Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Environment Legislation Amendment (Circular
Economy and Other Matters) Act 2023
No. of 2023
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2--Amendment of Circular Economy (Waste Reduction and
Recycling) Act 2021 3
Division 1--Recycling Victoria Fund 3
3 New Division 7 inserted in Part 2 3
Division 2--Container deposit scheme 5
4 Definitions 5
5 Functions of the Head, Recycling Victoria--container deposit
scheme 6
6 Functions of Scheme Coordinator 6
7 Scheme Coordinator agreement 6
8 Content of Scheme Coordinator agreement 7
9 Appointment of Scheme Coordinator 9
10 Content of network operator agreements 9
11 Appointment of network operators 11
12 Payments to collection point operators 11
13 Determination of first supplier 11
14 Application for approval as suitable eligible container 12
15 Material recovery facilities protocol 12
16 Local government refund sharing protocol 12
17 Offence to supply beverage without supply arrangement with
Scheme Coordinator and container approval 13
18 Guidelines 13
19 Civil penalty order 13
20 Criminal liability of officers of bodies corporate--accessorial
liability 14
21 New heading to Division 1 of Part 9 inserted 14
22 New section 191A and Division 2 of Part 9 inserted 14
23 Schedule 1--Subject matter for Regulations 17
i
Clause Page
Division 3--Waste to energy scheme 17
24 Issue of cap licences 17
25 Conditions on cap licences 18
26 Issue of existing operator licences 18
27 Conditions on existing operator licences 19
28 Schedule 1--Subject matter for Regulations 19
Division 4--Miscellaneous 19
29 Regulations 19
30 Statute law revision 20
Part 3--Amendment of Environment Protection Act 2017 22
Division 1--Financial assurances 22
31 New section 218A inserted 22
32 Section 231 substituted and new sections 231A to 231N
inserted 23
33 Application for release of financial assurance 39
34 Decisions reviewable by VCAT 42
Division 2--Miscellaneous amendments 43
35 Definitions 43
36 Definition 45
37 Protection against self-incrimination 45
38 New sections 269A and 269B inserted 45
39 Notice to investigate 47
40 Environmental action notice 48
41 Site management orders 48
42 Cost recovery powers 48
43 Displacement of other laws 48
44 Reports and certificates 48
45 Liability of officers of bodies corporate--failure to exercise due
diligence 48
46 Delegation 49
47 New Part 14.9 inserted 49
48 Statute law revision--Part 17.1 50
Part 4--Repeal of this Act 51
49 Repeal of this Act 51
═════════════
Endnotes 52
1 General information 52
ii
Environment Legislation Amendment
(Circular Economy and Other Matters)
Act 2023
No. of 2023
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to amend the Circular Economy (Waste
Reduction and Recycling) Act 2021--
(i) to further provide for matters relating to
the container deposit scheme, the waste
to energy scheme and the recovery of
regulatory costs for those schemes; and
1
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 1--Preliminary
(ii) to expand the regulation-making power
in relation to fees; and
(b) to amend the Environment Protection
Act 2017 to improve the operation of that
Act.
2 Commencement
(1) This Part and Part 2 come into operation on the
day after the day on which this Act receives the
Royal Assent.
(2) Subject to subsection (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in subsection (2) does
not come into operation before 1 October 2024, it
comes into operation on that day.
2
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
Act 2021
Part 2--Amendment of Circular Economy
(Waste Reduction and Recycling) Act 2021
Division 1--Recycling Victoria Fund
3 New Division 7 inserted in Part 2
After Division 6 of Part 2 of the Circular
Economy (Waste Reduction and Recycling)
Act 2021 insert--
"Division 7--Recycling Victoria Fund
37AA Recycling Victoria Fund
(1) There must be established in the Public
Account as part of the Trust Fund an account
to be known as the Recycling Victoria Fund.
(2) The Recycling Victoria Fund is to be divided
into--
(a) the Container Deposit Scheme account;
and
(b) the Waste to Energy Scheme account.
37AB Payments into and from the Container
Deposit Scheme account
(1) The following are to be credited to the
Container Deposit Scheme account--
(a) payments made to the Minister or
Head, Recycling Victoria under this
Act in respect of the container deposit
scheme;
(b) payments made to the Head, Recycling
Victoria under the Scheme Coordinator
agreement;
(c) all money appropriated by Parliament
for the purposes of the Container
Deposit Scheme account.
3
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
Act 2021
(2) Money in the Container Deposit Scheme
account may be applied for the following
purposes--
(a) any costs associated with the container
deposit scheme;
(b) any amounts directed under subsection
(3) to be paid into the Consolidated
Fund.
(3) If the Treasurer is satisfied that there is in the
Container Deposit Scheme account at any
time an amount in excess of the amount
required to meet the anticipated payments
from the account, after consultation with the
Minister, the Treasurer may direct the
payment of the whole or any part of that
excess amount out of the account into the
Consolidated Fund.
37AC Payments into and from the Waste to
Energy Scheme account
(1) The following are to be credited to the Waste
to Energy Scheme account--
(a) payments made to the Head, Recycling
Victoria under this Act in respect of the
waste to energy scheme;
(b) all money appropriated by Parliament
for the purposes of the Waste to Energy
Scheme account.
(2) Money into the Waste to Energy Scheme
account may be applied for the following
purposes--
(a) any costs associated with the waste to
energy scheme;
4
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
Act 2021
(b) any amounts directed under subsection
(3) to be paid into the Consolidated
Fund.
(3) If the Treasurer is satisfied that there is in the
Waste to Energy Scheme account at any time
an amount in excess of the amount required
to meet the anticipated payments from the
account, after consultation with the Minister,
the Treasurer may direct the payment of the
whole or any part of that excess amount out
of the account into the Consolidated Fund.".
Division 2--Container deposit scheme
4 Definitions
(1) In section 3(1) of the Circular Economy (Waste
Reduction and Recycling) Act 2021, in the
definition of first supplier--
(a) for "the person determined" substitute
"a person determined";
(b) for "the first supplier of" substitute "a first
supplier of any beverage in".
