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Environment Protection (Resource Efficiency)
Bill
As Sent Print
EXPLANATORY MEMORANDUM
General
This Bill introduces sustainability covenants into the Environment
Protection Act 1970 (the "Principal Act") to promote improvements in
resource use efficiency and reductions in ecological impact, and makes
changes to improve the operation of provisions of the Principal Act dealing
with waste management and resource recovery. This Bill also repeals the
Litter Act 1987 and re-enacts that Act with changes in the Principal Act and
makes minor amendments to the Local Government Act 1989 and the
Magistrates' Court Act 1989.
Clause Notes
PART 1--PRELIMINARY MATTERS
Clause 1 sets out the purposes of the Bill.
Clause 2 identifies the dates on which various provisions of the Bill will
commence.
PART 2--IMPROVING RESOURCE USE EFFICIENCY AND
REDUCING ECOLOGICAL IMPACT
Clause 3 amends section 13 of the Principal Act to give the Environment
Protection Authority (the "Authority") an additional power and
function.
Clause 4 amends the heading of Part IXA of the Principal Act.
Clause 5 inserts a new Division 1A into Part IXA of the Principal Act.
This Division enables the Authority to become a signatory to
sustainability covenants voluntarily entered into by industry
sectors to increase the efficiency with which they use resources
to produce products and services and to reduce their ecological
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541262 BILL LA AS SENT 11/6/2002
impact. The Division also provides the Governor in Council with
the power to declare that an industry has the potential to have a
significant impact on the environment. If such a declaration is
made and members of that industry do not enter into a
sustainability covenant, the Division enables the Authority to
require those members to prepare statements of ecological
impact. Companies with a demonstrated significant
environmental impact may be required to undertake further
action to improve their resource use efficiency or to reduce their
ecological impact. The regulatory provisions will not apply to
covenant signatories. The Division also enables the Authority to
produce guidelines and undertake audits for the purposes of the
Division.
Clause 6 amends the Principal Act to provide the Victorian Civil and
Administrative Tribunal with jurisdiction and powers to review
decisions of the Authority with respect to certain notices served
under Division 1A of the Part IXA.
Clause 7 inserts new section 36BA into the Principal Act to enable a
person served with a notice under Division 1A of Part IXA to
apply to the Victorian Civil and Administrative Tribunal for a
review of the decision.
Clause 8 amends Schedule A of the Principal Act to provide for an
infringement notice to be issued where there is a failure to
comply with a requirement under Division 1A of Part IXA.
PART 3--WASTE MANAGEMENT AND RESOURCE
RECOVERY
Division 1--Definitions and Waste Management Policies
Clause 9 amends the definition section of the Principal Act.
Clause 10 inserts a new section 16A into the Principal Act that enables the
Governor in Council, on the Authority's recommendation, to
declare waste management policy for any aspect of the
management of waste in Victoria.
Clause 11 makes consequential amendments to the Principal Act to omit
references to 'industrial' in certain provisions to widen the
operation of waste management policy to all forms of waste.
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Clause 12 inserts a new section 18E into the Principal Act to provide for
any industrial waste management policy currently in operation to
continue in force as a waste management policy.
Division 2--EcoRecycle Victoria
Clause 13 amends section 49B of the Principal Act to include solid
industrial waste planning and management within the functions
of EcoRecycle Victoria and consequentially amends section 49D
and section 49J of the Principal Act to reflect the new functions
of EcoRecycle Victoria.
Clause 14 amends section 49E of the Principal Act to provide an additional
ground for dismissal for members of EcoRecycle Victoria.
Clause 15 amends section 49J of the Principal Act to clarify that
EcoRecycle Victoria is required to provide a draft business plan
to the Minister and to require that the final plan submitted for
approval must include any amendments required by the Minister.
Clause 16 consequentially amends section 49K of the Principal Act to
ensure that EcoRecycle Victoria must also ensure that copies of
any solid industrial waste management plan it produces are sent
to the regional waste management groups.
Clause 17 inserts a new Division 2AA into Part IX of the Principal Act,
which provides for the preparation and content of solid industrial
waste management plans. The Division requires EcoRecycle
Victoria to prepare and submit a draft solid industrial waste
management plan to the Authority for approval and outlines the
matters the plan needs to address. The Division also outlines the
consultation EcoRecycle Victoria must undertake prior to
submitting a draft plan to the Authority. The Division provides
for the review, amendment and life of the plan. The Division
outlines those required to comply with the plan and enables the
Authority to refuse to consider works approval applications that
are inconsistent with the plan.
Division 3--Regional Waste Management Groups
Clause 18 amends section 50F of the Principal Act to clarify that regional
waste management groups formed under this section are public
bodies to which Part 7 of the Financial Management Act 1994
applies.
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Clause 19 amends section 50G of the Principal Act to clarify that regional
waste management groups formed under this section are public
authorities for the purposes of the Public Sector Management
and Employment Act 1998.
Clause 20 amends section 50H of the Principal Act to provide that the
functions of regional waste management groups are to plan for
municipal waste, to co-ordinate the activities of its members to
give effect to State policies, strategies and programs relating to
waste and to foster and facilitate best practices in waste
management.
Clause 21 amends section 50I of the Principal Act to enable regional waste
management groups to appoint other people with appropriate
skills and expertise to their boards.
Clause 22 amends section 50J of the Principal Act to clarify that the
reference to councils includes councils with municipal districts
outside Victoria.
Clause 23 inserts a new section 50KA into the Principal Act to clarify that
regional waste management groups can employ staff to assist
them to carry out their functions and that the pay and conditions
for those staff must be approved by the Minister.
