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Environment Protection (Amendment) Bill
Introduction Print
EXPLANATORY MEMORANDUM
General
The purposes of this Bill are to amend the Environment Protection Act
1970 (the Act) to--
· modernise licensing provisions in the Act by providing for the
amalgamation of licenses for multiple premises, simplifying
reporting requirements and introducing a single definition of
"Scheduled Premises";
· introduce Environment and Resource Efficiency Plans as part
of a scheme to promote increased environmental resource use
efficiency;
· introduce a Metropolitan Waste Management Group to replace
the four existing metropolitan Regional Waste Management
Groups and provide for a new metropolitan wide strategic
waste planning process;
· introduce a capacity to regulate the free provision of plastic
bags by retailers to consumers;
· improve the administration of pollution abatement notices;
· streamline the use of the sustainability covenant underpinning
provisions;
· introduce a differential landfill levy for prescribed industrial
waste disposal based on the classification of the waste;
· introduce a capacity to direct a corporation to accept
responsibility for clean up and on-going management liability
of its subsidiary, associated or related entity in certain
circumstances;
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551439 BILL LA INTRODUCTION 18/7/2006
· remove the defence of a director or person concerned in the
management of a corporation of having no knowledge of a
contravention of the Act by a relevant corporation;
· introduce enforceable undertakings as a tool to enforce the Act;
· allow for the translation of a national environment protection
measure into regulations;
· make miscellaneous amendments to remove anomalies and
improve the operation of the Act.
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the main purposes of the Bill.
Clause 2 sets out the commencement dates for the components of the Bill.
Part 2 (Scheduled Premises) will commence on 1 July 2007.
Part 4 (Metropolitan Waste Management Group) and clause 54
(amendment of section 50S) come into operation on a day or days
to be proclaimed. If not proclaimed at an earlier date, Part 4 and
clause 54 will commence on 31 December 2007. The remaining
provisions will commence on the day after the day on which the
Act receives Royal Assent.
PART 2--SCHEDULED PREMISES
Clause 3 amends section 4 of the Act to repeal the existing definitions of
"schedule one premises", "schedule two premises", "schedule
three premises", "schedule four premises", "schedule five
premises", "schedule six premises" and replace them with a
single definition of "scheduled premises", and update the
definition of "accredited licence". The new scheduled premises
definition covers any premises that is prescribed by regulation or
that is a premises at which certain actions take place, including
the following:
· the emission, discharge or deposit of waste;
· the emission of noise;
· the reprocessing, treatment, storage, containment,
disposal or handling of wastes or of certain substances
which are a danger or potential danger to the
environment or any segment of the environment;
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· any activity that creates a state of potential danger to the
quality of the environment or any segment of the
environment.
Clause 4 makes minor amendments to sections 13 and 16A of the Act to
enable consistent use of the language of "substances which are a
danger" instead of "substances which are of danger", and to use
consistent language regarding the handling of wastes.
Clause 5 substitutes a new section 19A into the Act to clarify the acts and
things which cannot be undertaken by an occupier of a scheduled
premises except in accordance with a works approval, licence or
notice issued by the Authority. This clause clarifies, in light of
the new definition of scheduled premises, that certain acts and
things must not be undertaken by an occupier of any scheduled
premises if they are likely to cause--
· an increase or alteration in waste;
· an increase or alteration of substances which are of
danger or potential danger to the environment;
· a change in any method or equipment used;
· a significant increase in the emission of noise; or
· a state of potential danger to the quality of the
environment.
This clause also provides for exemptions from these provisions
and provides for an offence for failing to comply with the
section.
Clause 6 amends section 19C of the Act to clarify the circumstances in
which the Authority may amend a works approval, in light of the
new definition of scheduled premises, and to clarify that 19C(3)
applies to substances which are of danger or potential danger to
the environment or any segment of the environment as well as to
prescribed industrial waste. Also amends section 19C to provide
for transitional arrangements.
Clause 7 amends section 19D of the Act to clarify that occupiers of any
scheduled premises may apply for a Research, Development and
Demonstration approval, in light of the new definition of
scheduled premises, and to provide for transitional arrangements.
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Clause 8 substitutes new section 20 into the Act to clarify, in light of the
new definition of scheduled premises, those activities which
cannot be undertaken by an occupier of any scheduled premises
except in accordance with a licence issued by the Authority
include--
· the discharge, emission or deposit of waste to the
environment;
· the reprocessing, treatment, storage, containment,
disposal or handling of waste;
· the reprocessing, treatment, storage, containment,
disposal or handling of substances which are of danger
or potential danger to the quality of the environment or
any segment of the environment; or
· an activity which creates a state of potential danger to
the quality of the environment or any segment of the
environment.
