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This is a Bill, not an Act. For current law, see the Acts databases.
Environment Protection and Sustainability Victoria
Amendment Act 2014
No. of 2014
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 3
PART 2--AMENDMENTS TO THE ENVIRONMENT
PROTECTION ACT 1970 4
3 Definitions 4
4 Scheduled premises 10
5 New Division 2 of Part IX inserted 11
Division 2--Local Government Waste Forums 11
49B Local Government Waste Forums 11
6 Division 2AA of Part IX substituted 12
Division 2AA--Waste and Resource Recovery Groups 12
49C Waste and Resource Recovery Groups 12
49D Commencement of Waste and Resource Recovery
Groups 13
49E Waste and Resource Recovery Groups do not
represent the Crown 14
49F A Waste and Resource Recovery Group is a public
body and a public entity 14
49G Objectives of Waste and Resource Recovery Groups 15
49H Functions of Waste and Resource Recovery Groups 16
49I Powers of Waste and Resource Recovery Groups 17
49J Board of directors of Waste and Resource Recovery
Groups 18
49K The directors of Waste and Resource Recovery
Groups 18
49L Conditions of appointment of directors of Waste and
Resource Recovery Groups 20
49M Meetings of Waste and Resource Recovery Groups 20
49N Disclosure of interests of directors of Waste and
Resource Recovery Groups 21
i
Clause Page
49O Validity of decisions of Waste and Resource
Recovery Groups 23
49P Power of delegation of Waste and Resource Recovery
Groups 23
49Q Executive officers and Chief Executive Officer of
Waste and Resource Recovery Groups 24
49R Staff of Waste and Resource Recovery Groups 24
49S Minister may give directions to a Waste and
Resource Recovery Group 25
49SA Procurement directions and guidelines for Waste and
Resource Recovery Groups 25
49SB Annual business plans of Waste and Resource
Recovery Groups 25
49SC Application of Local Government Act 1989 27
7 New section 50LC inserted 27
50LC Winding up of a regional waste management group
by the Minister 27
8 Landfill levy--amount payable 29
9 Annual return 30
10 Notice to take clean up and on-going management measures 30
11 Schedule A 30
12 Schedule D 31
13 New Schedule DA inserted 31
SCHEDULE DA--Amount Payable as Landfill Levy from
1 July 2015 31
PART 3--FURTHER AMENDMENTS TO THE ENVIRONMENT
PROTECTION ACT 1970 32
14 Definitions 32
15 Powers, duties and functions of Authority 33
16 Approval of neighbourhood environment improvement plan 33
17 Repeal of Division 4A of Part III 33
18 Pollution abatement notice 33
19 Divisions 2AB to 2AD of Part IX substituted 33
Division 2AB--Victorian Waste and Resource Recovery
Infrastructure Planning Framework 33
50 Definition of the Victorian Waste and Resource
Recovery Infrastructure Planning Framework 33
50A Objectives of the Victorian Waste and Resource
Recovery Infrastructure Planning Framework 34
Division 2AC--State-Wide Waste and Resource Recovery
Infrastructure Plan 35
50AA Preparation of the State-Wide Waste and Resource
Recovery Infrastructure Plan and its objective 35
ii
Clause Page
50AB Content of State-Wide Waste and Resource Recovery
Infrastructure Plan 36
50AC Consultation during preparation of State-Wide Waste
and Resource Recovery Infrastructure Plan 37
50AD Minister's powers with respect to State-Wide Waste
and Resource Recovery Infrastructure Plan 38
50AE Publication of approval of State-Wide Waste and
Resource Recovery Infrastructure Plan 38
50AF Publication of State-Wide Waste and Resource
Recovery Infrastructure Plan 39
50AG Amendment and variation of State-Wide Waste and
Resource Recovery Infrastructure Plan 40
50AH Review of State-Wide Waste and Resource Recovery
Infrastructure Plan 40
Division 2AD--Regional Waste and Resource Recovery
Implementation Plans 41
50B Preparation of draft Regional Waste and Resource
Recovery Implementation Plans 41
50BA Objective of Regional Waste and Resource Recovery
Implementation Plans 42
50BB Content of Regional Waste and Resource Recovery
Implementation Plans 42
50BC Consultation during preparation of Regional Waste
and Resource Recovery Implementation Plans 44
50BD Further preparation of Regional Waste and Resource
Recovery Implementation Plans 44
50BE Publication of approval of Regional Waste and
Resource Recovery Implementation Plans 46
50BF Publication of Regional Waste and Resource Recovery
Implementation Plans 47
50BG Amendment of Regional Waste and Resource
Recovery Implementation Plans 48
50BH Consistency with Regional Waste and Resource
Recovery Implementation Plans 48
Division 2AE--Other provisions for the State-Wide Waste
and Resource Recovery Infrastructure Plan and Regional
Waste and Resource Recovery Implementation Plans 49
50C Authority may refuse applications for certain facilities
if Plans not observed 49
50CA Guidelines for Plans 50
20 Division 2A of Part IX repealed 51
21 Division 2B of Part IX repealed 51
22 Issue of transport permits 51
23 Fees 51
24 Powers etc. of authorized officers 51
iii
Clause Page
25 Environment Protection Fund 52
26 Restrictions concerning the distribution of money derived
from the general landfill levy 52
27 Priority statement 53
28 Restrictions concerning section 70A(b) guidelines 53
29 Sections 70D to 70F substituted 54
70D General Landfill Levy Account 54
70E Municipal and Industrial Landfill Levy Trust Account 54
70F Sustainability Fund Account 55
30 Regulations 56
31 New section 74 inserted 56
74 Transitional provisions--Environment Protection
and Sustainability Victoria Amendment Act 2014 56
32 Schedule A 58
PART 4--AMENDMENTS TO THE SUSTAINABILITY
VICTORIA ACT 2005 59
33 Definitions 59
34 Functions 59
35 Members 59
PART 5--AMENDMENTS TO THE ALPINE RESORTS
(MANAGEMENT) ACT 1997 61
36 Operation of other Acts in relation to alpine resorts 61
PART 6--REPEAL OF AMENDING ACT 62
37 Repeal of amending Act 62
ENDNOTES 63
iv
Environment Protection and
Sustainability Victoria Amendment Act
2014
No. of 2014
[Assented to ]
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Environment Protection Act
1970--
(i) to establish a new framework for
State-wide waste and resource recovery
planning; and
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Environment Protection and Sustainability Victoria Amendment Act 2014
No. of 2014
Part 1--Preliminary
s. 1
(ii) to establish new Waste and Resource
Recovery Groups to perform waste and
resource recovery functions; and
(iii) to change the process for determining
the landfill levy by using fee units
instead of dollar amounts; and
(iv) to change the method of distributing the
landfill levy; and
(v) to provide for the exemption of certain
occupiers of premises from the
requirement to obtain a works approval;
and
(vi) to repeal provisions relating to
Environment and Resource Efficiency
Plans; and
(vii) to change the process for renewing
permits to transport prescribed waste;
and
(viii) to repeal the requirement to lodge
prescribed industrial waste returns
annually; and
(ix) to amend provisions relating to clean up
notices; and
(b) to amend the Sustainability Victoria Act
2005--
(i) to amend the membership of
Sustainability Victoria; and
(ii) to make minor and consequential
amendments; and
(c) to amend the Alpine Resorts
(Management) Act 1997 to make a
consequential amendment.
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Part 1--Preliminary
s. 2
2 Commencement
(1) This Part and Parts 2 and 5 come into operation on
the day after the day on which this Act receives
the Royal Assent.
(2) Subject to subsection (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision of this Act does not come into
operation before 1 July 2015, it comes into
operation on that day.
__________________
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Part 2--Amendments to the Environment Protection Act 1970
s. 3
PART 2--AMENDMENTS TO THE ENVIRONMENT
PROTECTION ACT 1970
3 Definitions
See: (1) In section 4(1) of the Environment Protection
Act No.
