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Environment Protection (Liveable
Neighbourhoods) Bill
As Sent Print
EXPLANATORY MEMORANDUM
General
The purpose of this Bill is intended to introduce principles of environment
protection into the Environment Protection Act 1970 (the Principal Act), to
provide for the development of economic measures for environment
protection, to introduce neighbourhood environment improvement plans as a
mechanism for protecting local environments and improving the liveability
of neighbourhoods and to provide a comprehensive statutory framework for
the conduct of environmental audits. This Bill will also make various other
minor amendments to the Principal Act to improve its operation.
Clause Notes
Clause 1 sets out the purpose of the Bill.
Clause 2 identifies the dates on which various provisions of the Bill will
commence. Parts 1, 2 and 5 of the Bill will commence on the
day after the day on which it receives Royal Assent. Clause 23
will be deemed to have commenced on 1 October 2000.
The remaining provisions will commence on a day or days to be
proclaimed, or, if any provision has not commenced before
1 July 2001, that provision comes into operation on that day.
Clause 3 inserts new sections 1A to 1L into the Principal Act.
These sections state the purpose of the Principal Act and
introduce several principles of environment protection.
Clause 4 amends section 13 of the Principal Act to empower the
Environment Protection Authority (the Authority) to develop
economic measures for the purpose of providing an economic
incentive to avoid or minimise harm to the environment.
541140 BILL LA AS SENT 23/3/2001
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Clause 5 amends section 17 of the Principal Act to provide that the
Governor in Council may specify requirements for developing
economic measures in any Order made under section 16(1) or
16(1A).
Clause 6 inserts a new Division 1A into the Principal Act to--
· provide that the Authority may develop economic
measures, including tradeable permit systems, as a means
of achieving cost effective environmental protection or
regulation; and
· make it an indictable offence for a holder of a tradeable
emission permit to discharge or emit waste to the
environment at a level that exceeds the holder's entitlement.
Clause 7 amends section 71 of the Principal Act to enable the Governor in
Council to make regulations to implement economic measures.
Clause 8 inserts a new Division 1B into the Principal Act. This Division
provides for the development and approval of neighbourhood
environment improvement plans. Terms relevant to
neighbourhood environment improvement plans are defined.
Under the Division, proposals for the development of
neighbourhood environment improvement plans are submitted to
the Authority by a protection agency either voluntarily or as
directed by the Authority following consultation with the agency.
Authority endorsement of such proposals is required before the
preparation of a neighbourhood environment improvement plan.
The contents of a neighbourhood environment improvement plan
are specified. The Authority may approve plans that meet the
specified requirements. The Division also provides that a
protection agency or any person may request the Authority to
conduct a specified environmental audit or investigation of a
segment of the environment to determine whether the beneficial
uses of that segment of the environment are being protected. A
protection agency may, following a review of a neighbourhood
environment improvement plan, submit a proposal for amending
the plan to the Authority for approval. The Authority must
ensure that a copy of each guideline issued under Division 1B is
laid before Parliament. Either House of Parliament may disallow
a guideline in whole or in part.
Clause 9 amends section 31 of the Principal Act to provide that pollution
abatement notices may be issued in relation to requirements in
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neighbourhood environment improvement plans that are prepared
as a result of the Authority directing a protection agency to
submit a proposal to develop a neighbourhood environment
improvement plan.
Clause 10 amends section 31C of the Principal Act to ensure than any
environment improvement plan developed under that section is
consistent with any relevant neighbourhood environment
improvement plan.
Clause 11 amends section 32 of the Principal Act to provide that a person
whose interests are affected by a direction by the Authority to
submit a proposal to develop a neighbourhood environment
improvement plan may seek review of the direction by the
Victorian Civil and Administrative Tribunal.
Clause 12 inserts a new Part IXD into the Principal Act that deals with
environmental audits--
· section 53S provides for the appointment, suspension and
revocation of environmental auditors by the Authority and
defines the functions of an environmental auditor;
· section 53T provides for the payment of prescribed fees by
an environmental auditor to the Authority;
· section 53U provides that an environmental auditor
appointed under the Principal Act may be engaged to
conduct an environmental audit;
· section 53V specifies the contents of an environmental
audit report for an environmental audit undertaken in
relation to the risk to a segment of the environment caused
by any industrial process or activity, waste, substance or
noise;
· sections 53W and 53X specify the contents of an
environmental audit report for an environmental audit
undertaken in relation to the condition of a segment of the
environment, and provide that such a report must be
completed before a certificate of environmental audit or
statement of environmental audit may be issued;
· section 53Y specifies what factors an environmental auditor
must have regard to in determining whether to issue a
certificate of environmental audit;
· section 53Z specifies the contents of a statement of
environmental audit;
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· section 53ZA provides for the withdrawal or amendment of
incorrect certificates of environmental audit or statements
of environmental audit;
· section 53ZB contains certain notification requirements for
an environmental auditor in the conduct of an
environmental audit, including the requirement to notify the
Authority as soon as practicable as to any imminent
environmental hazard the auditor becomes aware of while
undertaking the audit. It also establishes new offences for
failing to meet such notification requirements;
· section 53ZC establishes a new indictable offence relating
to the provision of false or misleading information by an
environmental auditor;
· section 53ZD requires the Authority to revoke the
appointment of an environmental auditor if the auditor is
convicted of such an offence;
· section 53ZE provides that an occupier of premises (in
respect of which a statement of environmental audit has
been issued) must notify prospective occupiers of that
statement of environmental audit and the conditions
attached to it.
Clause 13 makes consequential amendments to Part X of the Principal Act
to--
· omit all references to "environmental auditor" in section 57;
· repeal section 57AA;
· provide that the fee prescribed in respect of an
environmental audit is to be paid into the Environment
Protection Fund and may be applied for the purposes of
Part IXD;
· provide that the Governor in Council may make regulations
prescribing a fee with respect to a completed environmental
audit.
Clause 14 makes a consequential amendment to Schedule A to the Principal
Act. The reference to the repealed offence against section
57AA(5) is substituted by references to new offences against
sections 53ZB(1), (2) and (3).
Clause 15 amends section 4 of the Principal Act to include
"hydrochlorofluorocarbon" in the definition of an "ozone-
depleting substance".
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Clause 16 amends section 13 of the Principal Act to provide that the
Authority may pay panel members such fees and allowances that
are determined in accordance with guidelines of the Office of
Public Employment.
Clause 17 amends sections 24 and 71 of the Principal Act to provide that
the Authority may fix a date on which prescribed licence fees are
due.
Clause 18 amends section 27A(2) of the Principal Act to clarify the scope
of the offence for dumping or abandoning industrial waste. A
licensed industrial waste disposal site must not accept wastes of
particular kinds for which it is not licensed.
Clause 19 amends section 39 of the Principal Act to clarify that the offence
of pollution of waters covers situations where a person leaves
waste in any position where it may reasonably be expected to
gain access to waters and pollute them.
Clause 20 amends section 55 of the Principal Act to clarify the powers of
authorized officers to take films and to make recordings of land
or premises under investigation.
Clause 21 amends section 59AB of the Principal Act to provide that a
transport certificate relating to the transport of prescribed
industrial waste is prima facie evidence of the matters contained
therein in any proceedings under the Act.
Clause 22 makes a minor amendment to section 63B of the Principal Act.
Clause 23 makes a minor amendment to section 67B of the Principal Act.
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