Victorian Numbered Acts Victorian Numbered ActsAfter Division 2AB of Part IX of the Environment Protection Act 1970 insert —
(1) There is established a body corporate called the Metropolitan Waste Management Group.
(2) The Metropolitan Waste Management Group—
(a) has perpetual succession;
(b) is capable of acquiring, holding and disposing of property;
(c) may sue and be sued in its corporate name;
(d) has a common seal;
(e) 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 the Metropolitan Waste Management Group can only be used in a way approved by the Metropolitan Waste Management Group.
(4) All courts and people acting judicially must take judicial notice of the common seal of the Metropolitan Waste Management Group.
The Metropolitan Waste Management Group is not, and is not to be taken to represent, the Crown.
Despite section 50A, the Metropolitan Waste Management 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 .
(1) The objectives of the Metropolitan Waste Management Group are to—
(a) plan, coordinate and facilitate metropolitan councils' procurement of waste management and resource recovery services; and
(b) assist metropolitan councils to undertake collective and joint efforts to—
(i) reduce the generation of waste; and
(ii) maximise the sustainable recovery of materials from waste for reuse, recycling and reprocessing and energy recovery; and
(iii) minimise the damage to the environment caused by waste disposal.
(2) In seeking to achieve its objectives, the Metropolitan Waste Management Group must collaborate with metropolitan councils, Sustainability Victoria, the Authority, industry, business and the community.
The functions of the Metropolitan Waste Management Group are to—
(a) facilitate the provision of waste management services and facilities by metropolitan councils;
(b) enter into contracts and arrangements to develop and facilitate waste management services and facilities contracts for metropolitan councils;
(c) manage contracts and arrangements between metropolitan councils and the providers of waste management services and facilities to those metropolitan councils;
(d) promote, commission and undertake research into municipal waste management and resource efficiency on behalf of metropolitan councils;
(e) advise metropolitan councils on best practices in municipal waste management and resource efficiency;
(f) promote improved waste management and resource efficiency technologies;
(g) coordinate and support community education programs relating to waste management and avoidance in metropolitan Melbourne;
(h) assess the need for, and plan for, municipal waste management infrastructure and landfills in metropolitan Melbourne;
(i) generally provide support to the Metropolitan Waste Management Forum to enable it to perform its functions.
(1) Subject to sub-section (2), the Metropolitan Waste Management Group may do all things that are necessary or convenient to enable it to carry out its functions and achieve its objective.
(2) The Metropolitan Waste Management Group cannot own or operate a waste management facility.
(1) There is to be a Board of directors of the Metropolitan Waste Management Group consisting of 8 directors appointed in accordance with section 50AG.
(2) The Board of directors—
(a) is responsible for the management of the affairs of the Metropolitan Waste Management Group; and
(b) may exercise all the powers of the Metropolitan Waste Management Group.
(1) The directors are to be appointed by the Governor in Council on the recommendation of the Minister.
(2) Of the directors—
(a) 4 are to be nominated in accordance with section 49T by the Metropolitan Local Governments' Waste Forum to the Minister for recommendation under sub-section (1); and
(b) 4 are to be recommended by the
Minister who—
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(i) may only recommend a person who, in the opinion of the Minister, has skills, experience or knowledge that will assist the Metropolitan Waste Management Group to carry out its functions and achieve its objectives; and
(ii) must attempt to ensure that collectively the directors of the Metropolitan Waste Management Group have skills, experience or knowledge relating to local government, financial management, contract management, risk management, environmental policy, waste management and resource efficiency.
(3) A person cannot be nominated or recommended for appointment as a director if the person—
(a) is an insolvent under administration within the meaning of the Corporations Act; 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 sub-section (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 the Metropolitan Local Governments' Waste Forum fails to make any nominations under section 49T(3)(a) or 49T(3)(b) 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 those sections.
(1) A director—
(a) holds office for the period specified in the instrument of appointment, which must be a period of not more than 4 years;
(b) holds office on the terms and conditions determined by the Governor in Council;
(c) may be re-appointed;
(d) may resign from office by delivering a signed letter of resignation to the Governor in Council;
(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 within the meaning of the Corporations Act; or
(b) is convicted of an indictable offence or is imprisoned for any offence; or
(c) fails to comply with section 50AJ.
