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SectionPageDivision 2AD—Regional Waste and Resource RecoveryImplementation n of draft Regional Waste and ResourceRecovery Implementation PlansObjective of Regional Waste and Resource RecoveryImplementation PlansContent of Regional Waste and Resource RecoveryImplementation PlansConsultation during preparation of Regional Waste andResource Recovery Implementation PlansFurther preparation of Regional Waste and ResourceRecovery Implementation PlansPublication of approval of Regional Waste and ResourceRecovery Implementation PlansPublication of Regional Waste and Resource RecoveryImplementation PlansAmendment of Regional Waste and Resource RecoveryImplementation PlansConsistency with Regional Waste and Resource RecoveryImplementation PlansDivision 2AE—Other provisions for the State-Wide Waste andResource Recovery Infrastructure Plan and Regional Waste andResource Recovery Implementation Plans50C50CAAuthority may refuse applications for certain facilities ifPlans not observedGuidelines for PlansDivision 3—Landfill 75Landfill levy—amount payableRebate for recycled wasteRebate for recycled prescribed industrial wasteRebate for cover materialPayment of the levyRefunds by the AuthorityPremises that may not be leviedCalculation of estimates of weightRequirement to keep appropriate recordsRequirement to provide Authority with informationconcerning levyInformation about waste categories must be givenAuthority may increase low estimatesTribunal may review revised estimatesRights and powers of the Authority if levy not paidAgreement to offset refund owingAuthorised by the Chief Parliamentary 285285

SectionPageDivision 4—Industry waste reduction agreements5151A51B51C51D51E51F51GApplication of this DivisionIndustry waste reduction agreementsCriteria to be satisfied before Authority enters into anagreementMonitoring by the AuthorityAmendments to agreementsAuthority may require a person to enter agreementNotice of breach of agreementReports to ParliamentDivision 5—Amendment of Schedule C51RGovernor in Council may amend Schedule CPart IXA—Transport of prescribed waste5353A53B53C53D53E53F53GExemptionsPermit requiredObligation of consignor of wasteObligation to record and notifyObligation of producers of wasteContravention of permit conditionIssue of transport permitsFeesPart IXB—Septic tank nitionsDeclaration of area by municipal councilPermit requiredApplication for a permitCompliance with permitApproval of septic tank systemMaintenance of septic tank systemsAnnual return300301301301303303303304Part IXC—Regulation of waste emitting products30553P53QRegulations concerning products that may damage theenvironmentOffence to fail to comply with regulationsPart IXD—Environmental audits53R53S53T53U53V305306307Purpose of PartAppointment of environmental auditorFees paid by an environmental auditorEngagement of an environmental auditorEnvironmental audit report on risk caused by industrialprocess etc.Authorised by the Chief Parliamentary Counselix307307308308309

mental audit of condition of segment ofenvironmentEnvironmental audit report on condition of segment of theenvironmentCertificate of environmental auditStatement of environmental auditIncorrect certificate or statement of environmental auditNotificationOffencesRevocation of environmental auditor appointmentNotification of received statements309310310311311313314314315Part X—General316Division 1—Information to be given to the Authority3165454AFurnishing of informationFurnishing of information relating to emission of wastes ornoise from motor vehiclesDivision 1A—The Authority and the IBAC54C54D54E54FMandatory notification of corrupt conduct to IBACConsultation prior to notificationCommunication of information to the IBACAuthority not to prejudice investigations of the IBACDivision 2—Powers of the Authority and authorized officers5555AA55A55AB55AC55B55C56Powers etc. of authorized officersDefinitionsAuthority may require vehicle or ship to be made availablefor testingAppointment of approved testersCertificate of complianceNotice for the making available of certain equipment forinspection etc.Prohibition of use of vehicleGiving name and addressDivision 3—Evidentiary and other legal matters5757A57B57C57D585959A59AAAuthorized officers and analystsReports and certificatesCertificate concerning ownership of vehicleCertificate concerning litter offencesCertificate concerning presence of junk mail signReports and certificates may be served with summonsPersons who may take proceedingsStatement to be evidence of authorityExecution of documents by AuthorityAuthorised by the Chief Parliamentary 334336337337338339339340342343344346