(2) In section 3(1) of the Circular Economy (Waste
Reduction and Recycling) Act 2021, in the
definition of material recovery facility--
(a) omit "either";
(b) in paragraph (b)(ii), for "material;"
substitute "material; or";
(c) after paragraph (b) insert--
"(c) a facility prescribed to be a material
recovery facility;".
5
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
Act 2021
(3) In section 3(1) of the Circular Economy (Waste
Reduction and Recycling) Act 2021, in the
definition of refund amount--
(a) for "an eligible container" (where twice
occurring) substitute "a suitable eligible
container";
(b) for "that eligible container" (where twice
occurring) substitute "that suitable eligible
container".
5 Functions of the Head, Recycling Victoria--
container deposit scheme
In section 76(2)(a) of the Circular Economy
(Waste Reduction and Recycling) Act 2021, for
"the first supplier" substitute "a first supplier".
6 Functions of Scheme Coordinator
(1) In section 79(f) of the Circular Economy (Waste
Reduction and Recycling) Act 2021, for
"facilities." substitute "facilities; and".
(2) After section 79(f) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
insert--
"(g) to perform any prescribed function.".
7 Scheme Coordinator agreement
(1) In section 80(4) of the Circular Economy (Waste
Reduction and Recycling) Act 2021, for "If the
Minister" substitute "Subject to subsection (5), if
the Minister".
(2) For section 80(5) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
substitute--
"(5) The Minister must not recommend to the
Governor in Council that a person be
appointed as the Scheme Coordinator during
any period in which the appointment of
6
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
Act 2021
another person as the Scheme Coordinator is
in effect.".
8 Content of Scheme Coordinator agreement
(1) In section 81(1) of the Circular Economy (Waste
Reduction and Recycling) Act 2021--
(a) in paragraph (b), for "containers" substitute
"suitable eligible containers";
(b) in paragraph (c), for "eligible containers"
substitute "suitable eligible containers".
(2) After section 81(2) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
insert--
"(2A) Without limiting subsection (2)(a), a Scheme
Coordinator agreement may specify a
methodology by applying or incorporating
any methodology or document approved by
the Department--
(a) wholly or partially or with or without
any modification; or
(b) as in force or as issued at a particular
time or as in force or as issued from
time to time.".
(3) After section 81(3) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
insert--
"(3A) A Scheme Coordinator agreement must
include any prescribed requirements.".
(4) After section 81(4)(b) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
insert--
"(ba) provide for the exercise by the Minister of a
power or function of the Scheme
Coordinator under this Act if the Scheme
7
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
Act 2021
Coordinator fails to exercise that function or
power; and".
(5) After section 81(4)(e) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
insert--
"(ea) specify any fees that the Scheme Coordinator
must pay to the Head, Recycling Victoria for
the purposes of the administration of the
container deposit scheme; and".
(6) For section 81(4)(g) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
substitute--
"(g) provide for any other matter agreed to by the
parties to the agreement that is not
inconsistent with this Act.".
(7) Section 81(4)(h) of the Circular Economy
(Waste Reduction and Recycling) Act 2021 is
repealed.
(8) After section 81(4) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
insert--
"(5) Without limiting subsection (4)(ea), a fee
specified in a Scheme Coordinator
agreement may--
(a) differ according to differences in time,
place or circumstances; and
(b) provide for the cost of performing any
or all of the functions or duties related
to the administration of the container
deposit scheme, including but not
limited to the cost of--
(i) determining whether to approve
an eligible container as a suitable
eligible container; or
8
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
Act 2021
(ii) determining whether or not a
person is or will be a first supplier
of an eligible container in
Victoria.
(6) Nothing in this Part is to be construed as
preventing a person with whom the Minister
has entered into a Scheme Coordinator
agreement from entering into a scheme
arrangement before the day on which that
person's appointment as the Scheme
Coordinator comes into effect.".
9 Appointment of Scheme Coordinator
After section 82(7) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
insert--
"(8) A revocation of an appointment of the
Scheme Coordinator under subsection (6) or
(7) must specify the day on which the
appointment is to be revoked.
(9) The Governor in Council must not appoint a
person as the Scheme Coordinator during
any period in which the appointment of
another person as the Scheme Coordinator is
in effect.".
10 Content of network operator agreements
(1) In section 90(1)(b) of the Circular Economy
(Waste Reduction and Recycling) Act 2021, for
"containers" substitute "suitable eligible
containers".
(2) After section 90(2) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
insert--
"(2A) Without limiting subsection (2)(a), a network
operator agreement may specify a
methodology by applying or incorporating
9
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
Act 2021
any methodology or document approved by
the Department--
(a) wholly or partially or with or without
any modification; or
(b) as in force or as issued at a particular
time or as in force or as issued from
time to time.".
(3) After section 90(3) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
insert--
"(3A) A network operator agreement must include
any prescribed requirements.".
(4) After section 90(4)(b) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
insert--
"(ba) provide for the exercise by the Minister of a
power or function of the network operator
under this Act if the network operator fails to
exercise that function or power; and".
(5) In section 90(4)(f) of the Circular Economy
(Waste Reduction and Recycling) Act 2021, for
"resolved." substitute "resolved; and".
(6) After section 90(4)(f) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
insert--
"(g) provide for any other matter agreed to by the
parties to the agreement that is not
inconsistent with this Act.".
10
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
Act 2021
(7) After section 90(4) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
insert--
"(5) Nothing in this Part is to be construed as
preventing a person with whom the Minister
has entered into a network operator
agreement from entering into a scheme
arrangement before the day on which that
person's appointment as a network operator
comes into effect.".
11 Appointment of network operators
After section 91(7) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
insert--
"(8) A revocation of an appointment of the
network operator under subsection (6) or (7)
must specify the day on which the
appointment is to be revoked.".
12 Payments to collection point operators
In section 97(1)(a) of the Circular Economy
(Waste Reduction and Recycling) Act 2021, for
"containers" substitute "suitable eligible
containers".
13 Determination of first supplier
(1) In section 98(1) of the Circular Economy (Waste
Reduction and Recycling) Act 2021, after
"supply" insert "a beverage in".
(2) In section 98(2) of the Circular Economy (Waste
Reduction and Recycling) Act 2021, for
"the first supplier" substitute "a first supplier".
