Environment Protection Act 2017

Part 14.7—Exemptions 446

459AA Notice and payment of additional application fee 446

459 Exemptions 446

459A Timing for dealing with applications for exemptions 449

459B Authority may require additional information 449

Part 14.8—Impersonation, interference, and information offences 450

460 Impersonation 450

461 False representations relating to Authority approval 451

462 Interference with equipment 451

463 Provision of false information 452

Part 14.9—Interest 454

463A Authority may charge interest on unpaid fees 454

Chapter 15—Regulations 455

Part 15.1—Simplified outline 455

464 Simplified outline—Chapter 15 455

Part 15.2—Regulations 456

465 Regulations 456

465A Incorporation powers for certain documents 459

466 Effect of compliance with regulations 460

Chapter 16—Transitional provisions 461

Part 16.1—Simplified outline 461

467 Simplified outline—Chapter 16 461

Part 16.2—General 463

468 Definitions 463

469 General transitional provisions 464

Part 16.3—Transitional provisions: permissions, notices, directions and orders 465

Division 1—Permissions 465

470 When a new permission is the equivalent of an old permission 465

471 Continuation of permissions 466

471A New permissions issued or granted by council or Authority 466

471B New permissions equivalent to old permissions issued under section 20 of old Act 467

472 Amendment of new permissions by Authority 467

473 Continuation of exemptions 468

474 Pending application for old permission to be treated as application for new permission 469

475 Certain other pending applications 470

Division 2—Notices, directions and orders 470

476 Continuation of notices and directions 470

477 Notifiable chemical orders 471

Part 16.4—Transitional provisions: Environmental audits 472

478 Environmental audits 472

479 Certificates of environmental audits and statements of environmental audit 473

Part 16.6—Transitional provisions: financial matters 475

Division 1—Funds 475

488 Money standing to the credit of Environment Protection Fund 475

489 Money standing to the credit of General Landfill Levy account 475

490 Money standing to the credit of Municipal and Industrial Landfill Levy Trust Account 475

491 Money standing to the credit of Sustainability Fund Account 476

492 Priority statement and guidelines 476

Division 2—Landfill levy 476

493 Requirement to pay landfill levy 476

Division 3—Financial assurances 477

494 Transitional provision—financial assurances 477

Part 16.7—Transitional provisions: Continuation of certain appointments and roles 478

495 Litter enforcement officers 478

496 Residential noise enforcement officers 478

497 Environmental auditors 478

498 Analysts 479

Part 16.8—Transitional provisions: VCAT matters 480

499 General provisions relating to VCAT 480

Part 16.9—Transitional provisions: Regulations 482

Division 1—Saving of Environment Protection (Industrial Waste Resource) Regulations 2009 482

500 Saving of the Environment Protection (Industrial Waste Resource) Regulations 2009 482

Division 2—Saving of Environment Protection (Vehicle Emissions) Regulations 2013 482

501 Saving of the Environment Protection (Vehicle Emissions) Regulations 2013 482

Division 3—Transitional regulations 483

Part 16.10—Transitional provisions—Victorian Waste and Resource Recovery Infrastructure Planning Framework 484

503 Saving of the Victorian Waste and Resource Recovery Infrastructure Planning Framework 484

Chapter 17—Further transitional provisions 486

Part 17.1—Transitional provisions—Environment Legislation Amendment (Circular Economy and Other Matters) Act 2022 486

503A Definitions 486

504 Application fees 486

505 Time for determining applications, request for additional information 489

Schedule 1—Regulations 491

Schedule 2—Amount payable as waste levy 500

═════════════

Endnotes 502

1 General information 502

2 Table of Amendments 504

3 Explanatory details 507

Version No. 021

Environment Protection Act 2017

No. 51 of 2017

Version incorporating amendments as at

The Parliament of Victoria enacts:

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

Chapter 1—Preliminary

1 Purposes

The main purposes of this Act are—

(a) to provide for the continuation of the Environment Protection Authority; and

(b) to specify a new objective of the Environment Protection Authority; and

(c) to provide for a new governance structure of the continued Environment Protection Authority; and

(d) to provide for the Governing Board of the Environment Protection Authority; and

S. 1(e) inserted by No. 39/2018 s. 5(1).

(e) to set out principles of environment protection; and

S. 1(f) inserted by No. 39/2018 s. 5(1).

(f) to set out the legislative framework for the protection of human health and the environment from pollution and waste; and

S. 1(g) inserted by No. 39/2018 s. 5(1).

(g) to provide for a general environmental duty to minimise risks of harm to human health and the environment from pollution or waste; and

S. 1(h) inserted by No. 39/2018 s. 5(1).

(h) to establish a permissions scheme that enables the Environment Protection Authority to issue or grant development licences, operating licences, pilot project licences, permits and registrations; and

S. 1(i) inserted by No. 39/2018 s. 5(1).

(i) to provide a framework for the management of waste; and

S. 1(j) inserted by No. 39/2018 s. 5(1), repealed by No. 36/2022 s. 25.

S. 1(k) inserted by No. 39/2018 s. 5(1).

(k) to enable the Environment Protection Authority and authorised officers to ensure compliance with the Act and require action to manage risks of harm to human health and the environment from pollution or waste; and

S. 1(l) inserted by No. 39/2018 s. 5(1).

(l) to provide for a system of criminal and civil penalties; and

S. 1(m) inserted by No. 39/2018 s. 5(1).

(m) to provide for a system of civil remedies and compensation orders available to the Court; and

S. 1(e) renumbered as s. 1(o) by No. 39/2018 s. 5(2)(a), amended by No. 39/2018 s. 5(2)(b)(c).

(o) to make consequential amendments to the Public Administration Act 2004 and other Acts.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 July 2018, it comes into operation on that day.

3 Definitions

(1) In this Act—

S. 3(1) def. of activity inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

activity includes—

(a) the storage or possession of waste or any other substance or thing; or

(b) anything prescribed to be an activity;

S. 3(1) def. of advisory committee amended by No. 39/2018 s. 6(1).

advisory committee means a committee established under section 372;

S. 3(1) def. of agent of a vessel inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

agent of a vessel means a person or body that transacts business, in a port, on behalf of the owner or charterer of the vessel;

S. 3(1) def. of analysis inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

analysis includes the taking of a sample or any test, measurement, calculation or examination made for the purpose of determining—

(a) the characteristics of a matter or substance; or

(b) the effects of a discharge, emission or deposit of waste or pollution;

S. 3(1) def. of analyst inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

analyst means a person appointed as an analyst under section 245;

S. 3(1) def. of approved motor vehicle tester inserted by No. 36/2022 s. 26(1)(a).

approved motor vehicle tester means a person appointed in the prescribed role of approved motor vehicle tester;

S. 3(1) def. of associate inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

associate, of another person, means any of the following persons—

(a) a spouse, parent, brother, sister or child of the other person;

(b) a domestic partner of the other person within the meaning of section 39(1) of the Relationships Act 2008;

(c) a member of the other person's household;

(d) a person who is in a partnership within the meaning of the Partnerships Act 1958 with the other person;

(e) a person participating in the management of the same unincorporated body as the other person;

(f) a trustee or beneficiary of the same trust as the other person;

(g) a trustee of a trust of which the other person is a beneficiary;

(h) a beneficiary of a trust of which the other person is a trustee;

(i) if the other person is a body corporate, an officer or member of the governing body of the body corporate;

(j) a shareholder of the other person if the other person is a body corporate (other than a public company whose shares are listed on a stock exchange);

(k) a person with whom a chain of relationships with the other person can be traced under any one or more of the above paragraphs;

(l) a prescribed person;

S. 3(1) def. of associated entity inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

associated entity has the same meaning as in the Corporations Act;

S. 3(1) def. of authorised officer inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

authorised officer means a person appointed as an authorised officer under section 242;

S. 3(1) def. of authorised to receive industrial waste inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

authorised to receive industrial waste, in relation to a person or a place or premises, means any of the following—

(a) authorised by a permission to receive that type of industrial waste;

(b) exempt from a requirement to obtain a permission to receive that type of industrial waste;

(c) authorised under section 157(1) to receive that type of industrial waste;

(d) specified by operation of section 48 as not required to obtain a permission to receive that type of industrial waste;

(e) authorised by the regulations, or in accordance with a process prescribed by the regulations, to receive that type of industrial waste;

S. 3(1) def. of Authority amended by No. 39/2018 s. 6(2).

Authority means the Environment Protection Authority continued under section 356;

S. 3(1) def. of Barwon South West Waste and Resource Recovery Group inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 55/2021 s. 197(c).

S. 3(1) def. of Barwon South West Waste and Resource Recovery Region inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 55/2021 s. 197(c).

S. 3(1) def. of better environment plan inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

better environment plan means a better environment plan accepted by the Authority under section 182;

S. 3(1) def. of certificate of compliance inserted by No. 36/2022 s. 26(1)(a).

certificate of compliance means a certificate issued by an approved motor vehicle tester under regulations made under this Act;

S. 3(1) def. of Chairperson amended by No. 39/2018 s. 6(3).

Chairperson means the Chairperson of the Governing Board appointed under section 363;

S. 3(1) def. of chief environmental scientist amended by No. 39/2018 s. 6(4).

chief environmental scientist means the chief environmental scientist appointed under section 374;

S. 3(1) def. of chief executive officer amended by No. 39/2018 s. 6(5).

chief executive officer means the chief executive officer appointed under section 373;

S. 3(1) def. of civil penalty order inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

civil penalty order means an order made under Part 11.5;

S. 3(1) def. of civil penalty provision inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

civil penalty provision means a provision set out in the table in section 314;

S. 3(1) def. of clean up inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

clean up includes measures or activities—

(a) to investigate and assess the nature and extent of pollution or waste, including any harm or risk of harm to human health and the environment arising from the pollution or waste; and

(b) to remove, disperse, destroy, dispose of, abate, neutralise or treat pollution or waste; and

(c) to restore the environment to a state as close as practicable to the state it was in immediately before the discharge or emission of pollution or the deposit of waste, or to any other state, for the purposes of Part 10.9; and

(d) for the remediation of contaminated land; and

(e) for the ongoing management of pollution or waste; and

(f) to do anything necessary for, in connection with, or in relation to, the measures set out in paragraph (a), (b), (c), (d) or (e);

S. 3(1) def. of commence-ment day repealed by No. 39/2018 s. 6(8).

S. 3(1) def. of commercially sensitive information inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

commercially sensitive information means information that relates to matters of a business, commercial or financial nature, the disclosure of which would be likely to unreasonably expose a person, an authority or an associated entity to disadvantage;

S. 3(1) def. of compliance code inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

compliance code means a compliance code approved under section 100(1);

S. 3(1) def. of conduct inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

conduct, in relation to a business or undertaking, has the meaning given by subsection (4);

S. 3(1) def. of contaminated land inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

contaminated land has the meaning given in section 35;

S. 3(1) def. of corrupt conduct inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

corrupt conduct has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011;

S. 3(1) def. of council inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

council has the same meaning as Council has in section 3(1) of the Local Government Act 1989;

S. 3(1) def. of council officer inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

council officer means—

(a) a Chief Executive Officer within the meaning of section 3(1) of the Local Government Act 1989; or

(b) a member of Council staff within the meaning of section 3(1) of the Local Government Act 1989;

S. 3(1) def. of Court inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

Court means the County Court, the Magistrates' Court or the Supreme Court;

S. 3(1) def. of court officer inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

court officer means a magistrate or registrar of the Magistrates' Court;

S. 3(1) def. of dangerous litter inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

dangerous litter has the meaning given by section 112;

S. 3(1) def. of declared region inserted by No. 55/2021 s. 197(a).

declared region has the same meaning as in the Circular Economy (Waste Reduction and Recycling) Act 2021;

S. 3(1) def. of deposit inserted by No. 39/2018 s. 6(9) (as amended by Nos 27/2019 s. 11), amended by No. 36/2022 s. 26(1)(b).

deposit, in relation to litter and waste, means the act of parting with the possession of litter or waste and includes the disposal of litter or waste by burial or burning, and also includes burial or burning of litter or waste on land owned by or in the control or possession of the person responsible for burying or burning the litter or waste;

S. 3(1) def. of deputy Chairperson amended by No. 39/2018 s. 6(6).

deputy Chairperson means the deputy Chairperson of the Governing Board appointed under section 363;

S. 3(1) def. of designated place inserted by No. 35/2023 s. 35(1).

designated place has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of development licence inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

development licence means a licence issued under section 69;

S. 3(1) def. of Director, Transport Safety inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 34/2023 s. 127(Sch. 1 item 4.1(a)).