(1) A meeting of the Metropolitan Waste Management Group is to be presided over by—
(a) the Chairperson; or
(b) in the absence of the Chairperson, the Deputy Chairperson; or
(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 at least a majority of the directors are present.
(3) For the purposes of sub-section (2), for the period of 2 months commencing on the commencement of section 42 of the Environment Protection (Amendment) Act 2006 , if 3 of the 4 directors recommended by the Minister under section 50AG(2)(b) are present at a meeting, a majority of the directors are deemed to be present.
(4) The decision on a question of the majority of the directors present and voting on the question is the decision of the Metropolitan Waste Management Group.
(5) 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.
(6) The Metropolitan Waste Management Group may conduct all or any part of a meeting by using telephones, video links or any other system of telecommunication.
(7) Subject to this Act, the Metropolitan Waste Management Group may otherwise regulate its own procedure.
(1) A director who has a direct or an indirect pecuniary interest in any matter being considered, or about to be considered, by the Metropolitan Waste Management Group must disclose the nature of that interest at a meeting of the Metropolitan Waste Management 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 in conflict with his or her duties as a director, must disclose that fact at a meeting of the Metropolitan Waste Management 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 contract or other matter to which the disclosure relates.
(5) If a director votes on a matter in contravention of sub-section (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 1 percent of the total nominal value of beneficial interests in that company or body.
(1) An act or decision of the Metropolitan Waste Management Group is not invalid merely because of—
(a) a vacancy in the membership of the Metropolitan Waste Management 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.
The Metropolitan Waste Management Group may, by an instrument under its common seal, delegate to the Chairperson, a director, the Chief Executive Officer or any employee referred to in section 50AN any function, duty or power of the Metropolitan Waste Management Group under this Act or the regulations or under any other Act or regulations, other than this power of delegation.
(1) The Metropolitan Waste Management Group must, with the approval of the Minister, appoint a person as Chief Executive Officer of the Metropolitan Waste Management Group.
(2) The Chief Executive Officer holds office for the period, not exceeding 5 years, specified in the instrument of his or her appointment.
(3) The Chief Executive Officer is responsible to the Metropolitan Waste Management Group for the carrying out of the Metropolitan Waste Management Group's functions.
(4) The Chief Executive Officer must comply with the directions of the Metropolitan Waste Management Group.
(5) The Chief Executive Officer may, by instrument, delegate to any employee referred to in section 50AN, any responsibility, power, authority, duty or function conferred on the Chief Executive Officer under this Act or the regulations, except this power of delegation.
(1) The Metropolitan Waste Management Group may employ any employees that are necessary to enable the Metropolitan Waste Management Group to perform its functions.
(2) The Metropolitan Waste Management Group is to determine the pay and conditions of employment of its employees, subject to the approval of the Minister.
(1) The Minister may issue written directions to the Metropolitan Waste Management Group.
(2) The Metropolitan Waste Management Group must comply with a written direction of the Minister.
The Metropolitan Waste Management Group must comply with any procurement directions or guidelines issued by the Treasurer in consultation with the Minister in carrying out its functions.
(1) Each year the Metropolitan Waste Management 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—
(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
(b) that is consistent with—
(i) the Metropolitan Waste and Resource Recovery Strategic Plan;
(ii) any relevant waste management or resource 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, the Metropolitan Waste Management Group must submit a final business plan to the Minister for approval on or before the date required by the Minister.
(3) The Metropolitan Waste Management Group must not depart significantly from its budget without first obtaining the approval of the Minister.
(4) The Metropolitan Waste Management Group must have regard to its current business plan in carrying out its functions.
(5) The Metropolitan Waste Management 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.
(1) If a metropolitan council enters into a contract, arrangement or agreement with the Metropolitan Waste Management Group, the metropolitan 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 metropolitan council in the Metropolitan Local Governments' Waste Forum.
(3) If a metropolitan council engages in procurement activities of the Metropolitan Waste Management Group which comply with any procurement directions or guidelines issued under section 50AP, the metropolitan council is exempt from the requirements of section 193 of the Local Government Act 1989 .
