Environment Protection Act 2017 Final

Authorised Version No.
008
Environment Protection Act 2017
No. 51 of 2017
Authorised Version incorporating amendments as at
7 September 2022
TABLE OF PROVISIONS
Section Page
Chapter 1—Preliminary 1
1 Purposes 1
2 Commencement 2
3 Definitions 3
4 What is harm? 38
5 What is material harm? 39
6 The concept of minimising risks of harm to human health
and the environment 40
7 Application of Act 41
8 Extraterritorial application of Act 41
9 Simplified outlines 42
Chapter 2—Principles of environment protection 43
Part 2.1—Simplified outline 43
10 Simplified outline—Chapter 2 43
Part 2.2—Application of this Chapter 44
11 Specified principles of environment protection 44
12 Effect of this Chapter 44
Part 2.3—Principles of environment protection 45
13 Principle of integration of environmental, social and
economic considerations 45
14 Principle of proportionality 45
15 Principle of primacy of prevention 45
16 Principle of shared responsibility 45
17 Principle of polluter pays 46
18 Principle of waste management hierarchy 46
19 Principle of evidence-based decision making 46
20 Precautionary principle 46
21 Principle of equity 47
22 Principle of accountability 47
Authorised by the Chief Parliamentary Counsel

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Section Page
23 Principle of conservation 47
Chapter 3—Duties relating to environment protection 48
Part 3.2—General environmental duty 49
25 General environmental duty 49
26 Multiple contraventions of general environmental duty 51
27 Aggravated breach of the general environmental duty 52
Part 3.3—Transitional duty relating to material harm 53
28 Transitional duty relating to material harm 53
Part 3.4—Duties relating to pollution incidents 55
29 Meaning of pollution incident 55
30 Meaning of notifiable incident 55
31 Duty to take action to respond to harm caused by pollution
incident 55
32 Duty to notify Authority of notifiable incidents 56
33 Manner and form of notification of notifiable incidents 57
34 Privilege against self-incrimination does not apply 57
Part 3.5—Duties relating to contaminated land 59
Division 1—Core concepts and application of Part 59
35 What is contaminated land? 59
36 Background level of waste or substances 59
37 What is notifiable contamination? 60
38 Act applies whenever land contaminated 60
Division 2—Duties relating to contaminated land 61
39 Duty to manage contaminated land 61
40 Duty to notify of contaminated land 62
41 Manner and form of notification 63
42 Privilege against self-incrimination abrogated 64
Chapter 4—Permissions 65
Part 4.2—Permissions required for certain activities 67
44 Development licences required for development activities 67
45 Operating licences required for operating activities 69
46 Permits required for permit activities 70
47 Registration required for registration activities 71

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Section Page
48 Determination that person does not require a permission 72

Part 4.3—General provisions relating to permissions 73
49 Application of this Part 73
50 Form and contents of applications 73
51 Authority may deal with application after expiry of
determination period 74
52 Notice of applications for development licences to be
published 75
53 Authority must develop Charter of Consultation 76
54 Permission conditions 76
55 Permission fees 78
56 Transfer of licence or permit 78
57 Amendment of licence or permit on application 80
58 Amendment of permission on initiative of Authority or
council 82
59 Surrender or revocation of permissions on application 84
60 Suspension of permission 86
61 Revocation of permission on Authority or council's initiative 89
62 Complying with permission 91
63 Breach of permission conditions—indictable offence 91
64 Breach of prescribed permission conditions 92
65 Continuing effect of conditions 93
66 Fit and proper persons 93
67 Priority waste and landfill facilities 94
68 Exemptions for transporting reportable priority waste 94
Part 4.4—Licences 96
Division 1—Development licences 96
69 Development licences 96
70 Joint publication 98
71 Conditions of development licences 98
72 Extension of term of development licences 99
73 Statement as to whether activity specified in development
licence completed 99
Division 2—Operating licences 99
74 Operating licences 99
75 Term of operating licences 101
76 Review of operating licences 102
Division 3—Pilot project licences 103
77 Pilot project licences 103
78 Consideration of application for pilot project licence 104
79 Duration and effect of pilot project licence 105

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Section Page
Division 4—Licence exemptions 105

80 Application for licence exemptions 105
Part 4.5—Permits 107
81 Permits 107
82 Permit exemptions granted by the Authority 108
83 Permit exemptions granted by a council 109
84 Renewal of permits 110
Part 4.6—Registrations 112
85 Registration of prescribed activities 112
86 Renewal of registrations 113
87 Registration of non-prescribed activities 114
Part 4.7—Persons prohibited from engaging in prescribed
activities 115
88 Certain persons prohibited from engaging in particular
activities 115
89 Additional or alternative penalties for prohibited persons 117
90 Applications by prohibited persons to engage in prescribed
activity 118
Part 4.8—Environment protection levy 120
91 Environment protection levy 120
Chapter 5—Environment reference standards, compliance codes
and position statements 122
Part 5.2—Environment reference standards 124
93 Environment reference standards 124
94 Application of the Subordinate Legislation Act 1994 to
environment reference standards 125
95 Preparation of environment reference standards 126
96 Environment reference standard may incorporate NEPM 126
97 Review of environment reference standards 127
98 Notice of review determination 128
99 Consideration of environment reference standards 129
Part 5.3—Compliance codes 130
100 Compliance codes 130
101 Content of compliance codes 130
102 Communication of compliance codes 130
103 Effect of compliance codes 131
104 No penalty for failure to comply with compliance codes 131

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Section Page
Part 5.4—Position statements 132

105 Authority may make position statements 132
106 Communication of position statements 132
107 Content of position statements 132
108 Consultation on position statements 133
109 Effect of position statements 134
Chapter 6—Waste 135
Part 6.2—Objects 136
111 Objects 136
Part 6.3—Litter and other waste 137
Division 1—Preliminary matters 137
112 Definitions 137
113 Governor in Council may declare body to be a litter authority 137
Division 2—Appointment of litter enforcement officers 138
114 Litter enforcement officers 138
Division 3—Offences in relation to littering and other waste 139
115 Unlawful deposit of waste 139
116 Liability of owners and drivers of vehicles in relation to
littering of waste 141
117 Exceptions to liability of owners and drivers of vehicles in
relation to littering of waste 142
118 Written statement 143
Division 4—Removal of waste and objects or things 144
119 Litter enforcement officer may request persons to remove
waste 144
120 Court may order person to remove waste 144
121 Waste abatement notice 146
122 Litter authority may take action following failure to comply
with waste abatement notice 149
123 Occupier may recover cost of removing waste 149
Division 5—Powers of litter enforcement officers and other
matters 150
124 Powers of entry of litter enforcement officers 150
125 Litter enforcement officer may ask person's name and
address 150

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Section Page
126 Litter enforcement officer to produce proof of identity and

official status 151
127 Waste information gathering notice 152
128 Form of waste information gathering notice 153
129 Extension of time under waste information gathering notice 154
130 Court orders 154
131 Reports of littering offences to Authority or council 154
132 Offence to supply false or misleading information 155
Part 6.4—Duties relating to industrial waste 156
133 Duties of persons depositing industrial waste 156
134 Duties of persons receiving industrial waste 157
135 Duty of persons involved in transporting industrial waste 158
136 Repeat industrial waste offenders 159
137 Offence to supply false or misleading information or conceal
information in connection with industrial waste 160
Part 6.5—Duties and controls relating to priority waste 162
138 What is priority waste? 162
139 Duties of persons managing priority waste 162
140 Duty to investigate alternatives to waste disposal 163
141 Guidelines for alternatives to waste disposal 164
142 Duty to notify of transaction in reportable priority waste 165
143 Duty of persons transporting reportable priority waste 165
Part 6.6—Waste levy scheme 167
144 Definitions 167
145 Requirement to pay waste levy 167
146 Minister may waive the requirement to pay waste levy 168
147 Payment of waste levy to the Authority 169
148 Calculation of levy that results in negative amount 170
149 Agreement to offset amount owing 170
150 Requirement to provide prescribed information regarding
calculations of waste levy and allowable rebates to Authority 170
151 Assessment by the Authority of waste levy liability 171
152 Rights and powers of the Authority if waste levy is not paid 173
Chapter 7—Environmental management 175
Part 7.2—Environmentally hazardous substances 177
154 Orders relating to environmentally hazardous substances 177
155 Failure to comply with Orders relating to environmentally
hazardous substances 178

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Section Page
Part 7.3—Obligations for managers of land or infrastructure 180

156 Obligations of managers of land or infrastructure 180
Part 7.4—Authorisation of discharges or disposal 183
157 Authority may authorise emergency storage, use etc. of waste 183
158 Complying with authorisation 184
Part 7.5—Issues of environmental concern 185
159 Notice of proposed declaration and notice of decision 185
160 Declaration of issue of environmental concern 187
161 Amendment or revocation of declaration of issue of
environmental concern 188
162 Consideration of issues of environmental concern when
issuing remedial notices 188
163 Combination of notice of proposed declaration with notice of
proposed statutory rule or legislative instrument 189
164 Combination of notices of decision 189
Part 7.6—Control of unreasonable and aggravated noise 191
Division 1—Meaning of residential premises 191
165 Meaning of residential premises 191
Division 2—Unreasonable and aggravated noise 192
166 Unreasonable noise 192
167 Unreasonable noise from residential premises 192
168 Aggravated noise 193
169 Unreasonable noise from entertainment venues 193
Division 3—Enforcement 194
170 Persons who may take proceedings for certain offences 194
171 Residential noise enforcement officers 195
172 Residential noise improvement notices 195
173 Proceedings for offences not affected by residential noise
improvement notices 197
174 Injunctions relating to residential noise 197
175 Unreasonable noise directions 198
176 Entry orders 199
177 Obstruction of police officer 200
Chapter 8—Better environment plans, environmental audits and
other matters 201

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Section Page
Part 8.2—Better environment plans 202

179 Definition 202
180 Purposes of better environment plans 202
181 Submission of proposed better environment plans 202
182 Authority may accept proposed better environment plans 203
183 Participant must notify Authority of change in circumstances 205
184 Amendment or revocation of better environment plans and
removal of participants 205
185 Withdrawal from better environment plans 207
186 Effect of compliance with better environment plans 207
187 Failure to comply with better environment plans 207
188 Guidelines 207
Part 8.3—Environmental audit system 209
189 Purpose of Part 209
Division 1—Environmental auditors 209
190 Functions of environmental auditors 209
191 Application for appointment as environmental auditor 210
192 Advisory panel for application for appointment as
environmental auditor 211
193 Determination by Authority of application for appointment
as environmental auditor 211
194 Refusal of application for appointment as environmental
auditor 213
195 Approval of application for appointment as environmental
auditor 213
196 Application fee 214
197 Conditions on appointment of environmental auditor 214
198 Reappointment of environmental auditors 215
199 Refusal of application for reappointment as environmental
auditor 215
200 Revocation or suspension of appointment of environmental
auditors 217
201 Matters to which Authority must have regard in deciding a
suspension or revocation of appointment of environmental
auditor 220
202 When does a suspension or revocation take effect? 221
203 Guidelines for environmental auditors 222
Division 2—Preliminary risk screen assessments 222
204 Preliminary risk screen assessment 222
205 Preliminary risk screen assessment statement 223
206 What is included in a preliminary risk screen assessment
statement? 223

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Section Page
207 What is included in a preliminary risk screen assessment

report? 225
Division 3—Environmental audits 226
208 Environmental audits 226
209 Environmental auditor must notify the Authority of
environmental audit 227
210 Environmental audit statement 228
211 What is included in an environmental audit statement? 228
212 What is included in an environmental audit report? 230
Division 4—Offences and other matters 230
213 Withdrawal, amendment or issue of new preliminary risk
screen assessment statement or environmental audit
statement 230
214 Obligation of person in management or control to provide
copy of preliminary risk screen assessment statement or
environmental audit statement 232
215 False or misleading preliminary risk screen assessment
statement or environmental audit statement 233
216 Environmental auditor must notify the Authority of imminent
state of danger 234
217 Fees to be paid by environmental auditor 235
Part 8.4—Financial assurances 236
218 Purposes of this Part 236
219 Authority may require financial assurance 236
220 Form of financial assurance 237
221 Amount of financial assurance 238
222 Independent assessment of amount of financial assurance 238
223 Method for calculating financial assurance amount 239
224 Costs associated with financial assurance 239
225 Authority may review financial assurance 239
226 Authority may amend financial assurance 240
227 Authority may make a claim on financial assurance 242
228 Procedure for claim on financial assurance in the event of a
person's failure to remediate or clean up 243
229 Procedure for claim on financial assurance in the event of
immediate or serious risk 243
230 Notice to replenish financial assurance 244
231 Specified conditions for release of financial assurance 244
232 Application for release of financial assurance 245
233 Transfer of financial assurance 246
234 Enforcement of financial assurance 246
Part 8.5—Advisory panels 248
235 Advisory panels 248

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Section Page
Part 8.6—Conference of interested persons 250

236 Authority may establish conference of interested persons 250
237 Appointment of convenor 251
238 Recommendations and additional material from conference
of interested persons 251
239 Rules for conferences of interested persons 252
240 Participation to be voluntary 252
Chapter 9—Authorised officers, analysts and other appointments 253
Part 9.2—Appointment of authorised officers and analysts and
appointments to other roles 255
Division 1—Authorised officers 255
242 Authorised officers 255
243 Authorised officers' identity cards 257
244 Directions in respect of authorised officers 257
Division 2—Other appointments by Authority 258
245 Authority may appoint analysts and prescribed roles 258
Part 9.3—Inspection and inquiry powers 259
Division 1—Powers of entry and inspection 259
246 Authorised officer may enter and inspect any place or
premises 259
247 Entry and inspection of a place or premises when open to the
public 260
248 Residential premises 260
249 Announcement on entry 261
250 Persons assisting authorised officer 261
251 Powers on entry 262
252 Authorised officer may require production of documents 263
253 Authorised officer may require information or answers 264
254 Report to be given about entry and inspection of place or
premises 265
Division 2—Information gathering notices 265
255 Authority may serve information gathering notice 265
256 Form of information gathering notice 266
257 Extension of time under information gathering notice 267
Division 3—Power to ask person's name and address 267
259 Authorised officer may ask person's name and address 267

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Section Page
Division 4—Power to give directions 268