8056. Act 1970 insert the following definitions--
Reprint No. 18
as at "Barwon South West Waste and Resource
26 July 2012
and
Recovery Group means the Waste and
amending Resource Recovery Group established for the
Act Nos
78/2012,
Barwon South West Waste and Resource
82/2012, Recovery Region;
30/2013 and
36/2013. Barwon South West Waste and Resource
LawToday:
www. Recovery Region means the region that
legislation. consists of the municipal districts of the
vic.gov.au
following councils--
(a) Borough of Queenscliffe Council;
(b) Colac-Otway Shire Council;
(c) Corangamite Shire Council;
(d) Glenelg Shire Council;
(e) Greater Geelong City Council;
(f) Moyne Shire Council;
(g) Southern Grampians Shire Council;
(h) Surf Coast Shire Council;
(i) Warrnambool City Council;
Gippsland Waste and Resource Recovery Group
means the Waste and Resource Recovery
Group established for the Gippsland Waste
and Resource Recovery Region;
Gippsland Waste and Resource Recovery Region
means the region that consists of the
municipal districts of the following
councils--
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(a) Bass Coast Shire Council;
(b) Baw Baw Shire Council;
(c) East Gippsland Shire Council;
(d) Latrobe City Council;
(e) South Gippsland Shire Council;
(f) Wellington Shire Council;
Goulburn Valley Waste and Resource Recovery
Group means the Waste and Resource
Recovery Group established for the
Goulburn Valley Waste and Resource
Recovery Region;
Goulburn Valley Waste and Resource Recovery
Region means the region that consists of the
municipal districts of the following
councils--
(a) Campaspe Shire Council;
(b) Greater Shepparton City Council;
(c) Mitchell Shire Council;
(d) Moira Shire Council;
(e) Murrindindi Shire Council;
(f) Strathbogie Shire Council;
Grampians Central West Waste and Resource
Recovery Group means the Waste and
Resource Recovery Group established for the
Grampians Central West Waste and
Resource Recovery Region;
Grampians Central West Waste and Resource
Recovery Region means the region that
consists of the municipal districts of the
following councils--
(a) Ararat Rural City Council;
(b) Ballarat City Council;
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(c) Central Goldfields Shire Council;
(d) Golden Plains Shire Council;
(e) Hepburn Shire Council;
(f) Hindmarsh Shire Council;
(g) Horsham Rural City Council;
(h) Moorabool Shire Council;
(i) Northern Grampians Shire Council;
(j) Pyrenees Shire Council;
(k) West Wimmera Shire Council;
(l) Yarrambiack Shire Council;
Local Government Waste Forum means a body
established under section 49B;
Loddon Mallee Waste and Resource Recovery
Group means the Waste and Resource
Recovery Group established for the Loddon
Mallee Waste and Resource Recovery
Region;
Loddon Mallee Waste and Resource Recovery
Region means the region that consists of the
municipal districts of the following
councils--
(a) Buloke Shire Council;
(b) Gannawarra Shire Council;
(c) Greater Bendigo City Council;
(d) Loddon Shire Council;
(e) Macedon Ranges Shire Council;
(f) Mildura Rural City Council;
(g) Mount Alexander Shire Council;
(h) Swan Hill Rural City Council;
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Metropolitan Waste and Resource Recovery
Group means the Waste and Resource
Recovery Group established for the
Metropolitan Waste and Resource Recovery
Region;
Metropolitan Waste and Resource Recovery
Region means the region that consists of the
municipal districts of the following
councils--
(a) Banyule City Council;
(b) Bayside City Council;
(c) Boroondara City Council;
(d) Brimbank City Council;
(e) Cardinia Shire Council;
(f) Casey City Council;
(g) Darebin City Council;
(h) Frankston City Council;
(i) Glen Eira City Council;
(j) Greater Dandenong City Council;
(k) Hobsons Bay City Council;
(l) Hume City Council;
(m) Kingston City Council;
(n) Knox City Council;
(o) Manningham City Council;
(p) Maribyrnong City Council;
(q) Maroondah City Council;
(r) Melbourne City Council;
(s) Melton Shire Council;
(t) Monash City Council;
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(u) Moonee Valley City Council;
(v) Moreland City Council;
(w) Mornington Peninsula Shire Council;
(x) Nillumbik Shire Council;
(y) Port Phillip City Council;
(z) Stonnington City Council;
(za) Whitehorse City Council;
(zb) Whittlesea City Council;
(zc) Wyndham City Council;
(zd) Yarra City Council;
(ze) Yarra Ranges Shire Council;
North East Waste and Resource Recovery Group
means the Waste and Resource Recovery
Group established for the North East Waste
and Resource Recovery Region;
North East Waste and Resource Recovery
Region means the region that consists of the
municipal districts of the following
councils--
(a) Alpine Shire Council;
(b) Benalla Rural City Council;
(c) Falls Creek Alpine Resort Management
Board;
(d) Indigo Shire Council;
(e) Mansfield Shire Council;
(f) Mount Hotham Alpine Resort
Management Board;
(g) Mount Buller and Mount Stirling
Alpine Resort Management Board;
(h) Towong Shire Council;
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(i) Wangaratta Rural City Council;
(j) Wodonga City Council;
public entity has the same meaning as it has in the
Public Administration Act 2004;
Secretary of the Department of Environment and
Primary Industries means the Department
Head of the Department of Environment and
Primary Industries within the meaning of the
Public Administration Act 2004;
Waste and Resource Recovery Group means a
body corporate established under
section 49C;
waste and resource recovery region means any of
the following--
(a) the Barwon South West Waste and
Resource Recovery Region;
(b) the Gippsland Waste and Resource
Recovery Region;
(c) the Goulburn Valley Waste and
Resource Recovery Region;
(d) the Grampians Central West Waste and
Resource Recovery Region;
(e) the Loddon Mallee Waste and Resource
Recovery Region;
(f) the Metropolitan Waste and Resource
Recovery Region;
(g) the North East Waste and Resource
Recovery Region;".
(2) In section 4(1) of the Environment Protection
Act 1970, the definition of metropolitan districts
is repealed.
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4 Scheduled premises
(1) In section 19A(4) of the Environment Protection
Act 1970, after "Act" insert ", or who is exempt
from the need to hold a licence under this Act,".
(2) In section 19A(5) of the Environment Protection
Act 1970, after "Act" insert ", or who is exempt
from the need to hold a licence under this Act,".
(3) In section 19A(6) of the Environment Protection
Act 1970, after "Act" insert ", or who is exempt
from the need to hold a licence under this Act,".
(4) After section 19A(6) of the Environment
Protection Act 1970 insert--
"(6A) The Authority may, by notice in writing
upon the application of the occupier of a
scheduled premises in respect of which a
licence is in force under this Act, or who is
exempt from the need to hold a licence under
this Act, exempt the occupier from
compliance with subsection (2).
(6B) The Authority may grant an exemption under
subsection (6A) if the Authority is satisfied
that the exemption will not result in a
discharge or emission to the atmosphere of
waste which by reason of volume, intensity,
location, constituency or manner affects
adversely--
(a) the quality of any segment of the
environment; or
(b) the interests of any person other than
the applicant.".
(5) In section 19A(7) of the Environment Protection
Act 1970, for "(5) or (6)" substitute "(5), (6)
or (6A)".
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(6) In section 19A(8) of the Environment Protection
Act 1970, for "(5) and (6)" substitute "(5), (6)
and (6A)".
5 New Division 2 of Part IX inserted
After Division 1A of Part IX of the Environment
Protection Act 1970 insert--
"Division 2--Local Government Waste Forums
49B Local Government Waste Forums
(1) There is to be a Local Government Waste
Forum for each waste and resource recovery
region consisting of representatives of the
councils in the region.
(2) Each council in a waste and resource
recovery region may nominate a
representative to a Local Government Waste
Forum for that region.
(3) The functions of a Local Government Waste
Forum are--
(a) to nominate the 4 persons who are to be
the representatives of the councils for
the purposes of section 49K(2)(a); and
(b) if there is a vacancy in the office of a
director nominated under section
49K(2)(a), to nominate a person to fill
that vacancy; and
(c) to advise the Board of directors of the
Waste and Resource Recovery Group
on matters and issues affecting the role
of councils in waste management and
resource recovery; and
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(d) to act as a conduit for consultation
between the Waste and Resource
Recovery Group and the councils in the
waste and resource recovery region of
that Group.
(4) A Local Government Waste Forum must
develop procedures for the purposes of
subsections (3)(a) and (3)(b) with the
councils.".
6 Division 2AA of Part IX substituted
For Division 2AA of Part IX of the Environment
Protection Act 1970 substitute--
"Division 2AA--Waste and Resource Recovery
Groups
49C Waste and Resource Recovery Groups
(1) Subject to section 49D, the following Waste
and Resource Recovery Groups are
established--
(a) the Barwon South West Waste and
Resource Recovery Group;
(b) the Gippsland Waste and Resource
Recovery Group;
(c) the Goulburn Valley Waste and
Resource Recovery Group;
(d) the Grampians Central West Waste and
Resource Recovery Group;
(e) the Loddon Mallee Waste and Resource
Recovery Group;
(f) the Metropolitan Waste and Resource
Recovery Group;
(g) the North East Waste and Resource
Recovery Group.
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(2) A Waste and Resource Recovery Group--
(a) is a body corporate with perpetual
succession; and
(b) has a common seal; and
(c) may sue and be sued in its corporate
name; and
(d) is capable of acquiring, holding and
disposing of personal property; and
(e) may take land on lease and grant sub-
leases of leased land; and
(f) subject to this Act, may do and suffer
all acts and things that a body corporate
may by law do and suffer.
(3) The common seal of a Waste and Resource
Recovery Group may only be used in a way
approved by the Waste and Resource
Recovery Group.
