Untitled document
Environment Protection (Amendment) Act 1996
Act No. 65/1996
TABLE OF PROVISIONS
Section Page
1. Purpose 1 2. Commencement 2 3. Substitution of sections 8–10 2
8. Environment Protection Board 2 9. Members of the Board 3 10. Conditions of office of members 3 11. Procedure and meetings of the Board 5
4. Change to method of payment of co-opted experts 5 5. Authority may authorise emergency storage, use etc. of waste 6 6. Substitution of Divisions 1 and 2 of Part IX 7 Division 1—Object 7
49. Object of this Part 7
Division 2—EcoRecycle Victoria 7
49A. EcoRecycle Victoria 7 49B. Function 8 49C. Powers 10 49D. Members 10 49E. Conditions of appointment of members 11 49F. Meetings of the members 12 49G. Pecuniary interests of members 12 49H. Staff 14 49I. Minister may give directions to EcoRecycle Victoria 14 49J. Annual business plan 14 49K. Compulsory distribution of copies of strategies 15
7. Insertion of section 50GA 15 50GA. Formation of regional waste management groups on the
Minister's initiative 15
8. Changes to the functions of regional waste management groups 16 9. Additional matter to be provided for in constitutions 18 10. Changes concerning group budgets 18 11. Substitution of section 50QC 18 50QC. Groups must provide certain reports to the Minister etc. 18 12. Changes concerning regional waste management plans 19
i
Section Page
13. Substitution of section 50S 20
50S. Landfill levy—amount payable 20 50SA. Rebate for recycled waste 20 50SB. Payment of the levy 21 50SC. Refunds by the Authority 22
14. Consequential amendments 22 15. Substitution of sections 50U and 50V 23
50U. Calculation of estimates of weight 23 50V. Requirement to keep appropriate records 24
16. Insertion of section 50WA 25 50WA. Information about waste categories must be given 25 17. Substitution of section 50X 25
50X. Authority may increase low estimates 25
50XA. AAT may review revised estimates 27 50XB. Rights and powers of the Authority if levy not paid 27 50XC. Agreement to offset refund owing 28
18. Changes concerning industry waste reduction agreements 28 19. Substitution of Division 5 of Part IX 29 Division 5—Amendment of Schedule C 29
51R. Governor in Council may amend Schedule C 29
20. Change concerning the Resource Recovery Fund 29 21. Substitution of sections 52B and 52C 29
52B. How landfill levy to be distributed 30
22. Additional regulation-making power 31 23. Substitution of Schedules C and D 31 SCHEDULE C 32 24. Minor and consequential amendments 32 25. Abolition of the Environment Council 33 26. Abolition of the Recycling and Resource Recovery Council 33 27. Abolition of the Waste Management Council 33 28. Updating of the constitutions of existing regional waste management groups 34 29. Initial quarterly payment of the landfill levy 34 30. Statute law revision 35
═══════════════
NOTES 37
ii
Victoria
No. 65 of 1996
Environment Protection (Amendment)
†
Act 1996
[Assented to 17 December 1996]
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Environment Protection Act 1970—
(a) to replace the Environment Council with the Environment Protection Board; and (b) Recovery Council and the Waste
to replace the Recycling and Resource Victoria; and
Environment Protection (Amendment) Act 1996
s. 2
Act No. 65/1996
(c)
to make changes concerning the landfill levy, regional waste management groups and the distribution of payments from the Resource Recovery Fund; and
(d)
to generally improve the operation of the Act.
2. Commencement
(1) This section and sections 1, 4, 5, 7, 8 to 12, 18, 22,
28 and 30 come into operation on the day on
which this Act receives the Royal Assent.
(2) Sections 3 and 24(1) come into operation on a day to be proclaimed.
(3) Sections 6, 20, 21, 24(2) and 25 to 27 come into operation on a day to be proclaimed.
(4) Sections 13 to 17, 19, 23 and 29 come into
operation on 1 July 1997.
(5) If a provision referred to in sub-section (2) or (3)
does not come into operation before 1 March
1997, it comes into operation on that day.
3. Substitution of sections 8–10
For sections 8, 9 and 10 of the Environment
Protection Act 1970 substitute—
"8. Environment Protection Board
(1) There is established an Environment
Protection Board.
(2) The functions of the Board are—
(a)
to advise the Minister and the Chairman on—
(i) the administration, policies and
strategic directions of the
Authority; and(ii) the Authority's corporate plan; and
Environment Protection (Amendment) Act 1996
s. 3
Act No. 65/1996
(iii) national and international trends
of significance in environment
protection; and
(b)
to advise on the appointment of the Chairman when that position is vacant; and
(c)
to inquire into, and to report on, any matter or thing relating to the administration or business practices of the Authority that is referred to it by the Minister or the Chairman; and
(d)
generally to carry out any other function or duty given to it, or imposed on it, by this Act or any other Act.
