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ENVIRONMENT PROTECTION ACT 2017 - NOTES

Version No. 009

No. 51 of 2017
Version incorporating amendments as at
1 October 2022

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Version No. 009

Environment Protection Act 2017

No. 51 of 2017

Version incorporating amendments as at
1 October 2022

Pt 1 (Heading) substituted as Ch. 1 (Heading) by No. 39/2018 s. 4.

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 7 June 2017

Legislative Council: 22 August 2017

The long title for the Bill for this Act was "A Bill for an Act to provide for the continuation of the Environment Protection Authority, to specify a new objective of the Authority, to provide for a new governance structure of the continued Authority, to provide for the Governing Board of the Authority and to make consequential amendments to the Environment Protection Act 1970 and the Public Administration Act 2004 and for other purposes."

The Environment Protection Act 2017 was assented to on 24 October 2017 and came into operation as follows:

Sections 1, 2, 4, 3032 on 1 January 2018: Special Gazette (No. 433) 12 December 2017 page 1; sections 3, 529, 3346 on 1 July 2018: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Environment Protection Act 2017 by Acts and subordinate instruments.

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Environment Protection Act 2017, No. 51/2017

Assent Date:

24.10.17

Commencement Date:

S. 46 on 1.7.18: s. 2(2)

Note:

S. 46 repealed Pt 4 (ss 2746) on 1.7.19

Current State:

This information relates only to the provision/s amending the Environment Protection Act 2017

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by Nos 27/2019, 3/2020, 11/2020, 47/2020)

Assent Date:

28.8.18

Commencement Date:

S. 19 on 28.8.18: s. 2(2) (as amended by No. 11/2020 s. 54); ss 418, 2023 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1

Current State:

This information relates only to the provision/s amending the Environment Protection Act 2017

Transport Legislation Amendment Act 2019, No. 49/2019[3]

Assent Date:

3.12.19

Commencement Date:

S. 186(Sch. 4 item 18) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1

Current State:

This information relates only to the provision/s amending the Environment Protection Act 2017

Circular Economy (Waste Reduction and Recycling) Act 2021, No. 55/2021

Assent Date:

14.12.21

Commencement Date:

Ss 192, 193, 197, 198, 200207, 209, 210 on 1.7.22: Special Gazette (No. 285) 7.6.22 p. 1

Current State:

This information relates only to the provision/s amending the Environment Protection Act 2017

Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022, No. 36/2022

Assent Date:

6.9.22

Commencement Date:

S. 27 on 1.7.21: s. 2(2)(a); s. 53 on 1.7.21: s. 2(2)(b); s. 58 on 1.7.21: s. 2(2)(c); ss 73, 74 on 1.7.21: s. 2(2)(d); s. 26(1) on 7.9.22: s. 2(3)(b); s. 28 on 7.9.22: s. 2(3)(c); s. 45 on 7.9.22: s. 2(3)(d); s. 46 on 7.9.22: s. 2(3)(e); s. 49 on 7.9.22: s. 2(3)(f); s. 52 on 7.9.22: s. 2(3)(g); ss 56, 57 on 7.9.22: s. 2(3)(h); s. 59 on 7.9.22: s. 2(3)(i); s. 62(3) on 7.9.22: s. 2(3)(j); s. 64(3)(4) on 7.9.22: s. 2(3)(k); s. 66(1)(2) on 7.9.22: s. 2(3)(l); s. 67 on 7.9.22: s. 2(3)(m); s. 71(3) on 7.9.22: s. 2(3)(n); s. 72 on 7.9.22: s. 2(3)(o)

Current State:

This information relates only to the provision/s amending the Environment Protection Act 2017

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    3     Explanatory details


[1] S. 3(1) def. of North East Waste and Resource Recovery Region (repealed): The amendment proposed by section 41 of the Alpine Resorts Legislation Amendment Act 2022, No. 9/2022 is not included in this publication due to the earlier repeal of the section 3(1) definition of North East Waste and Resource Recovery Region by section 197(c) of the Circular Economy (Waste Reduction and Recycling) Act 2021, No. 55/2021.

Section 41 reads as follows:

        41     Amendment of section 3 of the Environment Protection Act 2017

In section 3(1) of the Environment Protection Act 2017, in the definition of North East Waste and Resource Recovery Region

        (a)     before paragraph (a) insert

    "(aa)     Alpine Resorts Victoria, established under the Alpine Resorts (Management) Act 1997;";

        (b)     paragraphs (c), (f) and (g) are repealed.

[2] Pt 4 (Headings and ss 2746) (repealed): The amendment proposed by section 21 of the Environment Protection Amendment Act 2018, No. 39/2018 (as amended by Nos 27/2019, 3/2020, 11/2020, 47/2020) is not included in this publication due to the earlier repeal of Part 4 by section 46 of the Environment Protection Act 2017, No. 51/2017.

Section 21 reads as follows:

        21     Part 4 repealed

Part 4 of the Principal Act is repealed.

[3] Table of Amendments (Transport Legislation Amendment Act 2019): The amendment proposed by section 186(Schedule 4 item 18.1) of the Transport Legislation Amendment Act 2019, No. 49/2019 is not included in this publication because section 338(a) is not part of this Act on the commencement date of section 186(Schedule 4 item 18.1).

Section 186(Schedule 4 item 18.1) reads as follows:

        18     Environment Protection Act 2017

    18.1     In section 338(a), for "Roads Corporation" substitute "Secretary to the Department of Transport".



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