(4) All courts and people acting judicially must
take judicial notice of the common seal of a
Waste and Resource Recovery Group.
49D Commencement of Waste and Resource
Recovery Groups
(1) The Minister may, by Order published in the
Government Gazette, declare the date on
which a Waste and Resource Recovery
Group commences operation.
(2) If a Waste and Resource Recovery Group
has not commenced operation before 1 July
2015, the Waste and Resource Recovery
Group commences operation on that date.
(3) On the date on which the Metropolitan
Waste and Resource Recovery Group
commences operation--
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(a) the Metropolitan Waste and Resource
Recovery Group is taken to be the
successor in law of the Metropolitan
Waste Management Group; and
(b) the Board of directors of the
Metropolitan Waste Management
Group is taken to be the Board of
directors of the Metropolitan Waste and
Resource Recovery Group appointed
under section 49K; and
(c) any reference to the Metropolitan
Waste Management Group in any Act
other than this Act, regulation,
subordinate instrument or other
document is taken to be a reference to
the Metropolitan Waste and Resource
Recovery Group unless the contrary
intention appears.
49E Waste and Resource Recovery Groups do
not represent the Crown
A Waste and Resource Recovery Group is
not, and is not to be taken to represent, the
Crown.
49F A Waste and Resource Recovery Group is
a public body and a public entity
Despite section 49E, a Waste and Resource
Recovery Group is--
(a) a public body to which Part 7 of the
Financial Management Act 1994
applies; and
(b) a public entity for the purposes of the
Public Administration Act 2004.
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49G Objectives of Waste and Resource
Recovery Groups
(1) The objectives of a Waste and Resource
Recovery Group are--
(a) to undertake waste and resource
recovery infrastructure planning to
meet the future needs of its waste and
resource recovery region while
minimising the environmental and
public health impacts of waste and
resource recovery infrastructure; and
(b) to facilitate efficient procurement of
waste and resource recovery
infrastructure and services for its waste
and resource recovery region through
the collective procurement of waste
management facilities and waste and
resource recovery services in the
region; and
(c) to integrate regional and local
knowledge into State-wide waste and
resource recovery market development
strategies; and
(d) to educate businesses and communities
within its waste and resource recovery
region to reduce waste going to landfill
by using waste and resource recovery
infrastructure and services efficiently;
and
(e) to ensure Regional Waste and Resource
Recovery Implementation Plans and
programs are informed by local
government, business and community
and inform State-wide waste and
resource recovery planning and
programs.
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(2) In seeking to achieve its objectives, a Waste
and Resource Recovery Group must
collaborate with councils, Sustainability
Victoria, the Authority, industry, business
and the community.
49H Functions of Waste and Resource
Recovery Groups
The functions of a Waste and Resource
Recovery Group are--
(a) to plan for the future needs of waste
and resource recovery infrastructure
within its waste and resource recovery
region consistently with the State-Wide
Waste and Resource Recovery
Infrastructure Plan; and
(b) to facilitate the provision of waste and
resource recovery infrastructure and
services by councils within its waste
and resource recovery region; and
(c) to facilitate the development of
contracts for the joint procurement of
waste management facilities and waste
and resource recovery services within
its waste and resource recovery region;
and
(d) to manage contracts in the performance
of its objectives and functions; and
(e) to work with Sustainability Victoria,
councils, businesses and communities
to ensure State-wide waste and resource
recovery education programs are
adapted to the needs of its waste and
resource recovery region and to
facilitate the delivery of those
education programs; and
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(f) to advise, with Sustainability Victoria,
councils and businesses within its waste
and resource recovery region on best
practices for waste and resource
recovery systems, facilities and
services; and
(g) to support its waste and resource
recovery region's Local Government
Waste Forum to enable the Waste
Forum to perform its functions; and
(h) to undertake waste and resource
recovery projects as funded by
government, councils and other
organisations.
49I Powers of Waste and Resource Recovery
Groups
(1) Subject to subsection (2), a Waste and
Resource Recovery Group may do all things
that are necessary or convenient to enable it
to carry out its functions and achieve its
objectives.
(2) A Waste and Resource Recovery Group
cannot--
(a) own or operate a waste management
facility; or
(b) apply for or hold a planning permit; or
(c) enter into contracts for the procurement
of waste management facilities or waste
and resource recovery services, unless
the contract is jointly entered into with
a procurer under that contract.
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49J Board of directors of Waste and Resource
Recovery Groups
(1) There is to be a Board of directors of each
Waste and Resource Recovery Group
consisting of 8 directors appointed in
accordance with section 49K.
(2) The Board of directors of a Waste and
Resource Recovery Group--
(a) is responsible for the management of
the affairs of the Waste and Resource
Recovery Group; and
(b) may exercise all the powers of the
Waste and Resource Recovery Group.
49K The directors of Waste and Resource
Recovery Groups
(1) The directors of a Waste and Resource
Recovery Group are to be appointed by the
Governor in Council on the recommendation
of the Minister.
(2) Of the directors--
(a) 4 must be nominated in accordance
with section 49B by a Local
Government Waste Forum to the
Minister for recommendation under
subsection (1); and
(b) 4 must be recommended by the
Minister who--
(i) must recommend a person who, in
the opinion of the Minister, has
skills, experience or knowledge
that will assist the Waste and
Resource Recovery Group to carry
out its functions and achieve its
objectives; and
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(ii) must attempt to ensure that
collectively the directors of the
Waste and Resource Recovery
Group have skills, experience or
knowledge relating to local
government, financial
management, contract
management, risk management,
environmental policy, waste
management and materials
efficiency.
(3) A person cannot be nominated or
recommended for appointment as a director
if the person--
(a) is an insolvent under administration; or
(b) has been convicted of an indictable
offence or has been imprisoned for any
offence within the preceding period of
7 years.
(4) The Minister must appoint one of the
directors nominated under subsection (2)(a)
to be the Chairperson of the Board of
directors.
(5) The Board of directors may appoint one of
the directors to be the Deputy Chairperson of
the Board of directors.
(6) If a Local Government Waste Forum fails to
make any nominations under section 49B
within 2 months of being requested in
writing by the Minister to do so, the Minister
may make any nominations required for the
purposes of that section.
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49L Conditions of appointment of directors of
Waste and Resource Recovery Groups
(1) A director of a Waste and Resource
Recovery Group--
(a) holds office for the period specified in
the instrument of appointment, which
must be a period of not more than
4 years; and
(b) holds office on the terms and conditions
determined by the Governor in Council;
and
(c) may be re-appointed; and
(d) may resign from office by delivering a
signed letter of resignation to the
Governor in Council; and
(e) may be removed from office at any
time by the Governor in Council.
(2) The Governor in Council must remove a
director from office if the director--
(a) becomes an insolvent under
administration; or
(b) is convicted of an indictable offence or
is imprisoned for any offence; or
(c) fails to comply with section 49N.
49M Meetings of Waste and Resource Recovery
Groups
(1) A meeting of a Waste and Resource
Recovery Group is to be presided over by--
(a) the Chairperson; or
(b) in the absence of the Chairperson, the
Deputy Chairperson; or
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(c) in the absence of both the Chairperson
and Deputy Chairperson, a director
elected by the directors present at the
meeting.
(2) A matter cannot be decided at a meeting
unless a majority of the directors appointed
for the time being are present.
(3) The decision on a question of the majority of
the directors present and voting on the
question is the decision of the Waste and
Resource Recovery Group.
(4) The person presiding at a meeting has--
(a) a deliberative vote; and
(b) in the event of an equality of votes on
any question, a second or casting vote.
(5) A Waste and Resource Recovery Group may
conduct all or any part of a meeting by using
telephones, video links or any other system
of telecommunication.
(6) Subject to this Act, a Waste and Resource
Recovery Group may regulate its own
procedure.
49N Disclosure of interests of directors of
Waste and Resource Recovery Groups
(1) A director who has a direct or an indirect
pecuniary interest in any matter being
considered, or about to be considered, by a
Waste and Resource Recovery Group must
disclose the nature of that interest at a
meeting of the Waste and Resource
Recovery Group as soon as possible after
becoming aware of the relevant facts.
(2) A director who holds an office or possesses
property as a result of which, directly or
indirectly, duties or interests may be created
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in conflict with his or her duties as a director,
must disclose that fact at a meeting of a
Waste and Resource Recovery Group as
soon as possible after becoming aware of the
potential conflict.
(3) The person presiding at a meeting at which a
disclosure under this section is made must
ensure that the disclosure is recorded in the
minutes of the meeting, and that the minutes
also record full details of who voted on any
matter in respect of which the disclosure was
made.
(4) A person who has made a disclosure under
this section must not take any further part in
the discussion of, or vote on, the matter to
which the disclosure relates.
(5) If a director votes on a matter in
contravention of subsection (4), the vote of
the director must be disallowed.