(3) The Board may do all things that are
necessary or convenient to enable it to
perform its functions.
9. Members of the Board
(1) The Board consists of 3 people appointed by
the Governor in Council on the
recommendation of the Minister who, in the
opinion of the Minister, have skills,
experience or knowledge that will assist the
Board to carry out its functions.
(2) The Governor in Council, on the
recommendation of the Minister, must
appoint one of the people appointed under
sub-section (1) to be the President of the
Board.(3) An act or decision of the Board is not invalid
by reason only of vacancies in the
membership of the Board or of defects in the
appointment of the members of the Board.
10. Conditions of office of members
Environment Protection (Amendment) Act 1996
Act No. 65/1996
(1) A member of the Board (other than the Chairman)—
(a)
holds office for the period specified in her or his instrument of appointment, which must be a period of not more than 3 years;
(b)
holds office on a part-time basis on the terms and conditions determined by the Governor in Council;
(c) may be re-appointed;
(d) may resign from office by delivering a signed letter of resignation to the Governor; (e) may be removed from office at any time by the Governor in Council. (2) The Public Sector Management Act 1992
(including Part 9) does not apply to a
member in respect of the office of member.
(3) The Governor in Council must remove a
member from office if the member—
(a) becomes an insolvent under
administration within the meaning of
the Corporations Law; or(b)
is convicted of an indictable offence or is imprisoned for any offence.
Environment Protection (Amendment) Act 1996
s. 4
Act No. 65/1996
11. Procedure and meetings of the Board
(1) The Board must meet at least 4 times each
year.
(2) The President is to chair meetings of the
Board, if present.
(3) If the President is not present at a meeting,
the meeting is to be chaired by a member
chosen by the members present at the
meeting.
(4) A matter cannot be decided at a meeting of
the Board unless more than half of its current
members are present.
(5) The decision on a question of the majority of
the members present and voting on the
question is the decision of the Board.
(6) The Board may conduct all or any part of a meeting by using telephones, video links or any other system of telecommunication.
(7) In all other respects the Board may regulate its own procedure.".
4. Change to method of payment of co-opted experts
In section 13(1)(h) of the Environment allowances" substitute—
"—
(i) determined by the Authority in accordance with the relevant guidelines published from time to time by the Office of the Public
Service Commissioner; or
(ii) fixed for the purpose by Order of the Governor in Council".
Environment Protection (Amendment) Act 1996
s. 5
Act No. 65/1996
5. Authority may authorise emergency storage, use etc. of waste
(1) For section 30A(1) of the Environment Protection Act 1970 substitute—
"(1) Despite anything to the contrary in or under this Act, the Authority may approve—
(a) the discharge, emission or deposit of waste from any premises into the environment; or (b) the storage, treatment, handling or disposal of waste on or from any premises.
(1A) The Authority may only grant its approval under this section for the purposes of—
(a) meeting a temporary emergency; or
(b) providing for the temporary relief of a public nuisance or community hardship; or (c) enabling the commissioning, repair, item of industrial plant or fuel burning equipment.
(1B) An approval has no effect unless the
conditions to which it is subject are complied
with.".
(2) For section 30A(3) of the Environment Protection Act 1970 substitute—
"(3) The Authority must grant its approval if it is satisfied that the activity for which approval is sought will not cause a long term
interference with any beneficial use if the
approval is granted.".
Environment Protection (Amendment) Act 1996
s. 6
Act No. 65/1996
(3) In section 30A(5) of the Environment Protection
Act 1970, for "discharge, emission or deposit" substitute "approved activity".
6. Substitution of Divisions 1 and 2 of Part IX
For Divisions 1 and 2 of Part IX of the
Environment Protection Act 1970 substitute—
"Division 1—Object
49. Object of this Part
The object of this Part is to foster environmentally sustainable uses of resources and best practices in waste management in order to advance the social and economic development of Victoria.
Division 2—EcoRecycle Victoria
49A. EcoRecycle Victoria
(1) There is established a body corporate called EcoRecycle Victoria.
(2) EcoRecycle Victoria—
(a) has perpetual succession;
(b)
is capable of acquiring, holding and disposing of property;
(c)
may sue and be sued in its corporate name;
(d) has a common seal;
(e) subject to this Act, may do and suffer all acts and things that a body corporate may by law do and suffer. (3) The common seal of EcoRecycle Victoria
can only be used in a way approved by
EcoRecycle Victoria.
Environment Protection (Amendment) Act 1996
s. 6
Act No. 65/1996
(4) All courts and people acting judicially must
take judicial notice of the seal of EcoRecycle
Victoria.
(5) EcoRecycle Victoria does not represent the
Crown.
