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ENVIRONMENT PROTECTION ACT 2017


TABLE OF PROVISIONS

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      What is harm?  
   5.      What is material harm?  
   6.      The concept of minimising risks of harm to human health and the environment  
   7.      Application of Act  
   8.      Extraterritorial application of Act  
   9.      Simplified outlines  

   PART 2.1--SIMPLIFIED OUTLINE

   10.     Simplified outline—Chapter 2  

   PART 2.2--APPLICATION OF THIS CHAPTER

   11.     Specified principles of environment protection  
   12.     Effect of this Chapter  

   PART 2.3--PRINCIPLES OF ENVIRONMENT PROTECTION

   13.     Principle of integration of environmental, social and economic considerations  
   14.     Principle of proportionality  
   15.     Principle of primacy of prevention  
   16.     Principle of shared responsibility  
   17.     Principle of polluter pays  
   18.     Principle of waste management hierarchy  
   19.     Principle of evidence-based decision making  
   20.     Precautionary principle  
   21.     Principle of equity  
   22.     Principle of accountability  
   23.     Principle of conservation  

   PART 3.1--SIMPLIFIED OUTLINE

   24.     Simplified outline—Chapter 3  

   PART 3.2--GENERAL ENVIRONMENTAL DUTY

   25.     General environmental duty  
   26.     Multiple contraventions of general environmental duty  
   27.     Aggravated breach of the general environmental duty  

   PART 3.3--TRANSITIONAL DUTY RELATING TO MATERIAL HARM

   28.     Transitional duty relating to material harm  

   PART 3.4--DUTIES RELATING TO POLLUTION INCIDENTS

   29.     Meaning of pollution incident  
   30.     Meaning of notifiable incident  
   31.     Duty to take action to respond to harm caused by pollution incident  
   32.     Duty to notify Authority of notifiable incidents  
   33.     Manner and form of notification of notifiable incidents  
   34.     Privilege against self-incrimination does not apply  

   PART 3.5--DUTIES RELATING TO CONTAMINATED LAND

           Division 1--Core concepts and application of Part

   35.     What is contaminated land?  
   36.     Background level of waste or substances  
   37.     What is notifiable contamination?  
   38.     Act applies whenever land contaminated  

           Division 2--Duties relating to contaminated land

   39.     Duty to manage contaminated land  
   40.     Duty to notify of contaminated land  
   41.     Manner and form of notification  
   42.     Privilege against self-incrimination abrogated  

   PART 4.1--SIMPLIFIED OUTLINE

   43.     Simplified outline—Chapter 4  

   PART 4.2--PERMISSIONS REQUIRED FOR CERTAIN ACTIVITIES

   44.     Development licences required for development activities  
   45.     Operating licences required for operating activities  
   46.     Permits required for permit activities  
   47.     Registration required for registration activities  
   48.     Determination that person does not require a permission  

   PART 4.3--GENERAL PROVISIONS RELATING TO PERMISSIONS

   49.     Application of this Part  
   49A.    Definition  
   50.     Form and contents of applications  
   50A.    Notice and payment of additional application fees  
   51.     Authority may deal with application after expiry of determination period  
   51A.    Authority or council may require additional information  
   51B.    Timing for consideration of application if more information required  
   52.     Notice of applications for development licences to be published  
   52A.    Authority may refuse certain applications inconsistent with Victorian Recycling Infrastructure Plan  
   53.     Authority must develop Charter of Consultation  
   54.     Permission conditions  
   55.     Permission fees  
   56.     Transfer of licence or permit  
   57.     Amendment of licence or permit on application  
   58.     Amendment of permission on initiative of Authority or council  
   59.     Surrender or revocation of permissions on application  
   60.     Suspension of permission  
   61.     Revocation of permission on Authority or council's initiative  
   62.     Complying with permission  
   63.     Breach of permission conditions—indictable offence  
   64.     Breach of prescribed permission conditions  
   65.     Continuing effect of conditions  
   66.     Fit and proper persons  
   67.     Priority waste and landfill facilities  
   68.     Exemptions for transporting reportable priority waste  

   PART 4.4--LICENCES

           Division 1--Development licences

   69.     Development licences  
   70.     Joint publication  
   71.     Conditions of development licences  
   72.     Extension of term of development licences  
   73.     Statement as to whether activity specified in development licence completed  