11
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
Act 2021
(3) In section 98(3) of the Circular Economy (Waste
Reduction and Recycling) Act 2021--
(a) for "an eligible container" substitute
"a beverage in an eligible container";
(b) for "the first supplier" substitute "a first
supplier".
14 Application for approval as suitable eligible
container
(1) In section 99(1) of the Circular Economy (Waste
Reduction and Recycling) Act 2021--
(a) for "The first supplier" substitute "A first
supplier";
(b) after "an eligible container" insert ", or a
person who has given notice under
section 98(1) in relation to an eligible
container,".
(2) For section 99(2) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
substitute--
"(2) An application for approval under
subsection (1) must be made in accordance
with the process approved under
subsection (4).".
15 Material recovery facilities protocol
In section 103(2)(c) of the Circular Economy
(Waste Reduction and Recycling) Act 2021, for
"eligible container" substitute "suitable eligible
container".
16 Local government refund sharing protocol
(1) In section 104(1)(a) of the Circular Economy
(Waste Reduction and Recycling) Act 2021, for
"eligible containers services" substitute "suitable
eligible containers".
12
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
Act 2021
(2) In section 104(3) of the Circular Economy
(Waste Reduction and Recycling) Act 2021, for
"eligible containers" substitute "suitable eligible
containers".
17 Offence to supply beverage without supply
arrangement with Scheme Coordinator and
container approval
(1) In section 110(1) of the Circular Economy
(Waste Reduction and Recycling) Act 2021--
(a) for "in a container" substitute "in an eligible
container";
(b) in paragraph (a) omit "in respect of a class of
containers to which the container belongs";
(c) for paragraph (b) substitute--
"(b) the eligible container is approved as a
suitable eligible container.".
(2) For section 110(4) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
substitute--
"(4) Subsection (1) does not apply to any supply,
or offer to supply, in relation to which the
person is not required to notify the Head,
Recycling Victoria under section 98(1).".
18 Guidelines
In section 112(1)(b) of the Circular Economy
(Waste Reduction and Recycling) Act 2021, for
"the first supplier" substitute "a first supplier".
19 Civil penalty order
In the table to section 138(1) of the Circular
Economy (Waste Reduction and Recycling)
Act 2021, in items 13 and 17, after "(Offence to
supply" insert "beverage in".
13
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
Act 2021
20 Criminal liability of officers of bodies corporate--
accessorial liability
In section 177(2)(d) and (g) of the Circular
Economy (Waste Reduction and Recycling)
Act 2021, after "(Offence to supply" insert
"beverage in".
21 New heading to Division 1 of Part 9 inserted
Before section 184 of the Circular Economy
(Waste Reduction and Recycling) Act 2021
insert--
"Division 1--General".
22 New section 191A and Division 2 of Part 9 inserted
After section 191 of the Circular Economy
(Waste Reduction and Recycling) Act 2021
insert--
"191A Transitional provisions--Environment
Legislation Amendment (Circular
Economy and Other Matters) Act 2023
(1) Section 81(3A) does not apply to a Scheme
Coordinator agreement entered into before
the day on which section 8(3) of the
Environment Legislation Amendment
(Circular Economy and Other Matters)
Act 2023 comes into operation.
(2) Section 90(3A) does not apply to a network
operator agreement entered into before the
day on which section 10(3) of the
Environment Legislation Amendment
(Circular Economy and Other Matters)
Act 2023 comes into operation.
14
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
Act 2021
Division 2--Environment Legislation
Amendment (Circular Economy and
Other Matters) Act 2023
191B Validation of Scheme Coordinator
agreement
(1) Any Scheme Coordinator agreement or part
of a Scheme Coordinator agreement in force
or purportedly in force immediately before
the commencement day is taken to have, and
to always have had, the same force and effect
as it would if the amendments to section 81
made by section 8 of the amending Act had
been in operation at the time the agreement
or part was entered into or purportedly
entered into.
(2) Without limiting subsection (1), any act or
thing done or omitted to be done, directly or
indirectly, in reliance on a Scheme
Coordinator agreement or under this or any
other Act, whether before, on or after the
commencement day, is not invalid and is
taken to never have been invalid by reason
only that, but for subsection (1), the
agreement or any part of the agreement was
not entered into in accordance with
section 81.
(3) In this section--
amending Act means the Environment
Legislation Amendment (Circular
Economy and Other Matters)
Act 2023;
commencement day means the day on which
section 8 of the amending Act comes
into operation.
15
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
Act 2021
191C Validation of network operator
agreements
(1) Any network operator agreement or part of a
network operator agreement in force or
purportedly in force immediately before the
commencement day is taken to have, and to
always have had, the same force and effect
as it would if the amendments to section 90
made by section 10 of the amending Act had
been in operation at the time the agreement
or part was entered into or purportedly
entered into.
(2) Without limiting subsection (1), any act or
thing done or omitted to be done, directly or
indirectly, in reliance on a network operator
agreement or under this or any other Act,
whether before, on or after the
commencement day, is not invalid and is
taken to never have been invalid by reason
only that, but for subsection (1), the
agreement or any part of the agreement was
not entered into in accordance with
section 90.
(3) In this section--
amending Act means the Environment
Legislation Amendment (Circular
Economy and Other Matters)
Act 2023;
commencement day means the day on which
section 10 of the amending Act comes
into operation.".
16
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
Act 2021
23 Schedule 1--Subject matter for Regulations
(1) After item 2.1 of Schedule 1 to the Circular
Economy (Waste Reduction and Recycling)
Act 2021 insert--
"2.1A Requirements for determining a fee specified
in a Scheme Coordinator agreement under
section 81(4)(ea).".
(2) Item 2.4 of Schedule 1 to the Circular Economy
(Waste Reduction and Recycling) Act 2021 is
repealed.
(3) In item 2.5 of Schedule 1 to the Circular
Economy (Waste Reduction and Recycling)
Act 2021, for "the first supplier" substitute
"a first supplier".
Division 3--Waste to energy scheme
24 Issue of cap licences
(1) For section 74T(1)(a) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
substitute--
"(a) subject to subsection (3), issue the cap
licence, subject to--
(i) any condition specified in this Part; and
(ii) any terms and conditions that the Head,
Recycling Victoria considers
appropriate; or".
