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 Protection Amendment Act 2019
No. of 2019
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2--Amendments to the Environment Protection Act 1970 3
3 Principal Act 3
4 Definitions 3
5 Pollution abatement notice 4
6 New Division 8 of Part VIIA inserted 4
7 Powers etc. of authorized officers 5
8 Regulations 5
9 Infringements 6
Part 3--Amendments to the Environment Protection Amendment
Act 2018 7
10 Principal Act 7
11 Definitions 7
12 Amendment of licence or permit on application 7
13 Revocation of permission on Authority or council's initiative 8
14 Priority waste and landfill facilities 8
15 Joint publication 8
16 Renewal of registrations 8
17 Additional or alternative penalties for prohibited persons 9
18 Environment reference standards 9
19 Written statement 10
20 Litter enforcement officer may ask person's name and address 10
21 Requirement to pay waste levy 11
22 Appointment fee 11
23 Authority may review financial assurance 11
24 Enforcement of financial assurance 12
25 Authorised officers 12
26 Authorised officer may ask person's name and address 12
27 Improvement notices 12
28 Environmental action notice 12
29 Non-compliance with non-disturbance notice 13
30 Court orders 13
31 Functions of the Authority 13
i
Clause Page
32 Decisions reviewable by VCAT 13
33 Applications for review by VCAT 13
34 Application for review by third parties 14
35 Delegation 14
36 Payments out of the Environment Protection Fund 14
37 Restorative Project Account 14
38 Sustainability Fund Account 14
39 Regulations 14
40 General transitional provisions 15
41 Schedule 1--Regulations 15
42 Schedule 2--Amount payable as waste levy 15
43 Catchment and Land Protection Act 1994 16
44 Flora and Fauna Guarantee Act 1988 16
45 New section 42A inserted 16
46 Subdivision Act 1988 17
47 Water Act 1989 17
Part 4--Repeal of amending Act 19
48 Repeal of amending Act 19
═════════════
Endnotes 20
1 General information 20
ii
Environment Protection Amendment
Act 2019
No. of 2019
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to amend the Environment Protection
Act 1970 to prohibit the provision of certain
plastic bags by retailers; and
1
Environment Protection Amendment Act 2019
No. of 2019
Part 1--Preliminary
(b) to amend the Environment Protection
Act 1970 to prohibit the provision of false or
misleading information relating to plastic
bags by retailers, wholesalers and
manufacturers; and
(c) to make technical and consequential
amendments to the Environment Protection
Amendment Act 2018.
2 Commencement
(1) Subject to subsections (2), (3) and (4), this Act
comes into operation on a day or days to be
proclaimed.
(2) This Part and Part 3 come into operation on the
day after the day on which this Act receives the
Royal Assent.
(3) If a provision of Part 2 does not come into
operation before 1 November 2019, it comes into
operation on that day.
(4) If a provision of Part 4 does not come into
operation before 1 December 2020, it comes into
operation on that day.
2
Environment Protection Amendment Act 2019
No. of 2019
Part 2--Amendments to the Environment Protection Act 1970
Part 2--Amendments to the Environment
Protection Act 1970
3 Principal Act
In this Part, the Environment Protection
Act 1970 is called the Principal Act.
4 Definitions
(1) In section 4(1) of the Principal Act insert the
following definitions--
"banned plastic bag means--
(a) a bag, other than an exempt plastic
bag--
(i) with handles; and
(ii) that comprises, either wholly or
partly, plastic, whether or not that
plastic is biodegradable,
degradable or compostable; and
(iii) that has a thickness of
35 micrometres or less at any part
of the bag; or
(b) a prescribed banned plastic bag;
barrier bag means a bag that--
(a) comprises, either wholly or partly,
plastic; and
(b) does not have handles; and
(c) is used to carry unpackaged perishable
food;
exempt plastic bag means a bag that comprises,
either wholly or partly, plastic that--
(a) is a barrier bag; or
3
Environment Protection Amendment Act 2019
No. of 2019
Part 2--Amendments to the Environment Protection Act 1970
(b) is an integral part of the packaging in
which goods are sealed or provided for
sale; or
(c) is a prescribed exempt plastic bag;".
(2) In section 4(1) of the Principal Act, the definition
of plastic bag is repealed.
5 Pollution abatement notice
(1) For section 31A(1)(b)(ia) of the Principal Act
substitute--
"(ia) section 45ZM;".