(6) A director is not to be regarded as having a
pecuniary interest--
(a) in a matter relating to the supply of
goods or services to or by the director if
the goods or services are, or are to be,
available to members of the public on
the same terms and conditions; or
(b) in a contract or arrangement only
because that contract or arrangement
may benefit a company or other body in
which the director has a beneficial
interest that does not exceed one
percent of the total nominal value of
beneficial interests in that company or
body.
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49O Validity of decisions of Waste and
Resource Recovery Groups
(1) An act or decision of a Waste and Resource
Recovery Group is not invalid merely
because of--
(a) a vacancy in the membership of the
Waste and Resource Recovery Group;
or
(b) a defect or irregularity in, or in
connection with, the appointment of a
director.
(2) Anything done by or in relation to a person
purporting to act as a director is not invalid
merely because--
(a) the occasion for the appointment had
not arisen; or
(b) there was a defect or irregularity in
relation to the appointment; or
(c) the appointment had ceased to have
effect; or
(d) the occasion for the person to act had
not arisen or had ceased.
49P Power of delegation of Waste and
Resource Recovery Groups
A Waste and Resource Recovery Group
may, by instrument under its common seal,
delegate to the Chairperson, a director, the
executive officer, the Chief Executive
Officer or any employee of the Waste and
Resource Recovery Group any function, duty
or power conferred on the Waste and
Resource Recovery Group by or under this
Act or any other Act, other than this power
of delegation.
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49Q Executive officers and Chief Executive
Officer of Waste and Resource Recovery
Groups
(1) Subject to subsection (2), a Waste and
Resource Recovery Group must appoint an
executive officer of the Waste and Resource
Recovery Group.
(2) The Metropolitan Waste and Resource
Recovery Group must appoint a Chief
Executive Officer with the approval of the
Minister.
(3) The executive officer or Chief Executive
Officer is responsible to the Waste and
Resource Recovery Group for the carrying
out of the Waste and Resource Recovery
Group's functions.
(4) The executive officer or Chief Executive
Officer must comply with the directions of
the Waste and Resource Recovery Group.
(5) The executive officer or Chief Executive
Officer may, by instrument, delegate to any
employee of the Waste and Resource
Recovery Group any responsibility, power,
authority, duty or function conferred on the
executive officer or Chief Executive Officer
by or under this Act, except this power of
delegation.
49R Staff of Waste and Resource Recovery
Groups
A Waste and Resource Recovery Group may
employ any employees that are necessary to
enable the Waste and Resource Recovery
Group to perform its functions.
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49S Minister may give directions to a Waste
and Resource Recovery Group
(1) The Minister may issue written directions to
a Waste and Resource Recovery Group.
(2) A Waste and Resource Recovery Group
must comply with a written direction of the
Minister.
49SA Procurement directions and guidelines for
Waste and Resource Recovery Groups
A Waste and Resource Recovery Group
must comply with any procurement
directions or guidelines issued by the
Treasurer in consultation with the Minister in
carrying out its functions.
49SB Annual business plans of Waste and
Resource Recovery Groups
(1) Each year a Waste and Resource Recovery
Group must submit to the Minister for
approval, on or before the date required by
the Minister, a draft business plan--
(a) that sets out the following--
(i) its objectives and priorities for the
next 3 financial years;
(ii) financial projections for that
period;
(iii) its budget for the next financial
year;
(iv) what it intends to do over the next
financial year;
(v) any other matters that the Minister
requires in writing; and
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(b) that is consistent with--
(i) its Regional Waste and Resource
Recovery Implementation Plan;
and
(ii) any relevant waste management or
materials efficiency policy
approved and published by the
Government of Victoria or on
behalf of the Government of
Victoria.
(2) After amending its draft business plan in any
way required by the Minister, a Waste and
Resource Recovery Group must submit a
final business plan to the Minister for
approval on or before the date required by
the Minister.
(3) A Waste and Resource Recovery Group
must not depart significantly from its budget
without first obtaining the approval of the
Minister.
(4) A Waste and Resource Recovery Group
must have regard to its current business plan
in carrying out its functions.
(5) A Waste and Resource Recovery Group
must ensure that a copy of its current
business plan is--
(a) available for inspection by members of
the public at its principal place of
business whenever that place is open to
the public; and
(b) published on the Internet.
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49SC Application of Local Government
Act 1989
(1) If a council enters into a contract,
arrangement or agreement with a Waste and
Resource Recovery Group, the council is
exempt from the requirements of section 186
of the Local Government Act 1989.
(2) Section 193 of the Local Government Act
1989 does not apply in respect of the
participation of a council in a Local
Government Waste Forum.
(3) If a council engages in procurement
activities of a Waste and Resource Recovery
Group which comply with any procurement
directions or guidelines issued under
section 49SA, the council is exempt from the
requirements of section 193 of the Local
Government Act 1989.".
7 New section 50LC inserted
After section 50LB of the Environment
Protection Act 1970 insert--
"50LC Winding up of a regional waste
management group by the Minister
(1) Despite section 50LB(1), the Minister may,
by Order published in the Government
Gazette, declare that a regional waste
management group is dissolved on a date
specified in the Order.
(2) Before publishing an Order under subsection
(1), the Minister may direct the regional
waste management group to prepare a
statement of outstanding issues relevant to
the proposed transfer of assets and liabilities
of the group upon its dissolution.
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(3) An Order may provide for any matters
necessary to give effect to the dissolution of
a regional waste management group,
including the transfer of the group's assets
and liabilities to a Waste and Resource
Recovery Group or council.
(4) On the date on which a regional waste
management group is dissolved, its staff are
transferred to a Waste and Resource
Recovery Group as follows--
(a) Barwon Regional Waste Management
Group staff are transferred to the
Barwon South West Waste and
Resource Recovery Group;
(b) South Western Regional Waste
Management Group staff are
transferred to the Barwon South West
Waste and Resource Recovery Group;
(c) Gippsland Regional Waste
Management Group staff are
transferred to the Gippsland Waste and
Resource Recovery Group;
(d) Goulburn Valley Regional Waste
Management Group staff are
transferred to the Goulburn Valley
Waste and Resource Recovery Group;
(e) Desert Fringe Regional Waste
Management Group staff are
transferred to the Grampians Central
West Waste and Resource Recovery
Group;
(f) Grampians Regional Waste
Management Group staff are
transferred to the Grampians Central
West Waste and Resource Recovery
Group;
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(g) Highlands Regional Waste
Management Group staff are
transferred to the Grampians Central
West Waste and Resource Recovery
Group;
(h) Calder Regional Waste Management
Group are transferred to the Loddon
Mallee Waste and Resource Recovery
Group;
(i) Central Murray Regional Waste
Management Group staff are
transferred to Loddon Mallee Waste
and Resource Recovery Group;
(j) Mildura Regional Waste Management
Group staff are transferred to the
Loddon Mallee Waste and Resource
Recovery Group;
(k) Mornington Peninsula Regional Waste
Management Group staff are
transferred to the Metropolitan Waste
and Resource Recovery Group;
(l) North East Victorian Regional Waste
Management Group staff are
transferred to the North East Waste and
Resource Recovery Group.".
8 Landfill levy--amount payable
(1) In section 50S(2A) of the Environment
Protection Act 1970, for "The amount"
substitute "Subject to subsection (2AAA), the
amount".
(2) After section 50S(2A) of the Environment
Protection Act 1970 insert--
"(2AAA) In respect of each year on and after 1 July
2015, the amount of the levy payable under
subsection (1) is the amount specified in fee
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units in Schedule DA for the relevant
premises and type of waste.".
(3) Section 50S(5) of the Environment Protection
Act 1970 is repealed.
9 Annual return
Section 54B of the Environment Protection Act
1970 is repealed.
10 Notice to take clean up and on-going management
measures
(1) After section 62A(1A) of the Environment
Protection Act 1970 insert--
"(1AB) The Authority may amend any requirement
specified in a notice under subsection (1)
or (1AA) by serving on the occupier of the
premises or other person to whom the notice
was directed a written notice of
amendment.".
(2) In section 62A(3) of the Environment Protection
Act 1970, for "Any" substitute "Subject to
subsection (3A), any".
(3) After section 62A(3) of the Environment
Protection Act 1970 insert--
"(3A) A person to whom a notice under subsection
(1) or (1AA) is directed must comply with
the reporting requirements specified in the
notice.
Penalty: 60 penalty units.".
11 Schedule A
In Schedule A to the Environment Protection
Act 1970--
(a) in the item relating to "Any offence against
section 19A(8)" omit "54B(2),"; and
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(b) insert--
"An offence against section 10 penalty units
62A(3A) (in the case of a
body corporate)
5 penalty units
(in any other case)".
12 Schedule D
In Schedule D to the Environment Protection
Act 1970, after "2014" (where secondly
occurring) insert "and before 1 July 2015".