(2) In section 74T(3) of the Circular Economy
(Waste Reduction and Recycling) Act 2021,
after "74V(b)" insert ", (ba)".
17
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
Act 2021
25 Conditions on cap licences
(1) In section 74V of the Circular Economy (Waste
Reduction and Recycling) Act 2021--
(a) after "subject to" insert "the following
conditions and limitations";
(b) in paragraph (a) omit "and";
(c) in paragraph (b) omit "and".
(2) After section 74V(b) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
insert--
"(ba) the condition that the holder of a cap licence
pay any prescribed periodic fee to the Head,
Recycling Victoria;".
26 Issue of existing operator licences
(1) For section 74Y(1)(a) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
substitute--
"(a) subject to subsection (4), issue the existing
operator licence, subject to--
(i) any condition specified in this Part; and
(ii) any terms and conditions that the Head,
Recycling Victoria considers
appropriate; or".
(2) In section 74Y(4) of the Circular Economy
(Waste Reduction and Recycling) Act 2021,
after "74Z(b)" insert ", (ba)".
(3) In section 74Y(6) of the Circular Economy
(Waste Reduction and Recycling) Act 2021, for
"(2)(a)" substitute "(1)(a)".
18
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
Act 2021
27 Conditions on existing operator licences
(1) In section 74Z of the Circular Economy (Waste
Reduction and Recycling) Act 2021--
(a) after "subject to" insert "the following
conditions and limitations";
(b) in paragraph (a) omit "and";
(c) in paragraph (b) omit "and".
(2) After section 74Z(b) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
insert--
"(ba) the condition that the holder of an existing
operator licence pay any prescribed periodic
fee to the Head, Recycling Victoria;".
28 Schedule 1--Subject matter for Regulations
After item 1A.4 of Schedule 1 to the Circular
Economy (Waste Reduction and Recycling)
Act 2021 insert--
"1A.4A In respect of the periodic fee payable as a
condition of a cap licence, prescribing the
period to which the fee applies and when the
fee is to be paid.
1A.4B In respect of the periodic fee payable as a
condition of an existing operator licence,
prescribing the period to which the fee
applies and when the fee is to be paid.".
Division 4--Miscellaneous
29 Regulations
For section 183(2)(c) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
substitute--
19
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
Act 2021
"(c) prescribing fees, including but not limited to
variable fees, for determining an application
(other than an application under section 99)
or accepting a submission under this Act or
the regulations;
(ca) prescribing the method for calculating fees
payable under this Act or the regulations for
decisions in respect of applications or
submissions, whether payable at the time the
application or submission is made or at a
later time;".
30 Statute law revision
(1) In section 74ZB(2)(b) of the Circular Economy
(Waste Reduction and Recycling) Act 2021
omit "must".
(2) In section 74ZG(5) of the Circular Economy
(Waste Reduction and Recycling) Act 2021, for
"cancel revoke the revocation of a waste to energy
licence under subsection (1)" substitute "cancel
the revocation of a waste to energy licence under
subsection (4)".
(3) In section 74ZH(1) of the Circular Economy
(Waste Reduction and Recycling) Act 2021, for
"Victoria, revokes" substitute "Victoria revokes".
(4) In section 80(3) of the Circular Economy (Waste
Reduction and Recycling) Act 2021, for "the
Minster" substitute "the Minister".
(5) In section 89(3) of the Circular Economy (Waste
Reduction and Recycling) Act 2021, for "the
Minster" substitute "the Minister".
(6) In section 147A(6)(b) of the Circular Economy
(Waste Reduction and Recycling) Act 2021, for
"Head" substitute "Head,".
20
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 2--Amendment of Circular Economy (Waste Reduction and Recycling)
Act 2021
(7) In the table in section 178(1) of the Circular
Economy (Waste Reduction and Recycling)
Act 2021--
(a) in item 5G, after "holder" insert "of";
(b) in item 5I, for "holder a cap" substitute
"holder of a cap";
(c) in item 5L, for "holder a waste" substitute
"holder of a waste".
21
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
Part 3--Amendment of Environment
Protection Act 2017
Division 1--Financial assurances
31 New section 218A inserted
After section 218 of the Environment Protection
Act 2017 insert--
"218A Definitions
In this Part--
impact includes any detrimental effect
resulting from a relevant activity or
from an action that is ancillary to that
activity;
material change means a significant change
in circumstances that would have a
bearing on the assessment of any of the
factors set out in section 231C, 231D,
231E or 231F or the considerations
specified in section 231G;
refusal review date means--
(a) the date determined under section
231I(1); or
(b) any later date agreed to or
determined under section 231M;
relevant activity means the activity to which
a prescribed permission, site
management order, environmental
action notice or Order relating to
environmentally hazardous substances
relates, as applicable;
22
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
significant relevant new information means
information relevant to the Authority's
assessment of risk in connection with a
financial assurance that--
(a) has not previously been provided
to the Authority or was not
available to the Authority; and
(b) would have a significant bearing
on the assessment of any of the
factors set out in section 231C,
231D, 231E or 231F or the
considerations specified in
section 231G--
other than information relating to a
material change;
trigger event means an event specified in
section 231A(1)(a), (b), (c) or (d).".
32 Section 231 substituted and new sections 231A to
231N inserted
For section 231 of the Environment Protection
Act 2017 substitute--
"231 Release of financial assurance following
review or amendment
(1) If, following a review under section 225, the
Authority determines that the financial
assurance is no longer required, the
Authority must release the financial
assurance.
(2) If the Authority reduces the amount of the
financial assurance by amendment under
section 226, the Authority must release the
part of the financial assurance that is no
longer required.
23
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
(3) The Authority must notify the person who
provided the financial assurance in writing if
the Authority releases all or part of a
financial assurance.
231A Notice of trigger event
(1) The following events are trigger events for
the purposes of releasing a financial
assurance under this Part--
(a) if the financial assurance is provided as
a condition of a prescribed
permission--the person who provided
the financial assurance ceases to hold
the permission;
(b) if the financial assurance is provided as
a condition of a site management
order--the site management order
ceases to apply to the person who
provided the financial assurance;
(c) if the financial assurance is provided as
a condition of an environmental action
notice--the notice ceases to apply to
the person who provided the financial
assurance;
(d) if the financial assurance is provided as
a condition of an Order relating to
environmentally hazardous
substances--the Order ceases to apply
to the person who provided the
financial assurance.