(2) Section 31A(2)(e)(ia) of the Principal Act is
repealed.
6 New Division 8 of Part VIIA inserted
After Division 7 of Part VIIA of the Principal Act
insert--
"Division 8--Banned plastic bags
45ZM Retailer must not provide banned plastic
bags
A retailer must not sell or provide a banned
plastic bag to a person to carry or transport
goods sold or provided by the retailer from
the retail premises.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
45ZN Provision of false or misleading
information relating to banned plastic
bags
A retailer or wholesaler, or a manufacturer of
plastic bags, must not, whether by act or
omission, provide to any other person
4
Environment Protection Amendment Act 2019
No. of 2019
Part 2--Amendments to the Environment Protection Act 1970
information that the retailer, wholesaler or
manufacturer knows, or should reasonably
know, is false or misleading about--
(a) the composition of a banned plastic
bag; or
(b) whether or not a bag is a banned plastic
bag; or
(c) whether or not a bag is an exempt
plastic bag.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.".
7 Powers etc. of authorized officers
After section 55(1)(a) of the Principal Act
insert--
"(ab) at any reasonable time, any retail premises;
or".
8 Regulations
(1) For section 71(1)(ka) of the Principal Act
substitute--
"(ka) prescribing banned plastic bags;".
(2) For section 71(1)(kb) of the Principal Act
substitute--
"(kb) prescribing exempt plastic bags;".
(3) Section 71(1)(kc), (kd), (ke), (kf) and (kg) of the
Principal Act are repealed.
5
Environment Protection Amendment Act 2019
No. of 2019
Part 2--Amendments to the Environment Protection Act 1970
9 Infringements
In Schedule A to the Principal Act, after
"section 45ZB(3) 8 penalty units" insert--
"An offence under section 45ZM 10 penalty units
(in the case of a body corporate) 2 penalty units
(in any other case)".
6
Environment Protection Amendment Act 2019
No. of 2019
Part 3--Amendments to the Environment Protection Amendment Act 2018
Part 3--Amendments to the Environment
Protection Amendment Act 2018
10 Principal Act
In this Part, the Environment Protection
Amendment Act 2018 is called the Principal Act.
11 Definitions
In section 6(9) of the Principal Act, in the
proposed definition of resource recovery in
section 3(1) of the Environment Protection
Act 2017 omit "any".
12 Amendment of licence or permit on application
In section 7 of the Principal Act, for proposed
section 57(5) of the Environment Protection
Act 2017 substitute--
"(5) A decision under subsection (4) must be
made within--
(a) in the case of an application to amend a
licence, 42 business days after
receiving the application; or
(b) in the case of an application to amend a
permit made to the Authority--
(i) any prescribed period not
exceeding 42 business days after
receiving the application; or
(ii) if no period is prescribed,
15 business days after receiving
the application; or
(c) in the case of an application to amend a
permit made to a council, the
prescribed period.".
7
Environment Protection Amendment Act 2019
No. of 2019
Part 3--Amendments to the Environment Protection Amendment Act 2018
13 Revocation of permission on Authority or council's
initiative
(1) In section 7 of the Principal Act, proposed
section 61(1)(e) of the Environment Protection
Act 2017 is repealed.
(2) In section 7 of the Principal Act, in proposed
section 61(1)(f) of the Environment Protection
Act 2017, for "(f)" substitute "(e)".
(3) In section 7 of the Principal Act, for proposed
section 61(2) of the Environment Protection
Act 2017 substitute--
"(2) The Authority or a council may revoke a
permission issued or granted by it if the
Authority or council considers that the
holder of the permission--
(a) is no longer required to hold the
permission; or
(b) no longer engages in the permission
activity.".
14 Priority waste and landfill facilities
In section 7 of the Principal Act, in proposed
section 67 of the Environment Protection
Act 2017, for "deposit of" substitute "receiving".
15 Joint publication
In section 7 of the Principal Act, in proposed
section 70(a) of the Environment Protection
Act 2017, for "public works" (where twice
occurring) substitute "works".
16 Renewal of registrations
(1) In section 7 of the Principal Act, for proposed
section 86(4) of the Environment Protection
Act 2017 substitute--
8
Environment Protection Amendment Act 2019
No. of 2019
Part 3--Amendments to the Environment Protection Amendment Act 2018
"(4) On receiving an application for the renewal
of a registration that complies with this
section, the Authority is taken to have
renewed the registration subject to the
standard conditions to which the registration
was subject before the renewal.