Sub-clause (3) clarifies that a licence may be suspended or
revoked if the licence holder ceases to undertake any of the
actions that new section 20(1) of the Act prohibits an occupier of
a scheduled premises to undertake except where permitted to do
so under a licence.
Sub-clause (4) inserts a provision to enable the Authority to
amalgamate two or more licences held by a single licensee,
following application by the licence holder, and to enable the
suspension or revocation of part of an amalgamated licence as
that part relates to a scheduled premises.
Sub-clause (5) makes a consequential amendment to section
20(12) of the Act.
Clause 9 amends section 20A of the Act to make provision for the
amendment of licences amalgamated under the proposed sub-
section 20(11A).
Clause 10 amends section 20C of the Act to clarify that an accreditation
granted under section 26B continues to be defined as an
authorisation for the purposes of section 20C. This assists in
ensuring a high performing site can be granted accreditation
within an amalgamated licence that covers multiple scheduled
premises.
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Clause 11 amends section 21 of the Act to ensure that, in light of the new
definition of scheduled premises, the Authority continues,
through the licensing system, to be empowered to require a
financial assurance from certain scheduled premises.
Clause 12 amends section 23A of the Act by inserting two new sub-sections
to govern the surrender of part of a licence that is amalgamated
under proposed new section 20(11A).
Clause 13 amends section 24 of the Act to clarify, in light of the new
definition of scheduled premises, the licence fee cap which
applies to the calculation of licence fees for each scheduled
premises, and to clarify the refund of monies following surrender
or revocation of a licence or part of an amalgamated licence for a
scheduled premises.
Clause 14 amends section 24A of the Act to ensure that, in light of the new
definition of scheduled premises, the Authority is empowered,
through the licensing system, to require that the Environment
Protection Levy be paid in respect of any prescribed scheduled
premises . The section also clarifies the power of the Authority
to provide for exemptions, and for the suspension of a licence (or
part of a licence) if the levy is not paid.
Clause 15 amends section 25 of the Act. Sub-clause (1) amends section
25(1) of the Act to allow for the transfer of licence requirements
for a particular scheduled premises to a new owner. This change
maintains current transfer capabilities but now also allows the
requirements for one scheduled premises to be transferred from
an amalgamated licence that covers multiple premises, into a new
licence to cover only the one scheduled premises or into a new
owner's amalgamated licence.
Sub-clause (2) inserts a new sub-section 25(3) which clarifies, in
light of the proposed new section 20(1) and the new definition of
scheduled premises, the circumstances in which a person will not
be liable for a penalty for if the person becomes the occupier of a
premises that is the subject of a licence.
Sub-clause (2) also inserts a new sub-section 25(4), which
clarifies, in light of the proposed new section 20(1) and the new
definition of scheduled premises, the activities that a person must
cease to undertake if their application for the transfer of a licence
or for a new licence is refused by the Authority.
Clause 16 amends the heading of Part III Division 4 of the Act to reflect the
fact that an accredited site may be just one of multiple sites
licensed in an amalgamated licence.
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Clause 17 amends section 26A of the Act to enable the holder of a licence
to apply to the Authority for the accreditation of a site which may
be just one of multiple sites in an amalgamated licence.
Clause 18 amends section 26B of the Act to reflect that the language of
"accredited licensee" is to be changed to "licence holder" and to
reflect that an accredited site may be just one of multiple sites
included in a licence amalgamated under new section 20(11A).
Clause 19 inserts a substitute section 26D into the Act, to reflect that the
language of "accredited licensee" is to be changed to "licence
holder" and to reflect that an accredited site may be just one of
multiple sites included in a licence amalgamated under the
proposed new sub-section 20(11A). As such, the rights of a
licence holder to a reduced fee and to undertake works without
obtaining a works approval or a research, development and
demonstration approval (except in certain circumstances) relate
to the premises which has been accredited. This does not alter
the licence fee discount or other benefits granted to an accredited
premises.
Clause 19 also inserts a substitute section 26E to reflect that an
accredited site may be just one of multiple sites included in an
amalgamated licence. As such, review now relates to
"accreditation" rather than "accreditation of an accredited
licensee". The process and timing of accreditation reviews has
not been changed.
Clause 20 amends the offence provisions contained in section 27 of the Act
to reflect the new definition of scheduled premises to make it an
offence for an occupier of a scheduled premises to, without
permission under a current licence:
· discharge, emit or deposit waste;
· reprocess, treat, store, contain, dispose of or handle
waste or substances which are a danger or potential
danger to the environment; or
· undertake an activity which creates a state of potential
danger to the quality of the environment or any segment
of the environment.