S. 3(1) def. of draft Regional Waste and Resource Recovery Implement-ation Plan inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), amended by No. 55/2021 s. 197(b), repealed by No. 36/2022 s. 26(2)(b).

S. 3(1) def. of draft State-Wide Waste and Resource Recovery Infrastructure Plan inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 36/2022 s. 26(2)(b).

S. 3(1) def. of economic instrument inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

economic instrument means a measure that provides financial incentives or disincentives for the purpose of encouraging protection of human health and the environment in economic activity, through incorporating the costs of harm and risks of harm, including but not limited to—

(a) a scheme in the nature of a tradeable permit scheme; and

(b) an environmental offset (however described);

S. 3(1) def. of eligible person inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

eligible person, in relation to an application under Part 11.4, has the meaning given by section 308(1);

S. 3(1) def. of enforceable undertaking inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

enforceable undertaking means an undertaking accepted by the Authority under section 300;

S. 3(1) def. of entertainment venue inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

entertainment venue means any premises or place where music is performed or played but does not include residential premises or a place of worship;

S. 3(1) def. of environment inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

environment means—

(a) the physical factors of the surroundings of human beings including the land, waters, atmosphere, climate, sound, odours and tastes; and

(b) the biological factors of animals and plants; and

(c) the social factor of aesthetics;

S. 3(1) def. of environment reference standard inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

environment reference standard means an environment reference standard made under section 93(1);

S. 3(1) def. of environmental action notice inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

environmental action notice means an environmental action notice issued under section 274;

S. 3(1) def. of environmental audit inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

environmental audit means an environmental audit conducted in accordance with section 208;

S. 3(1) def. of environmental audit report inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

environmental audit report means a report prepared under section 212;

S. 3(1) def. of environmental audit statement inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

environmental audit statement means an environmental audit statement prepared under section 210;

S. 3(1) def. of environmental auditor inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

environmental auditor means a person appointed as an environmental auditor under Division 1 of Part 8.3;

S. 3(1) def. of environmental value inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

environmental value means a use, an attribute or a function of the environment;

S. 3(1) def. of financial assurance inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

financial assurance means a financial assurance provided to the Authority in accordance with section 219;

S. 3(1) def. of general environmental duty inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

general environmental duty means the duty under section 25(1);

S. 3(1) def. of Gippsland Waste and Resource Recovery Group inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 55/2021 s. 197(c).

S. 3(1) def. of Gippsland Waste and Resource Recovery Region inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 55/2021 s. 197(c).

S. 3(1) def. of Goulburn Valley Waste and Resource Recovery Group inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 55/2021 s. 197(c).

S. 3(1) def. of Goulburn Valley Waste and Resource Recovery Region inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 55/2021 s. 197(c).

S. 3(1) def. of Governing Board amended by No. 39/2018 s. 6(7).

Governing Board means the Environment Protection Authority Governing Board under section 361;

S. 3(1) def. of Grampians Central West Waste and Resource Recovery Group inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 55/2021 s. 197(c).

S. 3(1) def. of Grampians Central West Waste and Resource Recovery Region inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 55/2021 s. 197(c).

S. 3(1) def. of greenhouse gas substance inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

greenhouse gas substance means—

(a) carbon dioxide, methane, nitrous oxide or sulphur hexafluoride, whether in a gaseous or liquid state; or

(b) a hydrofluorocarbon or a perfluorocarbon, whether in a gaseous or liquid state, that is specified in regulations made under the National Greenhouse and Energy Reporting Act 2007 of the Commonwealth;

S. 3(1) def. of groundwater inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

groundwater means any water contained in or occurring in a geological structure or formation or an artificial landfill below the surface of land;

S. 3(1) def. of Head, Recycling Victoria inserted by No. 55/2021 s. 197(a).

Head, Recycling Victoria has the same meaning as in the Circular Economy (Waste Reduction and Recycling) Act 2021;

S. 3(1) def. of human health inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

human health includes psychological health;

S. 3(1) def. of IBAC inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

IBAC means the Independent Broad-based Anti-corruption Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011;

S. 3(1) def. of IBAC personnel inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), amended by No. 31/2024 s. 113(Sch. 1 item 9).

IBAC personnel has the same meaning as it has in the Integrity Oversight Victoria Act 2011;

S. 3(1) def. of improvement notice inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

improvement notice means a notice issued under section 271(1);

S. 3(1) def. of industrial waste inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

industrial waste means—

(a) waste arising from commercial, industrial or trade activities or from laboratories; or

(b) waste prescribed to be industrial waste for the purposes of this definition;

S. 3(1) def. of information gathering notice inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

information gathering notice means a notice served by the Authority under section 255;

S. 3(1) def. of issue of environmental concern inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

issue of environmental concern means an issue that is declared to be an issue of environmental concern under section 160;

S. 3(1) def. of land inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

land means any land, whether publicly or privately owned, and includes—

(a) any buildings or other structures permanently affixed to the land; and

(b) groundwater;

S. 3(1) def. of law enforcement agency inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

law enforcement agency includes—

(a) a law enforcement agency within the meaning of the Privacy and Data Protection Act 2014; and

(b) any council;

S. 3(1) def. of liable person inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

liable person has the meaning given by section 144;

S. 3(1) def. of licence inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

licence means—

(a) a development licence; or

(b) an operating licence; or

(c) a pilot project licence;

S. 3(1) def. of licence activity inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

licence activity, in relation to a licence, means an activity specified in the licence;

S. 3(1) def. of litter inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

litter has the meaning given by section 112;

S. 3(1) def. of litter authority inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

litter authority includes—

(a) the Authority; or

(b) any other body created by or under an Act; or

(c) a Government department; or

(d) a council; or

(e) the Secretary, being the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987; or

(f) a body declared by Order of the Governor in Council under section 113 to be a litter authority;

S. 3(1) def. of litter enforcement officer inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), amended by No. 35/2023 s. 35(2).

litter enforcement officer means—

(a) a person appointed as a litter enforcement officer by the Authority under section 114(1); or

(b) a person appointed as a litter enforcement officer by a litter authority under section 114(2); or

(c) a person appointed as a litter enforcement officer by the Secretary under section 114(3); or

(d) an authorised officer; or

(e) a police officer; or

(f) a protective services officer who is on duty at a designated place or in the vicinity of police premises; or

(fa) in relation to any land or waters managed under a relevant law (within the meaning of the Conservation, Forests and Lands Act 1987), a person appointed under Part 3 of the Game Management Authority Act 2014; or

(g) a person appointed as an authorised officer under Part 3 of the Victorian Fisheries Authority Act 2016 for the purposes of this Act;

S. 3(1) def. of Local Government Waste Forum inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 55/2021 s. 197(c).

S. 3(1) def. of Loddon Mallee Waste and Resource Recovery Group inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 55/2021 s. 197(c).

S. 3(1) def. of Loddon Mallee Waste and Resource Recovery Region inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 55/2021 s. 197(c).

S. 3(1) def. of management or control inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

management or control, in relation to industrial waste or priority waste, means exercising management functions in relation to, or control over, the industrial waste or priority waste and includes the following—

(a) producing or generating waste;

(b) collecting, consigning, transferring or transporting waste;

(c) receiving, handling or storing waste;

(d) undertaking resource recovery or processing of waste;

(e) undertaking waste disposal;

S. 3(1) def. of Metropolitan Waste and Resource Recovery Group inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 55/2021 s. 197(c).

S. 3(1) def. of Metropolitan Waste and Resource Recovery Region inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 55/2021 s. 197(c).

S. 3(1) def. of motor vehicle inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

motor vehicle has the same meaning as in the Road Safety Act 1986;

S. 3(1) def. of municipal district inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

municipal district has the same meaning as in the Local Government Act 1989;

S. 3(1) def. of municipal waste inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

municipal waste means waste arising from municipal or residential activities, and includes waste collected by, or on behalf of, a council, but does not include industrial waste;

S. 3(1) def. of National Environment Protection Council inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

National Environment Protection Council means the National Environment Protection Council established by section 8 of the National Environment Protection Council (Victoria) Act 1995;

S. 3(1) def. of national environment protection measure inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

national environment protection measure means a national environment protection measure made under section 14(1) of the National Environment Protection Council (Victoria) Act 1995;

S. 3(1) def. of noise inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

noise includes sound and vibration;

S. 3(1) def. of North East Waste and Resource Recovery Group inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 55/2021 s. 197(c).

S. 3(1) def. of North East Waste and Resource Recovery Region inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 55/2021 s. 197(c).[1]

S. 3(1) def. of notice to investigate inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

notice to investigate means a notice to investigate issued under section 273;

S. 3(1) def. of notifiable contamination inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

notifiable contamination has the meaning given by section 37;

S. 3(1) def. of notifiable incident inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

notifiable incident has the meaning given by section 30;

S. 3(1) def. of officer inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

officer in relation to a body corporate means—

(a) a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or

(b) a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate;

S. 3(1) def. of operating licence inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

operating licence means a licence issued under section 74;

S. 3(1) def. of participant inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

participant, in a better environment plan, has the meaning given by section 179;

S. 3(1) def. of permission inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

permission means—

(a) a development licence; or

(b) an operating licence; or

(c) a pilot project licence; or

(d) a permit; or

(e) a registration;

S. 3(1) def. of permission activity inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

permission activity, in relation to a permission, means an activity specified in the permission;

S. 3(1) def. of permit inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

permit means a permit issued under section 81;

S. 3(1) def. of pilot project licence inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

pilot project licence means a licence issued under section 78;

S. 3(1) def. of place inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

place includes land, waters, a location, an area or a region;

S. 3(1) def. of police officer inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of police premises inserted by No. 35/2023 s. 35(1).

police premises has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of pollution inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

pollution includes any emission, discharge, deposit, disturbance or escape of—

(a) a solid, liquid or gas, or a combination of a solid, liquid or gas, including but not limited to smoke, dust, fumes or odour; or

(b) noise; or

(c) heat; or

(d) a thing prescribed for the purposes of this definition—

but does not include a thing prescribed not to be pollution for the purposes of this definition;

S. 3(1) def. of pollution incident inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

pollution incident has the meaning given by section 29;

S. 3(1) def. of position statement inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

position statement means a position statement published under section 105(1);

S. 3(1) def. of preliminary risk screen assessment inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

preliminary risk screen assessment means a preliminary risk screen assessment conducted under section 204;

S. 3(1) def. of preliminary risk screen assessment report inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

preliminary risk screen assessment report means a report prepared under section 207;

S. 3(1) def. of preliminary risk screen assessment statement inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

preliminary risk screen assessment statement means a preliminary risk screen assessment statement issued under section 205;

S. 3(1) def. of premises inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

premises includes a structure, building or vehicle;

S. 3(1) def. of prescribed role inserted by No. 36/2022 s. 26(1)(a).

prescribed role means a role prescribed under section 245(2);

S. 3(1) def. of priority waste inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

priority waste has the meaning given in section 138;

S. 3(1) def. of prohibited person inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

prohibited person has the meaning set out in section 88(1);

S. 3(1) def. of prohibition notice inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

prohibition notice means a notice issued under section 272(1);

S. 3(1) def. of protective services officer inserted by No. 35/2023 s. 35(1).

protective services officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of public entity inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

public entity has the same meaning as in the Public Administration Act 2004;

S. 3(1) def. of Public Register inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

Public Register means the Public Register established and maintained under section 455;

S. 3(1) def. of public sector body inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

public sector body has the same meaning as in the Public Administration Act 2004;

S. 3(1) def. of Regional Waste and Resource Recovery Implementation Plan inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 36/2022 s. 26(2)(b).