(2) A person who provided a financial assurance
may notify the Authority if a trigger event
specified in subsection (1)(a), (b), (c) or (d)
occurs.
24
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
231B Release of financial assurance following
trigger event
(1) Subject to section 231M, within 40 business
days after being notified of a trigger event
the Authority must--
(a) release the financial assurance; or
(b) notify the person who provided the
financial assurance in writing of the
intention of the Authority to refuse to
release all or part of the financial
assurance under section 231C, 231D,
231E or 231F.
(2) A notice of intention under subsection (1)(b)
must invite the person who provided the
financial assurance to make a submission on
the Authority's intention to refuse to release
all or part of the financial assurance--
(a) within 20 business days of the date of
the notice; or
(b) within any other period agreed between
the Authority and the person.
(3) The Authority must consider any submission
received under subsection (2) before refusing
to release a financial assurance under section
231C, 231D, 231E or 231F.
231C Authority may refuse to release financial
assurance--prescribed permission
The Authority may refuse to release all or
part of a financial assurance to the person
who provided it despite the occurrence of a
trigger event described in section 231A(1)(a)
if--
25
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
(a) the reason the person no longer holds a
permission is that--
(i) a liquidator has disclaimed the
person's interest in the permission
in accordance with the
Corporations Act; or
(ii) the person is an insolvent under
administration; or
(iii) the permission is transferred, sold,
revoked or surrendered, or has
expired; and
(b) the Authority--
(i) is satisfied, having regard to the
considerations specified in
section 231G, that it is necessary
to retain the financial assurance as
security for the costs or expenses
of remediation or clean up where
there is a significant risk these
costs or expenses may be borne by
the State or the Authority; or
(ii) is entitled to make a claim on the
financial assurance under
section 227(2).
231D Authority may refuse to release financial
assurance--site management order
The Authority may refuse to release all or
part of a financial assurance to the person
who provided it despite the occurrence of a
trigger event described in section 231A(1)(b)
if--
26
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
(a) the reason a site management order no
longer applies to the person is that--
(i) the land to which the site
management order relates is
owned, occupied, managed or
controlled by a company that has
gone into liquidation and the
liquidator has disclaimed the
company's interest in the land in
accordance with the Corporations
Act; or
(ii) the person is an insolvent under
administration; or
(iii) the land to which the site
management order relates is
transferred or sold; or
(iv) the person is an occupier but not
an owner of the land to which the
site management order relates and
the person sells, transfers or
abandons their interest in the land
or otherwise ceases to occupy the
land; and
(b) the Authority--
(i) is satisfied, having regard to the
considerations specified in
section 231G, that it is necessary
to retain the financial assurance as
security for the costs or expenses
of remediation or clean up where
there is a significant risk these
costs or expenses may be borne by
the State or the Authority; or
(ii) is entitled to make a claim on the
financial assurance under
section 227(2).
27
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
231E Authority may refuse to release financial
assurance--environmental action notice
The Authority may refuse to release all or
part of a financial assurance to the person
who provided it despite the occurrence of a
trigger event described in section 231A(1)(c)
if--
(a) the reason an environmental action
notice no longer applies to the person is
that--
(i) the land or premises to which that
notice relates are owned,
occupied, managed or controlled
by a company that has gone into
liquidation and the liquidator has
disclaimed the company's interest
in the land or premises in
accordance with the Corporations
Act; or
(ii) the person is an insolvent under
administration; or
(iii) the land or premises to which the
environmental action notice
relates are transferred or sold; or
(iv) the person is an occupier but not
an owner of the land or premises
to which the environmental action
notice relates and the person sells,
transfers or abandons their interest
in the property or otherwise ceases
to occupy the property; and
(b) the Authority--
(i) is satisfied, having regard to the
considerations specified in
section 231G, that it is necessary
28
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
to retain the financial assurance as
security for the costs or expenses
of remediation or clean up where
there is a significant risk these
costs or expenses may be borne by
the State or the Authority; or
(ii) is entitled to make a claim on the
financial assurance under
section 227(2).
231F Authority may refuse to release financial
assurance--Order relating to
environmentally hazardous substances
The Authority may refuse to release all or
part of a financial assurance to the person
who provided it despite the occurrence of a
trigger event described in section 231A(1)(d)
if the Authority--
(a) is satisfied, having regard to the
considerations specified in
section 231G, that it is necessary to
retain the financial assurance as
security for the costs or expenses of
remediation or clean up where there is a
significant risk these costs or expenses
may be borne by the State or the
Authority, because--
(i) the risk of contamination of land,
personal property, waters or
premises from the
environmentally hazardous
substance that is the subject of the
Order remains; or
(ii) a clean up is likely to be required
due to the impact of the
environmentally hazardous
substance that is the subject of the
29
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
Order on land, personal property,
waters or premises; or
(b) is entitled to make a claim on the
financial assurance under
section 227(2).
231G Specified considerations to which
Authority must have regard
For the purposes of sections 231C(b)(i),
231D(b)(i), 231E(b)(i), 231F(a) and
232(2B)(a)(i) and (b)(i), the following
considerations are specified--
(a) the likelihood that clean up or
remediation will be required, having
regard to the nature of the relevant
activity;
(b) the nature, duration, extent and costs of
any remediation or clean up required
under this Act or the regulations in
relation to the relevant activity;
(c) the likelihood of any party other than
the State or the Authority conducting
clean up or remediation activities or
bearing the costs or expenses of clean
up or remediation for the relevant
activity;
Example
If the relevant activity relates to land, premises,
personal property or a leasehold interest which
has been sold or transferred to another person,
the Authority must consider whether the person
to whom that interest was transferred is likely
to provide a financial assurance, and if so, the
amount of that financial assurance.
(d) the extent to which contamination,
pollution or waste resulting from the
relevant activity may cause risk to
30
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
human health and the environment,
having regard to the nature or location
of the relevant activity;
(e) whether the full extent of any
contamination, pollution, waste or
environmental impacts resulting from
the relevant activity is likely or unlikely
to be discoverable until a future date;
(f) any failures by the person who
provided the financial assurance or a
related entity of that person to comply
with this Act, the regulations, or the
conditions of any permission, site
management order, environmental
action notice, or Order relating to
environmentally hazardous substances;
(g) any prescribed considerations.