13 New Schedule DA inserted
After Schedule D to the Environment Protection
Act 1970 insert--
"SCHEDULE DA
AMOUNT PAYABLE AS LANDFILL LEVY FROM
1 JULY 2015
Amount payable for each tonne deposited (in fee units)
Schedule C Premises Non-Schedule C Premises
Date when
waste is Municipal Industrial Municipal Industrial
deposited waste waste waste waste
on or after 4.45 4.45 2.23 3.90
1 July 2015
__________________".
__________________
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PART 3--FURTHER AMENDMENTS TO THE
ENVIRONMENT PROTECTION ACT 1970
14 Definitions
(1) In section 4(1) of the Environment Protection
Act 1970 insert the following definitions--
"Regional Waste and Resource Recovery
Implementation Plan means a plan prepared
in accordance with Division 2AD of Part IX;
State-Wide Waste and Resource Recovery
Infrastructure Plan means the plan prepared
in accordance with Division 2AC of Part IX;
Victorian Waste and Resource Recovery
Infrastructure Planning Framework has the
meaning given in section 50;".
(2) In section 4(1) of the Environment Protection
Act 1970, the definitions of Environment and
Resource Efficiency Plan, person who
undertakes the scheduled activity, register of
scheduled activities and scheduled activity are
repealed.
(3) In section 4(1) of the Environment Protection
Act 1970, the definition of metropolitan council
is repealed.
(4) In section 4(1) of the Environment Protection
Act 1970, the definitions of metropolitan
Melbourne, Metropolitan Local Governments'
Waste Forum, Metropolitan Waste and Resource
Recovery Strategic Plan and Metropolitan Waste
Management Group are repealed.
(5) In section 4(1) of the Environment Protection
Act 1970, the definition of regional waste
management plan is repealed.
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15 Powers, duties and functions of Authority
(1) Section 13(1)(ce) of the Environment Protection
Act 1970 is repealed.
(2) For section 13(1)(nc) of the Environment
Protection Act 1970 substitute--
"(nc) to evaluate and comment on Regional Waste
and Resource Recovery Implementation
Plans;".
16 Approval of neighbourhood environment
improvement plan
In section 19AI(3)(h) of the Environment
Protection Act 1970, for "regional waste
management plan" substitute "Regional Waste
and Resource Recovery Implementation Plan".
17 Repeal of Division 4A of Part III
Division 4A of Part III of the Environment
Protection Act 1970 is repealed.
18 Pollution abatement notice
Section 31A(1B) and (2)(e)(iia) of the
Environment Protection Act 1970 are repealed.
19 Divisions 2AB to 2AD of Part IX substituted
For Divisions 2AB to 2AD of Part IX of the
Environment Protection Act 1970 substitute--
"Division 2AB--Victorian Waste and Resource
Recovery Infrastructure Planning Framework
50 Definition of the Victorian Waste and
Resource Recovery Infrastructure
Planning Framework
For the purposes of this Act, the Victorian
Waste and Resource Recovery
Infrastructure Planning Framework
means--
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(a) the State-Wide Waste and Resource
Recovery Infrastructure Plan; and
(b) the Regional Waste and Resource
Recovery Implementation Plans; and
(c) any guidelines made under
section 50CA in relation to the State-
Wide Waste and Resource Recovery
Infrastructure Plan and Regional Waste
and Resource Recovery
Implementation Plans; and
(d) the process under section 50BD
facilitating the integration of the State-
Wide Waste and Resource Recovery
Infrastructure Plan and Regional Waste
and Resource Recovery
Implementation Plans.
50A Objectives of the Victorian Waste and
Resource Recovery Infrastructure
Planning Framework
The objectives of the Victorian Waste and
Resource Recovery Infrastructure Planning
Framework are--
(a) to ensure long-term strategic planning
for waste and resource recovery
infrastructure at State and regional
levels; and
(b) to facilitate the integration of
State-wide directions for the
management of waste and resource
recovery infrastructure and regional
infrastructure needs; and
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(c) to enable waste and resource recovery
infrastructure planning to be--
(i) effectively integrated with land
use and development planning and
policy; and
(ii) effectively integrated with
transport planning and policy; and
(d) to ensure Sustainability Victoria and
the Waste and Resource Recovery
Groups work together to integrate the
State-Wide Waste and Resource
Recovery Infrastructure Plan and
Regional Waste and Resource
Recovery Implementation Plans; and
(e) to enable waste and resource recovery
infrastructure planning decisions to be
made at the appropriate level of the
Framework.
Division 2AC--State-Wide Waste and
Resource Recovery Infrastructure Plan
50AA Preparation of the State-Wide Waste and
Resource Recovery Infrastructure Plan
and its objective
(1) Sustainability Victoria must prepare a
State-Wide Waste and Resource Recovery
Infrastructure Plan in accordance with this
Division.
(2) The objective of the State-Wide Waste and
Resource Recovery Infrastructure Plan is to
provide strategic direction for the
management of waste and resource recovery
infrastructure in Victoria for a period of
30 years.
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(3) Sustainability Victoria must submit a draft
State-Wide Waste and Resource Recovery
Infrastructure Plan to the Minister within
6 months after the date on which section 19
of the Environment Protection and
Sustainability Victoria Amendment Act
2014 comes into operation.
50AB Content of State-Wide Waste and
Resource Recovery Infrastructure Plan
(1) The State-Wide Waste and Resource
Recovery Infrastructure Plan must include--
(a) a description and strategic analysis of
current sources of waste, composition
of waste streams and levels of resource
recovery; and
(b) a description and analysis of anticipated
future trends in waste generation and
resource recovery; and
(c) a description and analysis of anticipated
future levels of waste generation and
resource recovery and processing
needs, including an analysis of risks
and other issues in the provision of
waste and resource recovery
infrastructure; and
(d) a strategic economic assessment of the
options for waste and resource recovery
infrastructure in Victoria; and
(e) a consideration of the impact of
projected population changes on waste
generation and processing needs; and
(f) an analysis of transport impacts arising
from the movement of waste and
materials; and
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(g) an identification of long-term directions
for waste and resource recovery
infrastructure in order to inform the
development of Regional Waste and
Resource Recovery Implementation
Plans; and
(h) any matters required by guidelines
made under section 50CA.
(2) Subject to subsection (3), the State-Wide
Waste and Resource Recovery Infrastructure
Plan must be consistent with any policy and
any government policies.
(3) If the State-Wide Waste and Resource
Recovery Infrastructure Plan is inconsistent
with a policy, the policy prevails to the
extent of the inconsistency.
50AC Consultation during preparation of State-
Wide Waste and Resource Recovery
Infrastructure Plan
Before submitting a draft State-Wide Waste
and Resource Recovery Infrastructure Plan
to the Minister, Sustainability Victoria must
consult with--
(a) the Secretary of the Department of
Environment and Primary Industries;
and
(b) the Secretary to the Department of
Transport, Planning and Local
Infrastructure; and
(c) the Secretary to the Department of
Health; and
(d) the Chairman; and
(e) the Chairperson of each Waste and
Resource Recovery Group; and
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(f) the chairperson of the Urban Renewal
Authority Victoria; and
(g) the chief executive of each council.
50AD Minister's powers with respect to State-
Wide Waste and Resource Recovery
Infrastructure Plan
(1) On receiving a draft State-Wide Waste and
Resource Recovery Infrastructure Plan, the
Minister must--
(a) approve the Plan; or
(b) approve the Plan with amendments; or
(c) return the Plan to Sustainability
Victoria for amendment.
(2) If the Minister returns the State-Wide Waste
and Resource Recovery Infrastructure Plan
to Sustainability Victoria under subsection
(1)(c), the Minister must give directions as to
the amendments required to be made to the
draft Plan.
(3) Sustainability Victoria must comply with a
direction of the Minister under subsection (2)
within 30 days or a longer period specified
by the Minister.
50AE Publication of approval of State-Wide
Waste and Resource Recovery
Infrastructure Plan
(1) The Minister must cause to be published in
the Government Gazette a notice of approval
of the State-Wide Waste and Resource
Recovery Infrastructure Plan.
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(2) The notice of approval must be published--
(a) in the next general edition of the
Government Gazette; or
(b) in a special edition of the Government
Gazette within 10 working days after
the approval of the Plan.
(3) The State-Wide Waste and Resource
Recovery Infrastructure Plan takes effect
on--
(a) the date on which the notice of
approval is published in the
Government Gazette; or
(b) a later date specified in the notice.
(4) The State-Wide Waste and Resource
Recovery Infrastructure Plan remains in
force until it is replaced by another State-
Wide Waste and Resource Recovery
Infrastructure Plan.
50AF Publication of State-Wide Waste and
Resource Recovery Infrastructure Plan
(1) Sustainability Victoria must publish on its
Internet site a copy of the State-Wide Waste
and Resource Recovery Infrastructure Plan
approved by the Minister under
section 50AD within 7 days of a notice of
approval being published in the Government
Gazette.
