Victorian Numbered Acts Victorian Numbered ActsFor section 19A of the Environment Protection Act 1970 substitute —
(1) The occupier of a scheduled premises must not do any act or thing, including the commencement of any construction, installation or modification of plant, equipment or process or any subsequent step in relation thereto, which is likely to cause—
(a) an increase or alteration in the waste discharged or emitted from, deposited to, or produced at, the premises; or
(b) an increase or alteration in the waste which is, or substances which are a danger or potential danger to the quality of the environment or any segment of the environment which are, reprocessed, treated, stored, contained, disposed of or handled, at the premises; or
(c) a change in any method or equipment used at the premises for the reprocessing, treatment, storage, containment, disposal or handling of waste, or of substances which are a danger or potential danger to the quality of the environment or any segment of the environment; or
(d) a significant increase in the emission of noise; or
(e) a state of potential danger to the quality of the environment or any segment of the environment—
except in accordance with a works approval or a licence or a requirement specified in a notice given by the Authority as the case may be unless the act or thing is only in the course of and for the purpose of general maintenance.
(2) The occupier of a scheduled premises must not construct, relocate or reduce the height of any chimney through which waste is, or may be, discharged or emitted to the atmosphere or carry out any work which is the commencement of or any subsequent step in relation thereto, except in accordance with a works approval or a licence or a requirement specified in a notice given by the Authority as the case may be unless the work is only in the course of and for the purpose of general maintenance.
(3) The occupier of any premises must not do any act or thing in relation to those premises that would make those premises a scheduled premises except in accordance with a works approval, a research, development and demonstration approval or a notice issued by the Authority.
(4) 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 exempt the occupier from compliance with sub-section (1)(a) if the Authority is satisfied that the exemption will not result in a discharge, emission or deposit of waste which by reason of volume, location, constituency or manner—
(a) affects adversely the quality of any segment of the environment; or
(b) affects adversely the interests of any person other than the applicant.
(5) 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 exempt the occupier from compliance with sub-section (1)(b) or (1)(c) if the Authority is satisfied that the exemption will not result in the reprocessing, treatment, storage, containment, disposal or handling of—
(a) prescribed industrial waste; or
(b) substances which are a danger or a potential danger to the quality of the environment or any segment of the environment—
which by reason of volume, location, constituency or manner is or are likely to cause an environmental hazard or affect adversely the interests of any person other than the applicant.
(6) 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 exempt the occupier from compliance with sub-section (1)(d) if the Authority is satisfied that the exemption will not result in an emission of noise which by reason of volume, intensity, duration or location—
(a) affects adversely the quality of any segment of the environment; or
(b) affects adversely the interests of any person other than the applicant.
(7) An exemption given under sub-section (4), (5) or (6)—
(a) may be general or limited in operation according to time or any other circumstances; and
(b) may be revoked or amended by a written notice given by the Authority.
(8) Subject to sub-sections (4), (5) and (6), the occupier of any scheduled premises in respect of which there is not applicable an exemption under the regulations who contravenes sub-section (1), (2) or (3) is guilty of an indictable offence against this Act and liable to a penalty of not more than 2400 penalty units.
(9) A works approval, licence, requirement specified in a notice given by the Authority or an exemption in force before the commencement of section 5 of the Environment Protection (Amendment) Act 2006 continues to have the same force and effect as it would have had if that section had not come into operation.".