231H Timing of decision to refuse to release
financial assurance following trigger event
(1) Subject to section 231M, a decision whether
or not to release a financial assurance under
section 231C, 231D, 231E or 231F must be
made within 40 business days of the earlier
of the following days--
(a) the day on which a submission under
section 231B(2) is received;
(b) the day on which a notice from the
person who provided the financial
assurance is received, stating that a
submission will not be made;
(c) the day on which a submission under
section 231B(2) is due, including any
agreed extension.
31
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
(2) The Authority may require the person who
provided the financial assurance to provide
the Authority with any information that the
Authority considers necessary.
(3) The time in which the Authority must make
a decision under section 231C, 231D, 231E
or 231F does not include--
(a) if the Authority requires information
under subsection (2), the period from
the date that the Authority makes the
request until the date on which the
Authority receives the information; or
(b) any period that the Authority and the
person who provided the financial
assurance agree is not to be included in
that time.
(4) Within 5 business days of making a decision
to refuse to release all or part of the financial
assurance under section 231C, 231D, 231E
or 231F, the Authority must notify the
following persons in writing--
(a) the person who provided the financial
assurance;
(b) any prescribed persons.
231I Review of refusal to release financial
assurance--date for commencing review
(1) If the Authority refuses to release all or part
of a financial assurance under any of the
following sections, the Authority must
determine a date by which the Authority will
commence a review of that refusal--
(a) section 231C;
(b) section 231D;
(c) section 231E;
32
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
(d) section 231F;
(e) section 231L;
(f) section 232(4)(a), if the refusal relates
to an application that was made after a
trigger event and that was assessed
under section 232(2A) or (2B).
(2) The refusal review date must be--
(a) a date agreed by the parties; or
(b) if the parties have not agreed on a date,
a date no later than 5 years after the day
on which the Authority refuses to
release all or part of the financial
assurance under section 231C, 231D,
231E, 231F, 231L or 232(4)(a).
(3) In addition to any review scheduled under
this section, the Authority may review the
refusal to release the financial assurance in
accordance with sections 231J, 231K and
231L if--
(a) information is given to the Authority
that indicates there has been a material
change since the Authority refused to
release all or part of the financial
assurance; and
(b) the Authority considers there is a
reasonable likelihood that the new
information could change the
Authority's assessment as to whether or
not to release the financial assurance.
33
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
231J Review of refusal to release financial
assurance--notice of intention
On or before the refusal review date, the
Authority must--
(a) in writing, notify the person who
provided a financial assurance that the
Authority--
(i) is considering whether or not to
release the financial assurance; or
(ii) intends to refuse to release all or
part of the financial assurance;
and
(b) invite the person who provided the
financial assurance to make a
submission setting out any significant
relevant new information or any
material change that has occurred since
the Authority refused to release all or
part of the financial assurance--
(i) within 20 business days of the
date of the notice; or
(ii) within any other period agreed
between the Authority and the
person.
231K Review of refusal to release financial
assurance--matters to consider before
making decision
(1) If the Authority has received a submission
under section 231J, the Authority must
consider whether or not the submission--
(a) sets out significant relevant new
information; or
(b) demonstrates that a material change has
occurred.
34
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
(2) The Authority must consider any submission
received under section 231J before making a
decision under section 231L(1).
(3) The Authority may refuse to release all or
part of the financial assurance under section
231L(1) without considering any further
matters if--
(a) the Authority considers that the
submission does not set out significant
relevant new information or
demonstrate that a material change has
occurred; or
(b) no submission is received.
(4) If the Authority considers that the
submission sets out significant relevant new
information or demonstrates that a material
change has occurred, the Authority must
consider--
(a) whether the Authority may refuse to
release all or part of the financial
assurance under section 231C, 231D,
231E or 231F, as the case requires; and
(b) the questions of causation and
remoteness of any pollution, harm or
contamination occurring after a trigger
event described in section 231A(1),
affecting land, personal property,
waters or premises.
231L Review of refusal to release financial
assurance--decision and timing
(1) Subject to section 231M, the Authority must
decide whether or not to refuse to release all
or part of the financial assurance within
40 business days of the earlier of the
following days--
35
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
(a) the day on which a submission under
section 231J(b) is received;
(b) the day on which a notice from the
person who provided the financial
assurance is received, stating that a
submission will not be made;
(c) the day on which a submission under
section 231J(b) is due, including any
agreed extension.
(2) The Authority may require the person who
provided the financial assurance to provide
the Authority with any information that the
Authority considers necessary.
(3) The time in which the Authority must make
a decision under subsection (1) does not
include--
(a) if the Authority requires information
under subsection (2), the period from
the date that the Authority makes the
request until the date on which the
Authority receives the information; or
(b) any period that the Authority and the
person who provided the financial
assurance agree is not to be included in
that time.
(4) Within 5 business days of making a decision
under subsection (1), the Authority must
notify the following persons in writing--
(a) the person who provided the financial
assurance;
(b) any prescribed persons.
(5) There is no limit to the number of times a
financial assurance may be reconsidered and
all or part of its release refused under this
36
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
section before any expiry date set out in the
financial assurance is reached.
231M Extension of time
(1) The Authority may--
(a) reach an agreement with the person
who provided the financial assurance
to--
(i) extend a period specified in
section 231B(1), 231H(1),
231L(1) or 232(5); or
(ii) select a new date by which the
Authority will commence a review
of a refusal to release all or part of
a financial assurance under section
231C, 231D, 231E, 231F, 231L or
232(4)(a) (if the refusal relates to
an application that was made after
a trigger event and that was
assessed under section 232(2A) or
(2B)); or
(b) apply to VCAT for--
(i) an extension of a period specified
in section 231B(1), 231H(1),
231L(1) or 232(5); or
(ii) the determination of a new date by
which the Authority will
commence a review of a refusal to
release all or part of a financial
assurance under section 231C,
231D, 231E, 231F, 231L or
232(4)(a) (if the refusal relates to
an application that was made after
a trigger event and that was
assessed under section 232(2A) or
(2B)).