           Division 2--Operating licences

   74.     Operating licences  
   75.     Term of operating licences  
   76.     Review of operating licences  

           Division 3--Pilot project licences

   77.     Pilot project licences  
   78.     Consideration of application for pilot project licence  
   79.     Duration and effect of pilot project licence  

           Division 4--Licence exemptions

   80.     Application for licence exemptions  

   PART 4.5--PERMITS

   81.     Permits  
   82.     Permit exemptions granted by the Authority  
   83.     Permit exemptions granted by a council  
   84.     Renewal of permits  

   PART 4.6--REGISTRATIONS

   85.     Registration of prescribed activities  
   86.     Renewal of registrations  
   87.     Registration of non-prescribed activities  

   PART 4.7--PERSONS PROHIBITED FROM ENGAGING IN PRESCRIBED ACTIVITIES

   88.     Certain persons prohibited from engaging in particular activities  
   89.     Additional or alternative penalties for prohibited persons  
   90.     Applications by prohibited persons to engage in prescribed activity  
   90A.    Notice and payment of additional application fee  

   PART 4.8--ENVIRONMENT PROTECTION LEVY

   91.     Environment protection levy  

   PART 5.1--SIMPLIFIED OUTLINE

   92.     Simplified outline—Chapter 5  

   PART 5.2--ENVIRONMENT REFERENCE STANDARDS

   93.     Environment reference standards  
   94.     Application of the Subordinate Legislation Act 1994 to environment reference standards  
   95.     Preparation of environment reference standards  
   96.     Environment reference standard may incorporate NEPM  
   97.     Review of environment reference standards  
   98.     Notice of review determination  
   99.     Consideration of environment reference standards  

   PART 5.3--COMPLIANCE CODES

   100.    Compliance codes  
   101.    Content of compliance codes  
   102.    Communication of compliance codes  
   103.    Effect of compliance codes  
   104.    No penalty for failure to comply with compliance codes  

   PART 5.4--POSITION STATEMENTS

   105.    Authority may make position statements  
   106.    Communication of position statements  
   107.    Content of position statements  
   108.    Consultation on position statements  
   109.    Effect of position statements  

   PART 6.1--SIMPLIFIED OUTLINE

   110.    Simplified outline—Chapter 6  

   PART 6.2--OBJECTS

   111.    Objects  

   PART 6.3--LITTER AND OTHER WASTE

           Division 1--Preliminary matters

   112.    Definitions  
   113.    Governor in Council may declare body to be a litter authority  

           Division 2--Appointment of litter enforcement officers

   114.    Litter enforcement officers  

           Division 3--Offences in relation to littering and other waste

   115.    Unlawful deposit of waste  
   116.    Liability of owners and drivers of vehicles in relation to littering of waste  
   117.    Exceptions to liability of owners and drivers of vehicles in relation to littering of waste  
   118.    Written statement  

           Division 4--Removal of waste and objects or things

   119.    Litter enforcement officer may request persons to remove waste  
   120.    Court may order person to remove waste  
   121.    Waste abatement notice  
   122.    Litter authority may take action following failure to comply with waste abatement notice  
   123.    Occupier may recover cost of removing waste  

           Division 5--Powers of litter enforcement officers and other matters

   124.    Powers of entry of litter enforcement officers  
   125.    Litter enforcement officer may ask person's name and address  
   126.    Litter enforcement officer to produce proof of identity and official status  
   127.    Waste information gathering notice  
   128.    Form of waste information gathering notice  
   129.    Extension of time under waste information gathering notice  
   130.    Court orders  
   131.    Reports of littering offences to Authority or council  
   132.    Offence to supply false or misleading information  

   PART 6.4--DUTIES RELATING TO INDUSTRIAL WASTE

   133.    Duties of persons depositing industrial waste  
   134.    Duties of persons receiving industrial waste  
   135.    Duty of persons involved in transporting industrial waste  
   136.    Repeat industrial waste offenders  
   137.    Offence to supply false or misleading information or conceal information in connection with industrial waste  

   PART 6.5--DUTIES AND CONTROLS RELATING TO PRIORITY WASTE

   138.    What is priority waste?  
   139.    Duties of persons managing priority waste  
   140.    Duty to investigate alternatives to waste disposal  
   141.    Guidelines for alternatives to waste disposal  
   142.    Duty to notify of transaction in reportable priority waste  
   143.    Duty of persons transporting reportable priority waste  