260 Authorised officer may give directions 268
Division 5—Search warrants 270
261 Authorised officer may apply for search warrants 270
262 Announcement before entry on warrant 271
263 Copy of warrant to be given to occupier 271
Division 6—Return and forfeiture of seized things 272
264 Return of seized things 272
265 Forfeiture of seized things 273
Division 7—Offences relating to authorised officers 273
266 Obstruction of authorised officer 273
267 Assault, intimidation or threatening of authorised officer 274
Division 8—General 274
268 Protection against self-incrimination 274
269 Motor vehicle compliance 275
Chapter 10—Notices 276
Part 10.2—Improvement and prohibition notices 278
Division 1—Improvement notices 278
271 Improvement notices 278
Division 2—Prohibition notices 279
272 Prohibition notices 279
Part 10.3—Notices to investigate and environmental action notices 282
Division 1—Notice to investigate 282
273 Notice to investigate 282
Division 2—Environmental action notice 284
274 Environmental action notice 284
Part 10.4—Site management orders 287
275 Site management orders 287
276 Status of site management orders 290
277 Application to vary or revoke site management order 290

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Section Page
Part 10.5—Non-disturbance notices 292

278 Power to issue a non-disturbance notice 292
Part 10.6—General matters relating to notices 294
279 Amendment of notices 294
280 Notification of notices 294
281 Proceedings for offences not affected by notices 295
282 Continuing effect of notices and conditions 295
Part 10.7—Redirection of corporate obligations 296
283 Redirection of obligations of related or associated entities 296
284 Redirection of obligations to officers 297
285 Redirection of obligations in case of transfer of land 298
Part 10.8—Offences relating to notices and orders 300
286 Non-compliance with improvement notice 300
287 Non-compliance with prohibition notice 300
288 Failure to report 301
289 Non-compliance with notice to investigate 301
290 Non-compliance with environmental action notice 302
291 Reasonable excuse where entry refused 303
292 Non-compliance with site management order 303
293 Non-compliance with non-disturbance notice 304
Part 10.9—Clean up and cost recovery powers 305
Division 1—Clean up powers 305
294 Circumstances in which Authority may exercise clean up
powers 305
295 Authority to give notice of intention to exercise clean up
powers in case of financial assurance 306
296 Matters relating to Authority entering land 306
Division 2—Cost recovery powers 307
297 Cost recovery powers 307
297A Displacement of other laws 308
298 Unrecovered costs can become charge on property 309
Chapter 11—Enforcement and proceedings 312
Part 11.2—Enforceable undertakings 314
300 Authority may accept enforceable undertaking 314
301 Enforcement 314
302 Authority may take specified actions 316

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Section Page
303 No criminal proceedings while enforceable undertaking in

force 317
304 Proceedings following withdrawal of enforceable
undertaking 317
305 No further proceedings if enforceable undertaking is
complied with 318
306 Contempt of court 318
Part 11.3—Infringement notices 320
307 Infringement notices 320
Part 11.4—Civil remedies 322
308 Eligible persons 322
310 Interim orders 324
311 Consent orders 324
312 Ancillary orders 325
313 Compensation orders 325
Part 11.5—Civil penalties 327
314 Civil penalty provision 327
315 Civil penalty orders 331
316 Persons involved in contravening civil penalty provision 332
317 Further orders for contravening civil penalty provision 333
318 Civil proceedings after criminal proceedings 333
319 Criminal proceeding during proceeding for a civil penalty
order 333
320 Criminal proceeding commenced after proceeding for civil
penalty order 334
321 Evidence given or produced during proceeding for civil
penalty order 334
322 Conduct contravening more than one civil penalty provision 335
323 Multiple contraventions of civil penalty provisions 335
324 Multiple proceedings for civil penalty order to be heard
together 335
325 Jurisdictional limit of Magistrates' Court does not apply to
civil penalty order 336
326 Recovery of a pecuniary penalty 336
Part 11.6—Powers of Courts 337
Division 1—Application of Part 11.6 337
327 Application of Part 11.6 337
Division 2—Orders 337
328 General 337
329 Monetary benefit orders 338

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Section Page
330 Adverse publicity orders 339

331 General restoration and prevention orders 340
332 Restorative project orders 341
333 Environmental audit orders 341
Division 3—Enforcement of orders 341
334 Enforcement of orders 341
Division 4—Impact statements 343
335 Court may consider impact statements 343
Division 5—Restorative justice processes 344
336 Adjournment of proceedings for restorative justice process 344
Part 11.7—Evidentiary and related enforcement provisions 346
337 Reports and certificates 346
338 Certificate concerning ownership of vehicle or vessel 347
339 Certificate concerning litter offences 348
340 Reports and certificates to be served with summons 348
341 Statement to be evidence of authority 349
342 Judicial notice of signatures 350
343 Evidence 350
344 Service of documents 351
345 Service of documents—alternative to attendance 353
346 Authority to be able to recover costs of analysis 354
347 Persons who may take proceedings 355
348 Contraventions on shared premises 356
Part 11.8—Officers' liabilities and conduct of employees and
agents 357
Division 1—Officers' liabilities 357
349 Liability of officers of bodies corporate—failure to exercise
due diligence 357
350 Liability of officers of bodies corporate—failure to exercise
due diligence (legal burden of proof) 359
351 Liability of officers of bodies corporate—accessorial liability 361
352 Application of civil penalties to officers of bodies corporate 361
Division 2—Conduct of employees and agents 362
353 Conduct of employee, agent or officer taken to be conduct of
body corporate 362
Part 11.9—Defence of emergency 363
354 Emergency 363

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Section Page
Chapter 12—Environment Protection Authority 364

Part 12.2—Environment Protection Authority 365
356 Environment Protection Authority 365
357 Objective of the Authority 366
358 Functions of the Authority 366
359 Powers of the Authority 368
360 Staff 369
361 Environment Protection Authority Governing Board 369
362 Functions of the Governing Board 370
363 Chairperson and deputy Chairperson 370
364 Conditions of office for Governing Board members 371
365 Vacancies, resignations and removal from office 371
366 Acting appointments 373
367 Validity of acts or decisions 375
368 Proceedings of the Governing Board 376
369 Resolutions without meetings 376
370 Pecuniary interests of members of the Governing Board 377
371 Improper use of information 378
372 Governing Board may establish advisory committees 379
373 Chief executive officer 379
374 Chief environmental scientist 380
Part 12.3—General provisions 381
375 Application of the Public Administration Act 2004 381
376 Remuneration and expenses 381
377 Mandatory notification of corrupt conduct to IBAC 381
378 Consultation prior to notification 382
379 Communication of information to the IBAC 382
380 Authority not to prejudice investigations of the IBAC 383
Chapter 13—Waste and resource recovery infrastructure and
planning 384
Part 13.3—Victorian Waste and Resource Recovery Infrastructure
Planning Framework 387
Division 1—Victorian Waste and Resource Recovery
Infrastructure Planning Framework 387
405 Definition of the Victorian Waste and Resource Recovery

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Section Page
406 Objectives of the Victorian Waste and Resource Recovery

Division 2—State-Wide Waste and Resource Recovery
Infrastructure Plan 389
407 Preparation of State-Wide Waste and Resource Recovery
408 Content of State-Wide Waste and Resource Recovery
409 Consultation on State-Wide Waste and Resource Recovery
410 Minister’s approval of State-Wide Waste and Resource
Recovery Infrastructure Plan 389
411 Gazettal of State-Wide Waste and Resource Recovery
412 Publication of State-Wide Waste and Resource Recovery
413 Amendment and variation of State-Wide Waste and
Resource Recovery Infrastructure Plan 391
414 Review of State-Wide Waste and Resource Recovery
Division 3—Regional Waste and Resource Recovery
Implementation Plans 392
415 Preparation of draft Regional Waste and Resource Recovery
416 Objective of Regional Waste and Resource Recovery
417 Content of Regional Waste and Resource Recovery
418 Consultation on Regional Waste and Resource Recovery
419 Integration in preparation of Regional Waste and Resource
Recovery Implementation Plans 394
420 Minister’s approval of Regional Waste and Resource
Recovery Implementation Plans 395
421 Gazettal of Regional Waste and Resource Recovery
422 Publication of Regional Waste and Resource Recovery
423 Amendment of Regional Waste and Resource Recovery
424 Consistency with Regional Waste and Resource Recovery
425 Review of Regional Waste and Resource Recovery

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Section Page
Division 4—General 399

426 Authority may refuse applications for certain facilities if
Plans not observed 399
427 Minister may make guidelines 400
Chapter 14—General 401
Part 14.2—Review of decisions 403
Division 1—Review by the Authority 403
429 Review by the Authority 403
Division 2—Review by VCAT 405
430 Decisions reviewable by VCAT 405
431 Applications for review by VCAT 408
432 Specific grounds of review 410
433 Joinder of parties 411
434 Application for review by third parties 411
435 Matters VCAT must take into account 414
436 Application for declaration 414
Part 14.3—Delegations 415
437 Delegation 415
Part 14.4—Financial matters 417
438 Fees and penalties to be paid into the Consolidated Fund 417
439 Exceptions to requirement to pay fees and penalties into the
Consolidated Fund 417
440 Further exceptions to requirement to pay fees and penalties
into the Consolidated Fund in relation to Part 6.3 419
441 Environment Protection Fund 419
442 Investment of money from Environment Protection Fund 420
443 Treasurer may make grants or advances out of the
Environment Protection Fund 420
444 Payments into the Environment Protection Fund 420
445 Payments out of the Environment Protection Fund 421
446 General Waste Levy Account 422
447 Restorative Project Account 422
448 Municipal and Industrial Waste Levy Trust Account 423
449 Sustainability Fund Account 424
450 Priority statement 425
451 Sustainability Fund Account guidelines 427

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Section Page
Part 14.5—Information sharing 428

Division 1—Collection, use, disclosure and publication of
information 428
452 Authority may collect, use, disclose or publish information 428
453 Unauthorised disclosure of commercially sensitive
information 429
454 Public warning statements 430
Division 2—Public Register 431
455 Public Register 431
456 Information to be kept on the Public Register 431
457 Public access to the Public Register 434
Part 14.6—Designated agencies 435
458 Power of Authority to designate agency to have specified
responsibilities etc. in areas that pose risk of harm to human
health or the environment 435
Part 14.7—Exemptions 437
459 Exemptions 437
Part 14.8—Impersonation, interference, and information offences 440
460 Impersonation 440
461 False representations relating to Authority approval 441
462 Interference with equipment 441
463 Provision of false information 442
Chapter 15—Regulations 444
Part 15.2—Regulations 445
465 Regulations 445
465A Incorporation powers for certain documents 448
466 Effect of compliance with regulations 449
Chapter 16—Transitional provisions 450
Part 16.2—General 452
468 Definitions 452
469 General transitional provisions 453

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Part 16.3—Transitional provisions: permissions, notices, directions

and orders 454
Division 1—Permissions 454
470 When a new permission is the equivalent of an old
permission 454
471 Continuation of permissions 455
471A New permissions issued or granted by council or Authority 455
471B New permissions equivalent to old permissions issued under
section 20 of old Act 456
472 Amendment of new permissions by Authority 456
473 Continuation of exemptions 457
474 Pending application for old permission to be treated as
application for new permission 458
475 Certain other pending applications 459
Division 2—Notices, directions and orders 459
476 Continuation of notices and directions 459
477 Notifiable chemical orders 460
Part 16.4—Transitional provisions: Environmental audits 461
478 Environmental audits 461
479 Certificates of environmental audits and statements of
environmental audit 462
Part 16.5—Transitional provisions: Waste and Resource Recovery
Groups 463
480 Waste and Resource Recovery Groups 463
481 Board of directors of Waste and Resource Recovery Groups 463
482 Appointments 464
483 Staff and executive officers 465
484 Delegations 466
485 State-Wide Waste and Resource Recovery Infrastructure
Plans 467
486 Regional Waste and Resource Recovery Implementation
Plans 467
487 Transition of plans already submitted 467
Part 16.6—Transitional provisions: financial matters 468
Division 1—Funds 468
488 Money standing to the credit of Environment Protection
Fund 468
489 Money standing to the credit of General Landfill Levy
account 468
490 Money standing to the credit of Municipal and Industrial
Landfill Levy Trust Account 468

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Section Page
491 Money standing to the credit of Sustainability Fund Account 469

492 Priority statement and guidelines 469
Division 2—Landfill levy 469
493 Requirement to pay landfill levy 469
Division 3—Financial assurances 470
494 Transitional provision—financial assurances 470
Part 16.7—Transitional provisions: Continuation of certain
appointments and roles 471
495 Litter enforcement officers 471
496 Residential noise enforcement officers 471
497 Environmental auditors 471
498 Analysts 472
Part 16.8—Transitional provisions: VCAT matters 473
499 General provisions relating to VCAT 473
Part 16.9—Transitional provisions: Regulations 475
Division 1—Saving of Environment Protection (Industrial Waste
Resource) Regulations 2009 475
500 Saving of the Environment Protection (Industrial Waste
Resource) Regulations 2009 475
Division 2—Saving of Environment Protection (Vehicle Emissions)
Regulations 2013 475
501 Saving of the Environment Protection (Vehicle Emissions)
Regulations 2013 475
Division 3—Transitional regulations 476
502 Transitional regulations 476
Schedule 1—Regulations 478
Schedule 2—Amount payable as waste levy 487
═════════════
Endnotes 489
1 General information 489
2 Table of Amendments 491
3 Explanatory details 492

xx
Authorised Version No. 008
No. 51 of 2017
Authorised Version incorporating amendments as at
7 September 2022
The Parliament of Victoria enacts:
Chapter 1—Preliminary Pt 1 (Heading)

substituted as
1 Purposes Ch. 1
(Heading) by
The main purposes of this Act are— No. 39/2018
s. 4.
(a) to provide for the continuation of the
Environment Protection Authority; and
(b) to specify a new objective of the
(c) to provide for a new governance structure of
the continued Environment Protection
Authority; and
(d) to provide for the Governing Board of the
(e) to set out principles of environment S. 1(e)
inserted by
protection; and No. 39/2018
s. 5(1).
(f) to set out the legislative framework for the S. 1(f)

inserted by
protection of human health and the No. 39/2018
environment from pollution and waste; and s. 5(1).
(g) to provide for a general environmental duty S. 1(g)

inserted by
to minimise risks of harm to human health No. 39/2018
and the environment from pollution or waste; s. 5(1).
and

1
No. 51 of 2017
S. 1(h) (h) to establish a permissions scheme that

inserted by enables the Environment Protection
No. 39/2018
s. 5(1). Authority to issue or grant development
licences, operating licences, pilot project
licences, permits and registrations; and
S. 1(i)
inserted by
(i) to provide a framework for the management
No. 39/2018 of waste; and
s. 5(1).
S. 1(j)
inserted by
(j) to provide for waste and resource recovery
No. 39/2018 infrastructure and planning; and
s. 5(1).
S. 1(k)
inserted by
(k) to enable the Environment Protection
No. 39/2018 Authority and authorised officers to ensure
s. 5(1). compliance with the Act and require action
to manage risks of harm to human health and
the environment from pollution or waste; and
S. 1(l)
inserted by
(l) to provide for a system of criminal and civil
No. 39/2018 penalties; and
s. 5(1).
S. 1(m)
inserted by
(m) to provide for a system of civil remedies and
No. 39/2018 compensation orders available to the Court;
s. 5(1). and
S. 1(e)
renumbered
(o) to make consequential amendments to the
as s. 1(o) by Public Administration Act 2004 and other
No. 39/2018
s. 5(2)(a),
Acts.
amended by
No. 39/2018
s. 5(2)(b)(c).
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2018, it comes into
operation on that day.

