
plan approved by the Authority.
49P. Amendment of plans
(1) EcoRecycle Victoria may amend the solid
industrial waste management plan at any
time.
(2) However, an amendment to the solid
industrial waste management plan only takes effect when the Authority gives EcoRecycle Victoria written notice of its approval of the amendment.
49Q. Review of plans
(1) EcoRecycle Victoria must submit to the
Authority a revised solid industrial waste management plan based on a review of its existing plan within 5 years after the date that its existing plan was approved by the Authority.
(2) At any time the Authority may require
EcoRecycle Victoria to submit to it a revised solid industrial waste management plan within 6 months after the date of the request.
49R. Authority may refuse works approval etc. if facility is inconsistent with plan
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 18 (1) The Authority may refuse to consider any
application for works approval, the issue of a
licence or the amendment of a licence in
relation to a waste management facility if the
facility is inconsistent with the solid
industrial waste management plan.
(2) The Authority must give any person or
council whose application is refused under this section a written notice setting out the reason for the refusal.".
Division 3—Regional Waste Management Groups
18. Clarification of status of section 50F groups
After section 50F(5) of the Environment
Protection Act 1970 insert—"(6) On a group becoming a body corporate under
this section, it becomes a public body to
which Part 7 of the Financial Management
Act 1994 applies.".
19. Clarification of status of section 50G groups For section 50G(3) of the Environment Protection Act 1970 substitute—
"(3) On a body corporate becoming a regional
waste management group under this section,
it becomes—
(a)
a public body to which Part 7 of the Financial Management Act 1994 applies; and
(b)
a public authority for the purposes of the Public Sector Management and Employment Act 1998.".
Environment Protection (Resource Efficiency) Act 2002
| s. 20 | Act No. 37/2002 |
20. Functions and powers of regional waste management groups
(1) For section 50H(1) of the Environment Protection Act 1970 substitute—
"(1) The functions of a regional waste
management group are—
(a) to plan for the management of municipal waste in its region, working in partnership with the councils in its region; and (b) to co-ordinate the activities of its members in its region to give effect in its region to State policies, strategies and programs relating to waste; and (c) to facilitate and foster best practices in waste management. (1A) In carrying out its functions a regional waste management group is—
(a) to plan for municipal waste management in its region including— (i) preparing and keeping up to date a regional waste management plan;
(ii) implementing and promoting the
plan;(iii) setting performance targets for
municipal waste reduction
programs;(iv) developing, implementing, supporting and promoting
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 21 municipal waste reduction and
recycling programs;
(b) to co-ordinate the waste management activities of its members including— (i) introducing measures that lead to conformity of standards for waste reduction, waste management and litter prevention and control
between its members;
(ii) investigating and advising on
landfill disposal costs and charges
in the region;(iii) encouraging the training of staff management;
(c) to promote, commission and undertake research into waste management; (d) to advise its members on best practices in municipal waste management; (e) to promote improved waste management technologies; (f) to promote and co-ordinate relevant community education in its region; (g) to mediate disputes between its members.".
21. Change to who may govern a regional waste management group
In section 50I(c) of the Environment Protection councillors)" substitute "and any other people
Environment Protection (Resource Efficiency) Act 2002
| s. 22 | Act No. 37/2002 |
with appropriate skills and expertise appointed by
those member councils".
22. Membership of a regional waste management group
After section 50J(2) of the Environment
Protection Act 1970 insert—"(2A) A reference to a council in sub-section (2)
includes a reference to the council of a
municipal district that is outside Victoria.".
23. Insertion of section 50KA
After section 50K of the Environment
Protection Act 1970 insert—
"50KA. Staff
(1) A regional waste management group may
employ as many people as it requires to
enable it to carry out its functions.
(2) A regional waste management group is to
determine the pay and conditions of
employment of its employees, subject to the
approval of the Minister.".
24. Annual business plan
(1) In section 50LA(1) of the Environment Protection Act 1970—
(a)
for "give the Minister" substitute "submit to the Minister for approval";
(b) before "business plan" insert "draft".
(2) After section 50LA(1) of the Environment Protection Act 1970 insert—
"(1A) After amending its draft business plan in any way required by the Minister, the regional
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 25 waste management group must submit a final business plan to the Minister for approval on or before the date required by the Minister.".
(3) In section 50LA(2) of the Environment
Protection Act 1970, after "sub-section (1)"
(wherever occurring) insert "or (1A)".
25. Insertion of section 50LB
After section 50LA of the Environment
Protection Act 1970 insert—
"50LB. Minister may give directions to regional
waste management group
(1) The Minister may issue written directions to a regional waste management group.
(2) A regional waste management group must comply with a written direction issued to it by the Minister.
(3) Without limiting sub-section (1), the Minister may direct a regional waste management group—
(a)
to make specific changes to its constitution;
(b) to wind up.".
26. Substitution of sections 50O and 50P
For sections 50O and 50P of the Environment
Protection Act 1970 substitute—
"50O. Restriction on commercial activities
(1) Despite anything to the contrary in section
50H(2), a regional waste management group
must not undertake any waste management
activity that is being carried out on a
commercial basis by any other person in
Victoria.
Environment Protection (Resource Efficiency) Act 2002
| s. 27 | Act No. 37/2002 |
(2) For the purposes of sub-section (1) and
section 50P, the leasing or renting out of any land owned or controlled by a regional waste management group does not constitute the
undertaking of a waste management activity.
50P. Divestment of commercial properties
(1) A regional waste management group must
ensure that by 30 June 2004 it does not hold
any land or assets for the purposes of
carrying out any waste management activity
that is being carried out on a commercial
basis by any other person in Victoria.
(2) If a regional waste management group fails to comply with sub-section (1), the Minister may direct the Authority to withhold any
payment the Authority is required to make to
the group under this Act until the Minister
notifies the Authority that he or she is
satisfied that the group has complied with
sub-section (1).".27. Preparation and content of regional waste management plans
(1) In section 50R of the Environment Protection
Act 1970—
(a) in sub-section (2)—
(i) after "management of" insert
"municipal";(ii) after "for future" insert "municipal";
(b) in sub-sections (3)(a), (3)(b) and (3)(c), "municipal";
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 28
(c) in sub-section (3)(e), for "landfill" substitute "waste management facility"; (d) for sub-section (3)(f) substitute— "(f) an evaluation of the suitability of the
waste management facility sites listed
in that schedule;".