   PART 6.6--WASTE LEVY SCHEME

   144.    Definitions  
   145.    Requirement to pay waste levy  
   146.    Minister may waive the requirement to pay waste levy  
   147.    Payment of waste levy to the Authority  
   148.    Calculation of levy that results in negative amount  
   149.    Agreement to offset amount owing  
   150.    Requirement to provide prescribed information regarding calculations of waste levy and allowable rebates to Authority  
   151.    Assessment by the Authority of waste levy liability  
   152.    Rights and powers of the Authority if waste levy is not paid  

   PART 7.1--SIMPLIFIED OUTLINE

   153.    Simplified outline—Chapter 7  

   PART 7.2--ENVIRONMENTALLY HAZARDOUS SUBSTANCES

   154.    Orders relating to environmentally hazardous substances  
   155.    Failure to comply with Orders relating to environmentally hazardous substances  

   PART 7.3--OBLIGATIONS FOR MANAGERS OF LAND OR INFRASTRUCTURE

   156.    Obligations of managers of land or infrastructure  

   PART 7.4--AUTHORISATION OF DISCHARGES OR DISPOSAL

   157.    Authority may authorise emergency storage, use etc. of waste  
   157A.   Notice and payment of additional application fee  
   158.    Complying with authorisation  

   PART 7.5--ISSUES OF ENVIRONMENTAL CONCERN

   159.    Notice of proposed declaration and notice of decision  
   160.    Declaration of issue of environmental concern  
   161.    Amendment or revocation of declaration of issue of environmental concern  
   162.    Consideration of issues of environmental concern when issuing remedial notices  
   163.    Combination of notice of proposed declaration with notice of proposed statutory rule or legislative instrument  
   164.    Combination of notices of decision  

   PART 7.6--CONTROL OF UNREASONABLE AND AGGRAVATED NOISE

           Division 1--Meaning of residential premises

   165.    Meaning of residential premises  

           Division 2--Unreasonable and aggravated noise

   166.    Unreasonable noise  
   167.    Unreasonable noise from residential premises  
   168.    Aggravated noise  
   169.    Unreasonable noise from entertainment venues  

           Division 3--Enforcement

   170.    Persons who may take proceedings for certain offences  
   171.    Residential noise enforcement officers  
   172.    Residential noise improvement notices  
   173.    Proceedings for offences not affected by residential noise improvement notices  
   174.    Injunctions relating to residential noise  
   175.    Unreasonable noise directions  
   176.    Entry orders  
   177.    Obstruction of police officer  

   PART 8.1--SIMPLIFIED OUTLINE

   178.    Simplified outline—Chapter 8  

   PART 8.2--BETTER ENVIRONMENT PLANS

   179.    Definition  
   180.    Purposes of better environment plans  
   181.    Submission of proposed better environment plans  
   181A.   Notice and payment of additional submission fee  
   182.    Authority may accept proposed better environment plans  
   183.    Participant must notify Authority of change in circumstances  
   184.    Amendment or revocation of better environment plans and removal of participants  
   185.    Withdrawal from better environment plans  
   186.    Effect of compliance with better environment plans  
   187.    Failure to comply with better environment plans  
   188.    Guidelines  

   PART 8.3--ENVIRONMENTAL AUDIT SYSTEM

   189.    Purpose of Part  

           Division 1--Environmental auditors

   190.    Functions of environmental auditors  
   191.    Application for appointment as environmental auditor  
   192.    Advisory panel for application for appointment as environmental auditor  
   193.    Determination by Authority of application for appointment as environmental auditor  
   194.    Refusal of application for appointment as environmental auditor  
   195.    Approval of application for appointment as environmental auditor  
   196.    Application fee  
   197.    Conditions on appointment of environmental auditor  
   198.    Reappointment of environmental auditors  
   199.    Refusal of application for reappointment as environmental auditor  
   200.    Revocation or suspension of appointment of environmental auditors  
   201.    Matters to which Authority must have regard in deciding a suspension or revocation of appointment of environmental auditor  
   202.    When does a suspension or revocation take effect?  
   203.    Guidelines for environmental auditors  

           Division 2--Preliminary risk screen assessments

   204.    Preliminary risk screen assessment  
   205.    Preliminary risk screen assessment statement  
   206.    What is included in a preliminary risk screen assessment statement?  
   207.    What is included in a preliminary risk screen assessment report?  