37
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
(2) On an application under subsection (1)(b),
VCAT, as the case requires--
(a) may refuse to grant the extension or
make the determination; or
(b) may--
(i) grant an extension for any period
that VCAT considers reasonable
in the circumstances; or
(ii) determine a new date that VCAT
considers reasonable in the
circumstances.
(3) If VCAT refuses to grant the Authority's
application--
(a) in relation to the period specified in
section 231B(1), 231H(1), 231L(1) or
232(5), the Authority must make the
decision under that section within the
later of the following--
(i) the period specified in that
section;
(ii) 20 business days after VCAT's
decision; or
(b) in relation to the date by which the
Authority will commence a review of a
refusal the Authority must comply with
the date determined under
section 231I--
unless a stay is granted under section 149 of
the Victorian Civil and Administrative
Tribunal Act 1998 to allow the Authority to
appeal to the Supreme Court.
38
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
231N Failure to make decision
If the period (including any relevant
extensions of the period) for the Authority to
take action under any of the following
sections lapses without the Authority taking
that action, the Authority is taken to have
refused to make a decision--
(a) section 231B;
(b) section 231H;
(c) section 231J;
(d) section 231L;
(e) section 232(5).
Note
The person who provided the financial assurance may apply
to VCAT for review of a failure to release the financial
assurance within the period during which the Authority must
determine the application--see section 4(2) of the Victorian
Civil and Administrative Tribunal Act 1998.".
33 Application for release of financial assurance
(1) After section 232(1) of the Environment
Protection Act 2017 insert--
"(1A) If an application under subsection (1) relates
to a financial assurance that the Authority
has refused to release (in whole or in part)
under section 231C, 231D, 231E or 231F, or
under section 231L following a review of a
refusal under one of those sections, the
application must set out--
(a) significant relevant new information; or
(b) demonstrate that a material change has
occurred.".
39
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
(2) For section 232(2) of the Environment
Protection Act 2017 substitute--
"(2) In considering an application under
subsection (1), other than an application
referred to in subsection (1A), the Authority
must have regard to the prescribed risk
assessment criteria.
(2A) In considering an application referred to in
subsection (1A), the Authority must consider
whether or not the application--
(a) sets out significant relevant new
information; or
(b) demonstrates that a material change has
occurred--
and may refuse to release all or part of the
financial assurance without considering any
further matters if the Authority considers that
the application does not set out significant
relevant new information or demonstrate that
a material change has occurred.
(2B) If the Authority considers that an application
referred to in subsection (1A) sets out
significant relevant new information or
demonstrates that a material change has
occurred, the Authority must consider--
(a) in the case of an application in relation
to a financial assurance that the
Authority has refused to release
(in whole or in part) under section
231C, 231D or 231E, or under section
231L following a review of a refusal
under one of those sections, whether
the Authority--
40
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
(i) is satisfied, having regard to the
considerations specified in
section 231G, that it is necessary
to retain the financial assurance as
security for the costs or expenses
of remediation or clean up where
there is a significant risk these
costs may be borne by the State or
the Authority; or
(ii) is entitled to make a claim on the
financial assurance under
section 227(2); or
(b) in the case of an application in relation
to a financial assurance that the
Authority has refused to release
(in whole or in part) under
section 231F, or under section 231L
following a review of a refusal under
section 231F, whether the Authority--
(i) is satisfied, having regard to the
considerations specified in
section 231G, that it is necessary
to retain the financial assurance as
security for the costs or expenses
of remediation or clean up where
there is a significant risk these
costs or expenses may be borne by
the State or the Authority,
because--
(A) the risk of contamination of
land, personal property,
waters or premises from the
environmentally hazardous
substance that is the subject
of the Order remains; or
41
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
(B) a clean up is likely to be
required due to the impact of
the environmentally
hazardous substance that is
the subject of the Order on
land, personal property,
waters or premises; or
(ii) is entitled to make a claim on the
financial assurance under
section 227(2).".
(3) In section 232(3)(b) of the Environment
Protection Act 2017, for "(2)(b)" substitute
"(5)".
(4) After section 232(3) of the Environment
Protection Act 2017 insert--
"(4) After considering an application under
subsection (1), the Authority may--
(a) refuse to release all or part of the
financial assurance; or
(b) release all of the financial assurance.
(5) Subject to section 231M, the Authority must
notify the following persons in writing
within 40 business days after the date on
which the application is received of the
Authority's decision under subsection (4)--
(a) the person who provided the financial
assurance;
(b) any prescribed persons.".
34 Decisions reviewable by VCAT
(1) In the table to section 430(4) of the Environment
Protection Act 2017, in item 29, for "Person
required to provide financial assurance"
substitute "Person who provided financial
assurance".
42
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
(2) In the table to section 430(4) of the Environment
Protection Act 2017, in item 30, for
"Person required to provide financial assurance"
substitute "Person who provided financial
assurance".
(3) In the table to section 430(4) of the Environment
Protection Act 2017, for item 31 substitute--
"30A. 231C Person who provided
financial assurance
30B. 231D Person who provided
financial assurance
30C. 231E Person who provided
financial assurance
30D. 231F Person who provided
financial assurance
30E. 231L Person who provided
financial assurance
31. 232(4) Person who provided
financial assurance".
Division 2--Miscellaneous amendments
35 Definitions
(1) In section 3(1) of the Environment Protection
Act 2017 insert the following definitions--
"designated place has the same meaning as in the
Victoria Police Act 2013;
police premises has the same meaning as in the
Victoria Police Act 2013;
protective services officer has the same meaning
as in the Victoria Police Act 2013;
vehicle inspection notice means a notice under
section 269A(1);".
43
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
(2) In section 3(1) of the Environment Protection
Act 2017, in the definition of litter enforcement
officer, for paragraph (f) substitute--
"(f) a protective services officer who is on duty
at a designated place or in the vicinity of
police premises; or
(fa) in relation to any land or waters managed
under a relevant law (within the meaning of
the Conservation, Forests and Lands
Act 1987), a person appointed under Part 3
of the Game Management Authority
Act 2014; or".