(2) After section 50R(4)(c) of the Environment Protection Act 1970 insert—
"; or
(d) solid industrial waste management plan.".
28. Additional people who must comply with regional waste management plans
After section 50RA(3) of the Environment
Protection Act 1970 insert—"(4) Any person involved in the generation,
management or transport of waste within the
waste management region of a regional
waste management group must not do
anything that is inconsistent with the
regional waste management plan of that
group in relation to that waste while the
waste is in that region.".
29. Insertion of section 50RAA
After section 50RA of the Environment
Protection Act 1970 insert—
"50RAA. Consultation must occur before plan
finalised
(1) This section applies if a regional waste management group—
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002
(a) waste management plan to the
is required to submit a draft regional 50RD; or
(b) management plan under section 50RC
proposes to amend a regional waste declaratory, machinery or administrative nature.
(2) Before submitting the draft plan or proposed
amendment to the Authority, the regional
waste management group—
(a) must consult with the councils, and any other relevant agencies, in its region in relation to the draft plan or proposed amendment; and
(b) must advertise in a newspaper region that it has prepared the draft plan or proposed amendment; and
(c) must include in the advertisement—
(i) an outline of the draft plan or proposed amendment; and
(ii) advice as to where a copy of the draft plan or proposed amendment can be obtained or examined; and
(iii) an interest in the draft plan or
proposed amendment to make
comments to the regional wastea statement inviting anyone with after the date of publication of the advertisement; and
(d)
must consider any comments that are made in response to the invitation.".
Environment Protection (Resource Efficiency) Act 2002
s. 30
s. 31
Act No. 37/2002
30. Changes concerning consequences of not complying with plans
(1) For sections 50RE(3) and 50RE(4) of the
Environment Protection Act 1970 substitute—
"(3) The Authority may refuse to consider any
application from a person for works
approval, the issue of a licence or the
amendment of a licence in relation to a waste
management facility if the person is in
breach of any relevant requirement of the
relevant regional waste management plan.
(4) The Authority must refuse to issue a works
approval for a new landfill within a waste
management region if the landfill is not
provided for in, or is inconsistent with, the
relevant regional waste management plan.".
(2) In section 50RE(5) of the Environment
Protection Act 1970, for "waste management facility" substitute "landfill".
(3) Section 50RE(7) of the Environment Protection Act 1970 is repealed.
31. Amendment to the Local Government Act 1989
In the Local Government Act 1989, in Schedule 1, for clause 1(8) substitute—
"(8) Management, collection and disposal of municipal waste;
(9) Resource recovery and recycling;".
Division 4—Landfill Levy
32. Landfill levy—amount payable
(1) For sections 50S(1), 50S(2) and 50S(2A) of the
Environment Protection Act 1970 substitute—
Environment Protection (Resource Efficiency) Act 2002
| s. 32 | Act No. 37/2002 |
"(1) The holder of a licence in respect of a schedule two premises must pay to the Authority a landfill levy for each tonne of
waste that is deposited on to land at the
premises.(2) The holder of a licence in respect of premises licensed to be used for the discharge or deposit to land of wastes that
are prescribed industrial waste must pay to the Authority a landfill levy for each tonne of waste that is deposited on to land at the premises.
(2A) The amount of the levy is the amount
specified in Schedule D for the relevant
premises, period and type of waste.".
(2) After Schedule C of the Environment Protection Act 1970 insert—
"SCHEDULE D
AMOUNT PAYABLE AS LANDFILL LEVY
Amount payable for each tonne deposited (in dollars)
Non-Schedule C Premises Licensed
Schedule C Premises Premises for the Discharge or
Deposit to Land of
Date when waste Municipal Industrial Municipal Industrial Prescribed is deposited waste waste waste waste Industrial Waste on or after 4 5 2 3 10 1 July 2002 and before 1 July 2003
on or after 5 7 3 5 14 1 July 2003 and before 1 July 2004
on or after 6 9 4 7 18 1 July 2004 and before 1 July 2005
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 33
on or after 7 11 5 9 22 1 July 2005 and before 1 July 2006
on or after 8 13 6 11 26 1 July 2006 and before 1 July 2007
on or after 9 15 7 13 30 1 July 2007
".
33. Changes concerning the landfill levy on industrial waste
(1) In section 50SAA(2) of the Environment
Protection Act 1970, for "50S(2A)" substitute
"section 50S(2)".(2) In section 50SAB(1) of the Environment
Protection Act 1970, for "section 50S" substitute
"section 50S(1)".
(3) In section 50SAB(2) of the Environment
Protection Act 1970, for the definition of "LR"
substitute—
"LR is the relevant amount specified in
Schedule D for the deposit of a tonne of municipal waste at that premises in the relevant period.".
34. Repeal of spent provisions
Sections 50XD and 50XE of the Environment
Protection Act 1970 are repealed.
35. Abolition of Resource Recovery Fund
(1) In the Environment Protection Act 1970— (a) Division 7 of Part IX is repealed;
(b) for section 70(3)(ab) substitute—
Environment Protection (Resource Efficiency) Act 2002
| s. 35 | Act No. 37/2002 |
"(ab) any money collected as a levy under section 50S(2); and
(aba) any other money collected as a levy under Division 3 of Part IX; and";
(c) in section 70(7)(a), for "section 50S(2A)" substitute "Division 3 of Part IX"; (d) in section 70(7)(b), after "sub-
section (3)(ab)" insert "or (3)(aba)".(2) For section 70(6) of the Environment Protection Act 1970 substitute—
"(6) Money paid into the Environment Protection
Fund under sub-section (3)(aa) or (3)(ab) is to be applied by the Authority for the purposes of environment protection.".
(3) After section 70(6A) of the Environment Protection Act 1970 insert—
"(6B) Money paid into the Environment Protection Fund under sub-section (3)(aba) may only be applied in one or more of the following
ways—
(a)
in accordance with regulations specifying who the money is to be paid to, and how the amounts to be paid are to be calculated;
(b)
with the consent of both the Minister and the Treasurer, for the purposes of fostering environmentally sustainable uses of resources and best practices in waste management to advance the
social and economic development of
Victoria.
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 36
(6C) Despite sub-section (6B), until the Minister
publishes a notice in the Government apply, all money paid into the Environment Protection Fund under sub-section (3)(aba) is to be applied as if—
(a)
sections 52A(3) and 52B were still in force; and
(b)
a reference in those sections to the Fund was a reference to the Environment Protection Fund.".