49B. Function
(1) The function of EcoRecycle Victoria is to protect the environment by facilitating the achievement of—
(a) waste reduction objectives identified in policies; and
(b) best practices in waste management. (2) EcoRecycle Victoria is to perform its
function by—
(a) contributing to the development of management;
(b) collaboration on waste avoidance,
providing a Statewide forum for and related matters;
(c) avoidance, waste reduction and the
recovery, re-use and recycling ofpromoting throughout Victoria waste management;
(d) developing and publishing
implementation strategies for the
achievement of government policy
objectives for waste management;
Environment Protection (Amendment) Act 1996
s. 6
Act No. 65/1996
(e) developing and implementing
community education and awareness
strategies in relation to waste reduction;(f) developing and implementing strategies
to foster sustainable markets for
recovered resources and recycled
materials;(g) waste and litter reduction targets and
performance measures for industry, the
community and governments to enablecontributing to the development of policy objectives;
(h) monitoring and reporting on the achievement of waste and litter reduction targets; (i) commissioning, supporting and
collaborating on research into waste
reduction and waste management;(j) contributing to the development of infrastructure and technologies;
(k) developing guidelines, emergency
procedures and codes of practice to
facilitate compliance with relevant
legislation and State environment
protection policies and conformity of
standards in waste management
services in consultation with the
Authority, industry and regional waste
management groups;(l) publishing guidelines and codes of containers, packaging and materials
Environment Protection (Amendment) Act 1996
s. 6
Act No. 65/1996
after consultation with the relevant
regional waste management andindustry groups;
(m) developing and supporting programs and technologies for the prevention, control and collection of litter; (n) the training and education of staff
developing and supporting programs for management;
(o)
advising the Minister on any matter referred to it by the Minister.
49C. Powers
EcoRecycle Victoria may do all things that are necessary or convenient to enable it to do anything referred to in section 49B.
49D. Members
(1) EcoRecycle Victoria consists of up to 10
people appointed by the Minister who, in the
opinion of the Minister, have skills,
experience or knowledge that will assist
EcoRecycle Victoria to carry out its function.(2) The Minister must appoint one of the
members of EcoRecycle Victoria to be its
Chairperson and one of its members to be its
Deputy Chairperson.
(3) An act or decision of EcoRecycle Victoria is not invalid by reason only of vacancies in the membership of EcoRecycle Victoria or of
defects in the appointment of members of
EcoRecycle Victoria.
Environment Protection (Amendment) Act 1996
s. 6
Act No. 65/1996
49E. Conditions of appointment of members
(1) A member of EcoRecycle Victoria—
(a)
holds office for the period specified in her or his instrument of appointment, which must be a period of not more than 3 years;
(b)
holds office on the terms and conditions determined by the Minister;
(c) may be re-appointed;
(d) may resign from office by delivering a signed letter of resignation to the Minister; (e) may be removed from office at any time by the Minister. (2) The Public Sector Management Act 1992
(including Part 9) does not apply to a
member in respect of the office of member.
(3) The Minister must remove a member from office if the member—
(a) becomes an insolvent under
administration within the meaning of
the Corporations Law; or(b) is convicted of an indictable offence or is imprisoned for any offence. (4) In fixing the fees and allowances that are to
be paid to members, the Minister must
comply with any relevant guidelines that are
published from time to time by the Office of
the Public Service Commissioner.
(5) All fees and allowances paid to members must be paid from EcoRecycle Victoria's funds.
Environment Protection (Amendment) Act 1996
s. 6
Act No. 65/1996
49F. Meetings of the members
(1) The members of EcoRecycle Victoria must meet at least 6 times each year.
(2) A matter cannot be decided at a meeting
unless at least a majority of the current
members of EcoRecycle Victoria are present.
(3) The decision on a question of the majority of
the members present and voting on the question is the decision of EcoRecycle Victoria.
(4) Meetings of EcoRecycle Victoria are to be chaired by the Chairperson, if present.
(5) If the Chairperson is not present at a meeting,
the meeting is to be chaired by the Deputy
Chairperson.
(6) If neither the Chairperson nor the Deputy Chairperson are present at a meeting, the meeting is to be chaired by a member chosen
by the members present at the meeting.
(7) The person chairing a meeting has both a deliberative vote and a casting vote.
(8) EcoRecycle Victoria may conduct all or any part of a meeting by using telephones, video links or any other system of
telecommunication.
(9) In all other respects EcoRecycle Victoria may regulate its own procedure.
49G. Pecuniary interests of members
(1) A member who has a direct or an indirect
pecuniary interest in a matter being
considered, or about to be considered, by
EcoRecycle Victoria must declare that
interest to a meeting of EcoRecycle Victoria
Environment Protection (Amendment) Act 1996
s. 6
Act No. 65/1996
as soon as practicable after she or he becomes aware of the relevant facts.
(2) A member of EcoRecycle Victoria must
not—
(a)
chair any meeting that is considering a matter in which she or he has a direct or an indirect pecuniary interest; or
(b) vote on such a matter.