           Division 3--Environmental audits

   208.    Environmental audits  
   209.    Environmental auditor must notify the Authority of environmental audit  
   210.    Environmental audit statement  
   211.    What is included in an environmental audit statement?  
   212.    What is included in an environmental audit report?  

           Division 4--Offences and other matters

   213.    Withdrawal, amendment or issue of new preliminary risk screen assessment statement or environmental audit statement  
   214.    Obligation of person in management or control to provide copy of preliminary risk screen assessment statement or environmental audit statement  
   215.    False or misleading preliminary risk screen assessment statement or environmental audit statement  
   216.    Environmental auditor must notify the Authority of imminent state of danger  
   217.    Fees to be paid by environmental auditor  

   PART 8.4--FINANCIAL ASSURANCES

   218.    Purposes of this Part  
   218A.   Definitions  
   219.    Authority may require financial assurance  
   220.    Form of financial assurance  
   221.    Amount of financial assurance  
   222.    Independent assessment of amount of financial assurance  
   223.    Method for calculating financial assurance amount  
   224.    Costs associated with financial assurance  
   225.    Authority may review financial assurance  
   226.    Authority may amend financial assurance  
   227.    Authority may make a claim on financial assurance  
   228.    Procedure for claim on financial assurance in the event of a person's failure to remediate or clean up  
   229.    Procedure for claim on financial assurance in the event of immediate or serious risk  
   230.    Notice to replenish financial assurance  
   231.    Release of financial assurance following review or amendment  
   231A.   Notice of trigger event  
   231B.   Release of financial assurance following trigger event  
   231C.   Authority may refuse to release financial assurance—prescribed permission  
   231D.   Authority may refuse to release financial assurance—site management order  
   231E.   Authority may refuse to release financial assurance—environmental action notice  
   231F.   Authority may refuse to release financial assurance—Order relating to environmentally hazardous substances  
   231G.   Specified considerations to which Authority must have regard  
   231H.   Timing of decision to refuse to release financial assurance following trigger event  
   231I.   Review of refusal to release financial assurance—date for commencing review  
   231J.   Review of refusal to release financial assurance—notice of intention  
   231K.   Review of refusal to release financial assurance—matters to consider before making decision  
   231L.   Review of refusal to release financial assurance—decision and timing  
   231M.   Extension of time  
   231N.   Failure to make decision  
   232.    Application for release of financial assurance  
   233.    Transfer of financial assurance  
   234.    Enforcement of financial assurance  

   PART 8.5--ADVISORY PANELS

   235.    Advisory panels  

   PART 8.6--CONFERENCE OF INTERESTED PERSONS

   236.    Authority may establish conference of interested persons  
   237.    Appointment of convenor  
   238.    Recommendations and additional material from conference of interested persons  
   239.    Rules for conferences of interested persons  
   240.    Participation to be voluntary  

   PART 9.1--SIMPLIFIED OUTLINE

   241.    Simplified outline—Chapter 9  

   PART 9.2--APPOINTMENT OF AUTHORISED OFFICERS AND ANALYSTS AND APPOINTMENTS TO OTHER ROLES

           Division 1--Authorised officers

   242.    Authorised officers  
   243.    Authorised officers' identity cards  
   244.    Directions in respect of authorised officers  

           Division 2--Other appointments by Authority

   245.    Authority may appoint analysts and prescribed roles  

   PART 9.3--INSPECTION AND INQUIRY POWERS

           Division 1--Powers of entry and inspection

   246.    Authorised officer may enter and inspect any place or premises  
   247.    Entry and inspection of a place or premises when open to the public  
   248.    Residential premises  
   249.    Announcement on entry  
   250.    Persons assisting authorised officer  
   251.    Powers on entry  
   252.    Authorised officer may require production of documents  
   253.    Authorised officer may require information or answers  
   254.    Report to be given about entry and inspection of place or premises  

           Division 2--Information gathering notices

   255.    Authority may serve information gathering notice  
   256.    Form of information gathering notice  
   257.    Extension of time under information gathering notice  
   258.    Court orders  

           Division 3--Power to ask person's name and address

   259.    Authorised officer may ask person's name and address  

           Division 4--Power to give directions

   260.    Authorised officer may give directions  

           Division 5--Search warrants

   261.    Authorised officer may apply for search warrants  
   262.    Announcement before entry on warrant  
   263.    Copy of warrant to be given to occupier  