S. 3(1) def. of registered owner inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

registered owner means—

(a) in relation to a motor vehicle—the person who is registered as the registered operator of the motor vehicle under the Road Safety Act 1986 or a corresponding law of the Commonwealth, a State or a Territory; and

(b) in relation to a vessel—the person in whose name the vessel is registered under the Marine Safety Act 2010
or a corresponding law of the Commonwealth, a State or a Territory; and

(c) in relation to any other vehicle—the person who owns the vehicle (whether the vehicle is registered in any way or not);

S. 3(1) def. of registration inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

registration means a registration granted under section 85;

S. 3(1) def. of related entity inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

related entity has the same meaning as in the Corporations Act;

S. 3(1) def. of reportable priority waste inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

reportable priority waste means priority waste prescribed as reportable priority waste for the purposes of section 142 or 143, or both;

S. 3(1) def. of residential noise enforcement officer inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

residential noise enforcement officer means a person appointed as a residential noise enforcement officer under section 171;

S. 3(1) def. of residential noise improvement notice inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

residential noise improvement notice means a notice issued under section 172(1);

S. 3(1) def. of resource recovery inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

resource recovery in relation to waste, means—

(a) preparation for reuse of the waste;

(b) recycling the waste;

(c) reprocessing the waste;

(d) recovering energy or other resources from the waste;

(e) anything prescribed to be resource recovery in relation to waste—

but does not include anything prescribed not to be resource recovery in relation to waste;

S. 3(1) def. of Restorative Project Account inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

Restorative Project Account means the account established and maintained under section 447;

S. 3(1) def. of reuse inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

reuse, in relation to waste, means the use of the waste for a purpose that is the same or similar to the purpose for which it was used before it became waste;

S. 3(1) def. of Safe Transport Victoria inserted by No. 34/2023 s. 127(Sch. 1 item 4.1(b)).

Safe Transport Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

S. 3(1) def. of site inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

site means specified land or a specified parcel of land;

S. 3(1) def. of site management order inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

site management order means an order issued under section 275;

S. 3(1) def. of State-Wide Waste and Resource Recovery Infrastructure Plan inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 36/2022 s. 26(2)(b).

S. 3(1) def. of Sustainability Victoria inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

Sustainability Victoria means Sustainability Victoria established by section 5 of the Sustainability Victoria Act 2005;

S. 3(1) def. of unreasonable noise inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), substituted by Nos 36/2022 s. 26(1)(c), 35/2023 s. 35(3).

unreasonable noise means noise that is—

(a) unreasonable having regard to the following—

(i) its volume, intensity or duration;

(ii) its character;

(iii) the time, place and other circumstances in which it is emitted;

(iv) how often it is emitted;

(v) any prescribed factors; or

(b) prescribed to be unreasonable noise—

but does not include noise prescribed not to be unreasonable noise;

S. 3(1) def. of vehicle inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

vehicle includes—

(a) a vessel or aircraft; and

(b) a trailer attached to a vehicle;

S. 3(1) def. of vehicle inspection notice inserted by No. 35/2023 s. 35(1).

vehicle inspection notice means a notice under section 269A(1);

S. 3(1) def. of vessel inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

vessel has the same meaning as it has in the Marine Safety Act 2010;

S. 3(1) def. of Victorian Recycling Infrastructure Plan inserted by No. 36/2022 s. 26(2)(a).

Victorian Recycling Infrastructure Plan has the same meaning as VRIP has in the Circular Economy (Waste Reduction and Recycling) Act 2021;

S. 3(1) def. of Victorian Waste and Resource Recovery Infrastructure Planning Framework inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 36/2022 s. 26(2)(b).

S. 3(1) def. of waste inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

waste includes any of the following—

(a) matter, including solid, liquid, gaseous or radioactive matter, that is deposited, discharged, emitted or disposed of into the environment in a manner that alters the environment;

(b) a greenhouse gas substance emitted or discharged into the environment;

(c) matter that is discarded, rejected, abandoned, unwanted or surplus, irrespective of any potential use or value;

(d) matter prescribed to be waste;

(e) matter or a greenhouse gas substance referred to in paragraph (a), (b), (c) or (d) that is intended for, or is undergoing, resource recovery;

S. 3(1) def. of waste abatement notice inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

waste abatement notice means a notice issued under section 121(1);

S. 3(1) def. of Waste and Resource Recovery Group inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 55/2021 s. 197(c).

S. 3(1) def. of waste and resource recovery region inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11), repealed by No. 55/2021 s. 197(c).

S. 3(1) def. of waste disposal inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

waste disposal means any activity carried out in connection with the disposal of waste, but does not include resource recovery;

S. 3(1) def. of waste management facility inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

waste management facility includes a landfill, a transfer station, a composting facility, a facility to store or contain solid waste and a resource recovery facility;

S. 3(1) def. of waters inserted by No. 39/2018 s. 6(9) (as amended by No. 27/2019 s. 11).

waters includes the following—

(a) a reservoir, tank or billabong;

(b) an anabranch, canal, spring, swamp;

(c) a natural or artificial channel, lake, lagoon, waterway or dam;

(d) tidal water, coastal water or groundwater.

S. 3(2) substituted by No. 39/2018 s. 6(10).

(2) A reference in this Act to a person engaging in an activity includes a reference to a person who is conducting, undertaking, managing or in control of that activity.

S. 3(3) inserted by No. 39/2018 s. 6(10).

(3) A reference in this Act to waters includes a reference to—

(a) the bed and subsoil lying beneath those waters; and

(b) the airspace superjacent to those waters; and

(c) an open, piped or underground drain—

but does not include a reference to a drain that conveys waste to, or which forms part of, any works for the treatment of waste.

S. 3(4) inserted by No. 39/2018 s. 6(10).

(4) For the purposes of this Act, a person conducts a business or undertaking—

(a) whether or not the business or undertaking is conducted for profit or gain; and

(b) whether or not the business or undertaking is conducted by a government or public authority (however described)—

but a natural person does not conduct a business or undertaking merely because the person is engaged in an activity—

(c) that is primarily domestic or private and not conducted for profit or financial gain; or

(d) subject to Part 11.8, solely in the person's capacity as an employee or officer of another person or on a voluntary basis.

S. 3(5) inserted by No. 39/2018 s. 6(10).

(5) To avoid doubt, a reference in this Act to under this Act includes a reference to under the regulations under this Act, and this subsection has a corresponding effect in relation to references to other Acts.

New s. 4 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

4 What is *harm*?

(1) In this Act, harm, in relation to human health or the environment, means an adverse effect on human health or the environment (of whatever degree or duration) and includes—

(a) an adverse effect on the amenity of a place or premises that unreasonably interferes with or is likely to unreasonably interfere with enjoyment of the place or premises; or

(b) a change to the condition of the environment so as to make it offensive to the senses of human beings; or

(c) anything prescribed to be harm for the purposes of this Act or the regulations.

(2) For the purposes of subsection (1), harm may arise as a result of the cumulative effect of harm arising from an activity combined with harm arising from other activities or factors.

New s. 5 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

5 What is *material harm*?

(1) In this Act, material harm, in relation to human health or the environment means harm that is caused by pollution or waste that—

(a) involves an actual adverse effect on human health or the environment that is not negligible; or

(b) involves an actual adverse effect on an area of high conservation value or of special significance; or

(c) results in, or is likely to result in, costs in excess of the threshold amount being incurred in order to take appropriate action to prevent or minimise the harm or to rehabilitate or restore the environment to the state it was in before the harm.

(2) For the purposes of subsection (1), harm may become material harm regardless of the period of time in which the harm occurs and as a result of—

(a) a single occurrence of harm arising from an activity; or

(b) multiple occurrences of harm arising from the same activity; or

(c) the cumulative effect of harm arising from an activity combined with harm arising from other activities or factors.

(3) In this section, threshold amount means $10 000 or a higher amount prescribed by the regulations.

New s. 6 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

6 The concept of minimising risks of harm to human health and the environment

(1) A duty imposed on a person under this Act to minimise, so far as reasonably practicable, risks of harm to human health and the environment requires the person—

(a) to eliminate risks of harm to human health and the environment so far as reasonably practicable; and

(b) if it is not reasonably practicable to eliminate risks of harm to human health and the environment, to reduce those risks so far as reasonably practicable.

(2) To determine what is (or was at a particular time) reasonably practicable in relation to the minimisation of risks of harm to human health and the environment, regard must be had to the following matters—

(a) the likelihood of those risks eventuating;

(b) the degree of harm that would result if those risks eventuated;

(c) what the person concerned knows, or ought reasonably to know, about the harm or risks of harm and any ways of eliminating or reducing those risks;

(d) the availability and suitability of ways to eliminate or reduce those risks;

(e) the cost of eliminating or reducing those risks.

New s. 7 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

7 Application of Act

(1) This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

(2) This Act does not apply to a radiation source within the meaning of the Radiation Act 2005 unless a serious risk to human health or the environment from pollution or waste has arisen or is likely to arise.

New s. 8 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

8 Extraterritorial application of Act

(1) This Act extends to, and applies to and in relation to, the territorial seas adjacent to the coasts of Victoria.

S. 8(2) amended by No. 36/2022 s. 27.

(2) This Act extends to, and applies to, the discharge or deposit of pollution or waste into, or on to, the waters of the River Murray from any place or premises that is in Victoria and extends to, and applies in relation to, any permission issued or granted or any proceedings brought in relation to the discharge or deposit.

(3) A reference in this Act to waters includes a reference to the waters of the River Murray in respect of pollution or waste that has been deposited into, or on to, the waters of the River Murray from the Victorian bank of the River Murray.

New s. 9 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

9 Simplified outlines

A simplified outline of any portion of this Act set out in a section of this Act is intended only as a guide to readers as to the general scheme and effect of that portion of this Act.

Ch. 2 (Headings and new ss 10–23) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

Chapter 2—Principles of environment protection

Pt 2.1 (Heading and new s. 10) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

Part 2.1—Simplified outline

New s. 10 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

10 Simplified outline—Chapter 2

(2) Part 2.2 provides for the application of this Chapter.

(3) Part 2.3 sets out the principles of environment protection.

Pt 2.2 (Heading and new ss 11, 12) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

Part 2.2—Application of this Chapter

New s. 11 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

11 Specified principles of environment protection

(1) This Chapter specifies the principles of environment protection.

(2) It is the intention of Parliament that in the administration of this Act and the regulations regard should be given to the principles specified in this Chapter.

In making certain decisions under this Act the Authority or the Minister must take into account the principles of environment protection.

New s. 12 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

12 Effect of this Chapter

The Parliament does not intend by this Chapter to create in any person a legal right or give rise to any civil cause of action.

Pt 2.3 (Heading and new ss 13–23) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

Part 2.3—Principles of environment protection

New s. 13 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

13 Principle of integration of environmental, social and economic considerations

Environmental, social and economic considerations should be effectively integrated.

New s. 14 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

14 Principle of proportionality

A decision, action or thing directed towards minimising harm or a risk of harm to human health or the environment should be proportionate to the harm or risk of harm that is being addressed.

New s. 15 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

15 Principle of primacy of prevention

Prevention of harm to human health and the environment is preferred to remedial or mitigation measures.

New s. 16 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

16 Principle of shared responsibility

Protection of human health and the environment is a responsibility shared by all levels of Government and industry, business, communities and the people of Victoria.

New s. 17 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

17 Principle of polluter pays

Persons who generate pollution and waste should bear the cost of containment, avoidance and abatement.

New s. 18 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

18 Principle of waste management hierarchy

Waste should be managed in accordance with the following order of preference, so far as reasonably practicable—

(a) avoidance;

(b) reuse;

(c) recycling;

(d) recovery of energy;

(e) containment;

(f) waste disposal.

New s. 19 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

19 Principle of evidence-based decision making

Actions or decisions under this Act should be based on the best available evidence in the circumstances that is relevant and reliable.

New s. 20 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

20 Precautionary principle

If there exist threats of serious or irreversible harm to human health or the environment, lack of full scientific certainty should not be used as a reason for postponing measures to prevent or minimise those threats.

New s. 21 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

21 Principle of equity

(1) All people are entitled to live in a safe and healthy environment irrespective of their personal attributes or location.

(2) People should not be disproportionately affected by harm or risks of harm to human health and the environment.

(3) The present generation should ensure the state of the environment is maintained or enhanced for the benefit of future generations.

New s. 22 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

22 Principle of accountability

Members of the public should—

(a) have access to reliable and relevant information in appropriate forms to facilitate a good understanding of issues of harm or risks of harm to human health and the environment and of how decisions are made under this Act; and

(b) be engaged and given opportunities to participate in decisions made under this Act, where appropriate to do so; and

(c) have their interests taken into account in decisions made under this Act.

New s. 23 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

23 Principle of conservation

Biological diversity and ecological integrity should be protected for purposes that include the protection of human health.

Ch. 3 (Headings and ss 24–42) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

Chapter 3—Duties relating to environment protection

Pt 3.1 (Heading and new s. 24) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

Part 3.1—Simplified outline

New s. 24 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

24 Simplified outline—Chapter 3

(2) Part 3.2 provides for the general environmental duty in relation to risks of harm to human health and the environment from pollution and waste and an offence for aggravated breach of the general environmental duty.

(3) Part 3.3 provides for a transitional duty in relation to material harm.

(4) Part 3.4 provides for duties relating to pollution incidents.