36. Insertion of sections 70A–70D
After section 70 of the Environment Protection
Act 1970 insert—"70A. Restrictions concerning the distribution of
money derived from the general landfill
levy
Despite section 70(6B)(b), the Minister and
the Treasurer must not apply any moneyunder that section unless—
(a)
there is in existence a statement produced and published in accordance with section 70B setting out, in order of priority, the matters in respect of which they intend to apply money under that section in the relevant period; and
(b)
there are in force guidelines as to how they will exercise their powers under that section and those guidelines have been publicly published; and
(c)
there exists an advisory panel appointed by them under section 70D to make recommendations to them in relation to
Environment Protection (Resource Efficiency) Act 2002
| s. 36 | Act No. 37/2002 |
| the application of money under that section. |
70B. Priority statement
(1) The statement required by section 70A(a) is produced and published in accordance with this section if the following steps are taken—
(a) a draft statement is produced; and
(b) statement is advertised in a newspaper
notice of the production of the draft Victoria; and
(c) the advertisement includes—
(i) an outline of the draft statement; and
(ii) advice as to where a copy of the draft statement can be obtained or examined; and
(iii) a statement inviting anyone with an interest in the matter to make comments to the Minister or the Treasurer within 21 days after the
date of publication of the
advertisement; and
(d) there is published on the Authority's Internet site a copy of the draft statement and a copy of the statement required by paragraph (c)(iii); and (e) any comments that are made in
response to the invitations made under
paragraphs (c)(iii) and (d) beforethe Minister and the Treasurer consider and
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 36
(f) notice of the signing of the statement is published in the Government Gazette. (2) It is not necessary to comply with this section in the case of a statement—
(a)
that only revokes an existing statement; or
(b)
that only amends an existing statement if the amendment is of a machinery or administrative nature.
70C. Restrictions concerning section 70A(b)
guidelines
(1) A guideline made for the purposes of section
70A(b) has no effect until notice of its
making is published in the Government
Gazette.
(2) On or before the 6th sitting day after notice of the making of a guideline is published in the Government Gazette, the Minister must ensure that a copy of the guideline is laid
before each House of the Parliament. (3) A failure to comply with sub-section (2) does
not affect the operation or effect of the guideline but the Scrutiny of Acts and Regulations Committee of the Parliament
may report the failure to each House of the
Parliament.(4) A guideline may be disallowed in whole or in part by either House of Parliament.
(5) Part 5 of the Subordinate Legislation Act 1994 applies to a guideline as if—
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002
(a)
a reference in that Part to a "statutory rule" was a reference to the guideline; and
(b)
a reference in section 23(1)(c) of that Part to "section 15(1)" was a reference to sub-section (2).
70D. Advisory panel in relation to section 70A(c)
(1) For the purposes of section 70A(c), the
Minister and the Treasurer may appoint up to
8 people to form the advisory panel at any
one time.
(2) In appointing advisory panel members, the Minister and the Treasurer must attempt to ensure that the members of the panel
collectively have skills, expertise or
knowledge relating to—
(a) environment protection and
conservation;(b) issues relating to industry;
(c) economics and business management;
(d) local government;
(e) rural and regional affairs.
(3) The Minister and the Treasurer are to
determine the terms of appointment
(including the remuneration (if any) and the
allowances (if any)) of the members of the
advisory panel.
(4) The advisory panel must give the Authority a copy of all the recommendations it makes to the Minister and the Treasurer.
(5) The Authority must include a copy of the
recommendations in its annual report for the financial year in which the recommendations were made together with a list of all the
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 36 grants that were made under section
70(6B)(b) in that financial year.(6) The Authority must also publish a copy of the recommendations and the list of grants on its Internet site within 3 days after the
annual report is tabled before a House of the
Parliament.".
37. Minor and consequential amendments
In the Environment Protection Act 1970—
(a)
in sections 50SA(1), 50SB(1) and 50XD(1), omit "prescribed";
(b) section 71(1)(bb) is repealed.
__________________
Environment Protection (Resource Efficiency) Act 2002
| s. 38 | Act No. 37/2002 |
PART 4—LITTER
38. Definitions
(1) In section 4(1) of the Environment Protection
Act 1970, insert the following definitions—
' "deposit", in relation to litter, means the act of
parting with the possession of the litter;
"litter" includes any solid or liquid domestic or commercial waste, refuse, debris or rubbish and, without limiting the generality of the
above, includes any waste glass, metal,
plastic, paper, fabric, wood, food, soil, sand,
concrete or rocks, abandoned vehicles,
abandoned vehicle parts and garden
remnants and clippings, but does not include
any gases, dust or smoke or any waste that is
produced or emitted during, or as a result of,
any of the normal operations of the mining,
building or manufacturing industry or of anyprimary industry;
"litter authority" includes—
(a) the Authority;
(b)
any other body created by or under an Act;
(c) any government department;
(d) any municipal council;
(e) any protection agency;
(f)
any body declared by Order of the Governor in Council under section 45C to be a litter authority;
"litter enforcement officer" means—
(a) an authorized officer;
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 39
(b)
in relation to any land or waters in a council's municipal district, an officer of the council appointed by the council as a litter enforcement officer;
(c) in relation to—
(i) land or waters under the control or management of a litter authority; or
(ii) any offence that may result in litter appearing on any such land or waters (regardless of where the offence occurs)—
an officer of the litter authority
appointed by it as a litter enforcementofficer;
(d) a member of the police force;
(e)
in relation to any bus, tram, watercraft, rail vehicle or aircraft that is being used for a public purpose, a person
appointed as a litter enforcement officer
by the litter authority that owns or
manages that vehicle;'.(2) In section 4(1) of the Environment Protection
Act 1970, in the definition of "registered owner", after paragraph (b) insert—
"(c) in relation to any other vehicle—the person
who owns the vehicle (whether the vehicle is
registered in any way or not);".
39. Additional reference section
After section 4(2) of the Environment Protection
Act 1970 insert—'(2A) A reference in this Act to "waters" includes a reference to the waters of the River Murray in respect of litter that has been deposited
Environment Protection (Resource Efficiency) Act 2002
| s. 40 | Act No. 37/2002 |
into, or on to, the waters of the River Murray from the Victorian bank of the River Murray.
(2B) This Act extends to, and applies to, the
deposit of litter into, or on to, the waters of the River Murray from any premises that is in Victoria and extends to, and applies in
relation to, any proceedings brought inrelation to the deposit.'.