(3) In section 3(1) of the Environment Protection
Act 2017, for the definition of unreasonable
noise substitute--
"unreasonable noise means noise that is--
(a) unreasonable having regard to the
following--
(i) its volume, intensity or duration;
(ii) its character;
(iii) the time, place and other
circumstances in which it is
emitted;
(iv) how often it is emitted;
(v) any prescribed factors; or
(b) prescribed to be unreasonable noise--
but does not include noise prescribed
not to be unreasonable noise;".
44
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
36 Definition
In section 49A of the Environment Protection
Act 2017, after paragraph (f) of the definition of
relevant permission application insert--
"(fa) an application under section 80 for an
exemption from the application of
section 45; or".
37 Protection against self-incrimination
After section 268(2) of the Environment
Protection Act 2017 insert--
"(3) Despite subsection (1), it is not a reasonable
excuse for a natural person to refuse or fail to
make a vehicle available for inspection as
required under this Part if making the vehicle
available for inspection would tend to
incriminate the person.".
38 New sections 269A and 269B inserted
After section 269 of the Environment Protection
Act 2017 insert--
"269A Authority may require vehicle to be made
available for inspection
(1) The Authority may serve a notice on a
person who is the registered owner of, or is
apparently in lawful possession of, a relevant
vehicle, requiring the person to make the
relevant vehicle available for measurement,
inspection and testing by an authorised
officer to determine whether or not--
(a) the person has contravened a provision
of this Act or the regulations in relation
to the relevant vehicle; or
(b) there is a risk of harm to human health
or the environment from pollution or
waste in relation to the relevant vehicle.
45
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
(2) A vehicle inspection notice must be in
writing and must set out--
(a) the name of the person on whom it is
served; and
(b) the relevant vehicle in relation to which
it is served; and
(c) the reason the relevant vehicle is to be
inspected; and
(d) the actions that need to be taken to
comply with the notice; and
(e) the time and date of the inspection,
which must be reasonable in the
circumstances; and
(f) the place of the inspection, which must
be reasonable in the circumstances; and
(g) the period during which the relevant
vehicle will be kept by the Authority;
and
(h) the penalty for failure to comply with
the notice.
(3) The Authority may revoke or amend a
vehicle inspection notice by written notice
given to the person on whom the vehicle
inspection notice was served.
(4) A person who is served with a vehicle
inspection notice may request the Authority
to amend a requirement set out in the notice
relating to any of the following--
(a) the time of the inspection;
(b) the place of the inspection;
(c) the period for which the relevant
vehicle will be required.
46
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
(5) In this section--
relevant vehicle means the following--
(a) a motor vehicle;
(b) a vehicle other than a motor
vehicle used to transport
reportable priority waste.
269B Failure to present vehicle for inspection
(1) A person who is served with a vehicle
inspection notice must present the vehicle for
inspection at the time, date and place
specified in the notice, unless the person has
a reasonable excuse.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
(2) The Authority may apply to the Court for an
order compelling a person to comply with a
vehicle inspection notice.".
39 Notice to investigate
After section 273(4) of the Environment
Protection Act 2017 insert--
"(5) A person in management or control of land
may recover in a court of competent
jurisdiction, as a debt due to the person, any
reasonable costs incurred in complying with
a notice to investigate, including any
reasonable costs incurred by the person in
taking action under this section, against any
person responsible for causing or
contributing to the relevant circumstances.".
47
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
40 Environmental action notice
In section 274(6) of the Environment Protection
Act 2017, for "contamination of the land"
substitute "the relevant circumstances".
41 Site management orders
In section 275(11) of the Environment
Protection Act 2017, after "contamination of the
land" insert "or harm or the risk of harm to human
health or to the environment from pollution or
waste".
42 Cost recovery powers
In section 297(5) of the Environment
Protection Act 2017, for "Chapter 5"
substitute "Division 7A of Part 5.6".
43 Displacement of other laws
In section 297A of the Environment
Protection Act 2017, for "Chapter 5"
substitute "Division 7A of Part 5.6".
44 Reports and certificates
After section 337(4) of the Environment
Protection Act 2017 insert--
"(4A) A protective services officer who observes a
motor vehicle while the officer is on duty at
a designated place or on duty on or in the
vicinity of police premises may sign a report
to the effect that the motor vehicle did not
comply with a provision of this Act or the
regulations.".
45 Liability of officers of bodies corporate--failure to
exercise due diligence
In section 349(2)(m) of the Environment
Protection Act 2017, for "290(1)" substitute
"290(3)".
48
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
46 Delegation
In section 437(1) of the Environment Protection
Act 2017, after "under this Act" insert "or any
other Act".
47 New Part 14.9 inserted
After Part 14.8 of the Environment Protection
Act 2017 insert--
"Part 14.9--Interest
463A Authority may charge interest on unpaid
fees
(1) The Authority may require a person to pay
interest on a fee prescribed under a provision
specified in subsection (2)--
(a) which that person owes to the
Authority; and
(b) which has not been paid within one
month after the fee became due and
payable.
(2) The following provisions are specified--
(a) section 50A;
(b) section 55;
(c) section 90A;
(d) section 157A;
(e) section 181A;
(f) section 277A;
(g) section 459AA.
49
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 3--Amendment of Environment Protection Act 2017
(3) The interest--
(a) is to be calculated at the rate fixed
under section 2 of the Penalty Interest
Rates Act 1983 that applied on the day
on which the fee was due to be paid;
and
(b) continues to be payable until the
payment or recovery of the fee.".
48 Statute law revision--Part 17.1
In section 503 of the Environment Protection
Act 2017 (where secondly occurring), for "503"
substitute "503A".
50
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Part 4--Repeal of this Act
Part 4--Repeal of this Act
49 Repeal of this Act
This Act is repealed on 1 October 2025.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═════════════
51
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2023
No. of 2023
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Circular Economy (Waste Reduction and Recycling) Act 2021 to
further provide for matters relating to the container deposit scheme, the
waste to energy scheme and the recovery of regulatory costs for those
schemes and to amend the Environment Protection Act 2017 to improve
the operation of that Act and for other purposes."
By Authority. Government Printer for the State of Victoria.
52
[Index] [Search] [Download] [Related Items] [Help]