(3) The person presiding at a meeting at which a
declaration under sub-section (1) is made
must ensure that a record of the declaration is
made in the minutes of the meeting and that
the minutes also record full details of who
voted on any matter in respect of which the
declaration was made.
(4) If a member votes on any matter in which
she or he has a direct or an indirect pecuniary
interest, the vote must be disallowed.
(5) A member is not to be regarded as having a pecuniary interest—
(a)
in a matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions; or
(b)
in a contract or arrangement only because that contract or arrangement may benefit a company or other body in which the member has a beneficial interest that does not exceed 1% of the total nominal value of beneficial interests in that company or body.
Environment Protection (Amendment) Act 1996
s. 6
Act No. 65/1996
49H. Staff
(1) EcoRecycle Victoria may appoint employees to assist it to perform its functions.
(2) EcoRecycle Victoria is to determine the pay
and conditions of employment of its
employees, subject to the approval of the
Minister.
49I. Minister may give directions to EcoRecycle
Victoria
(1) The Minister may issue written directions to EcoRecycle Victoria.
(2) EcoRecycle Victoria must comply with a written direction of the Minister.
49J. Annual business plan
(1) Each year EcoRecycle Victoria must submit to the Minister for approval, on or before the date required by the Minister, a business plan that sets out—
(a)
its objectives and priorities for the next 3 financial years; and
(b)
financial projections for that period; and
(c)
its budget for the next financial year; and
(d)
what it intends to do over the next financial year; and
(e)
any other matters that the Minister requires in writing.
(2) EcoRecycle Victoria must not depart
significantly from its budget without first
obtaining the approval of the Minister.
Environment Protection (Amendment) Act 1996
s. 7
Act No. 65/1996
(3) EcoRecycle Victoria must have regard to its
current business plan in carrying out its
function.
(4) EcoRecycle Victoria must ensure that a copy
of its current business plan is available for inspection by members of the public at its principal place of business whenever that place is open to the public.
49K. Compulsory distribution of copies of
strategies
EcoRecycle Victoria must ensure that a copy of any waste management strategy that it publishes is sent to every regional waste management group.".
7. Insertion of section 50GA
After section 50G of the Environment Protection
Act 1970 insert—"50GA. Formation of regional waste management groups on the Minister's initiative
(1) This section applies if—
(a) an Order has been published under management region; and
(b)
no regional waste management group is declared for that region under section 50F or 50G within 6 months of the publication of the Order.
(2) On the recommendation of the Minister, the
Governor in Council may, by Order published in the Government Gazette, declare the creation of a regional waste management group consisting of all the councils in that region.
Environment Protection (Amendment) Act 1996
s. 8
Act No. 65/1996
(3) The Minister must not recommend the
creation of a regional waste management
group unless she or he—
(a)
has consulted all the councils that are to be members of the proposed group; and
(b)
has fixed a constitution for the proposed group that is consistent with this Act.
(4) On the date an Order is published under sub-
section (2), the regional waste management group created by the Order becomes a body corporate that—
(a) has perpetual succession; and
(b)
is capable of acquiring, holding and disposing of property; and
(c)
may sue and be sued in its corporate name; and
(d) has a common seal; and
(e)
subject to this Act, may do and suffer all acts and things that a body corporate may by law do and suffer.
(5) All courts and people acting judicially must
take judicial notice of the seal of the group.(6) On the date an Order is published under sub-
section (2), the constitution fixed by the
Minister under sub-section (3)(b) becomes
the constitution of the regional waste
management group created by the Order.".
8. Changes to the functions of regional waste management groups
For section 50H(1) of the Environment
Protection Act 1970 substitute—
Environment Protection (Amendment) Act 1996
s. 8
Act No. 65/1996
"(1) The functions of a regional waste
management group are to facilitate and foster
best practices in waste management by—
(a) planning for 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 waste
reduction and recycling programs;
(b) co-ordinating 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)
promoting, commissioning and undertaking research into waste management;
(d)
advising its members on best practices in waste management;
Environment Protection (Amendment) Act 1996
s. 9
Act No. 65/1996
(e)
promoting improved waste management technologies;
(f) promoting and co-ordinating relevant
community education in its region;(g) mediating disputes between its
members.".
9. Additional matter to be provided for in constitutions
After section 50I(d) of the Environment
Protection Act 1970 insert—
"(da) the preparation and adoption of an annual
budget;".
10. Changes concerning group budgets
For section 50L(5) of the Environment
Protection Act 1970 substitute—"(5) The group must only use any money it
receives for the purposes and in the way set
out in its budget.".
11. Substitution of section 50QC
For section 50QC of the Environment Protection
Act 1970 substitute—
"50QC. Groups must provide certain reports to the
Minister etc.
(1) Each year a regional waste management
group must give the Minister a report on all
the activities it has undertaken that werefunded by the landfill levy.
(2) The Minister or the Authority may at any
time require a regional waste management
group to provide her, him or it with a report
on any aspect of its operations.