2
No. 51 of 2017
3 Definitions
(1) In this Act—
activity includes— S. 3(1) def. of
activity
(a) the storage or possession of waste or inserted by
No. 39/2018
any other substance or thing; or s. 6(9) (as
amended by
(b) anything prescribed to be an activity; No. 27/2019
s. 11).
advisory committee means a committee S. 3(1) def. of

advisory
established under section 372; committee
amended by
No. 39/2018
s. 6(1).
agent of a vessel means a person or body that S. 3(1) def. of

agent of a
transacts business, in a port, on behalf of the vessel
owner or charterer of the vessel; inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
analysis includes the taking of a sample or any S. 3(1) def. of

analysis
test, measurement, calculation or inserted by
examination made for the purpose of No. 39/2018
s. 6(9) (as
determining— amended by
No. 27/2019
(a) the characteristics of a matter or s. 11).
substance; or
(b) the effects of a discharge, emission or
deposit of waste or pollution;
analyst means a person appointed as an analyst S. 3(1) def. of
analyst
under section 245; inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).

3
No. 51 of 2017
S. 3(1) def. of approved motor vehicle tester means a person

approved appointed in the prescribed role of approved
motor vehicle
tester motor vehicle tester;
inserted by
No. 36/2022
s. 26(1)(a).
S. 3(1) def. of
associate
associate, of another person, means any of the
inserted by following persons—
No. 39/2018
s. 6(9) (as (a) a spouse, parent, brother, sister or child
amended by
No. 27/2019
of the other person;
(b) a domestic partner of the other person
s. 11).
within the meaning of section 39(1) of

the Relationships Act 2008;
(c) a member of the other person's
household;
(d) a person who is in a partnership within
the meaning of the Partnerships
Act 1958 with the other person;
(e) a person participating in the
management of the same
unincorporated body as the other
person;
(f) a trustee or beneficiary of the same
trust as the other person;
(g) a trustee of a trust of which the other
person is a beneficiary;
(h) a beneficiary of a trust of which the
other person is a trustee;
(i) if the other person is a body corporate,
an officer or member of the governing
body of the body corporate;

4
No. 51 of 2017
(j) a shareholder of the other person if the

other person is a body corporate (other
than a public company whose shares
are listed on a stock exchange);
(k) a person with whom a chain of
relationships with the other person can
be traced under any one or more of the
above paragraphs;
(l) a prescribed person;
associated entity has the same meaning as in the S. 3(1) def. of
associated
Corporations Act; entity
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
authorised officer means a person appointed as an S. 3(1) def. of

authorised
authorised officer under section 242; officer
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
authorised to receive industrial waste, in relation S. 3(1) def. of

authorised to
to a person or a place or premises, means any receive
of the following— industrial
waste
(a) authorised by a permission to receive inserted by
No. 39/2018
that type of industrial waste; s. 6(9) (as
amended by
(b) exempt from a requirement to obtain a No. 27/2019
permission to receive that type of
s. 11).
industrial waste;
(c) authorised under section 157(1) to
receive that type of industrial waste;
(d) specified by operation of section 48 as
not required to obtain a permission to
receive that type of industrial waste;

5
No. 51 of 2017
(e) authorised by the regulations, or in

accordance with a process prescribed
by the regulations, to receive that type
of industrial waste;
S. 3(1) def. of
Authority
Authority means the Environment Protection
amended by Authority continued under section 356;
No. 39/2018
s. 6(2).
S. 3(1) def. of
Barwon
* * * * *
South West
Waste and
Resource
Recovery
Group
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11),
repealed by
No. 55/2021
s. 197(c).
S. 3(1) def. of
Barwon
* * * * *
South West
Waste and
Resource
Recovery
Region
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11),
repealed by
No. 55/2021
s. 197(c).
S. 3(1) def. of
better
better environment plan means a better
environment environment plan accepted by the Authority
plan
inserted by
under section 182;
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).

6
No. 51 of 2017
certificate of compliance means a certificate S. 3(1) def. of

issued by an approved motor vehicle tester certificate of
compliance
under regulations made under this Act; inserted by
No. 36/2022
s. 26(1)(a).
Chairperson means the Chairperson of the S. 3(1) def. of

Chairperson
Governing Board appointed under amended by
section 363; No. 39/2018
s. 6(3).
chief environmental scientist means the chief S. 3(1) def. of

chief
environmental scientist appointed under environmental
section 374; scientist
amended by
No. 39/2018
s. 6(4).
chief executive officer means the chief executive S. 3(1) def. of

chief
officer appointed under section 373; executive
officer
amended by
No. 39/2018
s. 6(5).
civil penalty order means an order made under S. 3(1) def. of

civil penalty
Part 11.5; order
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
civil penalty provision means a provision set out S. 3(1) def. of

civil penalty
in the table in section 314; provision
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).

7
No. 51 of 2017
S. 3(1) def. of clean up includes measures or activities—

clean up
inserted by (a) to investigate and assess the nature and
No. 39/2018
s. 6(9) (as
extent of pollution or waste, including
amended by any harm or risk of harm to human
No. 27/2019
s. 11).
health and the environment arising
from the pollution or waste; and
(b) to remove, disperse, destroy, dispose
of, abate, neutralise or treat pollution or
waste; and
(c) to restore the environment to a state as
close as practicable to the state it was in
immediately before the discharge or
emission of pollution or the deposit of
waste, or to any other state, for the
purposes of Part 10.9; and
(d) for the remediation of contaminated
land; and
(e) for the ongoing management of
pollution or waste; and
(f) to do anything necessary for, in
connection with, or in relation to, the
measures set out in paragraph (a), (b),
(c), (d) or (e);
S. 3(1) def. of
commence-
* * * * *
ment day
repealed by
No. 39/2018
s. 6(8).
S. 3(1) def. of
commercially
commercially sensitive information means
sensitive information that relates to matters of a
information
inserted by
business, commercial or financial nature,
No. 39/2018 the disclosure of which would be likely to
s. 6(9) (as
amended by
unreasonably expose a person, an authority
No. 27/2019 or an associated entity to disadvantage;
s. 11).

8
No. 51 of 2017
compliance code means a compliance code S. 3(1) def. of

approved under section 100(1); compliance
code
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
conduct, in relation to a business or undertaking, S. 3(1) def. of

conduct
has the meaning given by subsection (4); inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
contaminated land has the meaning given in S. 3(1) def. of

contaminated
section 35; land
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
corrupt conduct has the same meaning as in the S. 3(1) def. of

corrupt
Independent Broad-based Anti-corruption conduct
Commission Act 2011; inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
council has the same meaning as Council has in S. 3(1) def. of

council
section 3(1) of the Local Government inserted by
Act 1989; No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).

9
No. 51 of 2017
S. 3(1) def. of council officer means—

council officer
inserted by (a) a Chief Executive Officer within the
No. 39/2018
s. 6(9) (as
meaning of section 3(1) of the Local
amended by Government Act 1989; or
No. 27/2019
s. 11). (b) a member of Council staff within the
meaning of section 3(1) of the Local
Government Act 1989;
S. 3(1) def. of
Court
Court means the County Court, the Magistrates'
inserted by Court or the Supreme Court;
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
court officer
court officer means a magistrate or registrar of the
inserted by Magistrates' Court;
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
dangerous
dangerous litter has the meaning given by
litter section 112;
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
declared
declared region has the same meaning as in the
region Circular Economy (Waste Reduction and
inserted by Recycling) Act 2021;
No. 55/2021
s. 197(a).

10
No. 51 of 2017
deposit, in relation to litter and waste, means the S. 3(1) def. of

act of parting with the possession of litter or deposit
inserted by
waste and includes the disposal of litter or No. 39/2018
waste by burial or burning, and also includes s. 6(9) (as
amended by
burial or burning of litter or waste on land Nos 27/2019
owned by or in the control or possession of s. 11),
amended by
the person responsible for burying or burning No. 36/2022
the litter or waste; s. 26(1)(b).
deputy Chairperson means the deputy S. 3(1) def. of

deputy
Chairperson of the Governing Board Chairperson
appointed under section 363; amended by
No. 39/2018
s. 6(6).
development licence means a licence issued under S. 3(1) def. of

development
section 69; licence
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
Director, Transport Safety has the same meaning S. 3(1) def. of

Director,
as in the Transport Integration Act 2010; Transport
Safety
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
draft Regional Waste and Resource Recovery S. 3(1) def. of

draft Regional
Implementation Plan means a Regional Waste and
Waste and Resource Recovery Resource
Recovery
Implementation Plan prepared by the Head, Implement-
Recycling Victoria for approval by the ation Plan
inserted by
Minister; No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11),
amended by
No. 55/2021
s. 197(b).

11
No. 51 of 2017
S. 3(1) def. of draft State-Wide Waste and Resource Recovery

draft State- Infrastructure Plan means a State-Wide
Wide Waste
and Resource Waste and Resource Recovery Infrastructure
Recovery Plan prepared by Sustainability Victoria for
Infrastructure
Plan approval by the Minister;
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
economic
economic instrument means a measure that
instrument provides financial incentives or disincentives
inserted by
No. 39/2018
for the purpose of encouraging protection
s. 6(9) (as of human health and the environment in
amended by
No. 27/2019
economic activity, through incorporating the
s. 11). costs of harm and risks of harm, including
but not limited to—
(a) a scheme in the nature of a tradeable
permit scheme; and
(b) an environmental offset (however
described);
S. 3(1) def. of
eligible
eligible person, in relation to an application under
person Part 11.4, has the meaning given by section
inserted by
No. 39/2018
308(1);
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
enforceable
enforceable undertaking means an undertaking
undertaking accepted by the Authority under section 300;
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).

12
No. 51 of 2017
entertainment venue means any premises or place S. 3(1) def. of

where music is performed or played but does entertainment
venue
not include residential premises or a place of inserted by
worship; No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
environment means— S. 3(1) def. of

environment
(a) the physical factors of the surroundings inserted by
No. 39/2018
of human beings including the land, s. 6(9) (as
waters, atmosphere, climate, sound, amended by
No. 27/2019
odours and tastes; and s. 11).
(b) the biological factors of animals and

plants; and
(c) the social factor of aesthetics;
environment reference standard means an S. 3(1) def. of
environment
environment reference standard made under reference
section 93(1); standard
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
environmental action notice means an S. 3(1) def. of

environmental
environmental action notice issued under action notice
section 274; inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
environmental audit means an environmental S. 3(1) def. of

environmental
audit conducted in accordance with audit
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).

13
No. 51 of 2017
S. 3(1) def. of environmental audit report means a report

environmental prepared under section 212;
audit report
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
environmental
environmental audit statement means an
audit environmental audit statement prepared
statement
inserted by
under section 210;
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
environmental
environmental auditor means a person appointed
auditor as an environmental auditor under Division 1
inserted by
No. 39/2018
of Part 8.3;
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
environmental
environmental value means a use, an attribute or
value a function of the environment;
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
financial
financial assurance means a financial assurance
assurance provided to the Authority in accordance with
inserted by
No. 39/2018
section 219;
s. 6(9) (as
amended by
No. 27/2019
s. 11).

14
No. 51 of 2017
general environmental duty means the duty under S. 3(1) def. of

section 25(1); general
environmental
duty
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
* * * * * S. 3(1) def. of
Gippsland
Waste and
Resource
Recovery
Group
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11),
repealed by
No. 55/2021
s. 197(c).
* * * * * S. 3(1) def. of
Gippsland
Waste and
Resource
Recovery
Region
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11),
repealed by
No. 55/2021
s. 197(c).

15
No. 51 of 2017
S. 3(1) def. of * * * * *
Goulburn
Valley Waste
and Resource
Recovery
Group
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11),
repealed by
No. 55/2021
s. 197(c).
S. 3(1) def. of
Goulburn
* * * * *
Valley Waste
and Resource
Recovery
Region
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11),
repealed by
No. 55/2021
s. 197(c).
S. 3(1) def. of
Governing
Governing Board means the Environment
Board Protection Authority Governing Board
amended by
No. 39/2018
under section 361;
s. 6(7).
S. 3(1) def. of
Grampians
* * * * *
Central West
Waste and
Resource
Recovery
Group
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11),
repealed by
No. 55/2021
s. 197(c).

16
No. 51 of 2017
* * * * * S. 3(1) def. of
Grampians
Central West
Waste and
Resource
Recovery
Region
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11),
repealed by
No. 55/2021
s. 197(c).
greenhouse gas substance means— S. 3(1) def. of

greenhouse
(a) carbon dioxide, methane, nitrous oxide gas
substance
or sulphur hexafluoride, whether in a inserted by
gaseous or liquid state; or No. 39/2018
s. 6(9) (as
(b) a hydrofluorocarbon or a
amended by
No. 27/2019
perfluorocarbon, whether in a gaseous s. 11).
or liquid state, that is specified in
regulations made under the National
Greenhouse and Energy Reporting
Act 2007 of the Commonwealth;
groundwater means any water contained in or S. 3(1) def. of
groundwater
occurring in a geological structure or inserted by
formation or an artificial landfill below the No. 39/2018
s. 6(9) (as
surface of land; amended by
No. 27/2019
s. 11).
Head, Recycling Victoria has the same meaning S. 3(1) def. of

Head,
as in the Circular Economy (Waste Recycling
Reduction and Recycling) Act 2021; Victoria
inserted by
No. 55/2021
s. 197(a).

17
No. 51 of 2017
S. 3(1) def. of human health includes psychological health;

human health
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
IBAC
IBAC means the Independent Broad-based Anti-
inserted by corruption Commission established under
No. 39/2018
s. 6(9) (as
section 12 of the Independent Broad-based
amended by Anti-corruption Commission Act 2011;
No. 27/2019
s. 11).
S. 3(1) def. of
IBAC
IBAC personnel has the same meaning as it has in
personnel the Victorian Inspectorate Act 2011;
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
improvement
improvement notice means a notice issued under
notice section 271(1);
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
industrial
industrial waste means—
waste
inserted by
(a) waste arising from commercial,
No. 39/2018 industrial or trade activities or from
s. 6(9) (as
amended by
laboratories; or
(b) waste prescribed to be industrial waste
No. 27/2019
s. 11).
for the purposes of this definition;

18
No. 51 of 2017
information gathering notice means a notice S. 3(1) def. of

served by the Authority under section 255; information
gathering
notice
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
issue of environmental concern means an issue S. 3(1) def. of

issue of
that is declared to be an issue of environmental
environmental concern under section 160; concern
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
land means any land, whether publicly or S. 3(1) def. of

land
privately owned, and includes— inserted by
No. 39/2018
(a) any buildings or other structures s. 6(9) (as
permanently affixed to the land; and amended by
No. 27/2019
(b) groundwater;
s. 11).
law enforcement agency includes— S. 3(1) def. of

law
(a) a law enforcement agency within the enforcement
agency
meaning of the Privacy and Data inserted by
Protection Act 2014; and No. 39/2018
s. 6(9) (as
(b) any council;
amended by
No. 27/2019
s. 11).
liable person has the meaning given by S. 3(1) def. of

liable person
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).