40. Insertion of Part VIIA
After section 45 of the Environment Protection
Act 1970 insert—
'PART VIIA—LITTER AND MATERIAL THAT
MAY BECOME LITTER
Division 1—Preliminary Matters
45A. Object of Part
The object of this Part is—
(a)
to prohibit and regulate the deposit of litter in the environment; and
(b)
to regulate the distribution of materials that may become litter; and
(c)
to enable the removal of detrimental or disorderly objects and other things.
45B. Definitions
In this Part—
"land" means any land, whether publicly or
privately owned, and includes any
buildings or other structurespermanently affixed to the land;
"place" includes a receptacle, a vehicle and
any waters;
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 40 "vehicle" means—
(a) transporting a person, including an
any thing that is capable of horse, train or tram; or
(b) any trailer that is attached to any such thing.
45C. Governor in Council may declare body to be a litter authority
The Governor in Council may, by Order published in the Government Gazette, declare any body to be a litter authority for the purposes of this Part.
45D. Part does not apply to environment protection offences
(1) This Part does not apply to the deposit of any
litter that constitutes an offence under any
other Part of this Act.
(2) Any person who intends to rely on this
section as a defence to a charge must give
the person filing the charge written notice of
this intention within 21 days of receiving a
summons in respect of the charge.
(3) The notice must specify under which
provision of this Act the person believes the charge would have been more appropriately brought if the allegations set out in the
charge were proved.
Division 2—Littering Offences
45E. Deposit of litter generally
(1) A person must not deposit any litter unless—
(a)
the person deposits the litter in a place—
Environment Protection (Resource Efficiency) Act 2002
| s. 40 | Act No. 37/2002 |
(i) that is provided for the deposit of litter; and
(ii) that is appropriate for litter of that size, shape, nature or volume; or
(b) the person deposits the litter in or on a place in such a way that it cannot leave the place without human assistance and the person— (i) owns, controls or is in possession of the place; or
(ii) is acting with the express consent of the person who owns, controls or is in possession of the place; or
(c)
the person is authorised to deposit the litter by or under an Act or a Commonwealth Act; or
(d)
the deposit of the litter is an unavoidable consequence of a lawful activity; or
(e)
the deposit is accidental and the person does everything that is reasonably possible to retrieve the litter.
Penalty: 40 penalty units.
(2) For the purposes of sub-section (1)(d), a
consequence is unavoidable if there is noreasonably practicable way of avoiding it.
45F. Aggravated littering
A person convicted of an offence under section 45E is guilty of the offence of aggravated littering if the court which convicts the person is satisfied that the offence involved—
(a)
the intentional deposit of glass, metal, earthenware or crockery; or
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 40
(b)
the intentional deposit of litter that was a danger to any person or animal or to any land, waters or vehicle; or
(c)
the intentional deposit of litter on, from or towards any vehicle.
Penalty: In addition to, or instead of, any
penalty under section 45E,
60 penalty units or imprisonment
for 1 month or both.45G. Owners, drivers etc. of vehicles from which litter deposited liable for littering
(1) If litter is deposited from a vehicle contrary to section 45E, the following are deemed to be guilty of an offence against section 45E—
(a) the driver of the vehicle; and
(b) the registered owner of the vehicle; and
(c) any person authorised by the registered owner to use the vehicle at the time the offence was committed. (2) If a person deposits litter contrary to
section 45E and was seen arriving at or
leaving the place where he or she deposited
the litter in a vehicle, the registered owner of
the vehicle is deemed to be guilty of an
offence against section 45E.
(3) However, a court must not find a person
guilty under this section unless the court is
satisfied that no other person has been found
guilty of depositing the litter and that—
(a)
it is not practicable to discover who deposited the litter; or
(b)
it is not possible to file a charge against the person who deposited the litter; or
Environment Protection (Resource Efficiency) Act 2002
| s. 40 | Act No. 37/2002 |
(c) it is unlikely that the filing of a charge against the person who deposited the litter would result in a finding of guilt. (4) Also, a court must not find the registered
owner or authorised user of a vehicle guilty
under sub-section (1) unless it is satisfied
that it is not possible to file a charge against
the driver of the vehicle.
45H. Other exceptions to section 45G
(1) Section 45G(1) does not apply if—
(a) the vehicle is a train, tram, bus, ferry, passenger ship, passenger plane or other public transport vehicle; and (b) the litter was deposited by a passenger of that vehicle; and (c) the vehicle was being used for a public purpose at the time the offence was committed. (2) Section 45G(1) does not apply if the vehicle
is a taxi and the litter was deposited by a
passenger.
(3) Sections 45G(1)(b), 45G(1)(c) and 45G(2)
do not apply if the vehicle was a stolen
vehicle at the time of the offence.
(4) Sections 45G(1) and 45G(2) do not apply if the person who is deemed to be guilty gives a statutory declaration that complies with
section 45I within 14 days after receiving a
notice under section 45J to the person named
in the notice.
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 40
45I. Form of statutory declaration
(1) The statutory declaration must—
(a)
declare that the person saw another named person deposit the litter and declare—
(i) the address of that person; or
(ii) that the person does not know the address of that person and the reasons why the person does not know the address; or
(b) declare—
(i) that the person did not deposit the litter; and
(ii) that the person did not see who deposited the litter; and
(iii) the name and address (if known) of any person who was in or near the vehicle at the time the litter
was deposited.
(2) If a person who is deemed to be guilty is not
a natural person, the person may comply
with section 45H(4) by giving the litter
enforcement officer a statutory declaration
made by the person who was driving the
vehicle at the time of the offence.
(3) A statutory declaration that complies with
this section is admissible in any proceedings
as evidence of the matters stated in it.
45J. Notice to accompany charges using
section 45G
(1) A person who issues an infringement notice, or files a charge, against a person who is
Environment Protection (Resource Efficiency) Act 2002
| s. 40 | Act No. 37/2002 |
deemed guilty under section 45G(1) must ensure that the infringement notice, or the charge, is accompanied by a notice under this section.
(2) The notice must—
(a)
contain a copy of sections 45E, 45G, 45H and 45I; and
(b) name the person giving the notice; and
(c) contain that person's business address.
Division 3—Offences Concerning Material
That May Become Litter
45K. Meaning of unsolicited document
For the purposes of this Division, a
document is unsolicited if it is deposited at a
premises without being addressed by name
to a person who owns or occupies thepremises.