           Division 6--Return and forfeiture of seized things

   264.    Return of seized things  
   265.    Forfeiture of seized things  

           Division 7--Offences relating to authorised officers

   266.    Obstruction of authorised officer  
   267.    Assault, intimidation or threatening of authorised officer  

           Division 8--General

   268.    Protection against self-incrimination  
   269.    Motor vehicle compliance  
   269A.   Authority may require vehicle to be made available for inspection  
   269B.   Failure to present vehicle for inspection  

   PART 10.1--SIMPLIFIED OUTLINE

   270.    Simplified outline—Chapter 10  

   PART 10.2--IMPROVEMENT AND PROHIBITION NOTICES

           Division 1--Improvement notices

   271.    Improvement notices  

           Division 2--Prohibition notices

   272.    Prohibition notices  

   PART 10.3--NOTICES TO INVESTIGATE AND ENVIRONMENTAL ACTION NOTICES

           Division 1--Notice to investigate

   273.    Notice to investigate  

           Division 2--Environmental action notice

   274.    Environmental action notice  

   PART 10.4--SITE MANAGEMENT ORDERS

   275.    Site management orders  
   276.    Status of site management orders  
   277.    Application to vary or revoke site management order  
   277A.   Notice and payment of additional application fee  

   PART 10.5--NON-DISTURBANCE NOTICES

   278.    Power to issue a non-disturbance notice  

   PART 10.6--GENERAL MATTERS RELATING TO NOTICES

   279.    Amendment of notices  
   280.    Notification of notices  
   281.    Proceedings for offences not affected by notices  
   282.    Continuing effect of notices and conditions  

   PART 10.7--REDIRECTION OF CORPORATE OBLIGATIONS

   283.    Redirection of obligations of related or associated entities  
   284.    Redirection of obligations to officers  
   285.    Redirection of obligations in case of transfer of land  

   PART 10.8--OFFENCES RELATING TO NOTICES AND ORDERS

   286.    Non-compliance with improvement notice  
   287.    Non-compliance with prohibition notice  
   288.    Failure to report  
   289.    Non-compliance with notice to investigate  
   290.    Non-compliance with environmental action notice  
   291.    Reasonable excuse where entry refused  
   292.    Non-compliance with site management order  
   293.    Non-compliance with non-disturbance notice  

   PART 10.9--CLEAN UP AND COST RECOVERY POWERS

           Division 1--Clean up powers

   294.    Circumstances in which Authority may exercise clean up powers  
   295.    Authority to give notice of intention to exercise clean up powers in case of financial assurance  
   296.    Matters relating to Authority entering land  

           Division 2--Cost recovery powers

   297.    Cost recovery powers  
   297A.   Displacement of other laws  
   298.    Unrecovered costs can become charge on property  

   PART 11.1--SIMPLIFIED OUTLINE

   299.    Simplified outline—Chapter 11  

   PART 11.2--ENFORCEABLE UNDERTAKINGS

   300.    Authority may accept enforceable undertaking  
   301.    Enforcement  
   302.    Authority may take specified actions  
   303.    No criminal proceedings while enforceable undertaking in force  
   304.    Proceedings following withdrawal of enforceable undertaking  
   305.    No further proceedings if enforceable undertaking is complied with  
   306.    Contempt of court  

   PART 11.3--INFRINGEMENT NOTICES

   307.    Infringement notices  

   PART 11.4--CIVIL REMEDIES

   308.    Eligible persons  
   309.    Court orders  
   310.    Interim orders  
   311.    Consent orders  
   312.    Ancillary orders  
   313.    Compensation orders  

   PART 11.5--CIVIL PENALTIES

   314.    Civil penalty provision  
   315.    Civil penalty orders  
   316.    Persons involved in contravening civil penalty provision  
   317.    Further orders for contravening civil penalty provision  
   318.    Civil proceedings after criminal proceedings  
   319.    Criminal proceeding during proceeding for a civil penalty order  
   320.    Criminal proceeding commenced after proceeding for civil penalty order  
   321.    Evidence given or produced during proceeding for civil penalty order  
   322.    Conduct contravening more than one civil penalty provision  
   323.    Multiple contraventions of civil penalty provisions  
   324.    Multiple proceedings for civil penalty order to be heard together  
   325.    Jurisdictional limit of Magistrates' Court does not apply to civil penalty order  
   326.    Recovery of a pecuniary penalty  