Section59AB59AC59ADPageEvidenceAppearance in proceedings for an offenceSummary jurisdiction in indictable offencesDivision 4—Offences59B59C59D59E60350Offences of a fraudulent natureOffences relating to monitoring equipmentOffence relating to false informationOffence of aggravated pollutionDisclosure of information an offenceDivision 5—Additional legal ication of noticesRevocation of noticesService of noticesEffect of notice of amendment which reprint documentamendedAbatement of pollution in certain casesNotice to take clean up and on-going managementmeasuresSpecial powers of authorized officers where imminentdanger to life or limb or to the environmentPresumption that occupier caused discharge etc.Owner and master of ship each guilty of pollution fromshipInfringement noticesPenalty for failing to obey order to abate pollutionAuthority may obtain injunctionSaving of rights at lawOrders for compensation immediately after a finding ofguiltAbatement of pollution by protection agencyPower to Authority to designate agency to have specifiedresponsibilities etc. in polluted areasOffences by corporations and partnerships etc.Authority to be able to recover costs of analysisGeneral penaltyHigher penalty for certain intentional offencesCourt may order offenders to take specified actionsAgreement to waive time limitsFinancial assurancesClaims on financial assurancesEnforceable undertakingsEnforcement of undertakingsGuidelinesRegister of undertakingsAuthorised by the Chief Parliamentary 84385387388

SectionPageDivision 6—Administrative and miscellaneous matters6868A68B697070ADelegationPower to delegateProvisions applicable to delegationsFees and penalties to be paid to the Consolidated FundEnvironment Protection FundRestrictions concerning the distribution of money derivedfrom the general landfill levyPriority statementRestrictions concerning section 70A(b) guidelinesGeneral Landfill Levy AccountMunicipal and Industrial Landfill Levy Trust AccountSustainability Fund AccountRegulationsProvision for matter by referenceTransitional provisions—Health and Human ServicesLegislation Amendment Act 2010Transitional provisions—Environment Protection andSustainability Victoria Amendment Act 7398399400401401416416417Schedules419Schedule A—Infringements419Schedule C—Municipal districts to which section 50S(1) applies421Schedule D—Amount payable as landfill levy422Schedule DA—Amount payable as landfill levy from 1 July 2015423Schedule E—Amount payable as prescribed industrial wastelandfill levy for each tonne deposited to land (in dollars)424 Endnotes4251General information4252Table of Amendments4273Amendments Not in Operation4414Explanatory details443Authorised by the Chief Parliamentary Counselxii

Authorised Version No. 210Environment Protection Act 1970No. 8056 of 1970Authorised Version incorporating amendments as at2 July 2018An Act to establish an Environment Protection Authority, tomake Provision with respect to the Powers, Duties, andFunctions of that Authority, to make further Provision for theProtection of the Environment and for other Purposes.BE IT ENACTED by the Queen's Most Excellent Majesty byand with the advice and consent of the Legislative Counciland the Legislative Assembly of Victoria in this presentParliament assembled and by the authority of the same asfollows (that is to say):Part I—Introduction1 Short title and commencement(1) This Act may be cited as the EnvironmentProtection Act 1970.(2) The several provisions of this Act shall come intooperation on a day or the respective days to befixed by proclamation or successive proclamationsof the Governor in Council published in theGovernment Gazette.Authorised by the Chief Parliamentary Counsel1New Pt 1(Heading)inserted byNo. 10160s. 4(a).

Environment Protection Act 1970No. 8056 of 1970Part I—IntroductionS. 1(3)amended byNos 8823s. 3(2), 9207s. 8, 9803s. 5(2)(a),10092 s. 16(2),repealed byNo. 10160s. 4(b).S. 1Ainserted byNo. 7/2001s. 3.*****1A Purpose of Act(1) The purpose of this Act is to create a legislativeframework for the protection of the environmentin Victoria having regard to the principles ofenvironment protection.(2) The principles of environment protection are setout in sections 1B to 1L.(3) It is the intention of Parliament that in theadministration of this Act regard should be givento the principles of environment protection.S. 1Binserted byNo. 7/2001s. 3.1B Principle of integration of economic, social andenvironmental considerations(1) Sound environmental practices and proceduresshould be adopted as a basis for ecologicallysustainable development for the benefit of allhuman beings and the environment.(2) This requires the effective integration ofeconomic, social and environmentalconsiderations in decision making processes withthe need to improve community well-being andthe benefit of future generations.(3) The measures adopted should be cost-effectiveand in proportion to the significance of theenvironmental problems being addressed.Authorised by the Chief Parliamentary Counsel2