Environment Protection (Amendment) Act 1996
s. 12
Act No. 65/1996
(3) The group must comply with any such
requirement by the date specified in the
requirement.".
12. Changes concerning regional waste management plans
(1) In section 50R(1) of the Environment Protection Act 1970, after "section 50G" insert "or 50GA".
(2) After section 50R(3)(h) of the Environment
Protection Act 1970 insert—
"(ha) a schedule listing—
(i) all landfills in the region that are controlled by the group and that the group intends to close; and
(ii) all landfills in the region that are not controlled by the group and that are likely to close within the likely life of
the plan; and
(iii) the intended or likely date of each closure;".
(3) For section 50R(4) of the Environment Protection Act 1970 substitute—
"(4) A plan must not conflict with any relevant—
(a) State environment protection policy; or(b) industrial waste management policy; or
(c) waste management strategy published
by EcoRecycle Victoria.".
(4) After section 50RE(1)(b) of the Environment
Protection Act 1970 insert—
"; or
(c)
there is no regional waste management plan for the region.".
Environment Protection (Amendment) Act 1996
s. 13
Act No. 65/1996
13. Substitution of section 50S
For section 50S of the Environment Protection
Act 1970 substitute—
"50S. Landfill levy—amount payable
(1) The holder of a licence in respect of a
prescribed schedule two premises that is in a municipal district listed in Schedule C must pay to the Authority a landfill levy of $3 for each tonne of waste that is deposited on to
land at the premises.
(2) The holder of a licence in respect of a
prescribed schedule two premises that is in any other municipal district must pay to the Authority a landfill levy of $2 for each tonne
of waste that is deposited on to land at the
premises.(3) The levy must be paid in accordance with section 50SB.
(4) The levy does not apply to clean soil, sand or other material used to cover waste.
(5) The Governor in Council may make
regulations once each year increasing the
amount of the levy by up to 10%;
50SA. Rebate for recycled waste
(1) This section applies if waste is removed from a prescribed schedule two premises to enable it to be recycled, reprocessed, recovered or
purified by an operation separate from that
which produced it.(2) The holder of the licence in respect of the
premises is entitled to a rebate for each tonne
of that waste that is removed from the
premises within 12 months of being
deposited at the premises.
Environment Protection (Amendment) Act 1996
s. 13
Act No. 65/1996
(3) The amount of the rebate is the amount of the landfill levy that applies to a tonne of waste deposited at the premises at the time
the waste is removed from the premises.
50SB. Payment of the levy
(1) The holder of a licence in respect of a
prescribed schedule two premises must
calculate the amount of landfill levy that is
payable in respect of waste deposited at the
premises for each of the following quarters—
(a) 1 July to 30 September;
(b) 1 October to 31 December;
(c) 1 January to 31 March.(2) In calculating an amount under sub-section (1), the holder of the licence must not take into account any rebate that he, she or it is entitled to under section 50SA.
(3) The holder of the licence must pay to the
Authority the amount of landfill levy calculated under sub-section (1) for—
(a) the July–September quarter on or before 31 December; (b) the October–December quarter on or before 31 March; (c) the January–March quarter on or before 30 June. (4) The holder of the licence must ensure that any payment made under sub-section (3) is accompanied by details of how the amount of
the payment was calculated.
Environment Protection (Amendment) Act 1996
s. 14
Act No. 65/1996
(5) On or before 30 September each year, the holder of the licence must—
(a)
calculate the amount of landfill levy that is payable in respect of waste deposited at the premises for the last financial year; and
(b) deduct from that amount—
(i) the instalment payments made
under sub-section (3); and(ii) licence holder calculates he, she or
it is entitled to under section 50SAthe amount of the rebates that the and
(c)
if the result is a positive amount, pay that amount to the Authority.
50SC. Refunds by the Authority
(1) If the calculation required by section
50SB(5) in respect of a premises results in a negative amount, the Authority must refund the amount the holder of the licence has
overpaid in respect of the premises within 30 days of it receiving the statement required by section 50W.
(2) Sub-section (1) does not apply if the
Authority serves a notice under section
50X(3)(a) in respect of any estimate used in
the calculation.
(3) The Authority is not liable to pay any interest
in respect of any refund that it is required to
make under this Division.".
14. Consequential amendments
Environment Protection (Amendment) Act 1996
s. 15
Act No. 65/1996
(1) Section 50T(1) of the Environment Protection Act 1970 is repealed.
(2) In section 50W(1) of the Environment
Protection Act 1970 for paragraphs (a) and (b) substitute—
"(a) details of the amount of waste (in tonnes)
that was deposited (or that he, she or it
estimates was deposited) at the premises in
the last financial year; and
(b) details of the amount of waste (in tonnes) for which he, she or it is entitled to a rebate under section 50SA; and (c) details of any estimates made in respect of the last financial year for the purposes of this Division that have not already been given to the Authority; and (d) any other information the Authority requires to enable it to determine the amount of landfill levy the person is liable for (or the refund the person is entitled to) under this Division.". (3) Section 50Y of the Environment Protection Act 1970 is repealed.