   PART 11.6--POWERS OF COURTS

           Division 1--Application of Part 11.6

   327.    Application of Part 11.6  

           Division 2--Orders

   328.    General  
   329.    Monetary benefit orders  
   330.    Adverse publicity orders  
   331.    General restoration and prevention orders  
   332.    Restorative project orders  
   333.    Environmental audit orders  

           Division 3--Enforcement of orders

   334.    Enforcement of orders  

           Division 4--Impact statements

   335.    Court may consider impact statements  

           Division 5--Restorative justice processes

   336.    Adjournment of proceedings for restorative justice process  

   PART 11.7--EVIDENTIARY AND RELATED ENFORCEMENT PROVISIONS

   337.    Reports and certificates  
   338.    Certificate concerning ownership of vehicle or vessel  
   339.    Certificate concerning litter offences  
   340.    Reports and certificates to be served with summons  
   341.    Statement to be evidence of authority  
   342.    Judicial notice of signatures  
   343.    Evidence  
   344.    Service of documents  
   345.    Service of documents—alternative to attendance  
   346.    Authority to be able to recover costs of analysis  
   347.    Persons who may take proceedings  
   348.    Contraventions on shared premises  

   PART 11.8--OFFICERS' LIABILITIES AND CONDUCT OF EMPLOYEES AND AGENTS

           Division 1--Officers' liabilities

   349.    Liability of officers of bodies corporate—failure to exercise due diligence  
   350.    Liability of officers of bodies corporate—failure to exercise due diligence (legal burden of proof)  
   351.    Liability of officers of bodies corporate—accessorial liability  
   352.    Application of civil penalties to officers of bodies corporate  

           Division 2--Conduct of employees and agents

   353.    Conduct of employee, agent or officer taken to be conduct of body corporate  

   PART 11.9--DEFENCE OF EMERGENCY

   354.    Emergency  

   PART 12.1--SIMPLIFIED OUTLINE

   355.    Simplified outline—Chapter 12  

   PART 12.2--ENVIRONMENT PROTECTION AUTHORITY

   356.    Environment Protection Authority  
   357.    Objective of the Authority  
   358.    Functions of the Authority  
   359.    Powers of the Authority  
   360.    Staff  
   361.    Environment Protection Authority Governing Board  
   362.    Functions of the Governing Board  
   363.    Chairperson and deputy Chairperson  
   364.    Conditions of office for Governing Board members  
   365.    Vacancies, resignations and removal from office  
   366.    Acting appointments  
   367.    Validity of acts or decisions  
   368.    Proceedings of the Governing Board  
   369.    Resolutions without meetings  
   370.    Pecuniary interests of members of the Governing Board  
   371.    Improper use of information  
   372.    Governing Board may establish advisory committees  
   373.    Chief executive officer  
   374.    Chief environmental scientist  

   PART 12.3--GENERAL PROVISIONS

   375.    Application of the Public Administration Act 2004  
   376.    Remuneration and expenses  
   377.    Mandatory notification of corrupt conduct to IBAC  
   378.    Consultation prior to notification  
   379.    Communication of information to the IBAC  
   380.    Authority not to prejudice investigations of the IBAC  

   PART 14.1--SIMPLIFIED OUTLINE

   428.    Simplified outline—Chapter 14  

   PART 14.2--REVIEW OF DECISIONS

           Division 1--Review by the Authority

   429.    Review by the Authority  

           Division 2--Review by VCAT

   430.    Decisions reviewable by VCAT  
   431.    Applications for review by VCAT  
   432.    Specific grounds of review  
   433.    Joinder of parties  
   434.    Application for review by third parties  
   435.    Matters VCAT must take into account  
   436.    Application for declaration  

   PART 14.3--DELEGATIONS

   437.    Delegation  

   PART 14.4--FINANCIAL MATTERS

   438.    Fees and penalties to be paid into the Consolidated Fund  
   439.    Exceptions to requirement to pay fees and penalties into the Consolidated Fund  
   440.    Further exceptions to requirement to pay fees and penalties into the Consolidated Fund in relation to Part 6.3  
   441.    Environment Protection Fund  
   442.    Investment of money from Environment Protection Fund  
   443.    Treasurer may make grants or advances out of the Environment Protection Fund  
   444.    Payments into the Environment Protection Fund  
   445.    Payments out of the Environment Protection Fund  
   446.    General Waste Levy Account  
   447.    Restorative Project Account  
   448.    Municipal and Industrial Waste Levy Trust Account  
   449.    Sustainability Fund Account  
   450.    Priority statement  
   451.    Sustainability Fund Account guidelines  