The existing penalty levels under this section have not been
changed.
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Clause 21 amends section 30 of the Act to ensure that the activities referred
to in section 30 are consistent with the activities referred to in
new section 20(1) (which reflects the new definition of scheduled
premises). As such, this ensures that if a licence holder complied
with the relevant conditions of their licence they will not be liable
for a penalty with respect to:
· the discharge, emission or deposit of waste;
· the reprocessing, treatment, storage, containment,
handling or disposal of waste;
· the reprocessing, treatment, storage, containment,
handling or disposal of substances that are a danger or
potential danger to the quality of the environment or any
segment of the environment; or
· any activity that creates a state of potential danger to the
quality of the environment or any segment of the
environment.
Clause 22 consequentially amends sections 31A and 31C of the Act in the
light of the new definition of scheduled premises.
Clause 23 inserts a new section 31D into the Act entitled "Annual
performance statement", which outlines the performance
reporting requirements which will apply to all licensees. This is
modelled on and replaces the existing section 26C, which
outlines reporting requirements that apply to "accredited
licensees" under the current Act. The new provision outlines the
requirements to submit a statement, what is required to be
included in a statement, and makes it an offence to fail to submit
a statement, or give false or misleading information in or omit
information from a statement.
Clause 24 repeals the existing section 26C of the Act and consequentially
amends Schedule A of the Act to insert an infringement penalty
for an offence against section 31D(4), which relates to a failure to
comply with the new performance reporting requirements.
Clause 25 amends section 33A of the Act to provide the Victorian Civil and
Administrative Tribunal with jurisdiction and powers to review
decisions of the Authority with respect to part of a licence
amalgamated under section 20(11A). This maintains existing
arrangements for the review of licences, and the change is
necessary due to the proposed introduction of amalgamated
licences by this Bill.
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Clause 26 amends section 33B of the Act. Sub-clause (1) amends
section 33B to clarify the ability of third parties to apply for
review to the Victorian Civil and Administrative Tribunal in light
of the new definition of scheduled premises and associated
changes through the Act. This ensures appropriate grounds upon
which a third party may apply for review of a works approval or
licence that has been issued on the basis of sections 19A(1)
and 20(1). The amended clause also clarifies that any relevant
state environment protection policy or waste management policy
should be able to be taken into account in any third party appeal.
Sub-clause (2) inserts savings provisions into section 33B of the
Act.
Clause 27 consequentially amends section 50S of the Act to reflect the new
definition of scheduled premises. The premises to which the
payment of the landfill levy applies will be prescribed in
regulations.
Clause 28 amends section 50SA(1) of the Act to reflect the new definition
of scheduled premises with respect to premises to which a rebate
for recycled waste can be applied.
Clause 29 amends section 50SB of the Act to remove reference to "schedule
two premises' " and clarify that persons liable to pay a landfill
levy under section 50S(1) or (2) must pay it in accordance with
the requirements of section 50SB.
Clause 30 amends section 50XB of the Act to clarify the rights and powers
of the Authority to suspend a licence, or part of a licence as
amalgamated under new section 20(11A), for failure to pay the
Landfill Levy.
Clause 31 consequentially amends section 53D of the Act, in light of the
new definition of scheduled premises, to describe the types of
premises that prescribed industrial wastes may be transported to.
Clause 32 amends section 71 of the Act, in light of the new definition of
scheduled premises, to make provision for new heads of power to
make regulations to: prescribe any premises or class of premises
as a scheduled premises, specify scheduled premises or a class of
scheduled premises in respect of which the Authority may require
a financial assurance, specify scheduled premises or a class of
scheduled premises in respect of which the landfill levy is
payable, specify scheduled premises or a class of scheduled
premises in respect of which environment protection levy is
payable, and prescribe reduced scales of licence fees payable by
licence holders in respect of accredited premises on the
anniversary of the issue of the licence.
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PART 3--ENVIRONMENT AND RESOURCE EFFICIENCY
PLANS
Clause 33 inserts a new Division 4A into Part III of the Act that introduces
Environment and Resource Efficiency Plans as part of a scheme
to facilitate increased environmental resource use efficiency and
decreased disposal of waste off-site.
Proposed section 26F establishes requirements for a person who
undertakes a scheduled activity to register with the Authority.
This section also establishes requirements to notify the Authority
if a person ceases to undertake or is transferred a scheduled
activity, or if an activity undertaken no longer fits the definition
of a scheduled activity. It is an offence to breach these
requirements. A definition of what is a "scheduled activity" is to
be found in Clause 34.
Proposed section 26G requires the Authority to maintain a
register of scheduled activities based on information provided to
the Authority under proposed section 26F.