(2) Sustainability Victoria must publish on its
Internet site a revised copy of the State-Wide
Waste and Resource Recovery Infrastructure
Plan within 7 days of a notice of approval of
an amendment or variation to the Plan being
published in the Government Gazette.
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50AG Amendment and variation of State-Wide
Waste and Resource Recovery
Infrastructure Plan
(1) Sustainability Victoria may prepare draft
amendments to the State-Wide Waste and
Resource Recovery Infrastructure Plan at any
time.
(2) The Minister may at any time direct
Sustainability Victoria to prepare draft
amendments to the State-Wide Waste and
Resource Recovery Infrastructure Plan
within a specified period of time.
(3) The Minister may at any time make a
variation to the State-Wide Waste and
Resource Recovery Infrastructure Plan that is
declaratory, machinery or administrative in
nature.
(4) Sections 50AC, 50AD and 50AE apply to an
amendment of the State-Waste and Resource
Recovery Infrastructure Plan under
subsections (1) and (2) as if the amendment
were a draft State-Wide Waste and Resource
Recovery Infrastructure Plan.
(5) Sections 50AD and 50AE apply to a
variation of the State-Waste and Resource
Recovery Infrastructure Plan under
subsection (3) as if the variation were a draft
State-Wide Waste and Resource Recovery
Infrastructure Plan.
50AH Review of State-Wide Waste and Resource
Recovery Infrastructure Plan
(1) Subject to subsection (2), Sustainability
Victoria must prepare a draft revised State-
Wide Waste and Resource Recovery
Infrastructure Plan based on a review of the
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existing Plan within 5 years of the date the
existing Plan takes effect.
(2) At any time the Minister may require
Sustainability Victoria to prepare a draft
revised State-Wide Waste and Resource
Recovery Infrastructure Plan within
12 months of the date of the request.
Division 2AD--Regional Waste and Resource
Recovery Implementation Plans
50B Preparation of draft Regional Waste and
Resource Recovery Implementation Plans
(1) Each Waste and Resource Recovery Group
must prepare a Regional Waste and Resource
Recovery Implementation plan for its waste
and resource recovery region.
(2) Subject to subsection (3), each Waste and
Resource Recovery Group must submit a
draft Regional Waste and Resource
Recovery Implementation Plan to
Sustainability Victoria and to the Authority
within 12 months after the State-Wide Waste
and Resource Recovery Infrastructure Plan
takes effect.
(3) A draft Regional Waste and Resource
Recovery Implementation Plan must be
submitted by the Metropolitan Waste and
Resource Recovery Group within 3 months
after the date on which the first State-Wide
Waste and Resource Recovery Infrastructure
Plan takes effect.
(4) The Authority must make any comments
within 60 days after receiving a draft
Regional Waste and Resource Recovery
Implementation Plan.
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50BA Objective of Regional Waste and Resource
Recovery Implementation Plans
The objective of a Regional Waste and
Resource Recovery Implementation Plan is
to set out how the waste and resource
recovery infrastructure needs of a waste and
resource recovery region will be met over at
least a 10 year period.
50BB Content of Regional Waste and Resource
Recovery Implementation Plans
(1) A Regional Waste and Resource Recovery
Implementation Plan must include--
(a) a description and analysis of waste and
resource recovery infrastructure within
its waste and resource recovery region,
including a consideration of--
(i) environmental and financial
performance; and
(ii) current infrastructure and
anticipated opportunities for
providing infrastructure across the
waste and resource recovery
region; and
(iii) the waste and resource recovery
infrastructure needs, priorities and
preferred locations for the waste
and resource recovery region; and
(iv) regional transport and land use
planning; and
(b) a description of how the long-term
directions in the State-Wide Waste and
Resource Recovery Infrastructure Plan
will be implemented to give effect to
local and regional infrastructure needs
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within the waste and resource recovery
region; and
(c) a schedule of existing and required
waste and resource recovery
infrastructure within the waste and
resource recovery region including--
(i) the type, general location and
other requirements of new waste
and resource recovery
infrastructure, other than landfills;
and
(ii) the timeframe for when new waste
and resource recovery
infrastructure is needed; and
(iii) an identification of steps required
to align the schedule with local
planning schemes; and
(iv) the proposed sequence for the
filling of available landfill sites
for at least the next 10 years; and
(v) a program for replacing and
rehabilitating landfill sites; and
(vi) the intended or likely date of
closure of each landfill site; and
(vii) options for future landfill capacity
and resource recovery
infrastructure; and
(d) any matters required by guidelines
made under section 50CA.
(2) Subject to subsection (3), a Regional Waste
and Resource Recovery Implementation Plan
must be consistent with any policy and any
government policies.
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(3) If a Regional Waste and Resource Recovery
Implementation Plan is inconsistent with a
policy, the policy prevails to the extent of the
inconsistency.
50BC Consultation during preparation of
Regional Waste and Resource Recovery
Implementation Plans
Before submitting a draft Regional Waste
and Resource Recovery Implementation Plan
to Sustainability Victoria and to the
Authority under section 50B, a Waste and
Resource Recovery Group must consult
with--
(a) the Secretary of the Department of
Environment and Primary Industries;
and
(b) the Chairman; and
(c) the Chairperson of Sustainability
Victoria; and
(d) the Chairperson of each Waste and
Resource Recovery Group; and
(e) the chairperson of the Urban Renewal
Authority Victoria; and
(f) the chief executive of each council
within its waste and resource recovery
region.
50BD Further preparation of Regional Waste
and Resource Recovery Implementation
Plans
(1) On the submission of a draft Regional Waste
and Resource Recovery Implementation Plan
under section 50B, each Waste and Resource
Recovery Group and Sustainability Victoria
must work together to integrate the priorities
and directions of the Regional Waste and
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Resource Recovery Implementation Plan and
the State-Wide Waste and Resource
Recovery Infrastructure Plan and to resolve
any differences in the Plans.
(2) Each Waste and Resource Recovery Group
and Sustainability Victoria are jointly
responsible for integrating the Plans for a
period of up to 6 months.
(3) Sustainability Victoria and each Waste and
Resource Recovery Group must--
(a) take into account any comments made
by the Authority under section 50B(4);
and
(b) amend the schedule of existing and
required waste and resource recovery
infrastructure within the draft Regional
Waste and Resource Recovery
Implementation Plan if the Authority
objects to the inclusion of a proposed
landfill on the ground that it is unlikely
to meet the requirements of a relevant
policy.
(4) The integration process in subsections (1) to
(3) must comply with any guidelines issued
under section 50CA.
(5) A Waste and Resource Recovery Group
must submit a draft Regional Waste and
Resource Recovery Implementation Plan to
the Minister for approval--
(a) no later than 6 months after submitting
a draft to Sustainability Victoria and the
Authority under section 50B; and
(b) not before either the Authority has
provided its comments under section
50B(4) or the 60 days in which the
45
Environment Protection and Sustainability Victoria Amendment Act 2014
No. of 2014
Part 3--Further Amendments to the Environment Protection Act 1970
s. 19
Authority may comment on the Plan
have expired.
(6) On receiving a draft Regional Waste and
Resource Recovery Implementation Plan
under subsection (5) the Minister must--
(a) approve the Plan; or
(b) approve the Plan with amendments; or
(c) return the Plan to the relevant Waste
and Resource Recovery Group for
amendment.
(7) If the Minister returns the Regional Waste
and Resource Recovery Implementation Plan
to a Waste and Resource Recovery Group
under subsection (6)(c), the Minister must
give directions as to the amendments
required to be made to the draft Plan.
(8) A Waste and Resource Recovery Group
must comply with a direction of the Minister
under subsection (7) within 30 days or a
longer period specified by the Minister.
50BE Publication of approval of Regional Waste
and Resource Recovery Implementation
Plans
(1) The Minister must cause to be published in
the Government Gazette a notice of approval
of a Regional Waste and Resource Recovery
Implementation Plan.
(2) The notice of approval must be published--
(a) in the next general edition of the
Government Gazette; or
(b) in a special edition of the Government
Gazette within 10 working days after
the approval of the Plan.
46
Environment Protection and Sustainability Victoria Amendment Act 2014
No. of 2014
Part 3--Further Amendments to the Environment Protection Act 1970
s. 19
(3) A Regional Waste and Resource Recovery
Implementation Plan takes effect on--
(a) the date on which the notice of
approval is published in the
Government Gazette; or
(b) a later date specified in the notice.
(4) A Regional Waste and Resource Recovery
Implementation Plan remains in force until it
is replaced by another Regional Waste and
Resource Recovery Implementation Plan.
50BF Publication of Regional Waste and
Resource Recovery Implementation Plans
(1) A Waste and Resource Recovery Group
must publish a copy of its Regional Waste
and Resource Recovery Implementation Plan
on its Internet site within 7 days of a notice
of approval of the Plan being published in
the Government Gazette.