   PART 14.5--INFORMATION SHARING

           Division 1--Collection, use, disclosure and publication of information

   452.    Authority may collect, use, disclose or publish information  
   453.    Unauthorised disclosure of commercially sensitive information  
   454.    Public warning statements  

           Division 2--Public Register

   455.    Public Register  
   456.    Information to be kept on the Public Register  
   457.    Public access to the Public Register  

   PART 14.6--DESIGNATED AGENCIES

   458.    Power of Authority to designate agency to have specified responsibilities etc. in areas that pose risk of harm to human health or the environment  

   PART 14.7--EXEMPTIONS

   459AA.  Notice and payment of additional application fee  
   459.    Exemptions  
   459A.   Timing for dealing with applications for exemptions  
   459B.   Authority may require additional information  

   PART 14.8--IMPERSONATION, INTERFERENCE, AND INFORMATION OFFENCES

   460.    Impersonation  
   461.    False representations relating to Authority approval  
   462.    Interference with equipment  
   463.    Provision of false information  

   PART 14.9--INTEREST

   463A.   Authority may charge interest on unpaid fees  

   PART 15.1--SIMPLIFIED OUTLINE

   464.    Simplified outline—Chapter 15  

   PART 15.2--REGULATIONS

   465.    Regulations  
   465A.    Incorporation powers for certain documents  
   466.    Effect of compliance with regulations  

   PART 16.1--SIMPLIFIED OUTLINE

   467.    Simplified outline—Chapter 16  

   PART 16.2--GENERAL

   468.    Definitions  
   469.    General transitional provisions  

   PART 16.3--TRANSITIONAL PROVISIONS: PERMISSIONS, NOTICES, DIRECTIONS AND ORDERS

           Division 1--Permissions

   470.    When a new permission is the equivalent of an old permission  
   471.    Continuation of permissions  
   471A.   New permissions issued or granted by council or Authority  
   471B.   New permissions equivalent to old permissions issued under section 20 of old Act  
   472.    Amendment of new permissions by Authority  
   473.    Continuation of exemptions  
   474.    Pending application for old permission to be treated as application for new permission  
   475.    Certain other pending applications  

           Division 2--Notices, directions and orders

   476.    Continuation of notices and directions  
   477.    Notifiable chemical orders  

   PART 16.4--TRANSITIONAL PROVISIONS: ENVIRONMENTAL AUDITS

   478.    Environmental audits  
   479.    Certificates of environmental audits and statements of environmental audit  

   PART 16.6--TRANSITIONAL PROVISIONS: FINANCIAL MATTERS

           Division 1--Funds

   488.    Money standing to the credit of Environment Protection Fund  
   489.    Money standing to the credit of General Landfill Levy account  
   490.    Money standing to the credit of Municipal and Industrial Landfill Levy Trust Account  
   491.    Money standing to the credit of Sustainability Fund Account  
   492.    Priority statement and guidelines  

           Division 2--Landfill levy

   493.    Requirement to pay landfill levy  

           Division 3--Financial assurances

   494.    Transitional provision—financial assurances  

   PART 16.7--TRANSITIONAL PROVISIONS: CONTINUATION OF CERTAIN APPOINTMENTS AND ROLES

   495.    Litter enforcement officers  
   496.    Residential noise enforcement officers  
   497.    Environmental auditors  
   498.    Analysts  

   PART 16.8--TRANSITIONAL PROVISIONS: VCAT MATTERS

   499.    General provisions relating to VCAT  

   PART 16.9--TRANSITIONAL PROVISIONS: REGULATIONS

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

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

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

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

           Division 3--Transitional regulations

   PART 16.10--TRANSITIONAL PROVISIONS--VICTORIAN WASTE AND RESOURCE RECOVERY INFRASTRUCTURE PLANNING FRAMEWORK

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

   PART 17.1--TRANSITIONAL PROVISIONS--ENVIRONMENT LEGISLATION AMENDMENT (CIRCULAR ECONOMY AND OTHER MATTERS) ACT 2022

   503A.   Definitions  
   504.    Application fees  
   505.    Time for determining applications, request for additional information  
           SCHEDULE 1
           ENDNOTES


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