15. Substitution of sections 50U and 50V
For sections 50U and 50V of the Environment
Protection Act 1970 substitute—
"50U. Calculation of estimates of weight
(1) If the holder of a licence in respect of a
schedule two premises is not able to weigh
the waste that is deposited at the premises in
any relevant period, he, she or it may
estimate the weight of the waste.
Environment Protection (Amendment) Act 1996
s. 15
Act No. 65/1996
(2) The holder of the licence may use different methods for estimates relating to—
(a) the weight of the waste that was deposited at the premises in the quarters referred to in section 50SB(1); and (b) the weight of the waste that was deposited at the premises in a financial year. (3) The holder of the licence may only make an
estimate using a method approved by the
Authority.
50V. Requirement to keep appropriate records
(1) A person to whom section 50S applies must keep records sufficient to enable him, her or it to calculate—
(a)
the amount of landfill levy that he, she or it is required to pay; and
(b)
the amount of any rebate that he, she or it is entitled to under section 50SA.
Penalty: 100 penalty units.
(2) The Governor in Council may, on the
Order in Council published in the
recommendation of the Authority, specify by the purposes of this section. (3) A person to whom section 50S applies must
keep records of the categories of waste
specified by an Order in Council made under
this section.".
Environment Protection (Amendment) Act 1996
s. 16
Act No. 65/1996
16. Insertion of section 50WA
After section 50W of the Environment
Protection Act 1970 insert—
"50WA. Information about waste categories must be
given
A person who is required to give the Authority a statement under section 50W must also ensure that the statement contains details of the categories of waste (as specified by an Order in Council made under section 50V) that were deposited at the premises in the last financial year.".
17. Substitution of section 50X
For section 50X of the Environment Protection
Act 1970 substitute—
"50X. Authority may increase low estimates
(1) This section applies if the Authority is of the
opinion that an estimate on which a levy
instalment or other payment required by this
Division is based is too low.
(2) The Authority may substitute its own
estimate for the estimate submitted to it.
(3) Before doing this, the Authority must—
(a)
notify the holder of the licence in writing that it is of the opinion that the estimate is too low and of the basis on which it is proposing to make its own estimate; and
(b)
consider any response made by the holder within 14 days of notifying the holder.
Environment Protection (Amendment) Act 1996
s. 17
Act No. 65/1996
(4) If the Authority still believes an estimate is
too low after it has complied with sub-
section (3), it may give the holder of the
licence a notice setting out its estimate and
the additional amount of landfill levy (if any)
the holder is liable for as a result of the
revision of the estimate.
(5) The holder of the licence must pay any
additional amount set out in the notice within 30 days of being given the notice, unless she, he or it applies to have the estimate
decreased under section 50XA.
(6) The Authority may only exercise the powers
given to it by this section if it gives the
notice required by sub-section (3)(a) within
15 months of receiving written notice of the
estimate made by the holder of the licence.
(7) The estimate set out in a notice under sub-
section (4) may differ from any estimate set
out in a notice under sub-section (3)(a), but it
must be calculated either on the basis set out
in the notice under sub-section (3)(a) or on a
basis that was put forward by the holder of
the licence in response to that notice.
(8) If the effect of a reduction in an estimate is to
reduce (but not eliminate) the amount of the
refund the Authority must pay to a person,
the Authority must pay the refund to the
person within 30 days of the determination
of the final estimate under this Division.
Environment Protection (Amendment) Act 1996
s. 17
Act No. 65/1996
50XA. AAT may review revised estimates
(1) If the holder of a licence is aggrieved by a notice under section 50X(4), she, he or it may apply to the Administrative Appeals Tribunal to have the estimate set out in the
notice decreased.
(2) The holder of a licence must lodge the
application within 30 days of receiving the
notice.
(3) The Administrative Appeals Tribunal may
decrease an estimate of the Authority if it is of the opinion that the estimate is too high.
(4) If the Tribunal decreases an estimate, the
Authority must refund any money that it has been overpaid under this section within 30 days of receiving notice of the Tribunal's decision.
(5) If an application to the Tribunal is dismissed,
struck out or abandoned, the holder of the
licence must pay any additional amount
sought in the notice under section 50X(4)
within 30 days of the dismissal, striking out
or abandonment.
50XB. Rights and powers of the Authority if levy
not paid
(1) If any payment required by this Division is not made when it is due, the Authority may suspend the licence in respect of the
premises in respect of which the payment is
due until the payment (and any accruedinterest) is made.
(2) Interest is to accrue on the amount of the
required payment from the date it falls due at the annual rate fixed from time to time under
Environment Protection (Amendment) Act 1996
s. 18
Act No. 65/1996
section 2 of the Penalty Interest Rates Act
1983.(3) The Authority may recover any amount due to it under this Division in the Magistrates' Court as a debt due to it at any time after the
amount falls due.