(2) Sustainability Victoria must publish a copy
of a Regional Waste and Resource Recovery
Implementation Plan on its Internet site
within 7 days of a notice of approval of the
Plan being published in the Government
Gazette.
(3) A Waste and Resource Recovery Group and
Sustainability Victoria must each publish on
its Internet site a revised copy of a Regional
Waste and Resource Recovery
Implementation Plan within 7 days of a
notice of approval of an amendment or
variation to the Plan being published in the
Government Gazette.
47
Environment Protection and Sustainability Victoria Amendment Act 2014
No. of 2014
Part 3--Further Amendments to the Environment Protection Act 1970
s. 19
50BG Amendment of Regional Waste and
Resource Recovery Implementation Plans
(1) A Waste and Resource Recovery Group may
prepare draft amendments to its Regional
Waste and Resource Recovery
Implementation Plan at any time, including
any schedule of existing and required waste
and resource recovery infrastructure within
the Plan.
(2) The Minister may at any time direct a Waste
and Resource Recovery Group to prepare
draft amendments to its Regional Waste and
Resource Recovery Implementation Plan
within a specified period of time.
(3) The Minister may at any time make a
variation to a Regional Waste and Resource
Recovery Implementation Plan that is
declaratory, machinery or administrative in
nature.
(4) Sections 50BC, 50BD and 50BE apply to an
amendment of a Regional Waste and
Resource Recovery Implementation Plan
under subsections (1) and (2) as if the
amendment were a draft Regional Waste and
Resource Recovery Implementation Plan.
(5) Sections 50BD(6) to (8) and 50BE apply to a
variation of a Regional Waste and Resource
Recovery Implementation Plan under
subsection (3) as if the variation were a draft
Regional Waste and Resource Recovery
Implementation Plan.
50BH Consistency with Regional Waste and
Resource Recovery Implementation Plans
(1) A council must perform its waste
management functions consistently with the
Regional Waste and Resource Recovery
48
Environment Protection and Sustainability Victoria Amendment Act 2014
No. of 2014
Part 3--Further Amendments to the Environment Protection Act 1970
s. 19
Implementation Plan applying to the
council's municipal district.
(2) If a council disposes of waste in a waste and
resource recovery region other than the
waste and resource recovery region in which
the council's municipal district is located, the
disposal of the waste must be consistent with
the Regional Waste and Resource Recovery
Implementation Plan applying to the other
waste and resource recovery region.
(3) Any person involved in the generation,
management or transport of waste within a
waste and resource recovery region must not
do anything in relation to the waste that is
inconsistent with the relevant Regional
Waste and Resource Recovery
Implementation Plan while the waste is in
that region.
Division 2AE--Other provisions for the State-
Wide Waste and Resource Recovery
Infrastructure Plan and Regional Waste and
Resource Recovery Implementation Plans
50C Authority may refuse applications for
certain facilities if Plans not observed
(1) The Authority may refuse to consider an
application for a works approval or an
application for the issue or amendment of a
licence in relation to a waste management
facility if--
(a) the operations of the facility could be
inconsistent with the State-Wide Waste
and Resource Recovery Infrastructure
Plan or a relevant Regional Waste and
Resource Recovery Implementation
Plan; or
49
Environment Protection and Sustainability Victoria Amendment Act 2014
No. of 2014
Part 3--Further Amendments to the Environment Protection Act 1970
s. 19
(b) the applicant is in breach of any
relevant requirements of a schedule of
existing and required waste and
resource recovery infrastructure within
a Regional Waste and Resource
Recovery Implementation Plan.
(2) Subject to subsection (3), the Authority must
refuse to consider an application for a works
approval in relation to a new landfill if the
landfill is not provided for in the proposed
sequence for the filling of available landfill
sites in a relevant schedule of existing and
required waste and resource recovery
infrastructure within a Regional Waste and
Resource Recovery Implementation Plan.
(3) The Authority cannot refuse to issue a works
approval under subsection (2) if the landfill
is privately owned and will only receive
wastes that consist of substances that were
owned by the owner of the site before the
substances became wastes.
(4) The Authority must give any person whose
application is refused under this section a
written notice setting out the reason for the
refusal.
50CA Guidelines for Plans
(1) The Minister may make guidelines in
relation to the making, amendment and
integration of the State-Wide Waste and
Resource Recovery Infrastructure Plan and
the Regional Waste and Resource Recovery
Implementation Plans.
(2) Without limiting subsection (1), the
guidelines may include requirements relating
to content, accountability, transparency and
consultation.".
50
Environment Protection and Sustainability Victoria Amendment Act 2014
No. of 2014
Part 3--Further Amendments to the Environment Protection Act 1970
s. 20
20 Division 2A of Part IX repealed
Division 2A of Part IX of the Environment
Protection Act 1970 is repealed.
21 Division 2B of Part IX repealed
Division 2B of Part IX of the Environment
Protection Act 1970 is repealed.
22 Issue of transport permits
After section 53F(1) of the Environment
Protection Act 1970 insert--
"(1A) The Authority may issue or renew a permit
to transport prescribed waste or prescribed
industrial waste for up to 5 years.".
23 Fees
(1) In section 53G(1) of the Environment Protection
Act 1970 omit "annual".
(2) After section 53G(1) of the Environment
Protection Act 1970 insert--
"(1A) A fee for the issue or renewal of a permit to
transport prescribed waste or prescribed
industrial waste must be paid--
(a) in advance as a lump sum constituted of
the fees for each year of the permit; or
(b) as an annual fee for each year of the
permit.".
24 Powers etc. of authorized officers
(1) In section 55(1)(a) of the Environment
Protection Act 1970 omit "or any premises at
which a scheduled activity is being undertaken".
(2) Section 55(3)(aa) and (3DA) of the Environment
Protection Act 1970 are repealed.
(3) In section 55(3E) of the Environment Protection
Act 1970 omit ", (3DA)".
51
Environment Protection and Sustainability Victoria Amendment Act 2014
No. of 2014
Part 3--Further Amendments to the Environment Protection Act 1970
s. 25
25 Environment Protection Fund
For section 70(6B) of the Environment
Protection Act 1970 substitute--
"(6B) Money paid into the Environment Protection
Fund under subsection (3)(aba) may only be
applied in accordance with section 70E.".
26 Restrictions concerning the distribution of money
derived from the general landfill levy
(1) In section 70A of the Environment Protection
Act 1970, for "70(6B)(b) and (c)" substitute
"70F(3)(a) and (b)".
(2) In section 70A(b) of the Environment Protection
Act 1970, for "published; and" substitute
"published.".
(3) Section 70A(c) of the Environment Protection
Act 1970 is repealed.
(4) At the end of section 70A of the Environment
Protection Act 1970 insert--
"(2) Despite the amendment of this section by
section 26 of the Environment Protection
and Sustainability Victoria Amendment
Act 2014--
(a) a statement required by section 70A(a)
and in force immediately before the
commencement of that section is taken
to be a statement prepared under
section 70B(1AA); and
(b) any guidelines made for the purposes of
section 70A(b) and in force
immediately before the commencement
of that section are taken to be
guidelines prepared under
section 70C.".
52
Environment Protection and Sustainability Victoria Amendment Act 2014
No. of 2014
Part 3--Further Amendments to the Environment Protection Act 1970
s. 27
27 Priority statement
(1) After the heading to section 70B of the
Environment Protection Act 1970 insert--
"(1AA) The Minister may prepare a statement setting
out, in order of priority, the matters in
respect of which the Minister and the
Premier intend money to be applied under
section 70F(3).".
(2) In section 70B(1) of the Environment Protection
Act 1970, for "The statement required by
section 70A(a)" substitute "A statement under
subsection (1AA)".
(3) In section 70B(1)(d) of the Environment
Protection Act 1970, for "Sustainability
Victoria's Internet site" substitute "the Internet
site of the Department of Environment and
Primary Industries".
(4) In section 70B(1)(e) of the Environment
Protection Act 1970, for "signing" substitute
"approving".
(5) In section 70B(1)(f) of the Environment
Protection Act 1970, for "notice of the signing of
the" substitute "a copy of the approved".
28 Restrictions concerning section 70A(b) guidelines
(1) In section 70C(1) of the Environment Protection
Act 1970, for "notice of its making" substitute
"it".
(2) After section 70C(1) of the Environment
Protection Act 1970 insert--
"(1A) The Minister must cause to be published any
guidelines made for the purposes of
section 70A(b)--
(a) in the Government Gazette; and
53
Environment Protection and Sustainability Victoria Amendment Act 2014
No. of 2014
Part 3--Further Amendments to the Environment Protection Act 1970
s. 29
(b) on the Internet site of the Department
of Environment and Primary
Industries.".
(3) In section 70C(2) of the Environment Protection
Act 1970 omit "notice of the making of".