(5) Part 3.5 provides for duties in relation to the management and notification of contaminated land.

Pt 3.2 (Heading and ss 25–27) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

Part 3.2—General environmental duty

New s. 25 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

25 General environmental duty

(1) A person who is engaging in an activity that may give rise to risks of harm to human health or the environment from pollution or waste must minimise those risks, so far as reasonably practicable.

Notes

See section 6 in relation to the concept of minimising risks of harm to human health and the environment.

Section 314 provides that subsection (1) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314. See also section 314(3).

(2) A person commits an offence if the person contravenes subsection (1) in the course of conducting a business or an undertaking.

(4) Without limiting subsection (1), a person who is conducting a business or an undertaking contravenes that subsection if the person fails to do any of the following in the course of conducting the business or the undertaking, so far as reasonably practicable—

(a) use and maintain plant, equipment, processes and systems in a manner that minimises risks of harm to human health and the environment from pollution and waste;

(b) use and maintain systems for identification, assessment and control of risks of harm to human health and the environment from pollution and waste that may arise in connection with the activity, and for the evaluation of the effectiveness of controls;

(c) use and maintain adequate systems to ensure that if a risk of harm to human health or the environment from pollution or waste were to eventuate, its harmful effects would be minimised;

(d) ensure that all substances are handled, stored, used or transported in a manner that minimises risks of harm to human health and the environment from pollution and waste;

(e) provide information, instruction, supervision and training to any person engaging in the activity to enable those persons to comply with the duty under subsection (1).

(5) Without limiting subsection (1), a person who is conducting a business or an undertaking and engaging in an activity that involves the design, manufacture, installation or supply of a substance, plant, equipment or structure, contravenes that subsection if the person fails to do any of the following in the course of conducting the business or the undertaking and engaging in the activity, so far as reasonably practicable—

(a) minimise risks of harm to human health and the environment from pollution and waste arising from the design, manufacture, installation or supply of the substance, plant, equipment or structure when the substance, plant, equipment or structure is used for a purpose for which it was designed, manufactured, installed or supplied;

(b) provide information regarding the purpose of the substance, plant, equipment or structure and any conditions necessary to ensure it can be used in a manner that complies with the duty under subsection (1).

New s. 26 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

26 Multiple contraventions of general environmental duty

(1) This section applies to—

(a) a contravention of the general environmental duty; or

(b) a contravention of the general environmental duty for which an officer of a body corporate (including a body corporate representing the Crown) is liable.

(2) Subject to any contrary court order, 2 or more contraventions may be charged as a single offence if the contraventions arise out of the same factual circumstances.

(3) If 2 or more contraventions are charged as a single offence, a single penalty only may be imposed in respect of the contraventions.

S. 27 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

27 Aggravated breach of the general environmental duty

(1) A person commits an offence if—

(a) the person intentionally or recklessly contravenes the general environmental duty; and

(b) the contravention results in material harm or is likely to result in material harm to human health or the environment from pollution or waste; and

(c) the person knew or reasonably should have known that the contravention would result in material harm or would be likely to result in material harm to human health or the environment from pollution or waste.

Penalty: In the case of a natural person, 4000 penalty units or 5 years imprisonment or both;

In the case of a body corporate, 20 000 penalty units.

Pt 3.3 (Heading and s. 28) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26), repealed by No. 51/2017 s. 28(7).

Pt 3.4 (Heading and ss 29–34) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

Part 3.4—Duties relating to pollution incidents

S. 29 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

29 Meaning of *pollution incident*

A pollution incident means an incident or a set of circumstances—

(a) that causes a leak, spill or other unintended or unauthorised deposit or escape of a substance; and

(b) as a result of which, pollution has occurred or is occurring—

but does not include an incident or a set of circumstances that solely involves the emission of noise.

S. 30 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

30 Meaning of *notifiable incident*

A notifiable incident means—

(a) a pollution incident that causes or threatens to cause material harm to human health or the environment; or

(b) a prescribed notifiable incident—

but does not include a prescribed excluded notifiable incident.

S. 31 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

31 Duty to take action to respond to harm caused by pollution incident

If a pollution incident has occurred as a result of an activity (whether by act or omission) and the pollution incident causes or is likely to cause harm to human health or the environment, a person who is engaging in that activity must, so far as reasonably practicable, restore the affected area to the state it was in before the pollution incident occurred.

S. 32 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

32 Duty to notify Authority of notifiable incidents

(1) This section applies to a person who is engaging or has engaged in an activity that results in a notifiable incident.

(2) The person must notify the Authority, as soon as practicable, after the person becomes aware or reasonably should have been aware of the occurrence of the notifiable incident.

Section 314 provides that subsection (2) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314. See also section 314(3).

(3) A person must notify the Authority under subsection (2) regardless of whether the notifiable incident is contained to—

(a) a single place or premises; or

(b) a place or premises that is occupied by or under the management or control of the person.

(4) A person commits an offence if the person contravenes subsection (2) in the course of conducting a business or an undertaking.

(5) A person is not required to notify the Authority under this section if the person is aware that a notification of a notifiable incident has already been made to the Authority in accordance with this section.

See section 72 of the Criminal Procedure Act 2009 which deals with the evidential burden of proof.

S. 33 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

33 Manner and form of notification of notifiable incidents

(1) A notification under section 32 must be made in the manner and form approved by the Authority.

(2) The following information must be provided to the Authority with a notification—

(a) the time, date and location of the notifiable incident;

(b) the nature of the notifiable incident;

(c) the circumstances in which the notifiable incident occurred (including the cause of the notifiable incident, if known);

(d) any action taken or proposed to be taken to deal with the notifiable incident;

(e) any other prescribed information.

(3) If any of the information required to be provided under subsection (2) is not known to a person at the time the person notifies the Authority, that information must be provided to the Authority in accordance with this section as soon as practicable after the person becomes aware of the information.

S. 34 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

34 Privilege against self-incrimination does not apply

(1) A person is not excused from notifying the Authority under section 32 on the grounds that the information provided by the person as part of a notification might tend to incriminate the person or make the person liable to a penalty.

(2) A notification or any information given by a person as part of a notification under section 32 is not admissible in evidence against the person in a proceeding for an offence or for the imposition of a penalty, other than a proceeding that relates to false or misleading information that is provided by the person in relation to a notification.

Pt 3.5 (Headings and ss 35–42) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

Part 3.5—Duties relating to contaminated land

Division 1—Core concepts and application of Part

S. 35 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

35 What is *contaminated* land?

(1) Subject to subsection (2), land is contaminated if waste, a chemical substance or a prescribed substance is present on or under the surface of the land, and the waste, chemical substance or prescribed substance—

(a) is present in a concentration above the background level; and

(b) creates a risk of harm to human health or the environment.

(2) Land is not contaminated—

(a) merely because waste, a chemical substance or a prescribed substance is present in a concentration above the background level in water that is on or above the surface of the land; or

(b) if any prescribed circumstances apply to the land.

S. 36 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

36 Background level of waste or substances

For the purposes of this Part, the background level of waste, a chemical substance or a prescribed substance in relation to land is—

S. 36(a) substituted by No. 36/2022 s. 28.

(a) the background level in relation to the waste, chemical substance or prescribed substance specified in or determined in accordance with—

(i) an environment reference standard; or

(ii) the regulations; or

(iii) a determination made by the Authority in accordance with the regulations; or

S. 36(b) substituted by No. 36/2022 s. 28.

(b) if paragraph (a) does not apply, the naturally occurring concentration of the waste, chemical substance or prescribed substance on or under the surface of the land in the vicinity of the land.

S. 37 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

37 What is *notifiable contamination*?

Notifiable contamination, in relation to contaminated land, means contamination that is—

(a) prescribed notifiable contamination; or

(b) if the regulations do not prescribe notifiable contamination by a particular waste, chemical substance or prescribed substance, contamination for which the reasonable cost of action to remediate the land is likely to exceed—

(i) $50 000; or

(ii) any other prescribed amount.

S. 38 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

38 Act applies whenever land contaminated

This Act applies to land that is contaminated before, on or after the commencement of this Act.

Division 2—Duties relating to contaminated land

S. 39 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

39 Duty to manage contaminated land

(1) A person in management or control of contaminated land must minimise risks of harm to human health and the environment from the contaminated land so far as reasonably practicable.

(2) For the purposes of subsection (1), minimising risks of harm to human health and the environment from contaminated land includes (but is not limited to) carrying out any of the following—

(a) identification of any contamination that the person knows or ought reasonably to know of;

(b) investigation and assessment of the contamination;

(c) provision and maintenance of reasonably practicable measures to minimise risks of harm to human health and the environment from the contamination, including undertaking clean up activities where reasonably practicable;

(d) provision of adequate information to any person that the person in management or control of the contaminated land reasonably believes may be affected by the contamination, including—

(i) sufficient information to identify the contamination; and

(ii) the results of investigation and assessment referred to in paragraph (b); and

(iii) the risks of harm to human health and the environment from the contamination;

(e) provision of adequate information to enable any person who is reasonably expected to become a person in management or control of the contaminated land to comply with the duty to manage contaminated land.

See section 6 in relation to the concept of minimising risks of harm to human health and the environment.

(3) A person in management or control of land may recover in a court of competent jurisdiction, as a debt due to the person, any reasonable costs incurred in complying with a duty under section 39(1) or 40(1), including any reasonable costs incurred by the person in taking action under this section, against any person responsible for causing or contributing to contamination of the land.

S. 40 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

40 Duty to notify of contaminated land

(1) A person in management or control of land must notify the Authority if the land has been contaminated by notifiable contamination as soon as practicable after the person becomes aware of, or reasonably should have become aware of, the notifiable contamination.

Section 314 provides that subsection (1) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314.

(2) A person commits an offence if the person contravenes subsection (1).

(3) For the purposes of subsection (1), whether a person in management or control of land becomes aware of, or reasonably should have become aware of, notifiable contamination is determined having regard to—

(a) the person's skills, knowledge and experience; and

(b) whether the person could practicably seek advice regarding the contamination; and

(c) any other circumstances of the contamination.

(4) Subsection (1) does not apply if—

(a) the person who is required to notify the Authority under subsection (1) is aware that a notification has already been made to the Authority in accordance with this section; or

(b) the notifiable contamination is a prescribed exempt notifiable contamination.

S. 41 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

41 Manner and form of notification

(1) If a person in management or control of land has a duty to notify of notifiable contamination in relation to the land, the person must give notice in a form approved by the Authority.

(2) The person must provide the following information to the Authority to the extent that the information is known to the person at the time of giving the notice—

(a) the location of the land;

(b) the activity resulting, or suspected as resulting, in the contamination;

(c) the nature and extent of the contamination;

(d) the nature of the risk of harm to human health and the environment from the contamination;

(e) any other prescribed information.

(3) The information required to be provided under subsection (2) is information that is known to a person at the time the person notifies the Authority.

(4) If any of the information required to be provided under subsection (2) is not known to a person at the time the person notifies the Authority, that information must be provided to the Authority in accordance with this section as soon as practicable after the person becomes aware of the information.

S. 42 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

42 Privilege against self-incrimination abrogated

(1) A person in management or control of land is not excused from the duty to notify of notifiable contamination in relation to the land on the grounds that the information provided by the person as part of a notification might tend to incriminate the person or make the person liable to a penalty.

(2) Any information given by a person as part of a notification under this Division is not admissible in evidence against the person in a proceeding for an offence or for the imposition of a penalty, other than a proceeding that relates to false or misleading information that is provided by the person in relation to a notification under this Division.

Ch. 4 (Headings and ss 43–91) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

Chapter 4—Permissions

Pt 4.1 (Heading and s. 43) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

Part 4.1—Simplified outline

S. 43 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

43 Simplified outline—Chapter 4

(2) This Chapter provides for the issue or grant of the following permissions—

(a) development licences;

(b) operating licences;

(c) pilot project licences;

(d) permits;

(e) registrations.

(3) Part 4.2 prohibits persons from engaging in specified or prescribed activities without a permission.

(4) Part 4.3 sets out—

(a) the application, transfer and amendment processes for permissions; and

(b) other provisions that apply to permissions generally.

(5) Part 4.4 sets out provisions that apply to development licences, operating licences and pilot project licences and applications relating to those licences.

(6) Part 4.5 sets out provisions that apply to permits and applications relating to permits.

(7) Part 4.6 sets out provisions that apply to registrations and applications relating to registrations.

(8) Part 4.7 provides that a prohibited person must not engage in a prescribed activity.