45L. Unsolicited documents must be put in
mailboxes etc.
(1) A person delivering an unsolicited document to a premises must not deposit the document in any place on the premises other than—
(a)
a receptacle, slot or other place that is used for the deposit of mail at the premises; or
(b)
a receptacle or slot that is used for the deposit of newspapers at the premises; or
(c) under the door of the premises; or
(d)
a place that is in a building and that is suitable for the deposit of the document.
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 40
Penalty: 10 penalty units.
(2) Sub-section (1) does not apply to—
(a) any newspaper, or any material folded or inserted into a newspaper; or (b) any document issued under, in accordance with, or for the purposes of, any Act or Commonwealth Act; or (c) any document that is given personally to a person at the premises; or (d) any document that is of such a size, shape or volume that it is not possible or appropriate for it to be deposited in accordance with sub-section (1). 45M. Advertising material not to be deposited in certain mailboxes etc.
(1) In this section "advertising material"
means any material advertising goods or services, regardless of whether or not the sale of the goods or services is for a
charitable purpose, but does not include—
(a)
any stamped mail delivered by, or on behalf of, Australia Post;
(b)
any material that has a political purpose;
(c) a newspaper or magazine;
(d)
any public notice issued by a litter authority or a body supplying electricity, gas, water, transport or a similar service;
(e)
any document issued under, or for the purposes of, any Act or Commonwealth Act;
Environment Protection (Resource Efficiency) Act 2002
| s. 40 | Act No. 37/2002 |
(f)
any other document issued by, or on behalf, of any government or government agency.
(2) A person must not deposit any advertising
material in any receptacle, slot or place listed in section 45L(1)(a) or (b), or under the door of a premises, if there is a legible sign or
marking on or near that receptacle, slot,place or door—
(a)
that states "No Advertising Material" or "No Junk Mail" or that contains any other words in English indicating that advertising material is not to be deposited in that receptacle, slot or place, or under that door; and
(b)
that is clearly visible to a person depositing an item in that receptacle, slot or place or under that door.
Penalty: 10 penalty units.
45N. Leaflets etc. not to be placed on vehicles
(1) A person must not deposit any document in
or on any vehicle without the express
consent of the owner or driver of the vehicle.
Penalty: 10 penalty units.
(2) This section does not apply to the deposit of
any document by a person exercising a power given to him or her by any law.
45O. Bill posting not to occur without consent
A person must not affix any document on to
any fixed structure without the express
consent of the owner, occupier or manager of
the structure.Penalty: 10 penalty units.
45P. Advertiser must disclose name of distributor
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 40 (1) This section applies to a person who
commissions the printing of a document that
is distributed as an unsolicited document.
(2) The person must give a litter enforcement officer the name and address of the person who was responsible for distributing the
document in a particular area.
(3) The person must comply with sub-section (2)
within 7 days after receiving a written
request for the information from the officer.
Penalty: 10 penalty units.
45Q. Distributor must disclose name of depositor
(1) A person who engages another person
(whether as an employee or as an agent) to deposit unsolicited documents at premises within an area must give a litter enforcement
officer the name and address of that other
person.(2) The person must do this within 7 days after
receiving a written request for the
information from the officer.
Penalty: 10 penalty units.
45R. Person who commissions document must ensure that it does not become litter
(1) This section applies to a person who
commissions the printing of a document that
the person distributes, or intends to have
distributed, as an unsolicited document.
(2) The person must ensure that the document is
distributed in a way that prevents it from
becoming litter.
Penalty: 20 penalty units.
(3) It is a defence to a charge under this section
for the person charged to show that he, she
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| s. 40 | Act No. 37/2002 |
or it took all reasonable steps to comply with
this section.
Division 4—Other Offences
45S. Offence to ask person to commit offence
A person must not ask, require or induce, or
attempt to ask, require or induce, another
person to do anything that is an offence
under this Part.Penalty: 20 penalty units.
45T. Offence to deface or set fire to public litter
receptacles
(1) A person must not deface a receptacle for
litter provided by a litter authority.
Penalty: 10 penalty units.
(2) A person must not set fire to a receptacle for
litter provided by a litter authority.
Penalty: 10 penalty units.
45U. Offences concerning the loading of vehicles
(1) A person must not require another person to move a vehicle carrying a load unless he or she supplies the other person with sufficient means to secure the load in such a way that litter cannot leave the vehicle without human
assistance.
Penalty: 10 penalty units.(2) A person who is in control of a moving
vehicle must ensure that it is loaded in such a
way that litter cannot leave the vehicle
without human assistance.
Penalty: 10 penalty units.
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 40 (3) It is a defence to a charge under sub-section
(2) if the person was required to move the vehicle by a person who was in breach of sub-section (1).
Division 5—Removal of Litter and Disorderly
Things
45V. Litterer must remove litter if asked
A person must remove any litter deposited
by that person if asked to do so by a litter
enforcement officer.Penalty: 10 penalty units.
45W. Court may order removal of litter
(1) If a court convicts a person of an offence under this Part, the court may—
(a) instead of, or in addition to, any other penalty, order the person to— (i) clear away and remove the litter deposited by the person; or
(ii) clear away and remove any other litter in or on any land or waters—
within a specified time and under the supervision of a person nominated by the court; or
(b) in addition to any other penalty, order the person to pay a sum of compensation for removal of the litter to the person who, or body which, has the control or management of the land or waters where the offence occurred. (2) The following provisions apply to an order under sub-section (1)(a)—
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| s. 40 | Act No. 37/2002 |
(a) the court may also order that if the person contravenes the order, that person must pay a fine of not more than 40 penalty units;
(b) if the person complies with the order, the person nominated by the court to supervise must send to the person a statement to that effect;
(c) if the person contravenes the order, the court may, on application by the person nominated to supervise, issue a summons requiring the person to show
cause why the fine referred to in
paragraph (a) should not be imposed;(d) on hearing the summons, the court may make any order under this Act which it considers appropriate in respect of the person who contravened the order. (3) The compensation specified in an order under sub-section (1)(b) to be paid to a person or body is to be treated as a debt due
to that person or body.
45X. Person may be directed to remove litter
(1) This section applies if, in the opinion of a
litter authority, any litter that is on or in any
land or waters under the control or
management of the litter authority is, or is
likely to become—
(a)
detrimental to the health, safety or welfare of members of the public; or
(b)
unduly offensive to the senses of human beings; or
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002
(c) a hazard to the environment.