19
No. 51 of 2017
S. 3(1) def. of licence means—

licence
inserted by (a) a development licence; or
No. 39/2018
s. 6(9) (as (b) an operating licence; or
amended by
No. 27/2019 (c) a pilot project licence;
s. 11).
S. 3(1) def. of
licence
licence activity, in relation to a licence, means an
activity activity specified in the licence;
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
litter
litter has the meaning given by section 112;
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
litter authority
litter authority includes—
inserted by
No. 39/2018
(a) the Authority; or
(b) any other body created by or under an
s. 6(9) (as
amended by
No. 27/2019 Act; or
s. 11).
(c) a Government department; or
(d) a council; or
(e) the Secretary, being the body corporate
established by Part 2 of the
Conservation, Forests and Lands
Act 1987; or
(f) a body declared by Order of the
Governor in Council under section 113
to be a litter authority;

20
No. 51 of 2017
litter enforcement officer means— S. 3(1) def. of

litter
(a) a person appointed as a litter enforcement
enforcement officer by the Authority officer
inserted by
under section 114(1); or No. 39/2018
s. 6(9) (as
(b) a person appointed as a litter amended by
enforcement officer by a litter authority No. 27/2019
s. 11).
under section 114(2); or
(c) a person appointed as a litter
enforcement officer by the Secretary
(d) an authorised officer; or
(e) a police officer; or
(f) a protective services officer appointed
under the Victoria Police Act 2013
who is on duty at, or in the vicinity of, a
designated place within the meaning of
that Act; or
(g) a person appointed as an authorised
officer under Part 3 of the Victorian
Fisheries Authority Act 2016 for the
purposes of this Act;
* * * * * S. 3(1) def. of
Local
Government
Waste Forum
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11),
repealed by
No. 55/2021
s. 197(c).

21
No. 51 of 2017
S. 3(1) def. of * * * * *
Loddon
Mallee Waste
and Resource
Recovery
Group
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11),
repealed by
No. 55/2021
s. 197(c).
S. 3(1) def. of
Loddon
* * * * *
Mallee Waste
and Resource
Recovery
Region
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11),
repealed by
No. 55/2021
s. 197(c).
S. 3(1) def. of
management
management or control, in relation to industrial
or control waste or priority waste, means exercising
inserted by
No. 39/2018
management functions in relation to, or
s. 6(9) (as control over, the industrial waste or priority
amended by
No. 27/2019
waste and includes the following—
s. 11).
(a) producing or generating waste;
(b) collecting, consigning, transferring or
transporting waste;
(c) receiving, handling or storing waste;
(d) undertaking resource recovery or
processing of waste;
(e) undertaking waste disposal;

22
No. 51 of 2017
* * * * * S. 3(1) def. of
Metropolitan
Waste and
Resource
Recovery
Group
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11),
repealed by
No. 55/2021
s. 197(c).
* * * * * S. 3(1) def. of
Metropolitan
Waste and
Resource
Recovery
Region
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11),
repealed by
No. 55/2021
s. 197(c).
motor vehicle has the same meaning as in the S. 3(1) def. of

motor vehicle
Road Safety Act 1986; inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
municipal district has the same meaning as in the S. 3(1) def. of

municipal
Local Government Act 1989; district
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).

23
No. 51 of 2017
S. 3(1) def. of municipal waste means waste arising from

municipal municipal or residential activities, and
waste
inserted by includes waste collected by, or on behalf of,
No. 39/2018 a council, but does not include industrial
s. 6(9) (as
amended by waste;
No. 27/2019
s. 11).
S. 3(1) def. of
National
National Environment Protection Council means
Environment the National Environment Protection Council
Protection
Council
established by section 8 of the National
inserted by Environment Protection Council
No. 39/2018 (Victoria) Act 1995;
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
national
national environment protection measure means
environment a national environment protection measure
protection
measure
made under section 14(1) of the National
inserted by Environment Protection Council
No. 39/2018 (Victoria) Act 1995;
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
noise
noise includes sound and vibration;
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).

24
No. 51 of 2017
* * * * * S. 3(1) def. of
North East
Waste and
Resource
Recovery
Group
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11),
repealed by
No. 55/2021
s. 197(c).
* * * * * S. 3(1) def. of
North East
Waste and
Resource
Recovery
Region
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11),
repealed by
No. 55/2021
s. 197(c).
notice to investigate means a notice to investigate S. 3(1) def. of

notice to
issued under section 273; investigate
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
notifiable contamination has the meaning given S. 3(1) def. of

notifiable
by section 37; contamination
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).

25
No. 51 of 2017
S. 3(1) def. of notifiable incident has the meaning given by

notifiable section 30;
incident
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
officer
officer in relation to a body corporate means—
inserted by
No. 39/2018
(a) a person who is an officer (as defined
s. 6(9) (as by section 9 of the Corporations Act) of
amended by
No. 27/2019
the body corporate; or
s. 11).
(b) a person (other than a person referred

to in paragraph (a)), by whatever name
called, who is concerned in, or takes
part in, the management of the body
corporate;
S. 3(1) def. of
operating
operating licence means a licence issued under
licence section 74;
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
participant
participant, in a better environment plan, has the
inserted by meaning given by section 179;
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
permission
permission means—
inserted by
No. 39/2018
(a) a development licence; or
(b) an operating licence; or
s. 6(9) (as
amended by
No. 27/2019
s. 11). (c) a pilot project licence; or

26
No. 51 of 2017
(d) a permit; or
(e) a registration;
permission activity, in relation to a permission, S. 3(1) def. of
permission
means an activity specified in the activity
permission; inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
permit means a permit issued under section 81; S. 3(1) def. of

permit
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
pilot project licence means a licence issued under S. 3(1) def. of

pilot project
section 78; licence
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
place includes land, waters, a location, an area or S. 3(1) def. of

place
a region; inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
police officer has the same meaning as in the S. 3(1) def. of

police officer
Victoria Police Act 2013; inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).

27
No. 51 of 2017
S. 3(1) def. of pollution includes any emission, discharge,

pollution deposit, disturbance or escape of—
inserted by
No. 39/2018
s. 6(9) (as
(a) a solid, liquid or gas, or a combination
amended by of a solid, liquid or gas, including but
No. 27/2019
s. 11).
not limited to smoke, dust, fumes or
odour; or
(b) noise; or
(c) heat; or
(d) a thing prescribed for the purposes of
this definition—
but does not include a thing prescribed not
to be pollution for the purposes of this
definition;
S. 3(1) def. of
pollution
pollution incident has the meaning given by
incident section 29;
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
position
position statement means a position statement
statement published under section 105(1);
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
preliminary
preliminary risk screen assessment means a
risk screen preliminary risk screen assessment
assessment
inserted by
conducted under section 204;
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).

28
No. 51 of 2017
preliminary risk screen assessment report means S. 3(1) def. of

a report prepared under section 207; preliminary
risk screen
assessment
report
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
preliminary risk screen assessment statement S. 3(1) def. of

preliminary
means a preliminary risk screen assessment risk screen
statement issued under section 205; assessment
statement
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
premises includes a structure, building or vehicle; S. 3(1) def. of

premises
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
prescribed role means a role prescribed under S. 3(1) def. of

prescribed
section 245(2); role
inserted by
No. 36/2022
s. 26(1)(a).
priority waste has the meaning given in S. 3(1) def. of

priority waste
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).

29
No. 51 of 2017
S. 3(1) def. of prohibited person has the meaning set out in

prohibited section 88(1);
person
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
prohibition
prohibition notice means a notice issued under
notice section 272(1);
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
public entity
public entity has the same meaning as in the
inserted by Public Administration Act 2004;
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
Public
Public Register means the Public Register
Register established and maintained under
inserted by
No. 39/2018
section 455;
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
public sector
public sector body has the same meaning as in
body the Public Administration Act 2004;
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).

30
No. 51 of 2017
Regional Waste and Resource Recovery S. 3(1) def. of

Implementation Plan means a Regional Regional
Waste and
Waste and Resource Recovery Resource
Implementation Plan approved by the Recovery
Implementatio
Minister under section 420(1); n Plan
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
registered owner means— S. 3(1) def. of

registered
(a) in relation to a motor vehicle—the owner
inserted by
person who is registered as the No. 39/2018
registered operator of the motor s. 6(9) (as
amended by
vehicle under the Road Safety No. 27/2019
Act 1986 or a corresponding law of s. 11).
the Commonwealth, a State or a

Territory; and
(b) in relation to a vessel—the person in
whose name the vessel is registered
under the Marine Safety Act 2010
or a corresponding law of the
Commonwealth, a State or a Territory;
and
(c) in relation to any other vehicle—the
person who owns the vehicle (whether
the vehicle is registered in any way or
not);
registration means a registration granted under S. 3(1) def. of
registration
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).

31
No. 51 of 2017
S. 3(1) def. of related entity has the same meaning as in the

related entity Corporations Act;
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
reportable
reportable priority waste means priority waste
priority waste prescribed as reportable priority waste for
inserted by
No. 39/2018
the purposes of section 142 or 143, or both;
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
residential
residential noise enforcement officer means a
noise person appointed as a residential noise
enforcement
officer
enforcement officer under section 171;
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
residential
residential noise improvement notice means a
noise notice issued under section 172(1);
improvement
notice
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
resource
resource recovery in relation to waste, means—
recovery
inserted by
(a) preparation for reuse of the waste;
(b) recycling the waste;
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019 (c) reprocessing the waste;
s. 11).

32
No. 51 of 2017
(d) recovering energy or other resources

from the waste;
(e) anything prescribed to be resource
recovery in relation to waste—
but does not include anything prescribed not
to be resource recovery in relation to waste;
Restorative Project Account means the account S. 3(1) def. of
Restorative
established and maintained under Project
section 447; Account
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
reuse, in relation to waste, means the use of the S. 3(1) def. of

reuse
waste for a purpose that is the same or inserted by
similar to the purpose for which it was used No. 39/2018
s. 6(9) (as
before it became waste; amended by
No. 27/2019
s. 11).
site means specified land or a specified parcel of S. 3(1) def. of

site
land; inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
site management order means an order issued S. 3(1) def. of

site
under section 275; management
order
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).

33
No. 51 of 2017
S. 3(1) def. of State-Wide Waste and Resource Recovery

State-Wide Infrastructure Plan means a State-Wide
Waste and
Resource Waste and Resource Recovery Infrastructure
Recovery Plan approved by the Minister under
Infrastructure
Plan section 410;
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
Sustainability
Sustainability Victoria means Sustainability
Victoria Victoria established by section 5 of the
inserted by Sustainability Victoria Act 2005;
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
unreasonable
unreasonable noise means—
noise
inserted by
(a) noise that is unreasonable having
No. 39/2018 regard to the following—
s. 6(9) (as
amended by (i) its volume, intensity or duration;
No. 27/2019
s. 11),
substituted by
(ii) its character;
No. 36/2022
s. 26(1)(c).
(iii) the time, place and other
circumstances in which it is
emitted;
(iv) how often it is emitted;
(v) any prescribed factors; and
(b) noise that is prescribed to be
unreasonable noise; and
(c) does not include noise prescribed not to
be unreasonable noise

34
No. 51 of 2017
vehicle includes— S. 3(1) def. of

vehicle
(a) a vessel or aircraft; and inserted by
No. 39/2018
(b) a trailer attached to a vehicle; s. 6(9) (as
amended by
No. 27/2019
s. 11).
vessel has the same meaning as it has in the S. 3(1) def. of

vessel
Marine Safety Act 2010; inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
Victorian Waste and Resource Recovery S. 3(1) def. of

Victorian
Infrastructure Planning Framework has the Waste and
meaning given by section 405; Resource
Recovery
Infrastructure
Planning
Framework
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
waste includes any of the following— S. 3(1) def. of

waste
(a) matter, including solid, liquid, gaseous inserted by
No. 39/2018
or radioactive matter, that is deposited, s. 6(9) (as
discharged, emitted or disposed of into amended by
No. 27/2019
the environment in a manner that alters s. 11).
the environment;
(b) a greenhouse gas substance emitted or
discharged into the environment;
(c) matter that is discarded, rejected,
abandoned, unwanted or surplus,
irrespective of any potential use or
value;
(d) matter prescribed to be waste;

35
No. 51 of 2017
(e) matter or a greenhouse gas substance

referred to in paragraph (a), (b), (c)
or (d) that is intended for, or is
undergoing, resource recovery;
S. 3(1) def. of
waste
waste abatement notice means a notice issued
abatement under section 121(1);
notice
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
S. 3(1) def. of
Waste and
* * * * *
Resource
Recovery
Group
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11),
repealed by
No. 55/2021
s. 197(c).
S. 3(1) def. of
waste and
* * * * *
resource
recovery
region
inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11),
repealed by
No. 55/2021
s. 197(c).

