Untitled document

Environment Protection (Distribution of Landfill Levy) Amendment Regulations 2011

S.R. No. 45/2011

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Amendments required due to the creation of the Climate Communities Fund Account

6New regulation 6A inserted

6ADistribution payments made on quarterly in arrears basis

7Regulation 8 substituted

8Distribution of landfill levy—1 July 2011 to 30 September 2011

9Distribution of landfill levy—from 1 October 2011
to 30 September 2012

10Distribution of landfill levy—from 1 October 2012

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ENDNOTES

STATUTORY RULES 2011

S.R. No. 45/2011

Environment Protection Act 1970

Environment Protection (Distribution of Landfill Levy) Amendment Regulations 2011

The Governor in Council makes the following Regulations:

Dated: 28 June 2011

Responsible Minister:

RYAN SMITH
Minister for Environment and Climate Change

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Environment Protection (Distribution of Landfill Levy) Regulations 2010 to—

(a)reflect the creation of the Climate Communities Fund Account within the Environment Protection Fund;

(b)clarify the manner in which payments are made under the Regulations;

(c)provide a mechanism for payments from the general landfill levy account to be made to waste management groups, the Environment Protection Authority, Sustainability Victoria and the Climate Communities Fund Account in respect of the last quarter of the financial year commencing 1 July 2010 and in respect of each quarter of the financial year commencing 1 July 2011;

(d)provide a mechanism for payments from the general landfill levy account in respect of each quarter from 1 October 2012.

2Authorising provisions

These Regulations are made under sections 70 and 71 of the Environment Protection Act 1970.

3Commencement

These Regulations come into operation on 1 July 2011.

4Principal Regulations

In these Regulations, the Environment Protection (Distribution of Landfill Levy) Regulations 2010[1] are called the Principal Regulations.

5Amendments required due to the creation of the Climate Communities Fund Account

(1)For regulation 6(1) of the Principal Regulations substitute—

"(1)Within the Environment Protection Fund, the Authority must maintain a general landfill levy account.".

(2)The note at the foot of regulation 6(1) of the Principal Regulations is revoked.

(3)In the note at the foot of regulation 6(3) of the Principal Regulations omit "rather than the sustainability fund account".

(4)In regulation 7(1)(e) of the Principal Regulations for "sustainability fund account" substitute "Climate Communities Fund Account".

6New regulation 6A inserted

After regulation 6 of the Principal Regulations insert—

"6A   Distribution payments made on quarterly in arrears basis

All distribution payments made under these Regulations are made on a quarterly in arrears basis.

Example

The distribution made in the quarter beginning on 1 July 2011 relates to the money paid to the Authority, in accordance with section 50SB of the Act, in the quarter beginning 1 April 2011.".

7Regulation 8 substituted

For regulation 8 of the Principal Regulations substitute—

"8   Distribution of landfill levy—1 July 2011 to 30 September 2011

(1)In respect of the 1 July 2011 to 30 September 2011 quarter, the Authority must distribute money standing to the credit of the general landfill levy account as at the end of the previous quarter in the following way—

(a)it must pay the Metropolitan Waste Management Group $2 256 160 minus the total amount paid to the Metropolitan Waste Management Group under regulation 7 for the 3 quarters in the period 1 October 2010 to 30 June 2011;

(b)it must pay a regional waste management group specified in column 1 of the following table, the amount specified in column 2, minus the total amount paid to each regional waste management group under regulation 7 for the 3 quarters in the period 1 October 2010 to 30 June 2011;

(c)it must pay Sustainability Victoria $24 130 000 minus the total amount paid to Sustainability Victoria under regulation 7 for the 3 quarters in the period 1 October 2010 to 30 June 2011;

(d)it must pay itself $5 790 000 minus the total amount paid to the Authority under regulation 7 for the 3 quarters in the period 1 October 2010 to 30 June 2011;

(e)it must transfer any remaining amount into the Climate Communities Fund Account.

(2)The Authority must make all distributions required under this regulation by 15 July 2011.

Note

The Minister, in certain circumstances, may direct the Authority to withhold any payment the Authority is required to make to a regional waste management group under this regulation—see section 50LA(2) of the Act.

Table

Column 1	Column 2
Barwon	$314 218
Calder	$280 878
Central Murray	$264 208
Wimmera Mallee	$205 863
Greater Gippsland	$403 390
Goulburn Valley	$305 883
Grampians	$264 208
Highlands	$293 380
Mildura	$205 863
Mornington Peninsula	$205 863
North Eastern	$289 213
South Western	$280 878

9Distribution of landfill levy—from 1 October 2011 to 30 September 2012

(1)In respect of each quarter in the period of 1 October 2011 to 30 September 2012, the Authority must distribute money standing to the credit of the general landfill levy account as at the end of the previous quarter in the following way—

(a)it must pay the Metropolitan Waste Management Group one quarter of $3 716 079;

(b)it must pay a regional waste management group specified in column 1 of the following table, one quarter of the amount specified in column 2 of the table opposite the name of the group;

(c)it must pay Sustainability Victoria one quarter of $24 733 250;

(d)it must pay itself one quarter of $5 934 750;

(e)it must transfer any remaining amount into the Climate Communities Fund Account.

(2)The Authority must make all distributions required under this regulation by the 15th day of the quarter.

Note

The Minister, in certain circumstances, may direct the Authority to withhold any payment the Authority is required to make to a regional waste management group under this regulation—see section 50LA(2) of the Act.

Table

Column 1	Column 2
Barwon	$332 318
Calder	$287 899
Central Murray	$270 813
Wimmera Mallee	$220 347
Greater Gippsland	$420 146
Goulburn Valley	$323 530
Grampians	$270 813
Highlands	$323 204
Mildura	$211 707
Mornington Peninsula	$223 674
North Eastern	$311 194
South Western	$287 899

10Distribution of landfill levy—from 1 October 2012

(1)From 1 October 2012, at the start of each quarter, the Authority must transfer into the Climate Communities Fund Account all money standing to the credit of the general landfill levy account as at the end of the previous quarter.

(2)The Authority must make the transfer required under this regulation by the 15th day of the quarter.".

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ENDNOTES

[1] Reg. 4: S.R. No. 98/2010.