Proposed section 26H establishes the requirement that a person
who undertakes a scheduled activity must, unless otherwise
exempted, prepare an Environment and Resource Efficiency
Plan. It specifies that the Plan must be presented in a form
approved by the Authority, be developed in accordance with
prescribed criteria, contain matters specified in proposed
section 26I and if a partial exemption is in force, it must be
prepared in accordance with the terms and conditions of that
exemption. It is an offence to fail to comply with this section.
Proposed section 26I details the matters that an Environment and
Resource Efficiency Plan must include. These include a
description of relevant environmental resource use and disposal
of waste off-site, a plan of actions to achieve environmental
resource efficiency gains and reductions in disposal of waste off-
site, timeframes for the actions to be implemented, how the
implementation of the Plan will be monitored and the period of
time the Environment and Resource Efficiency Plan is to be in
operation.
Proposed section 26J establishes the requirement that the person
must submit the Environment and Resource Efficiency Plan to
the Authority with prescribed supporting material within the
prescribed time period. This material will assist the Authority to
determine whether the Plan should be approved. It is an offence
to fail to meet this requirement.
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Proposed section 26K enables the Authority to request additional
information it considers necessary for the Authority to determine
whether to approve an Environment and Resource Efficiency
Plan. This request will be made by notice in writing and will
specify a reasonable time period for the person to provide the
information.
If the information requested in the notice is not provided within
28 days of the period specified in the notice, or longer period as
agreed with the Authority, the Authority must refuse to approve
the Environment and Resource Efficiency Plan.
The service of a notice requesting further information will extend
the time period within which the Authority must determine
whether to approve an Environment and Resource Efficiency
Plan.
Proposed section 26L requires the Authority to decide whether to
approve an Environment and Resource Efficiency Plan within the
prescribed period and to advise the applicant in writing of the
decision within 14 days after making the decision. The Authority
must approve the Environment and Resource Efficiency Plan if
satisfied that the plan has been prepared in accordance with
section 26H and submitted in accordance with section 26J. If not
so satisfied, the Authority must not approve the Environment and
Resource Efficiency Plan and must advise of its reasons. If the
Authority does not approve the Environment and Resource
Efficiency Plan, the Authority may advise in writing that the
Environment and Resource Efficiency Plan should be
re-submitted and may provide advice as to the nature of the
changes to be made so that it can be approved.
If the Authority fails to make a decision with respect to the
Environment and Resource Efficiency Plan within the prescribed
period, the Authority is taken to have approved the Environment
and Resource Efficiency Plan.
Proposed section 26M requires that the Environment and
Resource Efficiency Plan must be implemented in accordance
with the timeframes set out in the Plan. It is an offence to fail to
comply with this section.
Proposed section 26N provides a capacity for a person who
undertakes a scheduled activity to apply to the Authority for an
exemption wholly or partly from the requirement to prepare an
Environment and Resource Efficiency Plan. The Authority
must, within the prescribed period, grant an exemption if satisfied
that prescribed criteria and considerations have been met.
The Authority must within the prescribed period advise the
applicant in writing of its decision, any terms and conditions
10
applying to the exemption, or if the exemption is refused, the
reasons for refusing the exemption.
The Authority may also revoke an exemption by notice in writing
if satisfied that such criteria and considerations cease to apply.
The notice must specify the reasons for the revocation and a
reasonable time period within which the person must comply
with the Division. If an exemption is revoked, the person
undertaking the scheduled activity must develop an Environment
and Resource Efficiency Plan to comply with the Division within
the time period specified by the Authority.
Proposed section 26O requires a person who undertakes a
scheduled activity to submit prescribed reports to the Authority at
prescribed times. Failure to do so is an offence.
Proposed section 26P specifies that an approved Environment
and Resource Efficiency Plan continues in operation for the
period of time specified in the Environment and Resource
Efficiency Plan.
Before the expiry of the Environment and Resource Efficiency
Plan, the person who undertakes the scheduled activity must
prepare a new Environment and Resource Efficiency Plan for
approval or must apply for an exemption. At any time during the
operation of an Environment and Resource Efficiency Plan, the
Authority and the person who undertakes the scheduled activity
can agree to the substitution of a new Environment and Resource
Efficiency Plan or for an existing Plan to be revoked.
Proposed section 26Q specifies that if a person who undertakes a
scheduled activity transfers the undertaking of that scheduled
activity to another person whilst an Environment and Resource
Efficiency Plan is in operation, the person to whom the
undertaking is transferred becomes responsible for
implementation of the Environment and Resource Efficiency
Plan from the day the transfer of the undertaking takes effect.
The transferee must notify the Authority of the transfer under
proposed section 26F.