36
No. 51 of 2017
waste disposal means any activity carried out in S. 3(1) def. of

connection with the disposal of waste, but waste
disposal
does not include resource recovery; inserted by
No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
waste management facility includes a landfill, S. 3(1) def. of

waste
a transfer station, a composting facility, a management
facility to store or contain solid waste and a facility
inserted by
resource recovery facility; No. 39/2018
s. 6(9) (as
amended by
No. 27/2019
s. 11).
waters includes the following— S. 3(1) def. of

waters
(a) a reservoir, tank or billabong; inserted by
No. 39/2018
(b) an anabranch, canal, spring, swamp;
s. 6(9) (as
amended by
No. 27/2019
(c) a natural or artificial channel, lake, s. 11).
lagoon, waterway or dam;
(d) tidal water, coastal water or
groundwater.
(2) A reference in this Act to a person engaging in an S. 3(2)

substituted by
activity includes a reference to a person who is No. 39/2018
conducting, undertaking, managing or in control s. 6(10).
of that activity.
(3) A reference in this Act to waters includes a S. 3(3)
inserted by
reference to— No. 39/2018
s. 6(10).
(a) the bed and subsoil lying beneath those
waters; and
(b) the airspace superjacent to those waters; and

37
No. 51 of 2017
(c) an open, piped or underground drain—

but does not include a reference to a drain that
conveys waste to, or which forms part of, any
works for the treatment of waste.
S. 3(4)
inserted by
(4) For the purposes of this Act, a person conducts a
No. 39/2018 business or undertaking—
s. 6(10).
(a) whether or not the business or undertaking is
conducted for profit or gain; and
(b) whether or not the business or undertaking is
conducted by a government or public
authority (however described)—
but a natural person does not conduct a business
or undertaking merely because the person is
engaged in an activity—
(c) that is primarily domestic or private and not
conducted for profit or financial gain; or
(d) subject to Part 11.8, solely in the person's
capacity as an employee or officer of another
person or on a voluntary basis.
S. 3(5)
inserted by
(5) To avoid doubt, a reference in this Act to under
No. 39/2018 this Act includes a reference to under the
s. 6(10). regulations under this Act, and this subsection has
a corresponding effect in relation to references to
other Acts.
New s. 4 4 What is harm?
inserted by
No. 39/2018
s. 7 (as
(1) In this Act, harm, in relation to human health or
amended by the environment, means an adverse effect on
Nos 27/2019
ss 12−30,
human health or the environment (of whatever
3/2020 ss 42– degree or duration) and includes—
44, 47/2020
s. 26). (a) an adverse effect on the amenity of a place or
premises that unreasonably interferes with or
is likely to unreasonably interfere with
enjoyment of the place or premises; or

38
No. 51 of 2017
(b) a change to the condition of the environment

so as to make it offensive to the senses of
human beings; or
(c) anything prescribed to be harm for the
purposes of this Act or the regulations.
(2) For the purposes of subsection (1), harm may arise
as a result of the cumulative effect of harm arising
from an activity combined with harm arising from
other activities or factors.
5 What is material harm? New s. 5
inserted by
(1) In this Act, material harm, in relation to human No. 39/2018
s. 7 (as
health or the environment means harm that is amended by
caused by pollution or waste that— Nos 27/2019
ss 12−30,
(a) involves an actual adverse effect on human
3/2020 ss 42–
44, 47/2020
health or the environment that is not s. 26).
negligible; or
(b) involves an actual adverse effect on an area
of high conservation value or of special
significance; or
(c) results in, or is likely to result in, costs in
excess of the threshold amount being
incurred in order to take appropriate action to
prevent or minimise the harm or to
rehabilitate or restore the environment to the
state it was in before the harm.
(2) For the purposes of subsection (1), harm may
become material harm regardless of the period of
time in which the harm occurs and as a result of—
(a) a single occurrence of harm arising from an
activity; or
(b) multiple occurrences of harm arising from
the same activity; or

39
No. 51 of 2017
(c) the cumulative effect of harm arising from an

activity combined with harm arising from
other activities or factors.
(3) In this section, threshold amount means
$10 000 or a higher amount prescribed by the
regulations.
New s. 6 6 The concept of minimising risks of harm to human
inserted by
No. 39/2018 health and the environment
s. 7 (as
amended by (1) A duty imposed on a person under this Act to
Nos 27/2019
ss 12−30,
minimise, so far as reasonably practicable, risks of
3/2020 ss 42– harm to human health and the environment
44, 47/2020
s. 26).
requires the person—
(a) to eliminate risks of harm to human health
and the environment so far as reasonably
practicable; and
(b) if it is not reasonably practicable to eliminate
risks of harm to human health and the
environment, to reduce those risks so far as
reasonably practicable.
(2) To determine what is (or was at a particular time)
reasonably practicable in relation to the
minimisation of risks of harm to human health and
the environment, regard must be had to the
following matters—
(a) the likelihood of those risks eventuating;
(b) the degree of harm that would result if those
risks eventuated;
(c) what the person concerned knows, or ought
reasonably to know, about the harm or risks
of harm and any ways of eliminating or
reducing those risks;
(d) the availability and suitability of ways to
eliminate or reduce those risks;

40
No. 51 of 2017
(e) the cost of eliminating or reducing those

risks.
7 Application of Act New s. 7
inserted by
(1) This Act binds the Crown in right of Victoria and, No. 39/2018
s. 7 (as
so far as the legislative power of the Parliament amended by
permits, the Crown in all its other capacities. Nos 27/2019
ss 12−30,
(2) This Act does not apply to a radiation source
3/2020 ss 42–
44, 47/2020
within the meaning of the Radiation Act 2005 s. 26).
unless a serious risk to human health or the
environment from pollution or waste has arisen or
is likely to arise.
8 Extraterritorial application of Act New s. 8
inserted by
(1) This Act extends to, and applies to and in relation No. 39/2018
s. 7 (as
to, the territorial seas adjacent to the coasts of amended by
Victoria. Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
(2) This Act extends to, and applies to, the discharge S. 8(2)
amended by
or deposit of pollution or waste into, or on to, the No. 36/2022
waters of the River Murray from any place or s. 27.
premises that is in Victoria and extends to, and

applies in relation to, any permission issued or
granted or any proceedings brought in relation to
the discharge or deposit.
(3) A reference in this Act to waters includes a
reference to the waters of the River Murray in
respect of pollution or waste that has been
deposited into, or on to, the waters of the River
Murray from the Victorian bank of the River
Murray.

41
No. 51 of 2017
New s. 9 9 Simplified outlines

inserted by
No. 39/2018 A simplified outline of any portion of this Act set
s. 7 (as
amended by
out in a section of this Act is intended only as a
Nos 27/2019 guide to readers as to the general scheme and
ss 12−30,
3/2020 ss 42–
effect of that portion of this Act.
44, 47/2020
s. 26).

42
No. 51 of 2017
Part 2.1—Simplified outline
Chapter 2—Principles of environment Ch. 2

(Headings
protection and new
ss 10–23)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
Pt 2.1
Part 2.1—Simplified outline (Heading and
new s. 10)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
10 Simplified outline—Chapter 2 New s. 10

inserted by
(1) This section sets out a simplified outline of this No. 39/2018
s. 7 (as
Chapter. amended by
Nos 27/2019
(2) Part 2.2 provides for the application of this ss 12−30,
Chapter.
3/2020 ss 42–
44, 47/2020
s. 26).
(3) Part 2.3 sets out the principles of environment
protection.

43
No. 51 of 2017
Part 2.2—Application of this Chapter
Pt 2.2
(Heading and
Part 2.2—Application of this Chapter
new ss 11, 12)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
New s. 11 11 Specified principles of environment protection

inserted by
No. 39/2018
s. 7 (as
(1) This Chapter specifies the principles of
amended by environment protection.
Nos 27/2019
ss 12−30, (2) It is the intention of Parliament that in the
administration of this Act and the regulations
3/2020 ss 42–
44, 47/2020
s. 26). regard should be given to the principles specified
in this Chapter.
Note
In making certain decisions under this Act the Authority or the
Minister must take into account the principles of environment
protection.
New s. 12 12 Effect of this Chapter
inserted by
No. 39/2018
s. 7 (as
The Parliament does not intend by this Chapter to
amended by create in any person a legal right or give rise to
Nos 27/2019
ss 12−30,
any civil cause of action.
3/2020 ss 42–
44, 47/2020
s. 26).

44
No. 51 of 2017
Part 2.3—Principles of environment protection
Part 2.3—Principles of environment Pt 2.3

(Heading and
protection new ss 13–23)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
13 Principle of integration of environmental, social and New s. 13

inserted by
economic considerations No. 39/2018
s. 7 (as
Environmental, social and economic amended by
considerations should be effectively integrated. Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
14 Principle of proportionality New s. 14

inserted by
A decision, action or thing directed towards No. 39/2018
s. 7 (as
minimising harm or a risk of harm to human amended by
health or the environment should be proportionate Nos 27/2019
ss 12−30,
to the harm or risk of harm that is being 3/2020 ss 42–
addressed. 44, 47/2020
s. 26).
15 Principle of primacy of prevention New s. 15
inserted by
Prevention of harm to human health and the No. 39/2018
s. 7 (as
environment is preferred to remedial or mitigation amended by
measures. Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
16 Principle of shared responsibility New s. 16

inserted by
Protection of human health and the environment is No. 39/2018
s. 7 (as
a responsibility shared by all levels of amended by
Government and industry, business, communities Nos 27/2019
ss 12−30,
and the people of Victoria. 3/2020 ss 42–
44, 47/2020
s. 26).

45
No. 51 of 2017
New s. 17 17 Principle of polluter pays

inserted by
No. 39/2018 Persons who generate pollution and waste should
s. 7 (as
amended by
bear the cost of containment, avoidance and
Nos 27/2019 abatement.
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
New s. 18 18 Principle of waste management hierarchy

inserted by
No. 39/2018
s. 7 (as
Waste should be managed in accordance with the
amended by following order of preference, so far as reasonably
Nos 27/2019
ss 12−30,
practicable—
(a) avoidance;
3/2020 ss 42–
44, 47/2020
s. 26).
(b) reuse;
(c) recycling;
(d) recovery of energy;
(e) containment;
(f) waste disposal.
New s. 19 19 Principle of evidence-based decision making
inserted by
No. 39/2018
s. 7 (as
Actions or decisions under this Act should be
amended by based on the best available evidence in the
Nos 27/2019
ss 12−30,
circumstances that is relevant and reliable.
3/2020 ss 42–
44, 47/2020
s. 26).
New s. 20 20 Precautionary principle

inserted by
No. 39/2018
s. 7 (as
If there exist threats of serious or irreversible
amended by harm to human health or the environment, lack of
Nos 27/2019
ss 12−30,
full scientific certainty should not be used as a
3/2020 ss 42– reason for postponing measures to prevent or
44, 47/2020
s. 26).
minimise those threats.

46
No. 51 of 2017
21 Principle of equity New s. 21

inserted by
(1) All people are entitled to live in a safe and healthy No. 39/2018
environment irrespective of their personal s. 7 (as
amended by
attributes or location. Nos 27/2019
ss 12−30,
(2) People should not be disproportionately affected 3/2020 ss 42–
by harm or risks of harm to human health and the 44, 47/2020
s. 26).
environment.
(3) The present generation should ensure the state of
the environment is maintained or enhanced for the
benefit of future generations.
22 Principle of accountability New s. 22
inserted by
Members of the public should— No. 39/2018
s. 7 (as
(a) have access to reliable and relevant
amended by
Nos 27/2019
information in appropriate forms to facilitate ss 12−30,
a good understanding of issues of harm or
3/2020 ss 42–
44, 47/2020
risks of harm to human health and the s. 26).
environment and of how decisions are made
under this Act; and
(b) be engaged and given opportunities to
participate in decisions made under this Act,
where appropriate to do so; and
(c) have their interests taken into account in
decisions made under this Act.
23 Principle of conservation New s. 23
inserted by
Biological diversity and ecological integrity No. 39/2018
s. 7 (as
should be protected for purposes that include the amended by
protection of human health. Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).

47
No. 51 of 2017
Ch. 3
(Headings
Chapter 3—Duties relating to environment
and ss 24–42)
inserted by
protection
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
Pt 3.1
(Heading and
new s. 24)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
New s. 24 24 Simplified outline—Chapter 3

inserted by
No. 39/2018
s. 7 (as
(1) This section sets out a simplified outline of this
amended by Chapter.
Nos 27/2019
ss 12−30, (2) Part 3.2 provides for the general environmental
duty in relation to risks of harm to human health
3/2020 ss 42–
44, 47/2020
s. 26). and the environment from pollution and waste and
an offence for aggravated breach of the general
environmental duty.
(3) Part 3.3 provides for a transitional duty in relation
to material harm.
(4) Part 3.4 provides for duties relating to pollution
incidents.
(5) Part 3.5 provides for duties in relation to the
management and notification of contaminated
land.

48
No. 51 of 2017
Part 3.2—General environmental duty
Part 3.2—General environmental duty Pt 3.2

(Heading and
ss 25–27)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
25 General environmental duty New s. 25

inserted by
(1) A person who is engaging in an activity that may No. 39/2018
s. 7 (as
give rise to risks of harm to human health or the amended by
environment from pollution or waste must Nos 27/2019
ss 12−30,
minimise those risks, so far as reasonably 3/2020 ss 42–
practicable. 44, 47/2020
s. 26).
Notes
See section 6 in relation to the concept of minimising risks
of harm to human health and the environment.
Section 314 provides that subsection (1) is a civil penalty
provision. The penalty for contravention of this civil penalty
provision is set out in the table in section 314. See also
section 314(3).
(2) A person commits an offence if the person
contravenes subsection (1) in the course of
conducting a business or an undertaking.
Penalty: In the case of a natural person,
2000 penalty units;
In the case of a body corporate,
10 000 penalty units.
(3) An offence under subsection (2) is an indictable
offence.
Note
This offence may be heard and determined summarily (see
section 28 of the Criminal Procedure Act 2009).

49
No. 51 of 2017
(4) Without limiting subsection (1), a person who is

conducting a business or an undertaking
contravenes that subsection if the person fails to
do any of the following in the course of
conducting the business or the undertaking, so far
as reasonably practicable—
(a) use and maintain plant, equipment, processes
and systems in a manner that minimises risks
of harm to human health and the
environment from pollution and waste;
(b) use and maintain systems for identification,
assessment and control of risks of harm to
human health and the environment from
pollution and waste that may arise in
connection with the activity, and for the
evaluation of the effectiveness of controls;
(c) use and maintain adequate systems to ensure
that if a risk of harm to human health or the
environment from pollution or waste were to
eventuate, its harmful effects would be
minimised;
(d) ensure that all substances are handled,
stored, used or transported in a manner that
minimises risks of harm to human health and
the environment from pollution and waste;
(e) provide information, instruction, supervision
and training to any person engaging in the
activity to enable those persons to comply
with the duty under subsection (1).
(5) Without limiting subsection (1), a person who is
conducting a business or an undertaking and
engaging in an activity that involves the design,
manufacture, installation or supply of a substance,
plant, equipment or structure, contravenes that
subsection if the person fails to do any of the
following in the course of conducting the business

50
No. 51 of 2017
or the undertaking and engaging in the activity, so

far as reasonably practicable—
(a) minimise risks of harm to human health and
the environment from pollution and waste
arising from the design, manufacture,
installation or supply of the substance, plant,
equipment or structure when the substance,
plant, equipment or structure is used for a
purpose for which it was designed,
manufactured, installed or supplied;
(b) provide information regarding the purpose of
the substance, plant, equipment or structure
and any conditions necessary to ensure it can
be used in a manner that complies with the
duty under subsection (1).
26 Multiple contraventions of general environmental New s. 26
inserted by
duty No. 39/2018
s. 7 (as
(1) This section applies to— amended by
Nos 27/2019
(a) a contravention of the general environmental ss 12−30,
duty; or
3/2020 ss 42–
44, 47/2020
s. 26).
(b) a contravention of the general environmental
duty for which an officer of a body corporate
(including a body corporate representing the
Crown) is liable.
(2) Subject to any contrary court order, 2 or more
contraventions may be charged as a single offence
if the contraventions arise out of the same factual
circumstances.
(3) If 2 or more contraventions are charged as a single
offence, a single penalty only may be imposed in
respect of the contraventions.