29 Sections 70D to 70F substituted
For sections 70D to 70F of the Environment
Protection Act 1970 substitute--
"70D General Landfill Levy Account
(1) Within the Environment Protection Fund, the
Authority must maintain an account known
as the General Landfill Levy Account.
(2) The Authority must credit to the General
Landfill Levy Account all amounts paid into
the Environment Protection Fund under
section 70(3)(aba).
(3) This section does not affect the operation of
section 70(7).
70E Municipal and Industrial Landfill Levy
Trust Account
(1) The Department of Environment and
Primary Industries must establish and
maintain an account called the Municipal
and Industrial Landfill Levy Trust Account.
(2) The Authority must credit to the Municipal
and Industrial Landfill Levy Trust Account
any amount standing to the credit of the
General Landfill Levy Account at the end of
each quarter by the 15th day of the following
quarter.
(3) Money paid into the Municipal and
Industrial Landfill Levy Trust Account may
only be applied by paying an amount to one
or more of the following bodies--
54
Environment Protection and Sustainability Victoria Amendment Act 2014
No. of 2014
Part 3--Further Amendments to the Environment Protection Act 1970
s. 29
(a) the Authority;
(b) Sustainability Victoria;
(c) a Waste and Resource Recovery Group;
(d) a public entity or other body established
for public purposes to be used for
environment assessment, protection,
restoration or improvement purposes.
(4) Any amount paid under subsection (3) must
be paid in accordance with a determination
under subsection (5).
(5) The Minister must make a determination
specifying--
(a) an amount to be paid under subsection
(3) or the methods by which the
amounts are to be calculated; and
(b) the times at which each amount must be
paid; and
(c) the period for which the determination
applies.
(6) This section does not affect the operation of
section 70(7).
70F Sustainability Fund Account
(1) The Department of Environment and
Primary Industries must establish and
maintain an account called the Sustainability
Fund Account.
(2) The Department must credit to the
Sustainability Fund Account any amount
standing to the credit of the Municipal and
Industrial Landfill Levy Trust Account at the
end of each quarter.
55
Environment Protection and Sustainability Victoria Amendment Act 2014
No. of 2014
Part 3--Further Amendments to the Environment Protection Act 1970
s. 30
(3) Money paid into the Sustainability Fund
Account may only be applied by paying an
amount--
(a) with the consent of both the Premier
and the Minister, for the purposes of
fostering environmentally sustainable
uses of resources and best practices in
waste management to advance the
social and economic development of
Victoria; or
(b) with the consent of both the Premier
and the Minister, for the purposes of
fostering community action or
innovation in relation to the reduction
of greenhouse gas substance emissions
or adaptation or adjustment to climate
change in Victoria.".
30 Regulations
Section 71(cb) and (cc) of the Environment
Protection Act 1970 are repealed.
31 New section 74 inserted
After section 73 of the Environment Protection
Act 1970 insert--
"74 Transitional provisions--Environment
Protection and Sustainability Victoria
Amendment Act 2014
(1) Despite the repeal of Division 2AC of
Part IX by section 19 of the 2014 Act, the
Metropolitan Waste Management Group
established under section 50 of this Act as in
force immediately before the commencement
of section 19 of the 2014 Act continues in
operation until the commencement of the
Metropolitan Waste and Resource Recovery
Group under section 49D.
56
Environment Protection and Sustainability Victoria Amendment Act 2014
No. of 2014
Part 3--Further Amendments to the Environment Protection Act 1970
s. 31
(2) Despite the repeal of Division 2AD of
Part IX by section 19 of the 2014 Act, the
Metropolitan Waste and Resource Recovery
Strategic Plan as in force immediately before
the commencement of that section continues
to have effect until the Regional Waste and
Resource Recovery Implementation Plan for
the waste and resource recovery region of the
Metropolitan Waste and Resource Recovery
Group takes effect.
(3) Despite the repeal of Division 2B of Part IX
by section 21 of the 2014 Act, a regional
waste management plan as in force
immediately before the commencement of
that section continues to have effect until a
Regional Waste and Resource Recovery
Implementation Plan that provides for the
same municipal districts provided for in the
regional waste management plan takes
effect.
(4) Despite the amendment of section 70 by
section 25 of the 2014 Act, any money
standing to the credit of the general landfill
levy account maintained under the
Environment Protection (Distribution of
Landfill Levy) Regulations 2010 as in force
immediately before the commencement of
that section is taken to be money standing to
the credit of the General Landfill Levy
Account maintained under section 70D.
(5) Despite the substitution of section 70F by
section 29 of the 2014 Act, any money
standing to the credit of the Sustainability
Fund Account as in force immediately before
the commencement of that section is taken to
be money standing to the credit of the
Sustainability Fund Account under
section 70F after that commencement.
57
Environment Protection and Sustainability Victoria Amendment Act 2014
No. of 2014
Part 3--Further Amendments to the Environment Protection Act 1970
s. 32
(6) In this section--
2014 Act means the Environment
Protection and Sustainability
Victoria Amendment Act 2014.".
32 Schedule A
In Schedule A to the Environment Protection
Act 1970 omit--
"Any offence against section 10 penalty units
26F(1), 26F(2) or 26F(3) (in the case of a
body corporate)
5 penalty units
(in any other case)
Any offence against section 26J, 50 penalty units
26M or 26O (in the case of a
body corporate)
12 penalty units
(in any other case)".
__________________
58
Environment Protection and Sustainability Victoria Amendment Act 2014
No. of 2014
Part 4--Amendments to the Sustainability Victoria Act 2005
s. 33
PART 4--AMENDMENTS TO THE SUSTAINABILITY
VICTORIA ACT 2005
33 Definitions
In section 3 of the Sustainability Victoria Act See:
Act No.
2005, in the definition of Department, for 65/2005
"Sustainability and Environment" substitute and
amending
"Environment and Primary Industries". Act Nos
80/2006,
4/2008 and
29/2011.
LawToday:
www.
legislation.
vic.gov.au
34 Functions
After section 7(o) of the Sustainability Victoria
Act 2005 insert--
"(oa) prepare the State-Wide Waste and Resource
Recovery Infrastructure Plan and assist in the
preparation of Regional Waste and Resource
Recovery Implementation Plans under the
Environment Protection Act 1970;".
35 Members
(1) For section 9(3)(b) and (c) of the Sustainability
Victoria Act 2005 substitute--
"(b) 2 are to be members who have skills,
experience or knowledge relating to waste
management within local government;
(c) 2 are to be members who have skills,
experience or knowledge relating to the
waste industry.".
(2) In section 9(4) of the Sustainability Victoria
Act 2005, for "subsection (3)" substitute
"subsection (3)(a)".
59
Environment Protection and Sustainability Victoria Amendment Act 2014
No. of 2014
Part 4--Amendments to the Sustainability Victoria Act 2005
s. 35
(3) In section 9(4)(b) of the Sustainability Victoria
Act 2005--
(a) omit "local government,"; and
(b) omit "industry,".
(4) After section 9(4) of the Sustainability Victoria
Act 2005 insert--
"(4A) A member appointed under section 9(3)(b)
or (c) and in office immediately before the
commencement of section 35 of the
Environment Protection and
Sustainability Victoria Amendment Act
2014 remains in office until his or her term
of office expires.".
(5) After section 9(5) of the Sustainability Victoria
Act 2005 insert--
"(6) Despite the amendment of this section by
section 35 of the Environment Protection
and Sustainability Victoria Amendment
Act 2014, Sustainability Victoria continues
as the same legal entity as in operation
immediately before the commencement of
that section.".
__________________
60
Environment Protection and Sustainability Victoria Amendment Act 2014
No. of 2014
Part 5--Amendments to the Alpine Resorts (Management) Act 1997
s. 33
PART 5--AMENDMENTS TO THE ALPINE RESORTS
(MANAGEMENT) ACT 1997
36 Operation of other Acts in relation to alpine resorts
In section 5(b) of the Alpine Resorts See:
Act No.
(Management) Act 1997 omit "(except for the 89/1997.
purposes of section 52B(4) of the Environment Reprint No. 3
as at
Protection Act 1970)". 3 November
2011
and
amending
Act Nos
43/2012 and
17/2013.
LawToday:
www.
legislation.
vic.gov.au
__________________
61
Environment Protection and Sustainability Victoria Amendment Act 2014
No. of 2014
Part 6--Repeal of Amending Act
s. 37
PART 6--REPEAL OF AMENDING ACT
37 Repeal of amending Act
This Act is repealed on 1 July 2016.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
62
Environment Protection and Sustainability Victoria Amendment Act 2014
No. of 2014
Endnotes
ENDNOTES
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Environment Protection Act 1970 and the Sustainability Victoria Act
2005 to establish a new framework for waste and resource recovery
planning in Victoria, to amend the Alpine Resorts (Management) Act
1997 to make a consequential amendment, and for other purposes."
By Authority. Government Printer for the State of Victoria.
63
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