(5) Within 10 business days after receiving an
application for the renewal of a registration
that complies with this section, the Authority
must notify the applicant--
(a) that the registration has been renewed;
and
(b) of the standard conditions to which the
renewed registration is subject.".
(2) In section 7 of the Principal Act, in proposed
section 86 of the Environment Protection
Act 2017--
(a) for "(5)" substitute "(6)";
(b) for "(6)" substitute "(7)".
17 Additional or alternative penalties for prohibited
persons
In section 7 of the Principal Act, in proposed
section 89(2) of the Environment Protection
Act 2017, for "section Part 11.8" substitute
"Part 11.8".
18 Environment reference standards
(1) In section 7 of the Principal Act, in proposed
section 93(2) of the Environment Protection
Act 2017 omit "that specify the environmental
condition and uses of the environment".
(2) In section 7 of the Principal Act, in proposed
section 93(3) of the Environment Protection
Act 2017--
9
Environment Protection Amendment Act 2019
No. of 2019
Part 3--Amendments to the Environment Protection Amendment Act 2018
(a) in paragraph (d), for "applies; and"
substitute "applies.";
(b) paragraph (e) is repealed.
(3) In section 7 of the Principal Act, after proposed
section 93(3) of the Environment Protection
Act 2017 insert--
"(4) An environment reference standard may
specify indicators and objectives to be used
to measure whether an environmental value
specified in the environment reference
standard is being achieved or maintained.".
(4) In section 7 of the Principal Act, in proposed
section 93(4) of the Environment Protection
Act 2017--
(a) for "(4)" substitute "(5)";
(b) for "subsection (3)(e)" substitute
"subsection (4)".
19 Written statement
In section 7 of the Principal Act, in proposed
section 118(2)(b)(ii) of the Environment
Protection Act 2017, for "saw another person
who" substitute "reasonably believes that another
person".
20 Litter enforcement officer may ask person's name
and address
(1) In section 7 of the Principal Act, in proposed
section 125(3) of the Environment Protection
Act 2017--
(a) for "A person" substitute "A natural
person";
(b) omit "In the case of a natural person,".
10
Environment Protection Amendment Act 2019
No. of 2019
Part 3--Amendments to the Environment Protection Amendment Act 2018
(2) In section 7 of the Principal Act, in proposed
section 125(4) of the Environment Protection
Act 2017--
(a) for "A person" substitute "A natural
person";
(b) omit "In the case of a natural person,".
(3) In section 7 of the Principal Act, in proposed
section 125(6) of the Environment Protection
Act 2017--
(a) for "A person" substitute "A natural
person";
(b) omit "In the case of a natural person,".
21 Requirement to pay waste levy
(1) In section 7 of the Principal Act, in proposed
section 145(1) and (2) of the Environment
Protection Act 2017, for "deposited on to land"
substitute "received".
(2) In section 7 of the Principal Act, in proposed
section 145(4)(b) of the Environment Protection
Act 2017, for "deposited" substitute "received".
22 Appointment fee
(1) In section 7 of the Principal Act, in the heading to
proposed section 196 of the Environment
Protection Act 2017, for "Appointment"
substitute "Application".
(2) In section 7 of the Principal Act, in proposed
section 196 of the Environment Protection
Act 2017, for "appointment" (where twice
occurring) substitute "application".
23 Authority may review financial assurance
In section 7 of the Principal Act, in proposed
section 225(2)(f) of the Environment Protection
Act 2017, after "review of the" insert "form or".
11
Environment Protection Amendment Act 2019
No. of 2019
Part 3--Amendments to the Environment Protection Amendment Act 2018
24 Enforcement of financial assurance
In section 7 of the Principal Act, in proposed
section 234(2)(a) of the Environment Protection
Act 2017, after "permission" (where first
occurring) insert "issued or".
25 Authorised officers
(1) In section 7 of the Principal Act, in proposed
section 242(1) of the Environment Protection
Act 2017, for "officer of employee" substitute
"officer or employee".
(2) In section 7 of the Principal Act, in proposed
section 242(2) of the Environment Protection
Act 2017 omit "in writing".