On the commencement of section 42 of the Environment Protection (Amendment) Act 2006 —
(a) the Eastern Regional Waste Management Group, the Northern Regional Waste Management Group, the South Eastern Regional Waste Management Group and the Western Regional Waste Management Group are dissolved;
(b) the Metropolitan Waste Management Group is the successor in law to the Eastern Regional Waste Management Group, the Northern Regional Waste Management Group, the South Eastern Regional Waste Management Group and the Western Regional Waste Management Group;
(c) a person who, immediately before that commencement, was an employee of the Eastern Regional Waste Management Group, the Northern Regional Waste Management Group, the South Eastern Regional Waste Management Group or the Western Regional Waste Management Group is to be regarded as having been employed under section 50AN with effect from that commencement on the same terms and conditions as those that applied to him or her immediately before that commencement and with accrued entitlements equivalent to the entitlements that he or she had accrued immediately before that commencement;
(d) a reference in any Act (other than this Act), regulation, subordinate instrument or other document whatsoever to the the Eastern Regional Waste Management Group, the Northern Regional Waste Management Group, the South Eastern Regional Waste Management Group or the Western Regional Waste Management Group is to be construed as a reference to the Metropolitan Waste Management Group, unless the contrary intention appears.
(1) There is to be a Metropolitan Waste and Resource Recovery Strategic Plan.
(2) The objective of the Metropolitan Waste and Resource Recovery Strategic Plan is to—
(a) provide a long term vision for the management and reduction of waste in metropolitan Melbourne; and
(b) identify short term and long term waste infrastructure needs and schedule the development of landfill sites.
(3) The Metropolitan Waste and Resource Recovery Strategic Plan is to consist of—
(a) Part 1—The Metropolitan Plan;
(b) Part 2—The Municipal Solid Waste Infrastructure Schedule;
(c) Part 3—The Metropolitan Landfill Schedule.
(4) The Minister must appoint a person or body to be responsible for ensuring that the Metropolitan Waste and Resource Recovery Strategic Plan is prepared.
(5) The Minister must nominate a person or body to develop Part 1—The Metropolitan Plan.
(6) The Metropolitan Waste Management Group must develop Part 2—The Municipal Solid Waste Infrastructure Schedule.
(7) The Metropolitan Waste Management Group must develop Part 3—The Metropolitan Landfill Schedule.
(1) The purpose of Part 1—The Metropolitan Plan is to set the strategic framework for the management of all solid waste in metropolitan Melbourne.
(2) Without limiting the generality of sub-section (1), Part 1—The Metropolitan Plan must—
(a) include an analysis of the long term trends for the generation, management and reduction of municipal solid waste, construction and demolition waste and commercial and industrial waste;
(b) identify future waste volumes and processing needs;
(c) include a strategic analysis of
existing infrastructure and services for waste management and resource
recovery of materials and energy;
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(d) identify options for waste minimisation and resource recovery, waste collection and transport and waste disposal and provide a social and economic assessment of the options identified;
(e) identify programs for infrastructure and services development to ensure that projected needs for waste management, resource recovery and resource efficiency can be met;
(f) specify measures for litter prevention and control within metropolitan Melbourne.
(3) Part 1—The Metropolitan Plan must not be inconsistent with the solid industrial waste management plan.
(4) The person or body nominated under section 50B(5) to prepare Part 1—The Metropolitan Plan must—
(a) consult with the Metropolitan Waste Management Group, metropolitan councils, industry and other relevant stakeholders; and
(b) advertise in a newspaper circulating generally throughout metropolitan Melbourne that a draft Metropolitan Plan has been prepared; and
(c) include in the advertisement—
(i) an outline of the draft Metropolitan Plan; and
(ii) advice as to where a copy of the draft Metropolitan Plan can be obtained or examined; and
(iii) a statement inviting anyone with an interest in the draft Metropolitan Plan to make comments within 28 days after the date of publication of the advertisement; and
(d) consider any comments that are made in response to the invitation.
(5) Consultation under this section may be conducted jointly with, or separately from, consultation conducted under sections 50BB and 50BC.
(1) The purpose of Part 2—The Municipal Solid Waste Infrastructure Schedule is to set out a schedule of existing and required infrastructure for municipal solid waste.