(9) Part 4.8 provides for an environment protection levy that is to be charged, levied and collected by the Authority.

Pt 4.2 (Heading and ss 44–48) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

Part 4.2—Permissions required for certain activities

S. 44 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

44 Development licences required for development activities

(1) A person must not engage in one or more of the following activities except as authorised by a development licence in respect of the activity—

(a) the construction or installation of plant or equipment for a prescribed development activity;

(b) the development of processes or systems for a prescribed development activity;

(c) the modification, other than general maintenance, of plant, equipment, processes or systems for a prescribed development activity or of the operation of a prescribed development activity—

(i) if the modification creates a risk of material harm to human health or the environment from pollution or waste; or

(ii) in prescribed circumstances.

Section 314 provides that subsection (1) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314.

(iii) an exemption granted to the person under section 80(1) that is in force in respect of the activity; or

(iv) requirements specified under section 48(a) in respect of the activity; or

(b) in respect of any action or thing that the person is required to take or do under an improvement notice or environmental action notice; or

S. 45 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

45 Operating licences required for operating activities

(1) A person must not engage in a prescribed operating activity except as authorised by an operating licence in respect of the activity.

Section 314 provides that subsection (1) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314.

(iii) an exemption granted to the person under section 80(2) that is in force in respect of the activity; or

(iv) requirements specified under section 48(b) in respect of the activity; or

(b) in respect of any action or thing that the person is required to take or do under an improvement notice or environmental action notice; or

S. 46 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

46 Permits required for permit activities

(1) A person must not engage in a prescribed permit activity except as authorised by a permit in respect of the activity.

Penalty: In the case of a natural person, 1000 penalty units;

In the case of a body corporate, 5000 penalty units.

Section 314 provides that subsection (1) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314.

(iii) an exemption granted to the person under section 82 or 83 that is in force in respect of the activity; or

(iv) requirements specified under section 48(c) in respect of the activity; or

(b) in respect of any action or thing that the person is required to take or do under an improvement notice or environmental action notice; or

S. 47 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

47 Registration required for registration activities

(1) A person must not engage in a prescribed registration activity, or an activity that is the subject of an Order under section 87(1), except as authorised by a registration in respect of the activity.

Section 314 provides that subsection (1) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314.

(i) requirements specified under section 48(d) in respect of the activity; or

(b) in respect of any action or thing that the person is required to take or do under an improvement notice or environmental action notice; or

S. 48 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

48 Determination that person does not require a permission

The Authority may, by notice published in the Government Gazette, specify requirements that a person may meet—

(a) to comply with section 44 if the person does not hold a development licence; or

(b) to comply with section 45 if the person does not hold an operating licence; or

(c) to comply with section 46 if the person does not hold a permit; or

(d) to comply with section 47 if the person does not hold a registration.

Pt 4.3 (Heading and ss 49–68) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

Part 4.3—General provisions relating to permissions

S. 49 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

49 Application of this Part

This Part applies subject to anything to the contrary in Part 4.4, 4.5 or 4.6.

S. 49A inserted by No. 36/2022 s. 29.

49A Definition

S. 49A def. of relevant permission application amended by No. 35/2023 s. 36.

relevant permission application means—

(a) an application under section 50 for a permission; or

(b) an application under section 56 for the transfer of a licence or permit; or

(c) an application under section 57 for the amendment of a licence or permit; or

(d) an application under section 59 for consent to surrender a licence or permit; or

(e) an application under section 68 for an exemption from the requirement to hold a permission in connection with the transport of reportable priority waste; or

(f) an application under section 80 for an exemption from the application of section 44; or

(fa) an application under section 80 for an exemption from the application of section 45; or

(g) an application under section 82 for an exemption from the application of section 46; or

(h) an application under section 83 for an exemption from the application of section 46; or

(i) an application under section 84 for the renewal of a permit.

S. 50 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

50 Form and contents of applications

(1) An application for a permission must—

S. 50(1)(b) amended by No. 36/2022 s. 30(1).

Note to s. 50(1)(b) inserted by No. 36/2022 s. 30(2).

(c) specify whether the application is for—

(i) a development licence; or

(ii) an operating licence; or

(iii) a pilot project licence; or

(iv) a permit; or

(v) a registration; and

(d) specify the activity in relation to which the permission is sought; and

(e) include any prescribed information.

(2) The Authority or a council—

(a) must not deal with an application that does not comply with this section; and

(b) must advise an applicant if an application does not comply with this section.

S. 50(3)(4) repealed by No. 36/2022 s. 30(3).

S. 50A inserted by No. 36/2022 s. 31.

50A Notice and payment of additional application fees

(1) In addition to the prescribed fee for the application, the Authority or council (as the case requires) may require an applicant for a relevant permission application to pay a fee for the application—

(a) at a time after the application is made and in addition to the fee for the application that is required to accompany the application; and

(3) The Authority or council to whom a fee under subsection (1) is payable must give the applicant written notice specifying the fee—

(a) no later than 10 business days after determining the application; or

(b) if inspection of works authorised by the permit is required after the application is determined, within 10 business days of the final inspection of the works.

(4) An applicant to whom a notice of a fee is given under subsection (3) must pay the fee specified in the notice within 20 business days after issue of the notice.

(5) This section does not apply to a relevant permission application referred to in paragraph (b), (d), (e) or (i) of the definition of relevant permission application.

S. 51 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

51 Authority may deal with application after expiry of determination period

(1) This section applies if, after receiving the application for a licence or permit that complies with section 50, the Authority or a council does not issue or refuses to issue the licence or permit within the period during which the Authority or council must determine the application.

(2) Nothing in this Chapter prevents the Authority or council from continuing to deal with the application.

The applicant may apply to VCAT for review of a failure to issue or refuse to issue the licence or permit within the period during which the Authority or council must determine the application—see section 4(2) of the Victorian Civil and Administrative Tribunal Act 1998.

S. 51A inserted by No. 36/2022 s. 32.

51A Authority or council may require additional information

The Authority or council (as the case requires) may require an applicant to provide the Authority or council with any information relating to a relevant permission application that the Authority or council considers necessary.

S. 51B inserted by No. 36/2022 s. 32.

51B Timing for consideration of application if more information required

The time in which the Authority or council must deal with a relevant permission application does not include—

(a) if the Authority or council requires information under section 51A, the period from the date that the Authority or council makes the request until the date on which the Authority or council receives the information; or

(b) any period that the Authority or council and the applicant agree is not to be included in that time.

S. 52 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

52 Notice of applications for development licences to be published

(1) On receiving an application that complies with section 50 for a development licence, the Authority must ensure that a notice in accordance with subsection (2) is published—

(a) on the Internet site of the Authority; and

(b) in at least one other publication that the Authority considers appropriate, taking into consideration the Charter of Consultation developed under section 53.

(2) A notice under subsection (1) must—

(a) state that an application for a development licence has been made; and

(b) describe the activity that is the subject of the application; and

(c) contain any prescribed information; and

(d) invite public comments or submissions within the time specified in the notice, being not less than 15 business days from the publication of the notice; and

(e) state that, if the notice for the proposed development licence is intended to be combined under section 70(a) with a notice for works given under the Environment Effects Act 1978, any submissions referred to in paragraph (d)—

(i) must be made together with any submissions made for the Environment Effects Statement relating to the works; and

(ii) despite paragraph (d), must be made within the time limits within which the submissions must be made for that Environment Effects Statement.

S. 52A inserted by No. 36/2022 s. 33.

52A Authority may refuse certain applications inconsistent with Victorian Recycling Infrastructure Plan

(1) This section applies to the following—

(a) any application for a permission in relation to a waste management facility;

(b) any application to amend a permission in relation to a waste management facility.

(2) The Authority may refuse an application, or refuse to consider an application, if it appears that the operations of the waste management facility may be inconsistent with a Victorian Recycling Infrastructure Plan made under Part 2A of the Circular Economy (Waste Reduction and Recycling) Act 2021.

(3) The Authority may refuse an application, or refuse to consider an application, if the application proposes the expansion of an existing landfill site and it appears that—

(a) the operations of the landfill site as so expanded may be inconsistent with a Victorian Recycling Infrastructure Plan that is in effect; or

(b) the proposed expansion may be inconsistent with the schedule of landfill sites in a Victorian Recycling Infrastructure Plan that is in effect.

(4) Subject to subsection (5), the Authority must refuse to consider an application that proposes a new landfill site if the proposed site is not a future landfill site included in the schedule of landfill sites in a Victorian Recycling Infrastructure Plan that is in effect.

(5) The Authority must not refuse to consider an application under subsection (4) if—

(a) the proposed site is privately owned; and

(b) the Authority is satisfied that the site will only receive waste consisting of substances that were owned by the owner of the site before the substances became waste.

(6) The Authority must give reasons in writing to any person whose application is not considered or is refused under this section.

S. 53 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

53 Authority must develop Charter of Consultation

(1) The Authority must develop a Charter of Consultation.

(2) The Charter of Consultation—

(a) must include guidelines relating to processes for determining applications for permissions; and

(b) must include guidelines for the public notification of, and consultation relating to, applications for permissions; and

(c) must include any prescribed matters; and

(d) may include any other matters that the Authority considers appropriate.

(3) The Authority must publish the Charter of Consultation on the Internet site of the Authority.

S. 54 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

54 Permission conditions

(1) The Authority or a council may issue a permission subject to conditions specified in the permission.

(2) Without limiting subsection (1), the Authority or council may specify that a permission is subject to a condition—

(a) specifying measures the permission holder must take to comply with the general environmental duty when engaging in the permission activity; or

(b) specifying measures the permission holder must take to meet the objects set out in section 111 when engaging in the permission activity; or

S. 54(2)(c) amended by No. 36/2022 s. 34.

(c) ensuring that the permission activity is engaged in consistently with the Victorian Recycling Infrastructure Plan; or

(d) relating to the commissioning of plant or equipment, including the setting of performance standards for the commissioning of plant or equipment; or

(e) relating to the monitoring, testing or analysis of any impacts of engaging in the permission activity; or

(f) requiring the permission holder to provide monitoring data, information or performance reports to the Authority or council, the public or both; or

(g) relating to consultation with the local community; or

(h) requiring the permission holder to report to the Authority or council on compliance with the conditions of the permission; or

(i) relating to pollution incident planning, reporting or responses; or

(j) relating to the cessation of the permission activity; or

(k) requiring the permission holder to provide a financial assurance; or

(l) relating to any prescribed matter.

(3) Without limiting subsection (1), the Authority or council may specify that a permission is subject to a condition—

(a) that the permission activity must only be engaged in at a specified place or using a specified vehicle; or

(b) requiring a person or class of persons approved by the Authority or council to engage in a specified activity.

(4) For the purposes of subsection (2)(f), the Authority or council may specify in the permission—

(a) the intervals of time at which any monitoring data, information and performance reports must be supplied to the Authority or council or provided to the public; and

(b) the form and manner in which that data and information must be supplied to the Authority or council or provided to the public.

S. 55 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

55 Permission fees

The holder of a permission must pay any prescribed fee at the prescribed time or for the prescribed period.

S. 56 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

56 Transfer of licence or permit

(1) A person may, with the agreement of the holder of a licence or permit, apply for the transfer of that licence or permit to the applicant.

S. 56(3)(b) amended by No. 36/2022 s. 35(1).

S. 56(4) amended by No. 36/2022 s. 35(2).

(4) Subject to section 51B, the Authority or council must, within 20 business days after receiving an application under subsection (1)—

(a) refuse to transfer the licence or permit; or

(b) transfer the licence or permit subject to any conditions that the Authority or council considers appropriate.

(5) The Authority or council must refuse to transfer a licence or permit if the Authority or council considers that the applicant is not a fit and proper person to hold a licence or permit.

(6) The Authority or council must, as soon as practicable after making a decision under subsection (4), give the applicant and holder of the licence or permit written notice stating—

(b) in the case of a decision to transfer the licence or permit, the date on which the transfer takes effect; and

(c) in the case of a decision to refuse to transfer the licence or permit, or a decision to transfer the licence or permit subject to conditions—

(ii) that the applicant may apply to VCAT for review of the decision.

S. 57 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

57 Amendment of licence or permit on application

(1) The holder of a licence or permit may apply for the amendment of the licence or permit.

S. 57(3)(b) amended by No. 36/2022 s. 36(1).

Note to s. 57(3)(b) inserted by No. 36/2022 s. 36(2).

(4) On receiving an application under subsection (1), the Authority or council must—

(a) refuse to amend the licence or permit; or

(b) amend the licence or permit subject to any conditions that the Authority or council considers appropriate.