(2) The litter authority may, by written notice,
direct any person who deposited the litter to
do one or more of the following—
(a) to remove or dispose of the litter;
(b) to restore any place affected by the litter to a state as close as practicable to the state it was in immediately before the litter was deposited; (c) to take any other action in relation to the litter that is specified in the notice— within the time specified in the notice. (3) A person who receives such a direction must
comply with it.
Penalty: 40 penalty units.(4) If the person who deposited the litter cannot be found, the litter authority may, by written notice, direct the occupier of any premises
on which the litter was deposited to remove
or dispose of the litter within the time
specified in the notice.(5) An occupier who receives such a direction
must comply with it, unless he, she or it has
reasonable cause not to do so.
Penalty: 40 penalty units.
(6) The Authority may exercise its powers as a litter authority under this section in respect of any litter in Victoria to which, in the
opinion of the Authority, sub-section (1)(a),
(1)(b) or (1)(c) applies.
Environment Protection (Resource Efficiency) Act 2002
s. 40
| s. 40 | Act No. 37/2002 |
45Y. Person may be directed to remove disorderly etc. objects or things
(1) This section applies if any object or thing is
deposited on or in any place under the
control or management of the litter authority
and—
(a) in the opinion of the litter authority—
(i) the object or thing is detrimental to the health, safety or welfare of members of the public while it
remains in that place; or
(ii) the object or thing is unduly offensive to the senses of human beings while it remains in that place; or
(iii) the object or thing is a hazard to the environment while it remains in that place; or
(b) the size, shape, nature or volume of the object or thing makes the place where it is deposited disorderly, or detrimentally affects the proper use of that place. (2) The litter authority may, by written notice,
direct any person who deposited the object or
thing to do one or more of the following—
(a)
to remove or dispose of the object or thing;
(b)
to restore any place affected by the object or thing to a state as close as practicable to the state it was in
immediately before the object or thing
was deposited;
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 40
(c) to take any other action in relation to the object or thing that is specified in the notice— within the time specified in the notice. (3) A person who receives such a direction must
comply with it.
Penalty: 40 penalty units.(4) If the person who deposited the object or thing cannot be found, the litter authority may, by written notice, direct the occupier of
any premises on which the object or thing was deposited to remove or dispose of the object or thing within the time specified in the notice.
(5) An occupier who receives such a direction
must comply with it, unless he, she or it has
reasonable cause not to do so.
Penalty: 40 penalty units.
(6) The Authority may exercise its powers as a litter authority under this section in respect of any object or thing in any place in
Victoria to which sub-section (1)(a) or (1)(b) applies.
(7) A reference in this section to an object or
thing does not include a reference to a
fixture.
45Z. Authority may remove litter or object or thing if direction not complied with
(1) If a person fails to comply with a direction given under section 45X(2) or 45X(4), the litter authority may remove or dispose of the
litter.
(2) If a person fails to comply with a direction
given under section 45Y(2) or 45Y(4), the
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| s. 40 | Act No. 37/2002 |
litter authority may remove or dispose of the
object or thing.(3) The litter authority may recover any
reasonable costs incurred by it in taking
action under this section as a debt due to it
by the person who failed to comply with the
direction.
(4) Sub-section (3) does not apply to a direction given under section 45X(4) or 45Y(4) if the occupier of the premises had reasonable
cause not to comply with the direction.
45ZA. Occupier may recover cost of removing
litter from litterer
(1) An occupier of premises may recover the
reasonable costs of complying with a
direction under section 45X(4) or 45Y(4)
from any person who deposited the litter or
object or thing as a debt due to the occupier.
(2) The cost of complying with a direction
includes any reasonable costs incurred in
taking action under sub-section (1).
Division 6—Prevention of Litter
45ZB. Litter abatement notice
(1) If—
(a) a person carries out any activity that has caused, or is likely to cause, the deposit of litter contrary to section 45E; or
(b)
a person is the occupier of premises from which litter has, or is likely to, escape—
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 40 a litter enforcement officer may serve a litter
abatement notice on the person.(2) A litter abatement notice may require the person to do one or more of the following—
(a) to not deposit litter contrary to section 45E; (b) to ensure that no litter escapes from any premises occupied by the person; (c) to do, or not do, specified things to ensure that the person does not breach this Part. (3) A person who has been served with a litter
abatement notice must comply with the
notice.
Penalty: 20 penalty units.
(4) A litter abatement notice may specify a
period of time within which any requirement
it imposes must be complied with.
45ZC. Period for which notice remains in force
(1) A litter abatement notice remains in force for the period specified in the notice.
(2) A period of up to 3 years may be specified in
the notice.
45ZD. Form of notice
A litter abatement notice must—
(a)
contain a copy of sections 36AA, 45ZB, 45ZC and 45ZE; and
(b)
specify the period for which it remains in force; and
(c)
be signed by the person giving the notice.
45ZE. Amendment or revocation of notice
Environment Protection (Resource Efficiency) Act 2002
| s. 40 | Act No. 37/2002 |
A litter enforcement officer may amend or revoke a litter abatement notice at any time by serving a written notice of amendment on
the person to whom the litter abatement
notice applies.
Division 7—Particular Litter Enforcement
Powers
45ZF. Powers of entry of litter enforcement
officers
If—
(a)
a litter enforcement officer reasonably suspects that an offence against section 45E, 45F, 45X(3), 45X(5), 45Y(3),
45Y(5) or 45ZB(3) is being, or is likely
to be, committed on a premises; and(b)
the officer reasonably believes that the part of the premises where the offence is occurring, or is likely to occur, is not used for residential purposes—
the officer may enter that part of the
premises at any reasonable time for thepurpose of enforcing this Part.
45ZG. Requirement to give name and address
(1) This section applies if a litter enforcement
officer believes on reasonable grounds that a
person has committed an offence under this
Part.
(2) The officer may ask the person to state his or
her name and ordinary place of residence or
business.
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 40 (3) In making the request, the officer must
inform the person of the grounds for his or her belief that the person has committed an offence.
(4) A person who, in response to the request—
(a) refuses or fails to comply with the request without a reasonable excuse for not doing so; or (b) states a name that is false in a material detail; or (c) states an address other than the full and correct address of his or her ordinary place of residence or business— is guilty of an offence and is liable to a penalty not exceeding 20 penalty units.