51
No. 51 of 2017
S. 27 27 Aggravated breach of the general environmental

inserted by duty
No. 39/2018
s. 7 (as
amended by
(1) A person commits an offence if—
Nos 27/2019
ss 12−30,
(a) the person intentionally or recklessly
3/2020 ss 42– contravenes the general environmental duty;
44, 47/2020
s. 26).
and
(b) the contravention results in material harm or
is likely to result in material harm to human
health or the environment from pollution or
waste; and
(c) the person knew or reasonably should have
known that the contravention would result in
material harm or would be likely to result in
material harm to human health or the
environment from pollution or waste.
4000 penalty units or 5 years
imprisonment or both;
offence.
Note
This offence may be heard and determined summarily
(see section 28 of the Criminal Procedure Act 2009).

52
No. 51 of 2017
Part 3.3—Transitional duty relating to material harm
Part 3.3—Transitional duty relating to Pt 3.3

(Heading and
material harm s. 28)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
28 Transitional duty relating to material harm S. 28

inserted by
(1) A person must not engage in conduct that results No. 39/2018
s. 7 (as
in material harm to human health or the amended by
environment from pollution or waste. Nos 27/2019
ss 12−30,
3/2020 ss 42–
Notes 44, 47/2020
Section 314 provides that subsection (1) is a civil penalty s. 26).
provision is set out in the table in section 314.
See section 5 for the definition of material harm.
(2) A person who contravenes subsection (1) commits
an offence.
2000 penalty units;
(3) If a person contravenes subsection (1), it is a
defence if the person proves that, in engaging in
the conduct, the person did not contravene the
general environmental duty.
offence.
Note

53
No. 51 of 2017
Part 3.3—Transitional duty relating to material harm
(5) Proceedings must not be commenced against a

person in relation to a contravention of subsection
(1) if the person has been convicted of an offence
against the general environmental duty constituted
by conduct that is the same or substantially the
same as the conduct that constitutes the
contravention of subsection (1).
(6) Proceedings must not be commenced against a
person in relation to a contravention of the general
environmental duty if the person has been
convicted of an offence under subsection (2)
constituted by conduct that is the same or
substantially the same as the conduct that
constitutes the contravention of the general
environmental duty.
(7) This Part is repealed on whichever is the earlier
of—
(a) the fourth anniversary of the day on which it
comes into operation; or
(b) a day to be proclaimed.

54
No. 51 of 2017
Part 3.4—Duties relating to pollution incidents
Part 3.4—Duties relating to pollution Pt 3.4

(Heading and
incidents ss 29–34)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
29 Meaning of pollution incident S. 29

inserted by
A pollution incident means an incident or a set of No. 39/2018
s. 7 (as
circumstances— amended by
Nos 27/2019
(a) that causes a leak, spill or other unintended ss 12−30,
or unauthorised deposit or escape of a
3/2020 ss 42–
44, 47/2020
substance; and s. 26).
(b) as a result of which, pollution has occurred

or is occurring—
but does not include an incident or a set of
circumstances that solely involves the emission of
noise.
30 Meaning of notifiable incident S. 30
inserted by
A notifiable incident means— No. 39/2018
s. 7 (as
(a) a pollution incident that causes or threatens
amended by
Nos 27/2019
to cause material harm to human health or ss 12−30,
the environment; or
3/2020 ss 42–
44, 47/2020
s. 26).
(b) a prescribed notifiable incident—
but does not include a prescribed excluded
notifiable incident.
31 Duty to take action to respond to harm caused by S. 31
inserted by
pollution incident No. 39/2018
s. 7 (as
If a pollution incident has occurred as a result of amended by
an activity (whether by act or omission) and the Nos 27/2019
ss 12−30,
pollution incident causes or is likely to cause harm 3/2020 ss 42–
to human health or the environment, a person who 44, 47/2020
s. 26).

55
No. 51 of 2017
is engaging in that activity must, so far as

reasonably practicable, restore the affected area to
the state it was in before the pollution incident
occurred.
S. 32 32 Duty to notify Authority of notifiable incidents
inserted by
No. 39/2018
s. 7 (as
(1) This section applies to a person who is engaging
amended by or has engaged in an activity that results in a
Nos 27/2019
ss 12−30,
notifiable incident.
(2) The person must notify the Authority, as soon as
3/2020 ss 42–
44, 47/2020
s. 26). practicable, after the person becomes aware or
reasonably should have been aware of the
occurrence of the notifiable incident.
Note
provision is set out in the table in section 314. See also
section 314(3).
(3) A person must notify the Authority under
subsection (2) regardless of whether the notifiable
incident is contained to—
(a) a single place or premises; or
(b) a place or premises that is occupied by or
under the management or control of the
person.
contravenes subsection (2) in the course of
conducting a business or an undertaking.
240 penalty units;
1200 penalty units.
(5) A person is not required to notify the Authority
under this section if the person is aware that a
notification of a notifiable incident has already

56
No. 51 of 2017
been made to the Authority in accordance with

this section.
Note
See section 72 of the Criminal Procedure Act 2009 which
deals with the evidential burden of proof.
33 Manner and form of notification of notifiable S. 33
inserted by
incidents No. 39/2018
s. 7 (as
(1) A notification under section 32 must be made in amended by
the manner and form approved by the Authority. Nos 27/2019
ss 12−30,
(2) The following information must be provided to
3/2020 ss 42–
44, 47/2020
the Authority with a notification— s. 26).
(a) the time, date and location of the notifiable

incident;
(b) the nature of the notifiable incident;
(c) the circumstances in which the notifiable
incident occurred (including the cause of the
notifiable incident, if known);
(d) any action taken or proposed to be taken to
deal with the notifiable incident;
(e) any other prescribed information.
(3) If any of the information required to be provided
under subsection (2) is not known to a person at
the time the person notifies the Authority, that
information must be provided to the Authority in
accordance with this section as soon as practicable
after the person becomes aware of the
information.
34 Privilege against self-incrimination does not apply S. 34
inserted by
(1) A person is not excused from notifying the No. 39/2018
s. 7 (as
Authority under section 32 on the grounds that the amended by
information provided by the person as part of a Nos 27/2019
ss 12−30,
notification might tend to incriminate the person 3/2020 ss 42–
or make the person liable to a penalty. 44, 47/2020
s. 26).

57
No. 51 of 2017
(2) A notification or any information given by a

person as part of a notification under section 32 is
not admissible in evidence against the person in a
proceeding for an offence or for the imposition of
a penalty, other than a proceeding that relates to
false or misleading information that is provided by
the person in relation to a notification.

58
No. 51 of 2017
Part 3.5—Duties relating to contaminated land
Part 3.5—Duties relating to contaminated Pt 3.5

(Headings
land and ss 35–42)
inserted by
No. 39/2018
Division 1—Core concepts and application of Part s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
35 What is contaminated land? S. 35

inserted by
(1) Subject to subsection (2), land is contaminated if No. 39/2018
s. 7 (as
waste, a chemical substance or a prescribed amended by
substance is present on or under the surface of the Nos 27/2019
ss 12−30,
land, and the waste, chemical substance or 3/2020 ss 42–
prescribed substance— 44, 47/2020
s. 26).
(a) is present in a concentration above the
background level; and
(b) creates a risk of harm to human health or the
environment.
(2) Land is not contaminated—
(a) merely because waste, a chemical substance
or a prescribed substance is present in a
concentration above the background level in
water that is on or above the surface of the
land; or
(b) if any prescribed circumstances apply to the
land.
36 Background level of waste or substances S. 36
inserted by
For the purposes of this Part, the background level No. 39/2018
s. 7 (as
of waste, a chemical substance or a prescribed amended by
substance in relation to land is— Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).

59
No. 51 of 2017
S. 36(a) (a) the background level in relation to the waste,

substituted by chemical substance or prescribed substance
No. 36/2022
s. 28. specified in or determined in accordance
with—
(i) an environment reference standard; or
(ii) the regulations; or
(iii) a determination made by the Authority
in accordance with the regulations; or
S. 36(b)
substituted by
(b) if paragraph (a) does not apply, the naturally
No. 36/2022 occurring concentration of the waste,
s. 28. chemical substance or prescribed substance
on or under the surface of the land in the
vicinity of the land.
S. 37 37 What is notifiable contamination?
inserted by
No. 39/2018
s. 7 (as
Notifiable contamination, in relation to
amended by contaminated land, means contamination that is—
Nos 27/2019
ss 12−30, (a) prescribed notifiable contamination; or
3/2020 ss 42–
44, 47/2020
s. 26).
(b) if the regulations do not prescribe notifiable
contamination by a particular waste,
chemical substance or prescribed substance,
contamination for which the reasonable cost
of action to remediate the land is likely to
exceed—
(i) $50 000; or
(ii) any other prescribed amount.
S. 38 38 Act applies whenever land contaminated
inserted by
No. 39/2018
s. 7 (as
This Act applies to land that is contaminated
amended by before, on or after the commencement of this Act.
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).

60
No. 51 of 2017
Division 2—Duties relating to contaminated land

39 Duty to manage contaminated land S. 39
inserted by
(1) A person in management or control of No. 39/2018
contaminated land must minimise risks of harm to s. 7 (as
amended by
human health and the environment from the Nos 27/2019
contaminated land so far as reasonably ss 12−30,
3/2020 ss 42–
practicable. 44, 47/2020
s. 26).
(2) For the purposes of subsection (1), minimising
risks of harm to human health and the
environment from contaminated land includes (but
is not limited to) carrying out any of the
following—
(a) identification of any contamination that the
person knows or ought reasonably to know
of;
(b) investigation and assessment of the
contamination;
(c) provision and maintenance of reasonably
practicable measures to minimise risks of
harm to human health and the environment
from the contamination, including
undertaking clean up activities where
reasonably practicable;
(d) provision of adequate information to any
person that the person in management or
control of the contaminated land reasonably
believes may be affected by the
contamination, including—
(i) sufficient information to identify the
contamination; and
(ii) the results of investigation and
assessment referred to in paragraph (b);
and

61
No. 51 of 2017
(iii) the risks of harm to human health and

the environment from the
contamination;
(e) provision of adequate information to enable
any person who is reasonably expected to
become a person in management or control
of the contaminated land to comply with the
duty to manage contaminated land.
Note
See section 6 in relation to the concept of minimising risks
of harm to human health and the environment.
(3) 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 duty under section
39(1) or 40(1), including any reasonable costs
incurred by the person in taking action under this
section, against any person responsible for causing
or contributing to contamination of the land.
S. 40 40 Duty to notify of contaminated land
inserted by
No. 39/2018
s. 7 (as
(1) A person in management or control of land must
amended by notify the Authority if the land has been
Nos 27/2019
ss 12−30,
contaminated by notifiable contamination as soon
3/2020 ss 42– as practicable after the person becomes aware of,
44, 47/2020
s. 26).
or reasonably should have become aware of, the
notifiable contamination.
Note

62
No. 51 of 2017

contravenes subsection (1).
120 penalty units;
600 penalty units.
(3) For the purposes of subsection (1), whether a
person in management or control of land becomes
aware of, or reasonably should have become
aware of, notifiable contamination is determined
having regard to—
(a) the person's skills, knowledge and
experience; and
(b) whether the person could practicably seek
advice regarding the contamination; and
(c) any other circumstances of the
contamination.
(4) Subsection (1) does not apply if—
(a) the person who is required to notify the
Authority under subsection (1) is aware that
a notification has already been made to the
Authority in accordance with this section; or
(b) the notifiable contamination is a prescribed
exempt notifiable contamination.
41 Manner and form of notification S. 41
inserted by
(1) If a person in management or control of land has a No. 39/2018
s. 7 (as
duty to notify of notifiable contamination in amended by
relation to the land, the person must give notice in Nos 27/2019
ss 12−30,
a form approved by the Authority. 3/2020 ss 42–
44, 47/2020
(2) The person must provide the following s. 26).
information to the Authority to the extent that the
information is known to the person at the time of
giving the notice—

63
No. 51 of 2017
(a) the location of the land;

(b) the activity resulting, or suspected as
resulting, in the contamination;
(c) the nature and extent of the contamination;
(d) the nature of the risk of harm to human
health and the environment from the
contamination;
(e) any other prescribed information.
(3) The information required to be provided under
subsection (2) is information that is known to a
person at the time the person notifies the
Authority.
(4) If any of the information required to be provided
under subsection (2) is not known to a person at
the time the person notifies the Authority, that
information must be provided to the Authority in
accordance with this section as soon as practicable
after the person becomes aware of the
information.
S. 42 42 Privilege against self-incrimination abrogated
inserted by
No. 39/2018
s. 7 (as
(1) A person in management or control of land is not
amended by excused from the duty to notify of notifiable
Nos 27/2019
ss 12−30,
contamination in relation to the land on the
3/2020 ss 42– grounds that the information provided by the
44, 47/2020
s. 26).
person as part of a notification might tend to
incriminate the person or make the person liable
to a penalty.
(2) Any information given by a person as part of a
notification under this Division is not admissible
in evidence against the person in a proceeding for
an offence or for the imposition of a penalty, other
than a proceeding that relates to false or
misleading information that is provided by the
person in relation to a notification under this
Division.

64
No. 51 of 2017
Chapter 4—Permissions Ch. 4

(Headings
and ss 43–91)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
Pt 4.1
s. 43)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
43 Simplified outline—Chapter 4 S. 43
inserted by
s. 7 (as
Chapter. amended by
Nos 27/2019
(2) This Chapter provides for the issue or grant of the ss 12−30,
following permissions—
3/2020 ss 42–
44, 47/2020
s. 26).
(a) development licences;
(b) operating licences;
(c) pilot project licences;
(d) permits;
(e) registrations.
(3) Part 4.2 prohibits persons from engaging in
specified or prescribed activities without a
permission.

65
No. 51 of 2017
(4) Part 4.3 sets out—

(a) the application, transfer and amendment
processes for permissions; and
(b) other provisions that apply to permissions
generally.
(5) Part 4.4 sets out provisions that apply to
development licences, operating licences and pilot
project licences and applications relating to those
licences.
(6) Part 4.5 sets out provisions that apply to permits
and applications relating to permits.
(7) Part 4.6 sets out provisions that apply to
registrations and applications relating to
registrations.
(8) Part 4.7 provides that a prohibited person must not
engage in a prescribed activity.
(9) Part 4.8 provides for an environment protection
levy that is to be charged, levied and collected by
the Authority.