Clause 34 consequentially amends section 4(1) of the Act to insert the
following definitions:
· "Environment and Resource Efficiency Plan" means a
Plan prepared under section 26H;
· "Person who undertakes a scheduled activity" means the
occupier of the premises at which the activity is
undertaken;
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· "register of scheduled activities" means the register kept
under section 26G.
Clause 32 also amends section 4(1) to insert a definition of
"scheduled activity", which means the use of environmental
resources at a premises in excess of prescribed thresholds for
resources of that kind or disposal of waste off-site from a
premises in excess of the prescribed threshold for wastes of that
kind.
Clause 35 consequentially amends section 13 of the Act to create a new
power, duty and function of the Authority to facilitate
environmental resource use efficiency or decreased disposal of
waste off-site through introduction of the Environment and
Resource Efficiency Plans scheme. The scheme involves
requiring persons who undertake a scheduled activity to--
· make an assessment of opportunities to improve
environmental resource efficiency and to reduce the
disposal of waste off-site;
· develop and implement an Environment and Resource
Efficiency Plan including financially viable actions to
make use of the identified opportunities; and
· report on implementation of the Environment and
Resource Efficiency Plan.
Clause 36 consequentially amends section 31A of the Act to enable the
Authority to issue a pollution abatement notice on a person who
undertakes a scheduled activity if the Authority is satisfied there
has been, or is likely to be, a failure to comply with any
obligation established by the Environment and Resource
Efficiency Plan scheme. In such circumstances, a pollution
abatement notice can be used to require compliance with any
obligation imposed by the scheme.
Clause 37 consequentially amends section 55 of the Act to enable an
authorized officer to--
· enter, with such assistance as the officer may require,
any premises at which a scheduled activity is being
undertaken;
· require by notice in writing any reports, books, plans,
maps or documents relating to the scheduled activity to
be furnished to the officer; or
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· require the name and address of any person who was the
person undertaking the scheduled activity to be
furnished to the officer either orally or in writing in
certain circumstances.
It also enables an authorized officer to require by notice in
writing any reports, books, plans, maps or documents relating to
a process, activity or use of a premises that is the subject of any
regulation or Order declaring policy to be furnished to the officer.
This will improve the Authority's capacity to investigate and
follow up breaches of Regulations and waste management
policies.
In respect of any process, activity or use that is the subject of a
regulation or an Order declaring policy, an authorized officer
may also, by notice in writing, require the name and address of--
· any person who was, or appears to be, the person
responsible for the process or activity being carried on
or proposed to be carried on;
· the occupier of a premises at which the process or
activity is being carried on or proposed to be carried on;
or
· the person responsible for the use or proposed use, or
the occupier of the premises at which the use is being
carried on, or proposed to be carried on--
to be furnished to the officer either orally or in writing.
Clause 38 consequentially amends section 63B of the Act to insert a new
reference to "Schedule A" to replace the existing reference to
"the Schedule".
Clause 39 consequentially amends section 71 of the Act to create new heads
of power for the Authority to make regulations--
· prescribing the kinds and thresholds of resources and
wastes to be applicable to the scheme;
· prescribing registration and reporting requirements for
scheduled activities;
· regulating the development and implementation of
Environment and Resource Efficiency Plans; and
· prescribing any matter necessary to give effect to the
scheme.
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Clause 40 consequentially amends Schedule A of the Act to allow for the
issue of penalty infringement notices in response to offences
established under proposed sections 26F, 26J, 26M or 26O.
PART 4--METROPOLITAN WASTE MANAGEMENT GROUP
Clause 41 inserts a new Division 2AB into Part IX of the Act.
Division 2AB--Metropolitan Local Governments'
Waste Forum
Proposed section 49T establishes the Metropolitan Local
Governments' Waste Forum consisting of a representative of each
metropolitan council and sets out the functions and means of
establishing the procedures of the Forum.
Clause 42 inserts new Divisions 2AC and 2AD into Part IX of the Act.
Division 2AC--Metropolitan Waste Management
Group
Proposed section 50 establishes the Metropolitan Waste
Management Group as a body corporate.
Proposed section 50A declares that the Metropolitan Waste
Management Group does not represent the Crown.
Proposed section 50AB declares that the Metropolitan Waste
Management Group is a public body and public entity, so that
key governance legislation will apply to it.
Proposed section 50AC sets out the objectives for the
Metropolitan Waste Management Group.
Proposed section 50AD sets out the functions of the Metropolitan
Waste Management Group.
Proposed section 50AE sets out the powers of the Metropolitan
Waste Management Group.
Proposed section 50AF provides for a board of directors of the
Metropolitan Waste Management Group.