(2) Without limiting the generality of sub-section (1), Part 2—The Municipal Solid Waste Infrastructure Schedule must—
(a) include an assessment of the need, priorities and general preferred locations for municipal waste management facilities (other than landfill) within metropolitan Melbourne;
(b) contain a detailed description of existing municipal waste and resource recovery infrastructure within metropolitan Melbourne;
(c) identify the type, timeframe and general location of new municipal waste and resource recovery infrastructure within metropolitan Melbourne.
(3) The Metropolitan Waste Management Group
must—
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(a) consult with relevant stakeholders; and
(b) advertise in a newspaper circulating generally throughout metropolitan Melbourne that a draft Municipal Solid Waste Infrastructure Schedule has been prepared; and
(c) include in the advertisement—
(i) an outline of the draft Municipal Solid Waste Infrastructure Schedule; and
(ii) advice as to where a copy of the draft Municipal Solid Waste Infrastructure Schedule can be obtained or examined; and
(iii) a statement inviting anyone with an interest in the draft Municipal Solid Waste Infrastructure Schedule to make comments within 28 days after the date of publication of the advertisement; and
(d) consider any comments that are made in response to the invitation.
(4) Consultation under this section may be conducted jointly with, or separately from, consultation conducted under sections 50BA and 50BC.
(5) After complying with sub-section (3), the Metropolitan Waste Management Group must provide a copy of the draft Municipal Solid Waste Infrastructure Schedule to the Secretary to the Department of Sustainability and Environment for approval.
(6) The Secretary to the Department of Sustainability and Environment may—
(a) approve the draft Municipal Solid Waste Infrastructure Schedule; or
(b) approve the draft Municipal Solid Waste Infrastructure Schedule subject to specified changes being made.
(7) If the draft Municipal Solid Waste Infrastructure Schedule is approved under sub-section (6), it forms part of the Metropolitan Waste and Resource Recovery Strategic Plan.
(1) The purpose of Part 3—The Metropolitan Landfill Schedule is to set out a schedule identifying the location and sequence for the filling and operation of landfill sites.
(2) Without limiting the generality of sub-section (1), Part 3—The Metropolitan Landfill Schedule must—
(a) specify the proposed sequence for the filling of available landfill sites for at least the next 10 years;
(b) include a program for replacing and rehabilitating existing landfill sites;
(c) list the intended or likely date of closure of each landfill site;
(d) identify options for future landfill capacity.
(3) Part 3—The Metropolitan Landfill Schedule must not be inconsistent with any relevant—
(a) State environment protection policy; or
(b) waste management policy; or
(c) waste management strategy published by Sustainability Victoria; or
(d) solid industrial waste management plan.
(4) The Metropolitan Waste Management Group must—
(a) consult with relevant stakeholders; and
(b) advertise in a newspaper circulating generally throughout metropolitan Melbourne that a draft Metropolitan Landfill Schedule has been prepared; and
(c) must include in the advertisement—
(i) an outline of the draft Metropolitan Landfill Schedule; and
(ii) advice as to where a copy of the draft Metropolitan Landfill Schedule can be obtained or examined; and
(iii) a statement inviting anyone with an interest in the draft Metropolitan Landfill Schedule to make comments within 28 days after the date of publication of the advertisement; and
(d) must consider any comments that are made in response to the invitation.
(5) Consultation under this section may be conducted jointly with, or separately from, consultation conducted under sections 50BA and 50BB.
(6) After complying with sub-section (4), the Metropolitan Waste Management Group must provide a copy of the draft Metropolitan Landfill Schedule to the Authority for approval.
(7) The Authority may—
(a) approve the draft Metropolitan Landfill Schedule; or
(b) approve the draft Metropolitan Landfill Schedule subject to specified changes being made.
(8) If the draft Metropolitan Landfill Schedule is approved under sub-section (7), it forms part of the Metropolitan Waste and Resource Recovery Strategic Plan.
(1) The Metropolitan Waste and Resource Recovery Strategic Plan takes effect on the date on which the Minister publishes a notice in the Government Gazette stating that the Minister has endorsed the Metropolitan Waste and Resource Recovery Strategic Plan.