S. 57(5) amended by No. 36/2022 s. 36(3).

(5) Subject to section 51B, a decision under subsection (4) must be made within—

(a) in the case of an application to amend a licence, 42 business days after receiving the application; or

(b) in the case of an application to amend a permit made to the Authority—

(c) in the case of an application to amend a permit made to a council, the prescribed period.

(6) When determining whether to amend a licence or permit under this section, the Authority or council must take into account—

(a) in the case of a development licence, the considerations set out in section 69(3); and

(b) in the case of an operating licence, the considerations set out in section 74(3); and

(c) in the case of a pilot project licence, the considerations set out in section 78(2); and

(d) in the case of a permit, the considerations set out in section 81(3) and (4)(b) and (c).

(7) The Authority must refuse to amend a licence under this section if—

(a) the Authority considers that the activity specified in the licence as proposed to be amended poses an unacceptable risk of harm to human health or the environment; or

(b) in the case of an operating licence, the Authority considers the activity specified in the licence as proposed to be amended to be a development activity and the holder of the operating licence does not hold a development licence in respect of the activity; or

(8) The Authority or council must, as soon as practicable after making a decision under subsection (4), give the holder of the licence or permit written notice stating—

(b) in the case of a decision to amend the licence or permit, the date on which the amendment takes effect; and

(c) in the case of a decision to refuse to amend the licence or permit, or to amend the licence subject to conditions—

(ii) that the holder of the licence or permit may apply to VCAT for review of the decision.

S. 58 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

58 Amendment of permission on initiative of Authority or council

(1) The Authority or a council may amend, on its own initiative, a permission issued or granted by it—

(a) to correct any administrative or clerical errors in the permission; or

(b) to make an amendment required under the regulations; or

(c) in the case of a licence or a permit, to revoke or amend a condition of the licence or permit or to impose a new condition on the licence or permit; or

(d) in the case of a registration, to modify the application of the standard conditions to the registration.

(2) When determining whether to amend a licence or permit under subsection (1)(c), the Authority or council must take into account—

(a) in the case of a development licence, the considerations set out in section 69(3); and

(b) in the case of an operating licence, the considerations set out in section 74(3); and

(c) in the case of a pilot project licence, the considerations set out in section 78(2); and

(d) in the case of a permit, the considerations set out in section 81(3) and (4)(b) and (c).

(3) The Authority or council must, as soon as practicable after amending a permission under this section, give the permission holder written notice stating—

(a) the amendment and the reasons for the amendment; and

(b) the date on which the amendment takes effect; and

(c) in the case of an amendment made under subsection (1)(c), that the holder of the licence or permit may apply to VCAT for review of the decision.

S. 59 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

59 Surrender or revocation of permissions on application

(1) The holder of a licence or permit may apply for consent to surrender the licence or permit.

S. 59(3)(b) amended by No. 36/2022 s. 37(1).

S. 59(4) amended by No. 36/2022 s. 37(2).

(4) Subject to section 51B, the Authority or council must, within 20 business days after receiving an application under subsection (1)—

(a) consent to the surrender of the licence or permit subject to any conditions that the Authority or council considers appropriate; or

(b) refuse to consent to the surrender of the licence or permit.

(5) The Authority or council may refuse to consent to the surrender of a licence or permit if the Authority or council considers that the holder of the licence or permit has, when engaging in the licence activity or permit activity—

(a) contravened the general environmental duty or the duty imposed under section 39; or

(b) failed to comply with a condition of the licence or permit.

(6) The Authority or council must refuse to consent to the surrender of a licence or permit if the Authority or council considers that the holder of the licence or permit is continuing to engage in the licence activity or permit activity.

(7) The Authority or council must, as soon as practicable after making a decision under subsection (4), give the holder of the licence or permit written notice stating—

(b) in the case of a decision to consent to the surrender of the licence or permit—

(i) the date on which the surrender takes effect; and

(ii) that the surrender does not take effect unless the holder of the licence or permit complies with any conditions to which the surrender is subject by that date; and

(c) in the case of a decision to refuse to consent to the surrender of the licence or permit—

(ii) that the holder of the licence or permit may apply to VCAT for review of the decision.

(8) The surrender of a licence or permit does not take effect unless the holder of the licence or permit has met any conditions imposed by the Authority or council on the surrender.

(9) The Authority or council must revoke the following permissions if the holder of the permission requests in writing that it be revoked—

(a) a registration;

(b) a licence or permit that specifies an activity prescribed for the purposes of this section.

S. 59(10) amended by No. 14/2025 s. 30.

(10) The Authority or council must give the holder of the permission written notice of a revocation under subsection (9) that specifies the date on which the revocation takes effect.

S. 60 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

60 Suspension of permission

(1) The Authority or a council may suspend a permission issued or granted by it, in relation to any or all of its permission activities, if—

(a) the Authority or council believes on reasonable grounds that the holder of the permission has contravened this Act or the regulations; or

(b) the Authority or council does not consider the holder of the permission to be a fit and proper person to engage in those permission activities; or

(c) the Authority or council believes on reasonable grounds that the holder of the permission has given materially incorrect or misleading information to the Authority or council or that the permission was obtained or renewed because of materially incorrect or misleading information; or

(d) the holder of the permission has not paid any prescribed fee in relation to the permission; or

(e) the Authority or council is satisfied of any prescribed matter.

(2) If the Authority or a council proposes to suspend a permission under subsection (1), the Authority or council must give the holder of the permission written notice stating—

(a) the permission activities in relation to which the Authority or council proposes to suspend the permission; and

(b) the reasons for the proposed suspension; and

(c) that the holder may, within 10 business days after receiving the notice, make submissions to the Authority or council in relation to the proposed suspension.

(3) The Authority or council must consider any submission under subsection (2)(c) before deciding whether or not to suspend the permission.

(4) The Authority or council must, as soon as practicable after making a decision whether or not to make a proposed suspension, give the holder of the permission written notice stating—

(b) in the case of a decision to make the suspension—

(ii) the period of suspension (which must not begin before notice is given); and

(iii) that the holder of the permission may apply to VCAT for review of the decision—

(A) to make the suspension; or

(B) in respect of the period of suspension.

(5) During a period of suspension, a permission is not in force in respect of the permission activities to which the suspension relates, other than for any purposes specified in the notice under subsection (4).

(6) The Authority or council may remove a period of suspension made by it if, before the date on which the period of suspension expires, the Authority or council considers that the holder of the permission has rectified any circumstances on which the Authority or council based its decision to make the suspension.

(7) The Authority or council may extend a period of suspension made by it if, on the date on which the period of suspension expires, the Authority or council considers that the holder of the permission has not rectified any circumstances on which the Authority or council based its decision to make the suspension.

(8) If the Authority or council extends a period of suspension under subsection (7), the Authority or council must give the holder of the permission a written notice stating—

(a) the decision and reasons for the decision; and

(b) the period for which the suspension is extended; and

(c) that the holder of the permission may apply to VCAT for review of the decision—

(i) to extend the suspension; or

(ii) in respect of the period of the extension.

S. 61 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

61 Revocation of permission on Authority or council's initiative

(1) The Authority or a council may revoke a permission issued or granted by it if—

(a) the Authority or council believes on reasonable grounds that the holder of the permission has contravened this Act or the regulations; or

(b) the Authority or council does not consider the holder of the permission to be a fit and proper person to engage in the permission activities; or

(c) the Authority or council believes on reasonable grounds that the holder of the permission has given materially incorrect or misleading information to the Authority or council or that the permission was obtained or renewed because of materially incorrect or misleading information; or

(d) the holder of the permission has not paid any fee payable under this Chapter in relation to the permission; or

(e) the Authority or council is satisfied of any prescribed matter.

(2) The Authority or a council may revoke a permission issued or granted by it if the Authority or council considers that the holder of the permission—

(a) is no longer required to hold the permission; or

(b) no longer engages in the permission activity.

(3) If the Authority or council proposes to revoke a permission under subsection (1), the Authority or council must give the holder of the permission written notice stating—

(a) that the Authority or council proposes to revoke the permission and the reasons for the proposed revocation; and

(b) that the holder may, within 10 business days after receiving the notice, make submissions to the Authority or council in relation to the proposed revocation.

(4) The Authority or council must consider any submission under subsection (3)(b) before deciding whether or not to revoke a permission under subsection (1).

(5) The Authority or council must, as soon as practicable after making a decision whether or not to revoke a permission under subsection (1), give the holder of the permission written notice stating—

(b) in the case of a decision to revoke the permission—

(ii) the date on which the revocation takes effect; and

(iii) that the holder may apply to VCAT for review of the decision to revoke the permission.

(6) The Authority or council must, as soon as practicable after making a decision to revoke a permission under subsection (2), give the holder of the permission written notice stating—

(b) the reasons for the decision; and

(c) the date on which the revocation takes effect.

S. 62 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

62 Complying with permission

(a) the person is the holder of a permission that provides for how the person is to perform the duty or satisfy the obligation; and

(b) the person complies with the permission to the extent that the permission provides for performing the duty or satisfying the obligation.

S. 63 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

63 Breach of permission conditions—indictable offence

(1) A person must not breach a condition of a licence issued to the person.

Section 314 provides that subsection (1) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314.

(2) A person must not breach a condition of a permit issued to the person.

Penalty: In the case of a natural person, 1000 penalty units;

In the case of a body corporate, 5000 penalty units.

Section 314 provides that subsection (2) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314.

(3) A person must not breach a condition of a registration granted to the person.

Section 314 provides that subsection (3) is a civil penalty provision. The penalty for contravention of this civil penalty provision is set out in the table in section 314.

(4) Subsections (1), (2) and (3) do not apply to a breach of—

(a) a condition that is prescribed for the purposes of section 64; or

(b) a condition included in a class of conditions that is prescribed for the purposes of section 64; or

(c) a condition in circumstances prescribed for the purposes of section 64.

(5) An offence under subsection (1), (2) or (3) is an indictable offence.

These offences may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

S. 64 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

64 Breach of prescribed permission conditions

A person must not breach—

(a) a prescribed condition of a permission issued or granted to the person; or

(b) a condition of a permission issued or granted to the person that is included in a prescribed class of conditions; or

(c) a condition of a permission issued or granted to the person in prescribed circumstances.

An offence against this section is an infringement offence within the meaning of the Infringements Act 2006 (see section 307).

S. 65 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

65 Continuing effect of conditions

If a provision of this Act or the regulations requires a person to comply with a condition of a permission, the obligation to comply with that condition continues until the person complies with the condition, even if—

(a) the person has already been convicted of an offence for a failure to comply with the condition; and

(b) the condition required the person to comply within a particular period or before a particular day and that period has ended or that day has passed.

S. 66 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

66 Fit and proper persons

(1) When determining whether a person is a fit and proper person for the purposes of this Chapter, the Authority or a council must have regard to—

(a) the compliance with this Act, the Environment Protection Act 1970, the regulations and environment protection legislation of the Commonwealth, another State or a Territory by—

(i) the person; and

(ii) in the case of a natural person, any body corporate of which the person was an officer; and

(iii) in the case of a body corporate, any person who is an officer of the body corporate; and

(b) whether the person has demonstrated to the Authority or council that the person has the financial capacity to comply with any obligations imposed by a permission; and

(c) any other prescribed criteria.

(2) If a person is a prohibited person, the Authority or a council must not determine that the person is a fit and proper person for the purposes of this Chapter unless the Authority or council is satisfied that it is not contrary to the public interest to do so.

S. 67 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

67 Priority waste and landfill facilities

The Authority must not issue or grant a permission in relation to a landfill site for receiving priority waste prescribed as Category A priority waste.

S. 68 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

68 Exemptions for transporting reportable priority waste

(1) The Authority may, on application, grant an exemption from the requirement to hold a permission in connection with the transport of reportable priority waste if the Authority is satisfied that the applicant holds a valid authorisation to transport the reportable priority waste under the law of another State or a Territory of the Commonwealth.

S. 68(2)(c) amended by No. 36/2022 s. 38(1).

S. 68(3) amended by No. 36/2022 s. 38(2).

(3) Subject to section 51B, on receiving an application that complies with subsection (2), the Authority must, within 20 business days (or any shorter prescribed period) after receiving the application—

(4) When determining whether to grant an exemption, the Authority must take into account any prescribed matter.

(5) An exemption granted under subsection (3) may be revoked or amended by a written notice given by the Authority.

(6) An exemption granted under subsection (3) has no effect unless the conditions to which it is subject are complied with.