66
No. 51 of 2017
Part 4.2—Permissions required for certain activities
Part 4.2—Permissions required for certain Pt 4.2

(Heading and
activities ss 44–48)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
44 Development licences required for development S. 44

inserted by
activities No. 39/2018
s. 7 (as
(1) A person must not engage in one or more of the amended by
following activities except as authorised by a Nos 27/2019
ss 12−30,
development licence in respect of the activity— 3/2020 ss 42–
44, 47/2020
(a) the construction or installation of plant or s. 26).
equipment for a prescribed development
activity;
(b) the development of processes or systems for
a prescribed development activity;
(c) the modification, other than general
maintenance, of plant, equipment, processes
or systems for a prescribed development
activity or of the operation of a prescribed
development activity—
(i) if the modification creates a risk of
material harm to human health or the
environment from pollution or waste;
or
(ii) in prescribed circumstances.
2000 penalty units;

67
No. 51 of 2017
Note
(2) Subsection (1) does not apply—
(a) in respect of any action or thing the person
takes or does to comply with—
(i) a pilot project licence issued to the
person that is in force in respect of the
activity; or
(ii) an authorisation granted to the person
under section 157 that is in force in
respect of the activity; or
(iii) an exemption granted to the person
under section 80(1) that is in force in
(iv) requirements specified under section
48(a) in respect of the activity; or
(b) in respect of any action or thing that the
person is required to take or do under an
improvement notice or environmental action
notice; or
(c) if a prescribed exemption applies to the
person.
offence.
Note

68
No. 51 of 2017
45 Operating licences required for operating activities S. 45

inserted by
(1) A person must not engage in a prescribed No. 39/2018
operating activity except as authorised by an s. 7 (as
amended by
operating licence in respect of the activity. Nos 27/2019
ss 12−30,
Penalty: In the case of a natural person, 3/2020 ss 42–
2000 penalty units; 44, 47/2020
s. 26).
Note
activity; or
under section 80(2) that is in force in
48(b) in respect of the activity; or
notice; or
person.

69
No. 51 of 2017

offence.
Note
S. 46 46 Permits required for permit activities
inserted by
No. 39/2018
s. 7 (as
(1) A person must not engage in a prescribed permit
amended by activity except as authorised by a permit in respect
Nos 27/2019
ss 12−30,
of the activity.
3/2020 ss 42–
44, 47/2020
s. 26). 1000 penalty units;
5000 penalty units.
Note
activity; or
under section 82 or 83 that is in force in
48(c) in respect of the activity; or

70
No. 51 of 2017

notice; or
person.
offence.
Note
47 Registration required for registration activities S. 47
inserted by
(1) A person must not engage in a prescribed No. 39/2018
s. 7 (as
registration activity, or an activity that is the amended by
subject of an Order under section 87(1), except as Nos 27/2019
ss 12−30,
authorised by a registration in respect of the 3/2020 ss 42–
activity. 44, 47/2020
s. 26).
500 penalty units;
2500 penalty units.
Note
(i) requirements specified under section
48(d) in respect of the activity; or

71
No. 51 of 2017

notice; or
person.
offence.
Note
S. 48 48 Determination that person does not require a
inserted by
No. 39/2018 permission
s. 7 (as
amended by The Authority may, by notice published in the
Nos 27/2019
ss 12−30,
Government Gazette, specify requirements that a
3/2020 ss 42– person may meet—
44, 47/2020
s. 26). (a) to comply with section 44 if the person does
not hold a development licence; or
(b) to comply with section 45 if the person does
not hold an operating licence; or
(c) to comply with section 46 if the person does
not hold a permit; or
(d) to comply with section 47 if the person does
not hold a registration.

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Part 4.3—General provisions relating to permissions
Part 4.3—General provisions relating to Pt 4.3

(Heading and
permissions ss 49–68)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
49 Application of this Part S. 49

inserted by
This Part applies subject to anything to the No. 39/2018
s. 7 (as
contrary in Part 4.4, 4.5 or 4.6. amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
50 Form and contents of applications S. 50

inserted by
(1) An application for a permission must— No. 39/2018
s. 7 (as
(a) be made—
amended by
Nos 27/2019
ss 12−30,
(i) in the case of an application made to 3/2020 ss 42–
the Authority, in a form and manner 44, 47/2020
s. 26).
approved by the Authority; or
(ii) in the case of an application made to a
council, in the prescribed form and
manner; and
(b) be accompanied by any prescribed fee; and
(c) specify whether the application is for—
(i) a development licence; or
(ii) an operating licence; or
(iii) a pilot project licence; or
(iv) a permit; or
(v) a registration; and

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(d) specify the activity in relation to which the

permission is sought; and
(e) include any prescribed information.
(2) The Authority or a council—
(a) must not deal with an application that does
not comply with this section; and
(b) must advise an applicant if an application
does not comply with this section.
(3) The Authority or council may require an applicant
to provide the Authority or council with
information relating to the application that the
Authority or council considers necessary.
(4) The time in which the Authority or council must
deal with the application does not include—
(a) if the Authority or council requires
information under subsection (3), the period
from the date that the Authority or council
makes the request until the date on which the
Authority or council receives the
information; or
(b) any period that the Authority or council and
the applicant agree is not to be included in
that time.
S. 51 51 Authority may deal with application after expiry of
inserted by
No. 39/2018 determination period
s. 7 (as
amended by (1) This section applies if, after receiving the
Nos 27/2019
ss 12−30,
application for a licence or permit that complies
3/2020 ss 42– with section 50, the Authority or a council does
44, 47/2020
s. 26).
not issue or refuses to issue the licence or permit
within the period during which the Authority or
council must determine the application.
(2) Nothing in this Chapter prevents the Authority or
council from continuing to deal with the
application.

74
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Note
The applicant may apply to VCAT for review of a failure to issue
or refuse to issue the licence or permit within the period during
which the Authority or council must determine the application—
see section 4(2) of the Victorian Civil and Administrative
Tribunal Act 1998.
52 Notice of applications for development licences to be S. 52
inserted by
published No. 39/2018
s. 7 (as
(1) On receiving an application that complies with amended by
section 50 for a development licence, the Nos 27/2019
ss 12−30,
Authority must ensure that a notice in accordance 3/2020 ss 42–
with subsection (2) is published— 44, 47/2020
s. 26).
(a) on the Internet site of the Authority; and
(b) in at least one other publication that the
Authority considers appropriate, taking into
consideration the Charter of Consultation
developed under section 53.
(2) A notice under subsection (1) must—
(a) state that an application for a development
licence has been made; and
(b) describe the activity that is the subject of the
application; and
(c) contain any prescribed information; and
(d) invite public comments or submissions
within the time specified in the notice, being
not less than 15 business days from the
publication of the notice; and
(e) state that, if the notice for the proposed
development licence is intended to be
combined under section 70(a) with a notice
for works given under the Environment
Effects Act 1978, any submissions referred
to in paragraph (d)—

75
No. 51 of 2017
(i) must be made together with any

submissions made for the Environment
Effects Statement relating to the works;
and
(ii) despite paragraph (d), must be made
within the time limits within which the
submissions must be made for that
Environment Effects Statement.
S. 53 53 Authority must develop Charter of Consultation
inserted by
No. 39/2018
s. 7 (as
(1) The Authority must develop a Charter of
amended by Consultation.
Nos 27/2019
ss 12−30, (2) The Charter of Consultation—
3/2020 ss 42–
44, 47/2020
s. 26).
(a) must include guidelines relating to processes
for determining applications for permissions;
and
(b) must include guidelines for the public
notification of, and consultation relating to,
applications for permissions; and
(c) must include any prescribed matters; and
(d) may include any other matters that the
Authority considers appropriate.
(3) The Authority must publish the Charter of
Consultation on the Internet site of the Authority.
S. 54 54 Permission conditions
inserted by
No. 39/2018
s. 7 (as
(1) The Authority or a council may issue a permission
amended by subject to conditions specified in the permission.
Nos 27/2019
ss 12−30, (2) Without limiting subsection (1), the Authority or
council may specify that a permission is subject to
3/2020 ss 42–
44, 47/2020
s. 26). a condition—
(a) specifying measures the permission holder
must take to comply with the general
environmental duty when engaging in the
permission activity; or

76
No. 51 of 2017
(b) specifying measures the permission holder

must take to meet the objects set out in
section 111 when engaging in the permission
activity; or
(c) ensuring that the permission activity is
engaged in consistently with the Victorian
Waste and Resource Recovery Infrastructure
Planning Framework; or
(d) relating to the commissioning of plant or
equipment, including the setting of
performance standards for the
commissioning of plant or equipment; or
(e) relating to the monitoring, testing or analysis
of any impacts of engaging in the permission
activity; or
(f) requiring the permission holder to provide
monitoring data, information or performance
reports to the Authority or council, the public
or both; or
(g) relating to consultation with the local
community; or
(h) requiring the permission holder to report to
the Authority or council on compliance with
the conditions of the permission; or
(i) relating to pollution incident planning,
reporting or responses; or
(j) relating to the cessation of the permission
activity; or
(k) requiring the permission holder to provide a
financial assurance; or
(l) relating to any prescribed matter.
(3) Without limiting subsection (1), the Authority or
council may specify that a permission is subject to
a condition—

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(a) that the permission activity must only be

engaged in at a specified place or using a
specified vehicle; or
(b) requiring a person or class of persons
approved by the Authority or council to
engage in a specified activity.
(4) For the purposes of subsection (2)(f), the
Authority or council may specify in the
permission—
(a) the intervals of time at which any monitoring
data, information and performance reports
must be supplied to the Authority or council
or provided to the public; and
(b) the form and manner in which that data and
information must be supplied to the
Authority or council or provided to the
public.
S. 55 55 Permission fees
inserted by
No. 39/2018
s. 7 (as
The holder of a permission must pay any
amended by prescribed fee at the prescribed time or for the
Nos 27/2019
ss 12−30,
prescribed period.
3/2020 ss 42–
44, 47/2020
s. 26).
S. 56 56 Transfer of licence or permit

inserted by
No. 39/2018
s. 7 (as
(1) A person may, with the agreement of the holder of
amended by a licence or permit, apply for the transfer of that
Nos 27/2019
ss 12−30,
licence or permit to the applicant.
(2) An application under subsection (1) must be
3/2020 ss 42–
44, 47/2020
s. 26). made—
(a) in the case of a licence or permit issued by
the Authority, to the Authority; or
(b) in the case of a permit issued by a council, to
that council.

78
No. 51 of 2017
(3) An application under subsection (1) must—

(a) be made—
(i) in the case of an application made to
the Authority, in a form and manner
manner; and
(b) be accompanied by the prescribed fee; and
(c) be accompanied by any information or thing
required by the Authority or council.
(4) The Authority or council must, within 20 business
days after receiving an application under
subsection (1)—
(a) refuse to transfer the licence or permit; or
(b) transfer the licence or permit subject to any
conditions that the Authority or council
considers appropriate.
(5) The Authority or council must refuse to transfer a
licence or permit if the Authority or council
considers that the applicant is not a fit and proper
person to hold a licence or permit.
(6) The Authority or council must, as soon as
practicable after making a decision under
subsection (4), give the applicant and holder of the
licence or permit written notice stating—
(a) the decision; and
(b) in the case of a decision to transfer the
licence or permit, the date on which the
transfer takes effect; and
(c) in the case of a decision to refuse to transfer
the licence or permit, or a decision to transfer
the licence or permit subject to conditions—

79
No. 51 of 2017
(i) the reasons for the decision; and

(ii) that the applicant may apply to VCAT
for review of the decision.
S. 57 57 Amendment of licence or permit on application
inserted by
No. 39/2018
s. 7 (as
(1) The holder of a licence or permit may apply for
amended by the amendment of the licence or permit.
Nos 27/2019
ss 12−30, (2) An application under subsection (1) must be
made—
3/2020 ss 42–
44, 47/2020
s. 26).
that council.
(a) be made—
manner; and
(4) On receiving an application under subsection (1),
the Authority or council must—
(a) refuse to amend the licence or permit; or
(b) amend the licence or permit subject to any
conditions that the Authority or council

80
No. 51 of 2017
(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.
(6) When determining whether to amend a licence or
permit under this section, the Authority or council
must take into account—
(a) in the case of a development licence, the
considerations set out in section 69(3); and
(b) in the case of an operating licence, the
(c) in the case of a pilot project licence, the
(d) in the case of a permit, the considerations set
out in section 81(3) and (4)(b) and (c).
(7) The Authority must refuse to amend a licence
under this section if—
(a) the Authority considers that the activity
specified in the licence as proposed to be
amended poses an unacceptable risk of harm
to human health or the environment; or

81
No. 51 of 2017

Authority considers the activity specified in
the licence as proposed to be amended to be
a development activity and the holder of the
operating licence does not hold a
development licence in respect of the
activity; or
(c) any prescribed circumstances exist.
subsection (4), give the holder of the licence or
permit written notice stating—
(b) in the case of a decision to amend the licence
or permit, the date on which the amendment
takes effect; and
(c) in the case of a decision to refuse to amend
the licence or permit, or to amend the licence
subject to conditions—
(ii) that the holder of the licence or permit
may apply to VCAT for review of the
decision.
S. 58 58 Amendment of permission on initiative of Authority
inserted by
No. 39/2018 or council
s. 7 (as
amended by (1) The Authority or a council may amend, on its own
Nos 27/2019
ss 12−30,
initiative, a permission issued or granted by it—
(a) to correct any administrative or clerical
3/2020 ss 42–
44, 47/2020
s. 26). errors in the permission; or
(b) to make an amendment required under the
regulations; or

82
No. 51 of 2017
(c) in the case of a licence or a permit, to revoke

or amend a condition of the licence or permit
or to impose a new condition on the licence
or permit; or
(d) in the case of a registration, to modify the
application of the standard conditions to the
registration.
(2) When determining whether to amend a licence or
permit under subsection (1)(c), the Authority or
council must take into account—
(a) in the case of a development licence, the
(c) in the case of a pilot project licence, the
(d) in the case of a permit, the considerations set
out in section 81(3) and (4)(b) and (c).
practicable after amending a permission under this
section, give the permission holder written notice
stating—
(a) the amendment and the reasons for the
amendment; and
(b) the date on which the amendment takes
effect; and
(c) in the case of an amendment made under
subsection (1)(c), that the holder of the
licence or permit may apply to VCAT for
review of the decision.