(2) The Metropolitan Waste and Resource Recovery Strategic Plan continues in force until the Minister publishes a notice in the Government Gazette stating that the Minister has endorsed a new Metropolitan Waste and Resource Recovery Strategic Plan.
(1) The person or body nominated under section 50B(5) to prepare Part 1—The Metropolitan Plan may amend Part 1—The Metropolitan Plan at any time if the amendment is not of a substantive matter.
(2) The Metropolitan Waste Management Group may amend—
(a) Part 2—The Municipal Solid Waste Infrastructure Schedule; or
(b) Part 3—The Metropolitan Landfill Schedule—
at any time in accordance with sub-section (3).
(3) Subject to sub-section (4)—
(a) sections 50BB(3), 50BB(5), 50BB(6) and 50BB(7) apply to an amendment to Part 2—The Municipal Solid Waste Infrastructure Schedule;
(b) sections 50BC(4), 50BC(5),
50BC(6), 50BC(7) and 50BC(8) apply to an amendment to Part 3—The
Metropolitan Landfill Schedule.
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(4) If an amendment to Part 2—The Municipal Solid Waste Infrastructure Schedule or Part 3—The Metropolitan Landfill Schedule is of a fundamentally declaratory, machinery or administrative nature, sub-section (3) does not apply.
(5) An amendment to—
(a) Part 1—The Metropolitan Plan to which sub-section (1) applies, takes effect on the date on which the Minister publishes a notice in the Government Gazette stating that the Minister has endorsed the amendment;
(b) Part 2—The Municipal Solid Waste Infrastructure Schedule takes effect on the date on which the Secretary to the Department of Sustainability and Environment publishes a notice in the Government Gazette stating that the Secretary to the Department of Sustainability and Environment has approved the amendment;
(c) Part 3—The Metropolitan Landfill Schedule takes effect on the date on which the Authority publishes a notice in the Government Gazette stating that the Authority has approved the amendment.
The regional waste management plans in force under Division 2B as at the commencement of section 42 of the Environment Protection (Amendment) Act 2006 and applying in metropolitan Melbourne continue in effect until the first Metropolitan Waste and Resource Recovery Strategic Plan takes effect under section 50BD.
(1) The Metropolitan Waste and Resource Recovery Strategic Plan must be reviewed within 4 years of the date that the current Metropolitan Waste and Resource Recovery Strategic Plan took effect under section 50BD.
(2) The Minister may require that the Metropolitan Waste and Resource Recovery Strategic Plan or a specified part of the Metropolitan Waste and Resource Recovery Strategic Plan must be reviewed within the period specified by the Minister.
(3) Sections 50BA, 50BB and 50BC apply in respect of a review.
(1) A metropolitan council must perform its waste management functions in a manner which is consistent with the Metropolitan Waste and Resource Recovery Strategic Plan.
(2) A metropolitan council that disposes of waste outside the metropolitan Melbourne region must dispose of that waste in a manner which is consistent with the regional waste management plan of the group in whose waste management region the waste is being disposed.
(3) A council which is not a metropolitan council and disposes of waste within the metropolitan Melbourne region must not do anything that is inconsistent with the Metropolitan Waste and Resource Recovery Strategic Plan in relation to that disposal of waste.
(4) Any person involved in the generation, management or transport of waste within the metropolitan Melbourne region must not do anything that is inconsistent with the Metropolitan Waste and Resource Recovery Strategic Plan in relation to that waste while the waste is in that region.
(1) The Authority may refuse to consider any application from a person for works approval, the issue of a licence or the amendment of a licence in relation to a landfill in metropolitan Melbourne if the person is in breach of any relevant requirement of Part 3—The Metropolitan Landfill Schedule.
(2) Subject to sub-section (3), the Authority must refuse to issue a works approval for a new landfill in metropolitan Melbourne if the landfill is not provided for in the proposed sequence for the filling of available landfill sites in Part 3—The Metropolitan Landfill Schedule.
(3) The Authority cannot refuse, on the ground referred to in sub-section (2), to issue a works approval to a landfill that is privately owned and that will only receive wastes that consist of substances that were owned by the owner of the site before they 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.".