Proposed section 50AG provides for the appointment of directors
of the Metropolitan Waste Management Group.
Proposed section 50AH sets out the conditions on which the
directors of the Metropolitan Waste Management Group are
appointed.
Proposed section 50AI provides for the conduct of meetings of
the Metropolitan Waste Management Group.
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Proposed section 50AJ provides for disclosure by directors of the
Metropolitan Waste Management Group of direct or indirect
pecuniary interests or conflicts of interest and how these are to be
dealt with at meetings of the Group.
Proposed section 50AK provides that acts and decisions of the
Metropolitan Waste Management Group are not invalid in certain
situations such as a vacancy in the membership of the Group or a
defect or irregularity in the appointment of a director of the
Group. Provision is also made that things done by or in relation
to persons purporting to act as directors of the Group are not
invalid in certain circumstances.
Proposed section 50AL provides that the Metropolitan Waste
Management Group may delegate certain functions and powers
to the Chairperson, a director, the Chief Executive Officer or any
employee of the Group.
Proposed section 50AM provides that the Metropolitan Waste
Management Group must with the approval of the Minister
appoint a Chief Executive Officer and sets out the terms and
conditions of his or her employment.
Proposed section 50AN provides that the Metropolitan Waste
Management Group may employ staff.
Proposed section 50AO provides that the Minister may give
directions to the Metropolitan Waste Management Group and
that it must comply.
Proposed section 50AP provides that the Metropolitan Waste
Management Group in carrying out its functions must comply
with any procurement, directions or guidelines issued by the
Treasurer in consultation with the Minister.
Proposed section 50AQ provides that the Metropolitan Waste
Management Group must submit an annual business plan to the
Minister and sets out the procedures for approval of the plan and
how the Group must comply with the plan.
Proposed section 50AR provides that metropolitan councils are
exempt from the requirements of sections 186 and 193 of the
Local Government Act 1989 in specified situations relating to
councils' participation in the Metropolitan Local Governments'
Waste Forum and the Metropolitan Waste Management Group
carrying out its functions with metropolitan councils.
15
Proposed section 50AS provides for the dissolution of the four
metropolitan Regional Waste Management Groups, the
establishment of the Metropolitan Waste Management Group as
the successor in law to the four metropolitan Regional Waste
Management Groups and the transfer of employees of the four
metropolitan Regional Waste Management Groups to the
Metropolitan Waste Management Group.
Division 2AD--Metropolitan Waste and Resource
Recovery Strategic Plan
Proposed section 50B establishes that there will be a
Metropolitan Waste and Resource Recovery Strategic Plan that
consists of three parts--The Metropolitan Plan, The Municipal
Solid Waste Infrastructure Schedule and The Metropolitan
Landfill Schedule--and provides the objectives for the Plan and
responsibilities for development of each part of the Plan.
Proposed section 50BA establishes the purpose of Part 1--
The Metropolitan Plan and provides that it must include specified
information, not be inconsistent with the solid industrial waste
management plan and sets out the process for its development
and consultation.
Proposed section 50BB establishes the purpose of Part 2--
The Municipal Solid Waste Infrastructure Schedule and provides
that it must include specified information and sets out the process
for its development, consultation and approval.
Proposed section 50BC establishes the purpose of Part 3--
The Metropolitan Landfill Schedule and provides that it must
include specified information and not be inconsistent with any
relevant State environment protection policy, waste management
policy, waste management strategy published by Sustainability
Victoria or solid industrial waste management plan and sets out
the process for its development, consultation and approval.
Proposed section 50BD provides that the Metropolitan Waste and
Resource Recovery Strategic Plan takes effect on publication of a
notice in the Government Gazette stating that the Minister has
endorsed the Plan and that it remains in effect until the Minister
publishes a notice in the Government Gazette stating that the
Minister has endorsed a new Plan.
Proposed section 50BE provides that the Metropolitan Waste and
Resource Recovery Strategic Plan may be amended and sets out
the process for development, consultation and approval of
amendments.
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Proposed section 50BF provides that regional waste management
plans applying to the metropolitan area and that are in force
under Division 2B of the Environment Protection Act 1970 at
the time of commencement of section 42 of the Environment
Protection (Amendment) Act 2006 will continue in effect until
the first Metropolitan Waste and Resource Recovery Strategic
Plan takes effect under proposed section 50BD.
Proposed section 50BG provides that the Metropolitan Waste and
Resource Recovery Strategic Plan must be reviewed within
4 years of any Plan taking effect or as required by the Minister
and that processes for the development, consultation and
approval of the Plan and its parts apply in respect of a review.