(5) If a person states a name and address in
response to a request made under sub-section
(2) and the officer suspects on reasonable
grounds that the stated name or address may
be false, the officer may request the person
to produce evidence of the correctness of the
name and address.
(6) The person must comply with the request,
unless he or she has a reasonable excuse for
not doing so.
Penalty: 20 penalty units. (7) It is not an offence for a person to fail to comply with a request made under sub- section (2) or (5) if the officer did not inform
the person, at the time the request was made, that it is an offence to fail to comply with the request.
45ZH. Officers must identify themselves
Environment Protection (Resource Efficiency) Act 2002
| s. 40 | Act No. 37/2002 |
While exercising a power under this Part, a litter enforcement officer must produce on demand proof of his or her identity and
official status.
45ZI. Litter enforcement officer may require certain people to give information
(1) This section only applies to a person who a
litter enforcement officer believes on
reasonable grounds—
(a) had possession of particular litter at some time in the past; or (b) production of, for producing or for
was responsible for commissioning the particular litter.
(2) The officer may require the person to give
the officer within 14 days, or any longer time
that the officer specifies, information
concerning the litter.
(3) A reference to litter in this section includes a
reference to any substance that constitutes
the litter, regardless of whether that
substance was litter at the time it was in the
person's possession.
(4) A requirement must be set out in a written
notice.
(5) The notice must—
(a)
set out the information the officer seeks from the person;
(b)
specify the date by when the information is required;
(c)
contain a copy of this section and section 45ZJ;
(d) be signed by the officer;
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 40 (e) contain the officer's business address. (6) The information an officer may require from
a person may include—
(a) how, when and where the litter came into or left the person's possession; (b) the name and address of anyone who had possession of the litter after the litter left the person's possession; (c) the name and address of anyone else involved in the commissioning of the material that became the litter. (7) If required to do so by a notice, a person
must give the officer within the time
specified in the notice all the information
sought in the notice that is within the
person's knowledge or in the person's
possession.
Penalty: 10 penalty units.
(8) However, any information given by a person
in response to a notice under this section is
not admissible in any prosecution against the
person if, before giving the information, the
person objected to giving the information on
the ground that it might tend to incriminate
him or her. This doesn't apply if the
information was false or misleading.
45ZJ. Officer may require information to be in
writing
(1) If asked to do so by the litter enforcement
officer, a person required to give the officer
information under section 45ZI must give the
information to the officer in writing.
(2) If information sought by a notice under
section 45ZI is not within a person's
knowledge or in the person's possession, the
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| s. 40 | Act No. 37/2002 |
person must state this fact in writing if asked
to do so by the officer.(3) A failure by a person to comply with sub-
section (1) or (2) is a failure to comply with
section 45ZI(7).
(4) A person must not include any false or
misleading information in a written statement made under this section. Penalty: 20 penalty units.
(5) Subject to section 45ZI(8), a statement made
under this section is admissible in evidence
in any proceedings.
45ZK. Reports of offences
(1) A person who sees another person
committing an offence under this Part may
inform the Authority or the relevant Council
of the offence by sending it a signed writtenreport containing—
(a)
the date, approximate time and place of the offence; and
(b) the nature of the litter; and
(c) any evidence of the identity of the person who committed the offence. (2) On receiving a report under sub-section (2),
the Authority or Council may take
proceedings through its relevant officers
against the person seen committing the
offence.
45ZL. Savings provisions
(1) In this section, "relevant date" means the
date of commencement of Part 4 of the
Environment Protection (Resource
Efficiency) Act 2002.
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 41 (2) Any order, notice or requirement made under
the Litter Act 1987 that was in force immediately before the relevant date continues in force as if it had been made
under the equivalent provision of this Part. (3) Any litter abatement notice that was in force
immediately before the relevant date in
relation to any object or thing that was litter
under the Litter Act 1987 continues in force
as if that object or thing was still litter after
the relevant date.(4) Any Order in respect of a body made under section 4 of the Litter Act 1987 that was in force immediately before the relevant date
continues in force as if it was an Order made under section 45C declaring the body to be a litter authority.
(5) A person who was an authorised officer under the Litter Act 1987 immediately before the relevant date is deemed to be a
litter enforcement officer on the same terms that applied to his or her appointment as an authorised officer under that Act.
(6) Any reference to the Litter Act 1987 in any
Act, subordinate instrument, agreement or other document as far as it relates to any period on or after the relevant date is to be treated as a reference to this Part unless the contrary intention appears.
(7) Nothing in this section is intended to limit
the operation of the Interpretation of
Legislation Act 1984.'.
41. Reviews by Tribunal
(1) In section 32(1) of the Environment Protection
Act 1970—
Environment Protection (Resource Efficiency) Act 2002
| s. 42 | Act No. 37/2002 |
(a) for "or a delegated agency" substitute ", delegated agency or a litter authority";
(b) after paragraph (e) insert— "(ea) a direction under section 45Y(2) or (4);
(eb) litter abatement notices under
section 45ZBA;".
(2) For section 37(f) of the Environment Protection Act 1970 substitute—
"(f) in the case of an application under
section 36AA—
(i) to be oppressive, unjust or
unreasonable, revoke or amend theif the Tribunal considers the provision appropriate; or
(ii) in any other case, confirm the provision;".
42. Insertion of section 36AA
After section 36 of the Environment Protection
Act 1970 insert—"36AA. Reviews in respect of section 45Y directions and litter abatement notices
(1) A person who is served with—
(a)
a direction under section 45Y(2) or (4); or
(b)
a litter abatement notice under section 45ZA—
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 43 may apply to the Tribunal for a review of
any provision of the direction or notice that
the person believes is oppressive, unjust or
unreasonable.(2) The person must lodge the application within
28 days after receiving notice of the
provision.
(3) If a person lodges an application, the person need not comply with the direction or notice until the application is withdrawn or
dismissed, or the direction or notice is confirmed or varied by the Tribunal.".
43. Insertion of sections 57B—57D
After section 57A of the Environment
Protection Act 1970 insert—
'57B. Certificate concerning ownership of vehicle
In proceedings against the registered owner body in another State or in a Territory of the Commonwealth, stating that a person was the owner of a vehicle on a specified date is evidence that that person was the registered owner of the vehicle on that date.
of a vehicle, a certificate from the Roads
Corporation or the Director of Marine
57C. Certificate concerning litter offences
(1) In proceedings under Part VIIA, a certificate given by a litter authority stating—
(a)
that a specified person is, or was on a specified date, a litter enforcement officer appointed by the authority; or
(b)
that any land is, or was on a specified date, or that any waters are, or were on
Environment Protection (Resource Efficiency) Act 2002
| s. 43 | Act No. 37/2002 |
| a specified date, under the control or management of the authority— |
is evidence of that fact.