Pt 4.4 (Headings and ss 69–80) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

Part 4.4—Licences

Division 1—Development licences

S. 69 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

69 Development licences

(1) The Authority must, not later than 4 months after receiving an application for a development licence that complies with section 50—

(a) issue a development licence subject to any specified conditions that the Authority considers appropriate; or

(b) refuse to issue a development licence.

(2) The Authority must refer an application for a development licence to a prescribed agency for comment in the prescribed circumstances.

(3) When determining whether or not to issue a development licence, the Authority must take into account—

(a) any measures the applicant has taken or proposes to take in order to comply with the general environmental duty when engaging in the activity that is the subject of the application; and

(b) the impact of the activity on human health and the environment, including the impact on any environmental values identified in any relevant environment reference standard, taking into account any other activities being or proposed to be engaged in by the applicant or any other person; and

(f) if the regulations require the Authority to refer the application to a prescribed agency, any comments or submissions received from that agency; and

(g) any comments and submissions received—

(i) in response to the notice of the application published under section 52; and

(ii) within the time specified in that notice; and

(h) any prescribed matter.

(4) The Authority must refuse to issue the development licence if—

(a) the Authority considers that the activity that is the subject of an application poses an unacceptable risk of harm to human health or the environment; or

(b) the Authority determines that the person is not a fit and proper person to hold a development licence; or

(5) The development licence must specify the date on which the development licence expires.

(6) If the Authority decides to issue a development licence, the Authority must, within 5 business days of issuing the licence, take reasonable steps to notify each person who made a submission under section 52 in relation to the application for the licence of the following—

(a) the decision to issue the licence;

(b) that certain persons may seek review of the decision under section 434.

S. 70 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

70 Joint publication

The notice of an application for a development licence required under section 52 may be combined with—

(a) if the activity that is the subject of the application is works to which the Environment Effects Act 1978 applies, any notice given for those works under that Act; or

(b) if the activity requires a planning permit or the preparation of an amendment to a planning scheme under the Planning and Environment Act 1987, any notice required to be given for the application for that planning permit or the preparation of that amendment under that Act.

S. 71 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

71 Conditions of development licences

If a development licence specifies an activity that requires a planning permit or the preparation of an amendment to a planning scheme under the Planning and Environment Act 1987, the development licence must specify, as a condition of the development licence, that the development licence does not take effect until the applicant provides a copy of that planning permit or amendment to the Authority.

S. 72 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

72 Extension of term of development licences

The Authority may, subject to any conditions that the Authority considers appropriate, extend the period during which a development licence remains in force if the Authority is satisfied that the circumstances of the case justify that extension.

S. 73 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

73 Statement as to whether activity specified in development licence completed

(1) The holder of a development licence may apply, in the form and manner approved by the Authority, for a statement from the Authority as to whether the Authority considers the holder to have completed the activity specified in the development licence to the Authority's satisfaction.

(2) The Authority must provide a written statement under subsection (1) within 20 business days after receiving an application under that subsection.

Division 2—Operating licences

S. 74 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

74 Operating licences

(1) Subject to subsection (2), the Authority must, after receiving an application for an operating licence that complies with section 50—

(a) issue an operating licence subject to any specified conditions that the Authority considers appropriate; or

(b) refuse to issue an operating licence.

(2) The Authority must issue or refuse to issue an operating licence under subsection (1) within—

(a) 15 business days after receiving the application if—

(i) the applicant holds a development licence in respect of the activity that is the subject of the application; and

(ii) the Authority has provided to the applicant a statement under section 73 that the Authority considers the applicant to have completed the activity to the Authority's satisfaction; or

(b) in any other case, 42 business days after receiving the application.

(3) When determining whether or not to issue an operating licence, the Authority must take into account—

(a) any measures the applicant has taken or proposes to take in order to comply with the general environmental duty when engaging in the activity that is the subject of the application; and

(b) the impact of the activity on human health and the environment, including the impact on any environmental values identified in any relevant environment reference standard, taking into account any other activities being or proposed to be carried out by the applicant or any other person; and

(4) The Authority must refuse to issue an operating licence if—

(a) the Authority considers that the activity that is the subject of the application poses an unacceptable risk of harm to human health or the environment; or

(b) the Authority determines that the person is not a fit and proper person to hold an operating licence; or

(c) the Authority considers the activity that is the subject of the application to be a prescribed development activity and the applicant does not hold a development licence in respect of the activity; or

(d) any prescribed circumstances exist.

(5) Nothing in this Chapter prevents—

(a) the person who has applied for an operating licence in respect of an activity applying for a development licence in respect of the same activity; or

(b) the Authority determining that application for a development licence in accordance with Division 1.

S. 75 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

75 Term of operating licences

(1) Subject to subsection (2), if the Authority issues an operating licence after the commencement of this Chapter, the Authority must specify on the licence the period during which the licence remains in force.

(2) An operating licence may not remain in force—

(a) in the case of an operating licence that specifies a waste management activity that is engaged in at a current or former landfill site, for a period of more than 99 years; or

(b) in any other case, for a period of more than 20 years.

S. 76 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

76 Review of operating licences

(1) The Authority may, in accordance with the regulations, review an operating licence after the operating licence has been in force—

(a) for 4 years; or

(b) for any longer period determined by the Authority.

(2) If the Authority proposes to review a licence under subsection (1), the Authority must give at least 20 business days' written notice of the Authority's intention to do so to the holder of the licence.

(3) After reviewing a licence under subsection (1), the Authority may—

(a) vary the conditions of the licence; or

(b) revoke the licence.

(4) When determining whether or not to vary the conditions of a licence or revoke a licence under subsection (3), the Authority must take into account—

(a) any measures the holder of the licence has taken or proposes to take in order to comply with the general environmental duty when engaging in the licence activity; and

(b) the impact of the licence activity on human health and the environment, including the impact on any environmental values identified in any relevant environment reference standard, taking into account any other activities being or proposed to be carried out by the holder of the licence or any other person; and

Division 3—Pilot project licences

S. 77 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

77 Pilot project licences

(1) A person may apply under section 50 for a pilot project licence in respect of an activity that requires a development licence, an operating licence or a permit.

(2) The Authority must refuse to issue the pilot project licence if the Authority is satisfied that the activity specified in the application is not a research, development or demonstration activity.

(3) In determining whether an activity is a research, development or demonstration activity, the Authority must consider—

(a) the scale, dimensions, purpose, and duration of the activity; and

(b) the risks of harm posed by the activity to human health and the environment from pollution or waste.

S. 78 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

78 Consideration of application for pilot project licence

(1) On receiving an application for a pilot project licence that complies with section 50, the Authority must, within 22 business days of receiving the application, either—

(a) issue the pilot project licence subject to any specified conditions that the Authority considers appropriate; or

(b) refuse to issue the pilot project licence.

(2) When determining whether or not to issue a pilot project licence, the Authority must take into account—

(a) any measures the applicant has taken or proposes to take in order to comply with the general environmental duty when engaging in the activity that is the subject of the application; and

(b) the impact of the activity on human health and the environment, including the impact on any environmental values identified in any relevant environment reference standard, taking into account any other activities being or proposed to be carried out by the applicant or any other person; and

(3) The Authority must refuse to issue a pilot project licence if—

(a) the Authority determines that the applicant is not a fit and proper person to hold a pilot project licence; or

(b) the Authority considers that the activity specified in the application poses an unacceptable risk of harm to human health or the environment; or

S. 79 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

79 Duration and effect of pilot project licence

(1) A pilot project licence remains in force for the period specified in the licence, which must not be more than 5 years.

(2) The holder of a pilot project licence is exempted from the requirement to obtain a development licence, an operating licence or a permit in respect of the activities specified in the pilot project licence.

Division 4—Licence exemptions

S. 80 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

80 Application for licence exemptions

(1) A person may apply to the Authority for an exemption from the application of section 44 in respect of a prescribed development activity.

(2) A person may apply to the Authority for an exemption from the application of section 45 in respect of a prescribed operating activity.

(3) An application for an exemption under subsection (1) or (2) must—

S. 80(3)(c) amended by No. 36/2022 s. 39(1).

Note to s. 80(3)(c) inserted by No. 36/2022 s. 39(2).

S. 80(4) amended by No. 36/2022 s. 39(3).

(4) Subject to section 51B, on receiving an application that complies with subsection (3), the Authority must, within 20 business days (or any shorter prescribed period) after receiving the application—

(5) When determining whether to grant an exemption, the Authority must take into account any prescribed matter.

(6) An exemption granted under subsection (4) may be revoked or amended by a written notice given by the Authority.

(7) An exemption granted under subsection (4) has no effect unless the conditions to which it is subject are complied with.

Pt 4.5 (Heading and ss 81–84) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

Part 4.5—Permits

S. 81 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

81 Permits

(1) On receiving an application for a permit that complies with section 50, the Authority or the council to which the application was made must—

(a) issue the permit subject to any conditions that the Authority or council considers appropriate; or

(b) refuse to issue the permit.

(2) A decision under subsection (1) must be made within—

(a) in the case of an application made to the Authority—

(b) in the case of an application made to a council, the prescribed period.

(3) When determining whether to issue the permit, the Authority or council must take into account any prescribed matter.

(4) The Authority or council must refuse to issue the permit if—

(a) the Authority or council determines that the applicant for the permit is not a fit and proper person to hold the permit; or

(b) the Authority or council considers that the activity specified in the application poses an unacceptable risk of harm to human health or the environment; or

(5) A permit remains in force for—

(a) a period of 5 years; or

S. 82 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

82 Permit exemptions granted by the Authority

(1) A person may apply to the Authority for an exemption from the application of section 46 in respect of a prescribed permit activity administered by the Authority.

S. 82(2)(c) amended by No. 36/2022 s. 40(1).

Note to s. 82(2)(c) inserted by No. 36/2022 s. 40(2).

S. 82(3) amended by No. 36/2022 s. 40(3).

(3) Subject to section 51B, on receiving an application that complies with subsection (2), the Authority must, within 10 business days (or any shorter prescribed period) after receiving the application—

(4) When determining whether to grant an exemption, the Authority must take into account any prescribed matter.

(5) An exemption granted under subsection (3) has no effect unless the conditions to which it is subject are complied with.

S. 83 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

83 Permit exemptions granted by a council

(1) A person may apply to a council for an exemption from the application of section 46 in respect of a prescribed permit activity administered by a council.

(a) be made in the prescribed form and manner; and

S. 83(2)(c) amended by No. 36/2022 s. 41(1).

Note to s. 83(2)(c) inserted by No. 36/2022 s. 41(2).

S. 83(3) amended by No. 36/2022 s. 41(3).

(3) Subject to section 51B, on receiving an application that complies with subsection (2), a council must, within 10 business days (or any shorter prescribed period) after receiving the application—

(a) grant the exemption subject to any conditions the council considers appropriate; or

(4) When determining whether to grant an exemption, a council must take into account any prescribed matter.

(5) An exemption granted under subsection (3) has no effect unless the conditions to which it is subject are complied with.

S. 84 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

84 Renewal of permits

(1) The holder of a permit may apply for the renewal of the permit—

(a) in the case of a permit issued by the Authority, to the Authority; or

(2) An application for renewal must be made at least 15 business days before the day on which the permit is due to expire.

(3) An application for renewal must—

(i) in the case of a permit issued by the Authority, in a form and manner approved by the Authority; or

(ii) in the case of a permit issued by a council, in the prescribed form and manner; and

S. 84(3)(b) amended by No. 36/2022 s. 42(1).

(c) include any prescribed information.

(4) On receiving an application that complies with subsections (2) and (3), the Authority or council must—

(a) renew the permit; or

(b) refuse to renew the permit.

S. 84(5) amended by No. 36/2022 s. 42(2).

(5) Subject to section 51B, a decision under subsection (4) must be made within—

(a) in the case of an application made to the Authority—

(b) in the case of an application made to a council, the prescribed period.

(6) If the permit is due to expire before the end of the period described in subsection (5), the permit is taken to remain in force until the end of that period.

(7) When determining whether to renew a permit, the Authority or council must take into account any prescribed matter.

(8) A permit may be renewed for—

(a) a period of not more than 5 years; or

(9) A permit may be renewed more than once.

Pt 4.6 (Heading and ss 85–87) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

Part 4.6—Registrations

S. 85 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

85 Registration of prescribed activities

(1) Subject to subsection (3), on receiving an application for a registration that complies with section 50, the Authority is taken to have granted a registration for the activity that is the subject of the application to the applicant subject to any standard conditions.