26 Authorised officer may ask person's name and
address
In section 7 of the Principal Act, in proposed
section 259(3) of the Environment Protection
Act 2017--
(a) for "a person" substitute "a natural person";
(b) omit "In the case of a natural person,".
27 Improvement notices
In section 7 of the Principal Act, in proposed
section 271(1)(b) of the Environment Protection
Act 2017, after "permission" insert "issued or".
28 Environmental action notice
In section 7 of the Principal Act, in proposed
section 274(4) of the Environment Protection
Act 2017--
(a) after "The Authority" insert "or an
authorised officer";
(b) for "it" (where first occurring) substitute
"the Authority or the authorised officer".
12
Environment Protection Amendment Act 2019
No. of 2019
Part 3--Amendments to the Environment Protection Amendment Act 2018
29 Non-compliance with non-disturbance notice
In section 7 of the Principal Act, in the Note at the
foot of proposed section 293(1) of the
Environment Protection Act 2017, for "section
subsection (1)" substitute "subsection (1)".
30 Court orders
In section 7 of the Principal Act, in proposed
section 309(1)(a) of the Environment Protection
Act 2017, after "permission" insert "issued or".
31 Functions of the Authority
In section 12 of the Principal Act, in proposed
section 358(e) of the Environment Protection
Act 2017, for "the human" substitute "human".
32 Decisions reviewable by VCAT
(1) In section 18 of the Principal Act, in item 5 of the
Table to proposed section 430(4) of the
Environment Protection Act 2017, for "(6)"
substitute "(7)".
(2) In section 18 of the Principal Act, after item 18 of
the Table to proposed section 430(4) of the
Environment Protection Act 2017 insert--
"18A. 121(6) Person to whom notice under
section 121(6) issued".
(3) In section 18 of the Principal Act, in item 23 of
the Table to proposed section 430(4) of the
Environment Protection Act 2017, after
"200(1)" insert ", (2)".
33 Applications for review by VCAT
In section 18 of the Principal Act, in proposed
section 431(3)(a) of the Environment Protection
Act 2017, for "public works" (where twice
occurring) substitute "works".
13
Environment Protection Amendment Act 2019
No. of 2019
Part 3--Amendments to the Environment Protection Amendment Act 2018
34 Application for review by third parties
In section 18 of the Principal Act, in proposed
section 434(5)(a) of the Environment Protection
Act 2017, for "public works" (where twice
occurring) substitute "works".
35 Delegation
In section 18 of the Principal Act, in proposed
section 437(1) of the Environment Protection
Act 2017 omit "in writing".
36 Payments out of the Environment Protection Fund
In section 18 of the Principal Act, in proposed
section 445(1)(a) of the Environment Protection
Act 2017, for "used" substitute "applied".
37 Restorative Project Account
In section 18 of the Principal Act, in proposed
section 447(3) of the Environment Protection
Act 2017, for "used" (where twice occurring)
substitute "applied".
38 Sustainability Fund Account
(1) In section 18 of the Principal Act, in proposed
section 449(3) of the Environment Protection
Act 2017, for "used" substitute "applied".
(2) In section 18 of the Principal Act, in proposed
section 449(4) of the Environment Protection
Act 2017, for "use" substitute "application".
39 Regulations
In section 18 of the Principal Act, in proposed
section 465(2)(c)(i) of the Environment
Protection Act 2017, for "the doing" substitute
"doing".
14
Environment Protection Amendment Act 2019
No. of 2019
Part 3--Amendments to the Environment Protection Amendment Act 2018
40 General transitional provisions
In section 18 of the Principal Act, in proposed
section 469 of the Environment Protection
Act 2017, for "Part" (wherever occurring)
substitute "Chapter".
41 Schedule 1--Regulations
In section 23 of the Principal Act, after item 6.11
of proposed Schedule 1 to the Environment
Protection Act 2017 insert--
"6.11A Prohibiting the provision of false or
misleading information relating to plastic
products, plastic packaging or plastic bags.".
42 Schedule 2--Amount payable as waste levy
(1) In section 23 of the Principal Act, in Table 1 in
proposed Schedule 2 to the Environment
Protection Act 2017, for "deposited" substitute
"received".
(2) In section 23 of the Principal Act, in the Note at
the foot of Table 1 in proposed Schedule 2 to the
Environment Protection Act 2017, for
"deposited" substitute "received".