Proposed section 50BH provides that metropolitan councils must
perform their waste management functions in a manner that is
consistent with the Metropolitan Waste and Resource Recovery
Strategic Plan or, if disposing of waste outside of the
metropolitan area, the applicable regional waste management
plan. It also provides that non-metropolitan councils must not do
anything that is inconsistent with the Plan if disposing of waste
within metropolitan Melbourne and that any person involved in
the generation, management or transport of waste within the
metropolitan Melbourne region must not do anything that is
inconsistent with Plan in relation to waste while the waste is in
that region.
Proposed section 50BI provides that the Authority may refuse to
consider applications for landfill approvals in metropolitan
Melbourne if the applicant is in breach of any relevant
requirement of Part 3--The Metropolitan Landfill Schedule of
the Plan, and the Authority must refuse to issue a works approval
for a new landfill in metropolitan Melbourne that is not provided
for in the proposed sequence for the filling of available landfill
sites in that Schedule, except where specified conditions are
satisfied.
Clause 43 amends section 4(1) of the Act to insert definitions for "council"
"metropolitan council", "Metropolitan Local Governments' Waste
Forum", "metropolitan Melbourne", "Metropolitan Waste and
Resource Recovery Strategic Plan" and "Metropolitan Waste
Management Group"
Clause 44 inserts proposed section 50D which provides that Division 2A of
Part IX of the Act--Regional Waste Management Groups--
does not apply to metropolitan councils.
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PART 5--REGULATION OF THE PROVISION OF
PLASTIC BAGS
Clause 45 amends section 71 of the Act to introduce new heads of power to
enable the making of regulations--
· prescribing design criteria to define a "plastic bag";
· prohibiting the provision of a plastic bag by a retailer in
the course of a retail transaction without charging a
minimum prescribed amount;
· providing exemptions from the prohibition where the
plastic bag is provided for an approved prescribed
purpose, where the annual turnover of a retailer is less
than a prescribed amount or a retailer has entered into a
plastic bag reduction scheme accredited by the
Authority which contains prescribed requirements;
· prescribing the manner of recording a charge for the
provision of a plastic bag in a retail transaction,
prescribing records to be kept in relation to plastic bags
and the charging of an amount for the provision of
plastic bags by retailers and providing for information
from those records to be made available to the Authority
upon request;
· prescribing the process for applying for accreditation of
a plastic bag management scheme by the Authority and
on-going administration of such a scheme; and
· prescribing criteria to be considered by the Authority in
such an accreditation scheme and in the review and
revocation of such accreditation.
Clause 46 amends section 4(1) of the Act to insert a definition of "plastic
bag" for the purposes of the Act and any future Regulations.
Clause 47 consequentially amends section 31A of the Act to enable the
Authority to issue a pollution abatement notice for the purpose
of requiring compliance with obligations imposed through
regulations created under some of the new heads of power in
section 71 of the Act, and clarifying that a pollution abatement
notice may be issued by the Authority to require compliance with
any requirement imposed by such a regulation.
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PART 6--GENERAL AMENDMENTS
Clause 48 amends section 27A of the Act to clarify that the offence of
"dumping", "abandoning" or "permitting to be dumped or
abandoned" industrial waste at a place not being licensed to
accept industrial waste under the Act, or at a site which is
licensed to accept such waste without the knowledge or consent
of the license holder, also includes the actions of "depositing"
and "discarding" waste.
Clause 49 amends sections 31A and 31B of the Act to enable a single
pollution abatement notice or minor works pollution abatement
notice to be issued with respect to activities across multiple
premises or with respect to a process or activity carried on or
proposed to be carried on in Victoria. These changes will
improve the administrative efficiencies with which pollution
abatement notices can be used.
Clause 50 amends section 32 of the Act to rectify a typographical error, by
clarifying the jurisdiction and powers of the Victorian Civil and
Administrative Tribunal to review decisions of the EPA, a
delegated agency or a litter authority in relation to a "litter
abatement notice" occurs under section 45ZB of the Act, instead
of the misprinted section 45ZBA.
Clause 51 amends section 45J of the Act to rectify a typographical error in
section 45J(1). Section 45J(1) of the Act provides for certain
information to be provided to a person deemed guilty of a
littering offence under sub-section 45G(1) but makes no such
provision for a person deemed guilty of a littering offence under
section 45G(2). The reference to sub-section 45G(1) only is a
misprint, and has been amended to refer to both sub-sections (1)
and (2).
Clause 52 amends section 45ZK of the Act to rectify a typographical error,
clarifying that sub-section 45ZK(2) refers to a report under sub-
section 45ZK(1) instead of the misprinted sub-section 45ZK(2).