Environment Protection Act 1970No. 8056 of 1970Part I—Introduction1C The precautionary principle(1) If there are threats of serious or irreversibleenvironmental damage, lack of full scientificcertainty should not be used as a reason forpostponing measures to prevent environmentaldegradation.S. 1Cinserted byNo. 7/2001s. 3.(2) Decision making should be guided by—(a) a careful evaluation to avoid serious orirreversible damage to the environmentwherever practicable; and(b) an assessment of the risk-weightedconsequences of various options.1D Principle of intergenerational equityThe present generation should ensure that thehealth, diversity and productivity of theenvironment is maintained or enhanced for thebenefit of future generations.1E Principle of conservation of biological diversity andecological integrityThe conservation of biological diversity andecological integrity should be a fundamentalconsideration in decision making.1F Principle of improved valuation, pricing andincentive mechanisms(1) Environmental factors should be included in thevaluation of assets and services.(2) Persons who generate pollution and waste shouldbear the cost of containment, avoidance andabatement.(3) Users of goods and services should pay pricesbased on the full life cycle costs of providing thegoods and services, including costs relating to theuse of natural resources and the ultimate disposalof wastes.Authorised by the Chief Parliamentary Counsel3S. 1Dinserted byNo. 7/2001s. 3.S. 1Einserted byNo. 7/2001s. 3.S. 1Finserted byNo. 7/2001s. 3.

Environment Protection Act 1970No. 8056 of 1970Part I—Introduction(4) Established environmental goals should bepursued in the most cost effective way byestablishing incentive structures, including marketmechanisms, which enable persons best placed tomaximise benefits or minimise costs to developsolutions and responses to environmentalproblems.S. 1Ginserted byNo. 7/2001s. 3.1G Principle of shared responsibility(1) Protection of the environment is a responsibilityshared by all levels of Government and industry,business, communities and the people of Victoria.(2) Producers of goods and services should producecompetitively priced goods and services thatsatisfy human needs and improve quality of lifewhile progressively reducing ecologicaldegradation and resource intensity throughout thefull life cycle of the goods and services to a levelconsistent with the sustainability of biodiversityand ecological systems.S. 1Hinserted byNo. 7/2001s. 3.S. 1Iinserted byNo. 7/2001s. 3.1H Principle of product stewardshipProducers and users of goods and services have ashared responsibility with Government to managethe environmental impacts throughout the lifecycle of the goods and services, including theultimate disposal of any wastes.1I Principle of wastes hierarchyWastes should be managed in accordance with thefollowing order of preference—(a) avoidance;(b) re-use;(c) re-cycling;(d) recovery of energy;(e) treatment;Authorised by the Chief Parliamentary Counsel4

Environment Protection Act 1970No. 8056 of 1970Part I—Introduction(f) containment;(g) disposal.1J Principle of integrated environmental managementIf approaches to managing environmental impactson one segment of the environment have potentialimpacts on another segment, the best practicableenvironmental outcome should be sought.1K Principle of enforcementEnforcement of environmental requirementsshould be undertaken for the purpose of—S. 1Jinserted byNo. 7/2001s. 3.S. 1Kinserted byNo. 7/2001s. 3.(a) better protecting the environment and itseconomic and social uses;(b) ensuring that no commercial advantage isobtained by any person who fails to complywith environmental requirements;(c) influencing the attitude and behaviour ofpersons whose actions may have adverseenvironmental impacts or who develop,invest in, purchase or use goods and serviceswhich may have adverse environmentalimpacts.1L Principle of accountability(1) The aspirations of the people of Victoria forenvironmental quality should drive environmentalimprovement.(2) Members of the public should therefore begiven—(a) access to reliable and relevant information inappropriate forms to facilitate a goodunderstanding of environmental issues;(b) opportunities to participate in policy andprogram development.Authorised by the Chief Parliamentary Counsel5S. 1Linserted byNo. 7/2001s. 3.