(2) All courts and persons acting judicially—
(a)
must take judicial notice of the signature or seal of any litter authority affixed to the certificate; and
(b)
must, until the contrary is proved, presume that the signature or seal was properly affixed.
57D. Certificate concerning presence of junk
mail sign
(1) A statutory declaration signed by a person that states—
(a)
that the person is the owner or occupier of a specified premises; and
(b) that on a specified date or dates—
(i) there was a specified receptacle, slot or place at the premises that was used for the deposit of mail or
newspapers (as the case may be);
and(ii) there was a sign or marking on or near that receptacle, slot or place that stated "No Advertising
Material" or "No Junk Mail" or other specified words indicating that advertising material was not to be deposited in that receptacle, slot or place; and
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 43 (iii) clearly visible to a person
that that sign or marking was receptacle, slot or place; and
(c)
that on that date, or on one of those dates, (as the case may be) the person found specified material in that receptacle, slot or place—
is evidence of those matters.
(2) A statutory declaration signed by a person that states—
(a)
that the person is the owner or occupier of a specified premises; and
(b) that on a specified date or dates—
(i) near a door of that premises that
stated "No Advertising Material"
or "No Junk Mail" or other
specified words indicating thatthere was a sign or marking on or deposited in that receptacle, slot or place; and
(ii) clearly visible to a person
that that sign or marking was door; and
(c) that on that date, or on one of those dates, (as the case may be) specified material was deposited under that door—
is evidence of those matters.
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| s. 44 | Act No. 37/2002 |
(3) However, a statutory declaration is not
admissible as evidence under this section in
any proceeding unless—
(a) a copy of the statutory declaration was served on the defendant at least 21 days before the proceeding together with a statement— (i) that the certificate is to be used as evidence at the proceeding; and
(ii) that the defendant has the right to require the prosecution to call as a witness the person who made the
statutory declaration, and that the defendant must exercise that right if the defendant wishes to dispute any statement contained in the
statutory declaration; and
(iii) that specifies how the defendant is to exercise the right if he, she or it wishes to do so; and
(b)
the defendant does not give the prosecution a written notice requiring the person who made the statutory declaration to be called as witness at least 7 days before the proceeding starts.'.
44. Widening of notice requirement
In section 58(1) of the Environment Protection
Act 1970, for "Authority" substitute"prosecutor".
45. Who may take proceedings
(1) After section 59(4) of the Environment Protection Act 1970 insert—
"(5) Proceedings for an offence or infringement against Part VIIA may be taken by—
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 s. 46 (a) a litter enforcement officer;
(b) by the person who, or body which, has the control or management of the land or waters where the offence or infringement occurred.".
(2) In section 59AC of the Environment Protection
Act 1970—
(a)
for "appointed to take the proceedings under section 59(1)" substitute "authorised to take the proceedings under section 59";
(b) after paragraph (c) insert—
"; or
(d)
by a person authorised by the Authority to appear on behalf of informants in proceedings under this Act; or".
46. Who may issue infringement notices
In section 63B of the Environment Protection officer", after paragraph (b) insert—
"; and
(c)
in relation to an infringement under Part VIIA, a litter enforcement officer.".
47. Litter penalties to be paid to prosecutors
In section 69(3) of the Environment Protection
Act 1970—
(a)
in paragraph (b), after "or Part" insert "VIIA or";
(b) after paragraph (b) insert—
"; and
(c)
penalties for offences or infringements under Part VIIA in cases where the prosecution was undertaken, or the
Environment Protection (Resource Efficiency) Act 2002
| s. 49 | Act No. 37/2002 |
| infringement notice was issued, by a person authorised for that purpose by a litter authority must be paid into the litter authority's fund, or if the litter authority does not have a fund, but administers or uses money paid to or collected by it, to the litter authority as part of that money, once the penalties have been recovered.". |
48. Use of penalty money
After section 70(5) of the Environment
Protection Act 1970 insert—"(5A) Money paid into the Environment Protection Fund under section 69(3)(c) is to be applied by the Authority for the purposes of
environment protection.".
49. Infringement offences
At the end of Schedule A to the Environment
Protection Act 1970 insert—
"Any offence under section 45E
involving litter that is burning when it
is deposited (including a cigarette butt) 2 penalty units Any offence under section 45E involving an extinguished cigarette butt, a ring pull or any other small item
1 penalty unit
Any other offence under section 45E 2 penalty units Any offence under section 45L, 45M, 45N, 45O, 45P, 45Q, 45T, 45U, 45V, 45ZG or 45ZI(7)
2 penalty units
An offence under section 45S 10 penalty units An offence under section 45X(2) or 45Y(2) 12 penalty units An offence under section 45ZB(3) 8 penalty units".
Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002
50. Repeal of the Litter Act 1987
The Litter Act 1987 is repealed.
51. Consequential amendments to other Acts
(1) In section 3(1) of the Road Safety Act 1986, in
the definition of "traffic infringement", for
paragraph (b) substitute—
"(b) an offence against section 45E or 45F of the Environment Protection Act 1970 relating to the deposit of litter on, from or towards
any vehicle; or".
(2) In section 251A(7) of the Transport Act 1983, in
the definition of "lost property", for "Litter
Act 1987" substitute "Environment Protection
Act 1970".
__________________
Environment Protection (Resource Efficiency) Act 2002
| s. 52 | Act No. 37/2002 |
PART 5—MISCELLANEOUS AMENDMENTS
52. Repeal of minimum penalty
Section 67AB of the Environment Protection
Act 1970 is repealed.
53. Witnessing of statements—Magistrates' Court Act
In the Magistrates' Court Act 1989, in
Schedule 5, after clause 8(1)(b)(vi) insert—"(via) an authorised officer under the Environment Protection Act 1970; or".
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Environment Protection (Resource Efficiency) Act 2002
Act No. 37/2002 Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 9 May 2002
Legislative Council: 11 June 2002
The long title for the Bill for this Act was "to amend the Environment
Protection Act 1970, the Local Government Act 1989 and the
Magistrates' Court Act 1989, to repeal the Litter Act 1987 and for other
purposes."
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