(3) In section 23 of the Principal Act, in Table 2 in
proposed Schedule 2 to the Environment
Protection Act 2017, for "deposited" substitute
"received".
(4) In section 23 of the Principal Act, in the Note at
the foot of Table 2 in proposed Schedule 2 to the
Environment Protection Act 2017--
(a) for "the deposit of" substitute "receiving";
(b) for "the deposit to landfill of Category A
waste" substitute "receiving Category A
waste at a landfill";
(c) for "deposited" substitute "received".
15
Environment Protection Amendment Act 2019
No. of 2019
Part 3--Amendments to the Environment Protection Amendment Act 2018
43 Catchment and Land Protection Act 1994
For section 32(2) of the Principal Act
substitute--
'(2) For section 48B(c) of the Catchment and
Land Protection Act 1994 substitute--
"(c) take account of any relevant
environment reference standard within
the meaning of the Environment
Protection Act 2017 or any Order
made by the Governor in Council under
section 156 of the Environment
Protection Act 2017.".'.
44 Flora and Fauna Guarantee Act 1988
In section 37 of the Principal Act--
(a) for "section 38(c)" substitute "section
41B(c)";
(b) in proposed section 41B(c) of the Flora and
Fauna Guarantee Act 1988 omit "and give
effect to".
45 New section 42A inserted
After section 42 of the Principal Act insert--
'42A Marine and Coastal Act 2018
(1) Insert the following definitions in section 3
of the Marine and Coastal Act 2018--
"environment reference standard has the
same meaning as in the Environment
Protection Act 2017;
environmental value has the same meaning
as in the Environment Protection
Act 2017;".
16
Environment Protection Amendment Act 2019
No. of 2019
Part 3--Amendments to the Environment Protection Amendment Act 2018
(2) In paragraph (c) of the definition of
applicable Act in section 3 of the Marine
and Coastal Act 2018, for "Protection
Act 1970" substitute "Protection
Act 2017".
(3) In section 50 of the Marine and Coastal
Act 2018--
(a) in paragraph (a), for "beneficial uses"
substitute "environmental values";
(b) in paragraph (b), for "State
environment protection policy"
substitute "environment reference
standard".'.
46 Subdivision Act 1988
In section 54 of the Principal Act, in proposed
section 41B(c) of the Subdivision Act 1988--
(a) omit "and give effect to";
(b) for "environmental" substitute
"environment".
47 Water Act 1989
For section 61 of the Principal Act substitute--
'61 Water Act 1989
(1) After section 33J(2)(h) of the Water
Act 1989 insert--
"(ha) any environment reference standard
within the meaning of the
Environment Protection Act 2017 and
any Order made by the Governor in
Council under section 156 of the
Environment Protection Act 2017;
and".
17
Environment Protection Amendment Act 2019
No. of 2019
Part 3--Amendments to the Environment Protection Amendment Act 2018
(2) After section 40(1)(j) of the Water Act 1989
insert--
"(jaa) any environment reference standard
within the meaning of the
Environment Protection Act 2017 and
any Order made by the Governor in
Council under section 156 of the
Environment Protection Act 2017;".
(3) After section 48F(1)(d) of the Water
Act 1989 insert--
"(da) any environment reference standard
within the meaning of the
Environment Protection Act 2017 and
any Order made by the Governor in
Council under section 156 of the
Environment Protection Act 2017;".
(4) In section 305B of the Water Act 1989, for
"and give effect to any relevant State
environment protection policy declared in
any Order made by the Governor in Council
under section 16 of the Environment
Protection Act 1970" substitute "any
environment reference standard within the
meaning of the Environment Protection
Act 2017 and any Order made by the
Governor in Council under section 156 of the
Environment Protection Act 2017".'.
18
Environment Protection Amendment Act 2019
No. of 2019
Part 4--Repeal of amending Act
Part 4--Repeal of amending Act
48 Repeal of amending Act
This Act is repealed on 1 December 2021.
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).
═════════════
19
Environment Protection Amendment Act 2019
No. of 2019
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
Environment Protection Act 1970 to prohibit the provision of certain
plastic bags and to prevent the provision of misleading information
relating to plastic bags and to make technical and consequential
amendments to the Environment Protection Amendment Act 2018 and
for other purposes."
By Authority. Government Printer for the State of Victoria.
20
[Index] [Search] [Download] [Related Items] [Help]