(4) The Court may make an order for payment
under this section even though the amount of the order exceeds the upper monetary limit of the Court's civil jurisdiction.
50XC. Agreement to offset refund owing
(1) This section applies if a person is entitled to a refund from the Authority.
(2) The person and the Authority may agree that
the amount of the refund is to be deducted
from any future payment that the person
makes to the Authority, instead of being paid
as otherwise required by this Act.".
18. Changes concerning industry waste reduction agreements
In the Environment Protection Act 1970—
(a)
in section 51(1), after "or first sells" insert "materials or";
(b) in section 51A(2)—
(i) omit ", in accordance with the regulations";
(ii) in paragraph (f), omit "and the Council";
(c)
in section 51B, omit all words and expressions after "in section 51A(2)";
(d) sections 51C(3) and 51D(b) are repealed.
Environment Protection (Amendment) Act 1996
s. 19
Act No. 65/1996
19. Substitution of Division 5 of Part IX
For Division 5 of Part IX of the Environment
Protection Act 1970 substitute—
"Division 5—Amendment of Schedule C
51R. Governor in Council may amend
Schedule C
The Governor in Council, on the
recommendation of the Authority, may by
Order published in the GovernmentGazette—
(a)
add the name of a municipal district to Schedule C;
(b)
delete the name of a municipal district from Schedule C;
(c)
amend the name of a municipal district in Schedule C.".
20. Change concerning the Resource Recovery Fund
For section 52A(3) of the Environment
Protection Act 1970 substitute—
"(3) The Authority may pay out of the Fund—
(a)
any amount the Authority is required to pay to a person under this Part; and
(b)
any amount needed to refund any money paid into the Fund as a result of a miscalculation or other error.".
21. Substitution of sections 52B and 52C
For sections 52B and 52C of the Environment
Protection Act 1970 substitute—
Environment Protection (Amendment) Act 1996
s. 21
Act No. 65/1996
'52B. How landfill levy to be distributed
(1) In this section "net payment into the
Fund" means the total amount of landfill levy paid into the Fund in a particular period less any amount paid out under section 52A(3) in that period in respect of the landfill levy.
(2) The Authority must—
(a) draw out of the Fund 20% of each net payment into the Fund to cover the costs incurred by it under this Part and to further its waste avoidance, waste management and waste reduction objectives; and (b) pay out of the Fund 10% of each net payment into the Fund to regional waste management groups; and (c) pay out of the Fund 70% of each net payment into the Fund to EcoRecycle Victoria. (3) The Authority must comply with sub-section
(2) not more than 90 days after any money
under section 50SB is paid into the Fund.
(4) The Authority must ensure that the payment
to regional waste management groups undersub-section (2)(b) is distributed as follows—
(a)
50% of the payment must be distributed equally among the regional waste management groups; and
(b)
50% of the payment must be distributed in accordance with the following formula—
Environment Protection (Amendment) Act 1996
s. 22
Act No. 65/1996
P = A x N
M
where—
"P" is the amount a particular regional
waste management group is to be
paid under this paragraph;
"A" is the total amount available for
distribution under this paragraph; "M" is the number of municipal
districts in Victoria;
"N" is the number of municipal districts
that are within the group's waste
management region.
(5) The Governor in Council may make
regulations varying the percentages set out in
this section.'.
22. Additional regulation-making power
After section 71(2) of the Environment
Protection Act 1970 insert—
"(2A) Any such regulation may—
(a)
leave any matter or thing to be determined, applied, dispensed with or regulated by the Authority; or
(b)
confer a power or a discretionary authority, or impose a duty, on the Authority.".
23. Substitution of Schedules C and D
For Schedules C and D of the Environment
Protection Act 1970 substitute—
Environment Protection (Amendment) Act 1996
s. 24
Act No. 65/1996
"SCHEDULE C
MUNICIPAL DISTRICTS TO WHICH SECTION 50S(1)
APPLIES
Banyule Golden Plains Moonee
ValleyBayside Greater Dandenong Moreland Ballarat Hobson's Bay Mornington Greater Peninsula Bendigo Hume Nillumbik Boroondara Kingston Port Phillip Brimbank Knox Stonnington Cardinia Manningham Whitehorse Casey Maribyrnong Whittlesea Darebin Maroondah Wyndham Frankston Melbourne Yarra Greater Melton Geelong Yarra Monash Ranges". Glen Eira
24. Minor and consequential amendments
(1) In section 4(1) of the Environment Protection Act 1970, the definition of "Council" is repealed.
(2) In the Environment Protection Act 1970—
(a) Division 6 of Part IX is repealed;
(b) sections 52D and 52E are repealed;
(c)
in section 60(4), for "the Waste Management Council" substitute "EcoRecycle Victoria";
(d)
the headings to Schedules C and D are repealed;
Environment Protection (Amendment) Act 1996
s. 25
Act No. 65/1996
(e)
all sub-headings in Schedules C and D are repealed.