(2) Within 10 business days after receiving an application for a registration that complies with section 50, the Authority must notify the applicant—

(a) that a registration has been granted; and

(b) the standard conditions to which the registration is subject.

(3) A registration remains in force until—

(a) for a period of 5 years or any shorter period prescribed in relation to a particular activity or class of activity; or

S. 85(3)(b) amended by No. 14/2025 s. 31.

(b) until the registration is revoked under section 61 or 59(9)(a)—

whichever is the earlier.

S. 86 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

86 Renewal of registrations

(1) The holder of a registration may apply to the Authority for the renewal of the registration.

(2) An application for renewal must be made before the day on which the registration is due to expire.

(3) An application for renewal must—

(a) be in any form and manner approved by the Authority; and

(b) be accompanied by any prescribed fee; and

(c) include any prescribed information.

(4) On receiving an application for the renewal of a registration that complies with this section, the Authority is taken to have renewed the registration subject to the standard conditions to which the registration was subject before the renewal.

(5) Within 10 business days after receiving an application for the renewal of a registration that complies with this section, the Authority must notify the applicant—

(a) that the registration has been renewed; and

(b) of the standard conditions to which the renewed registration is subject.

(6) A registration may be renewed for—

(a) a period of not more than 5 years; or

(7) A registration may be renewed more than once.

S. 87 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

87 Registration of non-prescribed activities

(1) The Governor in Council may by Order require a specified activity or class of activity to be subject to section 85, for a period of not more than 3 years, as if it were an activity prescribed to be subject to registration under that section.

(2) An Order made under this section may exempt persons from the operation of the Order in specified circumstances or if the person meets specified requirements.

Pt 4.7 (Heading and ss 88–90) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

Part 4.7—Persons prohibited from engaging in prescribed activities

S. 88 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

88 Certain persons prohibited from engaging in particular activities

(1) A person is a prohibited person if—

(a) within the preceding 10 years, the person has been convicted or found guilty of—

(i) an offence involving fraud, dishonesty or violence that was punishable by a term of imprisonment of 3 months or more at the time of the conviction or finding of guilt; or

(ii) an indictable offence against this Act or the Environment Protection Act 1970; or

(iii) an offence that, if committed in Victoria, would constitute an offence referred to in subparagraph (i) or (ii); or

(iv) an indictable offence against the Dangerous Goods Act 1985, the Equipment (Public Safety) Act 1994, the Occupational Health and Safety Act 2004 or the Planning and Environment Act 1987; or

(b) the Authority has revoked a permission held by the person under section 61(1); or

(c) any licence or permit issued to the person under a law of another State or a Territory that the Authority considers to be equivalent to a permission has been revoked on a ground equivalent to one or more of the grounds set out in section 61(1); or

(d) the person is an insolvent under administration; or

(e) the person is an externally-administered company under the Corporations Act; or

(f) in the case of a body corporate—

(i) one or more of the officers is a person referred to in paragraph (a), (b), (c) or (d); or

(ii) one or more of the officers is or was an officer of another body corporate that is or was a person referred to in paragraph (a), (b), (c) or (d).

(2) A prohibited person must not engage in an activity that is prescribed for the purposes of this section.

Penalty: In the case of a natural person, 240 penalty units or 2 years imprisonment or both;

Section 314 provides that subsection (2) is a civil penalty provision. The penalties for contravention of these civil penalty provisions are set out in the table in section 314.

(3) The Minister may recommend that an activity be prescribed for the purposes of this section only if the activity is not a permission activity and either—

(a) the activity relates to—

(i) the receiving, handling, storing, processing or disposal of waste; or

(ii) resource recovery; or

(b) the Minister is satisfied that the activity poses a serious risk of harm to human health or the environment.

(4) If, as the result of the operation of Part 11.8, a person who is an officer of a body corporate commits an offence against subsection (2), a sentence of imprisonment must not be imposed on the officer in respect of a conviction or finding of guilt in respect of that offence unless the body corporate was prohibited from engaging in the prescribed activity that was the subject of the offence because the officer is a prohibited person referred to in subsection (1)(a), (b), (c) or (d).

S. 89 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

89 Additional or alternative penalties for prohibited persons

(1) If—

(a) a prohibited person who is a natural person commits an offence against section 45, 46 or 47; and

(b) the permission activity that was the subject of the offence is prescribed for the purposes of this section—

a court may impose a penalty of up to 2 years imprisonment in addition to, or in place of, the penalty included in section 45, 46 or 47.

(2) If, as the result of the operation of Part 11.8, a person who is an officer of a body corporate commits an offence against section 45, 46 or 47, a sentence of imprisonment must not be imposed under subsection (1) on the officer in respect of a conviction or finding of guilt in respect of that offence unless the body corporate was prohibited from engaging in the prescribed activity that was the subject of the offence because the officer is a prohibited person referred to in section 88(1)(a), (b), (c) or (d).

S. 90 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

90 Applications by prohibited persons to engage in prescribed activity

(1) Subject to subsection (4), a prohibited person may apply to the Authority for authorisation—

(a) to engage in an activity prescribed for the purposes of section 88; or

(b) to be an officer of a body corporate that engages in an activity prescribed for the purposes of section 88.

(2) An application under this section must—

(a) be in the form approved by the Authority; and

(b) contain the information required by the Authority; and

(c) be accompanied by the documents required by the Authority; and

S. 90(2)(d) amended by No. 36/2022 s. 43(1).

(d) be accompanied by the prescribed fee (if any) for the application.

Note to s. 90(2)(d) inserted by No. 36/2022 s. 43(2).

An additional fee may be payable under section 90A.

(3) The Authority must, not later than 25 business days after receiving an application under this section—

(a) accept the application; or

(b) refuse the application.

(4) The Authority may accept an application—

(a) if the Authority is satisfied that it is not contrary to the public interest to do so; and

(b) subject to any conditions the Authority considers appropriate to protect the public interest.

S. 90(5) inserted by No. 36/2022 s. 43(3).

(5) The Authority may require an applicant to provide the Authority with any information relating to the application that the Authority considers necessary.

S. 90(6) inserted by No. 36/2022 s. 43(3).

(6) The time in which the Authority must deal with the application under this section does not include—

(a) if the Authority requires information under subsection (5), the period from the date that the Authority makes the request until the date on which the Authority receives the information; or

(b) any period that the Authority and the applicant agree is not to be included in that time.

S. 90A inserted by No. 36/2022 s. 44.

90A Notice and payment of additional application fee

(1) The Authority may require an applicant for an authorisation under section 90 to pay a fee for the application—

(3) The Authority must give an applicant who is required to pay a fee under subsection (1) written notice specifying the fee no later than 10 business days after determining the application.

(4) An applicant to whom a notice of a fee is given under subsection (3) must pay the fee specified in the notice within 20 business days after issue of the notice.

Pt 4.8 (Heading and s. 91) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

Part 4.8—Environment protection levy

S. 91 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

91 Environment protection levy

(1) Subject to and in accordance with this section, there is to be charged, levied and collected by the Authority a levy at the rate of 3 per cent of the fee prescribed for the purposes of this section in respect of any activity—

(a) for which a permission is required under this Act; and

(b) that has been prescribed as an activity in respect of which the levy is required to be paid.

(2) The levy is payable at the same time as the prescribed fee is payable under this Part.

(3) The Authority may after having regard to the record of compliance with the conditions applying to a permission in respect of any person liable to pay the levy, exempt the person in whole or in part from the payment of the levy as the Authority sees fit.

(4) If the levy in respect of any activity is not paid at the same time as the prescribed fee is payable under this Part, the Authority must suspend the permission or the application of the permission to the extent that it applies to that person until the

levy is paid and the amount of the levy which is outstanding bears interest at such rate per centum per annum as is set out in section 172(2) of the Local Government Act 1989.

Ch. 5 (Headings and ss 92–109) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

Chapter 5—Environment reference standards, compliance codes and position statements

Pt 5.1 (Heading and s. 92) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

Part 5.1—Simplified outline

S. 92 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

92 Simplified outline—Chapter 5

(2) Part 5.2 provides for the making, preparation and review of environment reference standards for assessing and reporting on environmental conditions in the whole or any part of Victoria.

(3) Part 5.3 provides for the making of compliance codes that provide guidance on how a person may comply with a duty or obligation under this Act.

(4) Part 5.4 enables the Authority to make a position statement setting out—

(a) how a provision of this Act or the regulations would apply to a class of persons or in specified circumstances; or

(b) how the Authority would exercise a discretion under a provision of this Act or the regulations.

(5) The effect of compliance codes and position statements is set out in Parts 5.3 and 5.4 respectively.

Pt 5.2 (Heading and ss 93–99) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

Part 5.2—Environment reference standards

S. 93 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

93 Environment reference standards

(1) The Governor in Council, on the recommendation of the Minister, may by Order published in the Government Gazette make an environment reference standard to be used to assess and report on environmental conditions in the whole or any part of Victoria.

(2) Without limiting subsection (1), an environment reference standard must identify environmental values to be achieved or maintained in the whole or any part of Victoria.

(3) An environment reference standard must specify—

(a) whether the area to which the standard applies is the whole or a part of Victoria; and

(b) if the standard does not apply to the whole of Victoria, the boundaries of the area to which the standard applies; and

(c) the elements of the environment to which the standard relates; and

(d) the environmental values identified for the area, or any part of the area, to which the standard applies.

(4) An environment reference standard may specify indicators and objectives to be used to measure whether an environmental value specified in the environment reference standard is being achieved or maintained.

(5) For the purposes of subsection (4), an environment reference standard may specify one or more of the following indicators or objectives—

(a) ambient environmental quality pollutant measures;

(b) ambient environmental quality ecological measures;

(c) measures of human health or the health of other species;

(d) targets for emissions of pollutants.

S. 94 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

94 Application of the Subordinate Legislation Act 1994 to environment reference standards

(1) Section 12F(1)(a) of the Subordinate Legislation Act 1994 applies to an environment reference standard as if the reference to a significant economic or social burden were a reference to a significant impact.

(2) The Subordinate Legislation Act 1994 applies to an environment reference standard as if a reference to a regulatory impact statement were a reference to an impact assessment prepared under section 95(1).

(3) Section 12H(1), (2) and (4) of the Subordinate Legislation Act 1994 do not apply to an environment reference standard.

S. 95 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

95 Preparation of environment reference standards

(1) Before recommending that the Governor make an environment reference standard, the Minister must ensure that an impact assessment for the standard is prepared that contains—

(a) the objectives and purposes of the standard; and

(b) a description of the methods used to prepare the standard; and

(c) any indicators and objectives for measuring whether environmental values are being achieved or maintained, other than those specified in the standard, that were considered during the preparation of the standard; and

(d) a description of the monitoring, evaluation and reporting requirements of the standard; and

(e) a description of the intended operation and impact of the standard.

(2) When determining whether to recommend whether an environment reference standard should be made, the Minister must take the principles of environment protection into account.

S. 96 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

96 Environment reference standard may incorporate NEPM

(1) Environment reference standards may apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published—

(2) Without limiting subsection (1), the Governor in Council may, subject to subsection (3), incorporate the whole or any part of a national environment protection measure in an environment reference standard.

(3) For the purposes of subsection (2), the Minister must consult with the National Environment Protection Council before recommending that an environment reference standard be made if it is proposed that the standard is to incorporate a measure that is more stringent than a national environment protection measure.

S. 97 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).

97 Review of environment reference standards

(1) Before the expiry of each review period, the Minister must determine whether an environment reference standard is to be—

(a) retained with or without amendment; or

(b) revoked.

(2) Before determining whether to retain or revoke an environment reference standard under subsection (1), the Minister must ensure that notice of the review is published in—

(a) the Government Gazette; and

(b) any publication that the Minister considers appropriate.

(3) A notice under subsection (2) must—

(a) summarise the environment reference standard; and

(b) specify where a copy of the standard can be obtained; and

(c) invite public comments or submissions on the standard within the time specified in the notice, being not less than 28 days from the publication of the notice.

(4) After considering any public comments or submissions received in response to the notice under subsection (3)(c), the Minister must—

(a) retain the standard without amendment; or

(b) retain the standard with amendments; or

(c) replace the standard; or

(d) revoke the standard.

(5) The replacement of an environment reference standard under subsection (4)(c) must be prepared in accordance with section 95.

(6) In this section—

review period, in relation to an environment reference standard, means the 10-year period that begins on the later of the following days—

(a) the day on which the standard is made;

(b) the day on which notice of a review of the standard is published in the Government Gazette.

S. 98 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).