Environment Protection Act 1970No. 8056 of 1970Part I—IntroductionPt 1 (Heading)repealed byNo. 10160s. 4(c).S. 2amended byNo. 10261s. 4(a).*****2 Application of ActS. 2(1)substituted byNo. 49/2000s. 9.(1) This Act binds the Crown in right of Victoria and,so far as the legislative power of the Parliamentpermits, the Crown in all its other capacities.S. 2(2)inserted byNo. 10261s. 4(b),substituted byNo. 20/1988s. 4(a),amended byNo. 62/2005s. 142.(2) This Act does not apply to a radiation sourcewithin the meaning of the Radiation Act 2005unless a condition of pollution or anenvironmental hazard has arisen or is likely toarise.3 Extra-territorial application of Act(1) This Act extends to and applies to and in relationto the territorial seas adjacent to the coasts ofVictoria.S. 3(1A)inserted byNo. 10092 s. 4.(1A) This Act extends to and applies to the discharge ofwaste to the River Murray from any premisessituated in Victoria and extends to and applies inrelation to any licence issued or proceedingsbrought in relation to such discharge.(2) Where the provisions of this Act or of anyregulations or orders made under this Act areinconsistent with any of the provisions of anyother Act, or of any regulations, by-laws, or otherlaws made under any other Act the provisions ofthis Act or of the regulations or orders made underthis Act shall prevail.Authorised by the Chief Parliamentary Counsel6

Environment Protection Act 1970No. 8056 of 1970Part I—Introduction4 Definitions(1) In this Act unless inconsistent with the context orsubject-matter—accreditation means accreditation granted undersection 26B;*****S. 4(1) def. ofaccreditedlicenseeinserted byNo. 20/1994s. 13(1)(a),substituted asdef. ofaccreditationbyNo. 61/2006s. 3(a).S. 4(1) def. ofAdministrative AppealsTribunalinserted byNo. 9/1987s. 9(Sch. 3item 5.1),repealed byNo. 52/1998s. 311(Sch. 1item 27.1(a)).amend includes to add, delete, discharge or vary;S. 4(1) def. ofamendinserted byNo. 87/1989s. 4(a).analysis includes the taking of a sample or anytest, measurement, calculation orexamination made for the purpose ofdetermining the characteristics of any matteror substance or the effects of any discharge,emission or deposit of waste or any emissionof noise upon any segment of theenvironment;S. 4(1) def. ofanalysisamended byNo. 9207 s. 2,substituted byNo. 10261s. 5(a)(i).analyst means a person appointed under this Actas an analyst for the purposes of this Act;S. 4(1) def. ofanalystsubstituted byNo. 10092s. 5(1)(a).Authorised by the Chief Parliamentary Counsel7

Environment Protection Act 1970No. 8056 of 1970Part I—IntroductionS. 4(1) def. ofAuthorityrepealed byNo. 51/2017s. 27(1).*****authorized means authorized in writing by theAuthority either generally or specially;S. 4(1) def. ofauthorizedofficersubstituted byNo. 10092s. 5(1)(b).authorized officer means a person appointedunder this Act as an authorized officer forthe purposes of this Act;S. 4(1) def. ofBarwonSouth WestWaste andResourceRecoveryGroupinserted byNo. 20/2014s. 3(1).Barwon South West Waste and ResourceRecovery Group means the Waste andResource Recovery Group established for theBarwon South West Waste and ResourceRecovery Region;S. 4(1) def. ofBarwonSouth WestWaste andResourceRecoveryRegioninserted byNo. 20/2014s. 3(1).Barwon South West Waste and ResourceRecovery Region means the region thatconsists of the municipal districts of thefollowing 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;Authorised by the Chief Parliamentary Counsel8

Environment Protection Act 1970No. 8056 of 1970Part I—Introductionbeneficial use means a use of the environment orany element or segment o

Authorised by the Chief Parliamentary Counsel Section Page iv 37 Powers of Tribunal 169 37A Matters Tribunal must take into account 171 Part V—Clean water 173 38 Discharges etc. to comply with policy 173 39 Pollution of waters 173 Part VI—Clean air 175 40 Discharges etc. to comply with policy 175 41 Pollution of atmosphere 175 42 Particular offence 177