25. Abolition of the Environment Council
(1) The members of the Environment Council cease
to hold office.
(2) The Environment Protection Board is the
successor in law of the Environment Council.
(3) Any reference to the Environment Council in any
Act, subordinate instrument, agreement or other document as far as it relates to any period after the commencement of this section is to be treated as a reference to the Environment Protection Board, unless the contrary intention appears.
26. Abolition of the Recycling and Resource Recovery Council
(1) The members of the Recycling and Resource
Recovery Council cease to hold office.
(2) EcoRecycle Victoria is the successor in law of the Recycling and Resource Recovery Council.
(3) Any reference to the Recycling and Resource
Recovery Council in any Act, subordinate instrument, agreement or other document as far as it relates to any period after the commencement of this section is to be treated as a reference to EcoRecycle Victoria, unless the contrary intention appears.
27. Abolition of the Waste Management Council
(1) The members of the Waste Management Council cease to hold office.
(2) EcoRecycle Victoria is the successor in law of the Waste Management Council.
(3) Any reference to the Waste Management Council
in any Act, subordinate instrument, agreement or
Environment Protection (Amendment) Act 1996
s. 28
Act No. 65/1996
other document as far as it relates to any period after the commencement of this section is to be treated as a reference to EcoRecycle Victoria,
unless the contrary intention appears.
28. Updating of the constitutions of existing regional waste management groups
(1) This section only applies to regional waste
management groups that are in existence
immediately before this Act receives the Royal
Assent.(2) After the expiry of 6 months from the date this Act receives the Royal Assent, a regional waste management group ceases to be eligible to receive
any money derived from the landfill levy under the
Environment Protection Act 1970 unless the
Minister certifies in writing that its constitution is
consistent with Division 2A of Part IX of the
Environment Protection Act 1970.(3) If a regional waste management group submits its
constitution, or proposed amendments to its
constitution, to the Minister within 6 months of
the date this Act receives the Royal Assent for the
purpose of obtaining the Minister's certification,
sub-section (2) does not apply to the group until
the Minister gives the group written notice that the
certification has been refused.
(4) If a regional waste management group is not
eligible to receive any money derived from the
landfill levy, the money that the group would
otherwise have been entitled to be paid undersection 52B must be paid to EcoRecycle Victoria.
29. Initial quarterly payment of the landfill levy
The first quarterly payment of the landfill levy
under section 50SB of the Environment
Protection Act 1970 must be made on or before
Environment Protection (Amendment) Act 1996
s. 30
Act No. 65/1996
31 December 1997 in respect of the quarter
starting on 1 July 1997 and ending on 30September 1997.
30. Statute law revision
(1) In the Environment Protection Act 1970—
(a)
for section 7(1)(b) substitute— "(b) is entitled to be paid the remuneration
and travelling and other allowances
fixed by Order of the Governor inCouncil from time to time.";
(b) section 7(5)(a) is repealed;
(c) in section 14(2)—
(i) for "employe" substitute "employee";
(ii) for "Public Service Act 1974" Management Act 1992";
(d)
in section 18D(6), for "Sections 6 and 6A of the Subordinate Legislation Act 1962" substitute "Sections 23 and 24 of the Subordinate Legislation Act 1994";
(e)
in section 19(3), for "section 13(2)" substitute "Part 7 of the Financial Management Act 1994";
(f)
in section 27(4), for all words after "if the corporation is" substitute "a subsidiary of the corporation within the meaning of the Corporations Law";
(g)
in section 61(1A), for "sections 528, 529 and 530 of the Companies (Victoria) Code" substitute "sections 220 and 363 of the Corporations Law";
Environment Protection (Amendment) Act 1996
s. 30
Act No. 65/1996
(h) in section 66B(5), in the definition of "officer"— (i) for paragraph (a) substitute— "(a) in relation to a corporation within
the meaning of the Corporations Law, has the same meaning as it has in the Corporations Law";
(ii) in paragraph (b), for "Companies "Corporations Law".
(2) After section 7(6) of the Environment Protection Act 1970 insert—
"(7) The Public Sector Management Act 1992
(including Part 9) does not apply to the
person appointed as Chairman or as Deputy
Chairman in respect of those offices.".
(3) For section 14(1) of the Environment Protection Act 1970 substitute—
"(1) There may be appointed or employed under the Public Sector Management Act 1992 any officers and employees that are necessary
for the purposes of this Act.".
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Environment Protection (Amendment) Act 1996
Notes
Act No. 65/1996
NOTES
†
Minister's second reading speech—
Legislative Assembly: 14 November 1996
Legislative Council: 10 December 1996
The long title for the Bill for this Act was "to amend the Environment
Protection Act 1970 and for other purposes."
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