Clause 24 amends section 50LA of the Principal Act to clarify that regional
waste management groups are required to provide a draft
business plan to the Minister and to require that the final plan
submitted for approval must include any amendments required by
the Minister.
Clause 25 inserts a new section 50LB into the Principal Act to enable the
Minister to issue written directions to regional waste
management groups.
Clause 26 substitutes new sections 50O and 50P into the Principal Act.
This has the effect of removing the ability of regional waste
management groups to compulsorily acquire land, introduces a
restriction on regional waste management groups undertaking
commercial activities and requires regional waste management
groups to divest themselves of land and assets used for the
purposes of such commercial activities.
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Clause 27 amends section 50R of the Principal Act to clarify the matters to
be addressed in regional waste management plans.
Clause 28 amends section 50RA of the Principal Act to ensure that all
people involved in the generation, management or transport of
waste must comply with regional waste management plans.
Clause 29 inserts a new section 50RAA, which outlines the consultation a
regional waste management group must undertake prior to
submitting a draft regional waste management plan to the
Authority.
Clause 30 amends section 50RE of the Principal Act to enable the Authority
to refuse to consider an application for works approval for a
waste management facility where the applicant is in breach of
the relevant regional waste management plan and to require the
Authority to refuse to consider a works approval application for a
landfill if the landfill is not provided for or is inconsistent with
the relevant regional waste management plan.
Clause 31 amends Schedule 1 to the Local Government Act 1989 to
clarify that the functions of councils include the management,
collection and disposal of municipal waste and resource recovery
and recycling.
Division 4--Landfill Levy
Clause 32 amends section 50S of the Principal Act and inserts a new
Schedule D to the Principal Act, which sets out the amount of
landfill levy payable for the purposes of the Principal Act.
Clause 33 amends sections 50SAA and 50SAB of the Principal Act to make
further changes concerning landfill levies.
Clause 34 repeals sections 50XD and 50XE of the Principal Act. These are
temporary provisions that will cease to have effect after 30 June
2002.
Clause 35 repeals the Resource Recovery Fund established under Division 7
of Part IX, and makes consequential amendments to section 70 of
the Principal Act to ensure that all landfill levies are to be paid
into the Environment Protection Fund.
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Clause 36 inserts new sections 70A to 70D into the Principal Act.
Section 70A provides that the Minister and the Treasurer are not
to apply money under section 70(6B)(b) unless 3 specified
conditions are met. Sections 70B to 70D provide further details
in relation to how the specified conditions are to be met.
Clause 37 makes minor and consequential amendments to sections 50SA,
50SB, 50XD and 71 of the Principal Act.
PART 4--LITTER
Clause 38 amends the definition section of the Principal Act.
Clause 39 amends section 4 of the Principal Act to ensure that any reference
to "waters" in respect of litter includes a reference to the waters
of the River Murray.
Clause 40 inserts a new Part VIAA into the Principal Act that deals with
litter and material that may become litter. The object of the Part
is to regulate litter and the distribution of material that may
become litter as well as to enable the removal of disorderly
objects and things. The Part provides for the integration of
existing litter offences into the Principal Act and establishes new
offences relating to those who commission material that may
become litter as well as specific offences for bill posting without
obtaining consent and for placing advertising material in
mailboxes that indicate no desire to receive that material.
The Part provides increased penalties for litter offences and
improved enforcement capabilities for litter authorities.
Clause 41 consequentially amends sections 32 and 37 of the Principal Act
to ensure that the Victorian Civil and Administrative Tribunal
jurisdiction continues to apply to certain litter provisions.
Clause 42 inserts a new section 36AA into the Principal Act to ensure that
individuals can continue to apply to the Victorian Civil and
Administrative Tribunal for review of certain litter authority
decisions.
Clause 43 inserts new sections 57B, 57C and 57D into the Principal Act to
establish certain certificates that might be relied upon as evidence
in proceedings.
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Clause 44 consequentially amends section 58 of the Principal Act to enable
prosecutors, including litter authorities, to serve reports or
certificates intended to be relied upon in proceedings with
summonses.
Clause 45 amends sections 59 and 59AC of the Principal Act to enable litter
enforcement officers and certain bodies and individuals to take
proceedings for litter offences and to appear in proceedings for
an offence.
Clause 46 amends section 63B of the Principal Act to include litter
enforcement officers in the definition of "prosecution officer" for
the purposes of Part VIIA.
Clause 47 amends section 69 of the Principal Act to ensure that penalties for
litter offences and infringements continue to be paid to the
relevant litter authority provided that litter authority has a
dedicated fund.
Clause 48 amends section 70 of the Principal Act to clarify that any money
received by the Authority in relation to Part VIIA is to be applied
for environment protection purposes.
Clause 49 amends Schedule A to the Principal Act to insert provisions for
litter offences for which infringement notices can be served.
Clause 50 repeals the Litter Act 1987.
Clause 51 consequentially amends the Road Safety Act 1986 and the
Transport Act 1970 to replace references to the Litter Act 1987
with the Principal Act.
PART 5--MISCELLANEOUS AMENDMENTS
Clause 52 repeals section 67AB of the Principal Act. Section 67AB
requires the imposition of a minimum penalty for repeat
offenders. The minimum penalty required has failed to keep pace
with the changes made to the penalty provisions of the Principal
Act since section 67AB was enacted. Because of the range of
penalties now provided for in the Principal Act it is considered
more appropriate to repeal this section than to attempt to update
it.
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Clause 53 amends Schedule 5 to the Magistrates' Court Act 1989 to
include authorized officers under the Principal Act as people in
whose presence a statement may be signed as an alternative to
swearing an affidavit.
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