Clause 53 amends section 49AE of the Act to enable the Governor in
Council to make a declaration under section 49AD without the
requirements of section 49AE(1) being met if the Minister
certifies that a process equivalent to that required by section
49AE(1) has already been undertaken in the development of a
State environment protection policy, a waste management policy
or a national environment protection measure.
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Clause 54 amends section 50S of the Act to establish a differential levy for
prescribed industrial waste based on the classification of that
waste. The existing reference to the prescribed industrial waste
levy is being removed from Schedule D of the Act and a new
schedule E is being inserted. This new Schedule will establish a
differential landfill levy for the disposal of prescribed industrial
wastes categorised as Category B waste, Category C waste (not
being packaged waste asbestos) and Category C waste which is
packaged waste asbestos. The definitions of prescribed industrial
waste categories will be established in regulations, with section
71(1) being amended to enable this.
Clause 55 amends section 55 of the Act to enable an authorized officer to
require a corporation that has been issued a notice to clean up
pollution or take on-going management measures in relation to
the liability of its subsidiary, associated entity or related entity to
produce any reports, books, plans, maps, or documents in relation
to the conduct that caused liability under the notice to ensue.
This clause also enables authorized officers to make any
inspection, measurement or test in relation to a motor vehicle
where that motor vehicle has been lawfully stopped by an officer
authorised under section 13 of the Road Safety Act 1986.
Currently such inspection, measurement or testing may only be
undertaken in relation a vehicle lawfully stopped by a member of
the police force.
Clause 56 amends section 57A of the Act to enable an officer authorised
under section 14 of the Road Safety Act 1986 to sign a report
under section 57A(5) of the Act to the effect that the officer
lawfully stopped the motor vehicle which was being used on a
highway.
Clause 57 amends section 59AC of the Act to rectify a typographical error
that currently exists in section 59AC(5) of the Act.
Clause 58 inserts a new section 59AD into the Act to enable consent for an
indictable matter to be heard summarily to be given in a
defendant's absence by an Australian legal practitioner or a ships'
agent (as defined in section 61(3) of the Act). This provision is
modelled on section 24C of the Pollution of Waters by Oil and
Noxious Substances Act 1986.
Clause 59 amends section 60C of the Act to rectify a typographical error in
sub-sections 60C(3) and 60C(4).
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Clause 60 clarifies that a notice issued to a corporation under section 62A of
the Act may direct that on-going management measures, as well
as the clean up of pollution be undertaken. The clause also
inserts a new section 62A(1AA) into the Act which enables the
issue of a notice to undertake clean up or on-going management
measures to a corporation in relation to the liability of a
subsidiary, associated entity or related entity (as defined by the
Commonwealth Corporations Act 2001) in limited
circumstances.
Clause 61 repeals section 63A of the Act which prescribed a time limit for
commencing proceedings, as it is no longer operational.
Clause 62 amends section 66B of the Act to remove the defence under
section 66B(1A)(a) and 66B(4B)(a) in relation to directors
and people concerned in the management of a corporation.
This brings the Act into line with changes in directors duties
and due diligence obligations.
Clause 63 inserts new sections 67D to 67G into the Act to provide for the
making and acceptance of enforceable undertakings in relation to
an offence under any Act or regulations in respect of which the
Authority may take proceedings.
Proposed section 67D enables the Authority to enter into a
written undertaking which may be entered into in appropriate
circumstances, to be outlined in guidelines, which will be made
under section 67F. Sub-section 67D(3) provides that a person
may withdraw or vary an undertaking with the consent of the
Authority. Sub-section 67D(4) provides that while an
undertaking is in force, proceedings may not be brought for the
offence in respect of which the undertaken has been given.
Sub-section 67D(5) provides that if a person withdraws from an
undertaking prior to it being fulfilled, proceedings may be
brought for the offence in respect of which the undertaking was
given. Sub-section 67D(6) provides that, if a person complies
with the requirements of an undertaking, no further proceedings
may be brought for an offence in respect of which the
undertaking was given.
Proposed section 67E sets out the remedies that are available to
the Court if an undertaking is breached, and the remedies
available to the Authority if a person fails to comply with a Court
order.
Proposed section 67F provides that the Authority may make
guidelines for the purposes of section 67D and the process the
Authority must undertake to publish those guidelines or make
notification of any variation or revocation of the guidelines.
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Proposed section 67G provides that the Authority must maintain
a register of all undertakings given under section 67D and the
register must include certain details. A person may inspect the
register without charge.
Clause 64 amends section 71 of the Act to make provision for a new head of
power to make regulations for or with respect to a national
environment protection measure.
Clause 65 amends section 72(1) of the Act to provide for the adoption of a
national environment protection measure into regulations with or
without modification.
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