83
No. 51 of 2017
S. 59 59 Surrender or revocation of permissions on

inserted by application
No. 39/2018
s. 7 (as
amended by
(1) The holder of a licence or permit may apply for
Nos 27/2019 consent to surrender the licence or permit.
ss 12−30,
3/2020 ss 42– (2) An application under subsection (1) must be
44, 47/2020
s. 26).
made—
that council.
(a) be made—
manner; and
(4) The Authority or council must, within 20 business
days after receiving an application under
subsection (1)—
(a) consent to the surrender of the licence or
permit subject to any conditions that the
Authority or council considers appropriate;
or
(b) refuse to consent to the surrender of the
licence or permit.
(5) The Authority or council may refuse to consent to
the surrender of a licence or permit if the
Authority or council considers that the holder of

84
No. 51 of 2017
the licence or permit has, when engaging in the

licence activity or permit activity—
(a) contravened the general environmental duty
or the duty imposed under section 39; or
(b) failed to comply with a condition of the
licence or permit.
(6) The Authority or council must refuse to consent to
the surrender of a licence or permit if the
Authority or council considers that the holder of
the licence or permit is continuing to engage in the
licence activity or permit activity.
subsection (4), give the holder of the licence or
permit written notice stating—
(b) in the case of a decision to consent to the
surrender of the licence or permit—
(i) the date on which the surrender takes
effect; and
(ii) that the surrender does not take effect
unless the holder of the licence or
permit complies with any conditions to
which the surrender is subject by that
date; and
(c) in the case of a decision to refuse to consent
to the surrender of the licence or permit—
(ii) that the holder of the licence or permit
may apply to VCAT for review of the
decision.

85
No. 51 of 2017
(8) The surrender of a licence or permit does not take

effect unless the holder of the licence or permit
has met any conditions imposed by the Authority
or council on the surrender.
(9) The Authority or council must revoke the
following permissions if the holder of the
permission requests in writing that it be revoked—
(a) a registration;
(b) a licence or permit that specifies an activity
prescribed for the purposes of this section.
(10) The Authority or council must give the holder of
the permission written notice of a revocation
under subsection (9).
S. 60 60 Suspension of permission
inserted by
No. 39/2018
s. 7 (as
(1) The Authority or a council may suspend a
amended by permission issued or granted by it, in relation to
Nos 27/2019
ss 12−30,
any or all of its permission activities, if—
(a) the Authority or council believes on
3/2020 ss 42–
44, 47/2020
s. 26). reasonable grounds that the holder of the
permission has contravened this Act or the
regulations; or
(b) the Authority or council does not consider
the holder of the permission to be a fit and
proper person to engage in those permission
activities; or
(c) the Authority or council believes on
reasonable grounds that the holder of the
permission has given materially incorrect or
misleading information to the Authority or
council or that the permission was obtained
or renewed because of materially incorrect or
misleading information; or
(d) the holder of the permission has not paid any
prescribed fee in relation to the permission;
or

86
No. 51 of 2017
(e) the Authority or council is satisfied of any

prescribed matter.
(2) If the Authority or a council proposes to suspend a
permission under subsection (1), the Authority or
council must give the holder of the permission
written notice stating—
(a) the permission activities in relation to which
the Authority or council proposes to suspend
the permission; and
(b) the reasons for the proposed suspension; and
(c) that the holder may, within 10 business days
after receiving the notice, make submissions
to the Authority or council in relation to the
proposed suspension.
(3) The Authority or council must consider any
submission under subsection (2)(c) before
deciding whether or not to suspend the
permission.
practicable after making a decision whether or not
to make a proposed suspension, give the holder of
the permission written notice stating—
(b) in the case of a decision to make the
suspension—
(ii) the period of suspension (which must
not begin before notice is given); and
(iii) that the holder of the permission may
apply to VCAT for review of the
decision—
(A) to make the suspension; or

87
No. 51 of 2017
(B) in respect of the period of

suspension.
(5) During a period of suspension, a permission is not
in force in respect of the permission activities to
which the suspension relates, other than for any
purposes specified in the notice under subsection
(4).
(6) The Authority or council may remove a period of
suspension made by it if, before the date on which
the period of suspension expires, the Authority or
council considers that the holder of the permission
has rectified any circumstances on which the
Authority or council based its decision to make
the suspension.
(7) The Authority or council may extend a period of
suspension made by it if, on the date on which the
period of suspension expires, the Authority or
council considers that the holder of the permission
has not rectified any circumstances on which the
Authority or council based its decision to make
the suspension.
(8) If the Authority or council extends a period of
suspension under subsection (7), the Authority or
council must give the holder of the permission a
(a) the decision and reasons for the decision; and
(b) the period for which the suspension is
extended; and
(c) that the holder of the permission may apply
to VCAT for review of the decision—
(i) to extend the suspension; or
(ii) in respect of the period of the
extension.

88
No. 51 of 2017
61 Revocation of permission on Authority or council's S. 61

initiative inserted by
No. 39/2018
(1) The Authority or a council may revoke a s. 7 (as
amended by
permission issued or granted by it if— Nos 27/2019
ss 12−30,
(a) the Authority or council believes on 3/2020 ss 42–
reasonable grounds that the holder of the 44, 47/2020
s. 26).
permission has contravened this Act or the
regulations; or
(b) the Authority or council does not consider
the holder of the permission to be a fit and
proper person to engage in the permission
activities; or
(c) the Authority or council believes on
reasonable grounds that the holder of the
permission has given materially incorrect or
misleading information to the Authority or
council or that the permission was obtained
or renewed because of materially incorrect or
misleading information; or
(d) the holder of the permission has not paid any
fee payable under this Chapter in relation to
the permission; or
(e) the Authority or council is satisfied of any
prescribed matter.
(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.
(3) If the Authority or council proposes to revoke a
permission under subsection (1), the Authority or
council must give the holder of the permission

89
No. 51 of 2017
(a) that the Authority or council proposes to

revoke the permission and the reasons for the
proposed revocation; and
(b) that the holder may, within 10 business days
after receiving the notice, make submissions
to the Authority or council in relation to the
proposed revocation.
(4) The Authority or council must consider any
submission under subsection (3)(b) before
deciding whether or not to revoke a permission
practicable after making a decision whether or not
to revoke a permission under subsection (1), give
the holder of the permission written notice
stating—
(b) in the case of a decision to revoke the
permission—
(ii) the date on which the revocation takes
effect; and
(iii) that the holder may apply to VCAT for
review of the decision to revoke the
permission.
practicable after making a decision to revoke a
permission under subsection (2), give the holder
of the permission written notice stating—
(b) the reasons for the decision; and
(c) the date on which the revocation takes effect.

90
No. 51 of 2017
62 Complying with permission S. 62

inserted by
A person is taken to perform a duty or satisfy an No. 39/2018
obligation under this Act if— s. 7 (as
amended by
(a) the person is the holder of a permission that Nos 27/2019
ss 12−30,
provides for how the person is to perform the 3/2020 ss 42–
duty or satisfy the obligation; and 44, 47/2020
s. 26).
(b) the person complies with the permission to
the extent that the permission provides for
performing the duty or satisfying the
obligation.
63 Breach of permission conditions—indictable offence S. 63
inserted by
(1) A person must not breach a condition of a licence No. 39/2018
s. 7 (as
issued to the person. amended by
Nos 27/2019
Penalty: In the case of a natural person, ss 12−30,
2000 penalty units;
3/2020 ss 42–
44, 47/2020
s. 26).
Note
(2) A person must not breach a condition of a permit
issued to the person.
1000 penalty units;
5000 penalty units.
Note

91
No. 51 of 2017
(3) A person must not breach a condition of a

registration granted to the person.
500 penalty units;
2500 penalty units.
Note
(4) Subsections (1), (2) and (3) do not apply to a
breach of—
(a) a condition that is prescribed for the
purposes of section 64; or
(b) a condition included in a class of conditions
that is prescribed for the purposes of section
64; or
(c) a condition in circumstances prescribed for
the purposes of section 64.
(5) An offence under subsection (1), (2) or (3) is an
indictable offence.
Note
These offences may be heard and determined summarily
(see section 28 of the Criminal Procedure Act 2009).
S. 64 64 Breach of prescribed permission conditions
inserted by
No. 39/2018
s. 7 (as
A person must not breach—
(a) a prescribed condition of a permission issued
amended by
Nos 27/2019
ss 12−30, or granted to the person; or
3/2020 ss 42–
44, 47/2020 (b) a condition of a permission issued or granted
s. 26).
to the person that is included in a prescribed
class of conditions; or

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No. 51 of 2017
(c) a condition of a permission issued or granted

to the person in prescribed circumstances.
120 penalty units;
600 penalty units.
Note
An offence against this section is an infringement offence within
the meaning of the Infringements Act 2006 (see section 307).
65 Continuing effect of conditions S. 65
inserted by
If a provision of this Act or the regulations No. 39/2018
s. 7 (as
requires a person to comply with a condition of a amended by
permission, the obligation to comply with that Nos 27/2019
ss 12−30,
condition continues until the person complies with 3/2020 ss 42–
the condition, even if— 44, 47/2020
s. 26).
(a) the person has already been convicted of an
offence for a failure to comply with the
condition; and
(b) the condition required the person to comply
within a particular period or before a
particular day and that period has ended or
that day has passed.
66 Fit and proper persons S. 66
inserted by
(1) When determining whether a person is a fit and No. 39/2018
s. 7 (as
proper person for the purposes of this Chapter, the amended by
Authority or a council must have regard to— Nos 27/2019
ss 12−30,
(a) the compliance with this Act, the
3/2020 ss 42–
44, 47/2020
Environment Protection Act 1970, the s. 26).
regulations and environment protection
legislation of the Commonwealth, another
State or a Territory by—
(i) the person; and

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(ii) in the case of a natural person, any

body corporate of which the person was
an officer; and
(iii) in the case of a body corporate, any
person who is an officer of the body
corporate; and
(b) whether the person has demonstrated to the
Authority or council that the person has the
financial capacity to comply with any
obligations imposed by a permission; and
(c) any other prescribed criteria.
(2) If a person is a prohibited person, the Authority or
a council must not determine that the person is a
fit and proper person for the purposes of this
Chapter unless the Authority or council is satisfied
that it is not contrary to the public interest to do
so.
S. 67 67 Priority waste and landfill facilities
inserted by
No. 39/2018
s. 7 (as
The Authority must not issue or grant a
amended by permission in relation to a landfill site for
Nos 27/2019
ss 12−30,
receiving priority waste prescribed as Category A
3/2020 ss 42– priority waste.
44, 47/2020
s. 26).
S. 68 68 Exemptions for transporting reportable priority

inserted by
No. 39/2018 waste
s. 7 (as
amended by (1) The Authority may, on application, grant an
Nos 27/2019
ss 12−30,
exemption from the requirement to hold a
3/2020 ss 42– permission in connection with the transport of
44, 47/2020
s. 26).
reportable priority waste if the Authority is
satisfied that the applicant holds a valid
authorisation to transport the reportable priority
waste under the law of another State or a Territory
of the Commonwealth.

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(2) An application for an exemption under subsection

(1) must—
(a) be made in any form and manner approved
by the Authority; and
(b) specify the activity in relation to which the
exemption is sought; and
(c) be accompanied by any prescribed fee; and
(d) include any prescribed information.
(3) On receiving an application that complies with
subsection (2), the Authority must, within 20
business days (or any shorter prescribed period)
after receiving the application—
(a) grant the exemption subject to any
conditions the Authority considers
appropriate; or
(b) refuse to grant the exemption.
(4) When determining whether to grant an exemption,
the Authority must take into account any
prescribed matter.
(5) An exemption granted under subsection (3) may
be revoked or amended by a written notice given
by the Authority.
(6) An exemption granted under subsection (3) has no
effect unless the conditions to which it is subject
are complied with.

95
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Part 4.4—Licences
Pt 4.4
(Headings
Part 4.4—Licences
and ss 69–80)
inserted by
No. 39/2018
Division 1—Development licences
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 69 69 Development licences
inserted by
No. 39/2018
s. 7 (as
(1) The Authority must, not later than 4 months after
amended by receiving an application for a development licence
Nos 27/2019
ss 12−30,
that complies with section 50—
(a) issue a development licence subject to any
3/2020 ss 42–
44, 47/2020
s. 26). specified conditions that the Authority
considers appropriate; or
(b) refuse to issue a development licence.
(2) The Authority must refer an application for a
development licence to a prescribed agency for
comment in the prescribed circumstances.
(3) When determining whether or not to issue a
development licence, the Authority must take into
account—
(a) any measures the applicant has taken or
proposes to take in order to comply with the
general environmental duty when engaging
in the activity that is the subject of the
application; and
(b) the impact of the activity on human health
and the environment, including the impact on
any environmental values identified in any
relevant environment reference standard,
taking into account any other activities being
or proposed to be engaged in by the
applicant or any other person; and

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Part 4.4—Licences
(c) the principles of environment protection; and

(d) the best available techniques or technologies;
and
(e) whether the activity is otherwise consistent
with this Act and the regulations; and
(f) if the regulations require the Authority to
refer the application to a prescribed agency,
any comments or submissions received from
that agency; and
(g) any comments and submissions received—
(i) in response to the notice of the
application published under section 52;
and
(ii) within the time specified in that notice;
and
(h) any prescribed matter.
(4) The Authority must refuse to issue the
development licence if—
(a) the Authority considers that the activity that
is the subject of an application poses an
unacceptable risk of harm to human health or
the environment; or
(b) the Authority determines that the person is
not a fit and proper person to hold a
development licence; or
(5) The development licence must specify the date on
which the development licence expires.
(6) If the Authority decides to issue a development
licence, the Authority must, within 5 business
days of issuing the licence, take reasonable steps
to notify each person who made a submission

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Part 4.4—Licences
under section 52 in relation to the application for

the licence of the following—
(a) the decision to issue the licence;
(b) that certain persons may seek review of the
decision under section 434.
S. 70 70 Joint publication
inserted by
No. 39/2018
s. 7 (as
The notice of an application for a development
amended by licence required under section 52 may be
Nos 27/2019
ss 12−30,
combined with—
(a) if the activity that is the subject of the
3/2020 ss 42–
44, 47/2020
s. 26). application is works to which the
Environment Effects Act 1978 applies, any
notice given for those works under that Act;
or
(b) if the activity requires a planning permit or
the preparation of an amendment to a
planning scheme under the Planning and
Environment Act 1987, any notice required
to be given for the application for that
planning permit or the preparation of that
amendment under that Act.
S. 71 71 Conditions of development licences
inserted by
No. 39/2018
s. 7 (as
If a development licence specifies an activity that
amended by requires a planning permit or the preparation of an
Nos 27/2019
ss 12−30,
amendment to a planning scheme under the
3/2020 ss 42– Planning and Environment Act 1987, the
44, 47/2020
s. 26).
development licence must specify, as a condition
of the development licence, that the development
licence does not take effect until the applicant
provides a copy of that planning permit or
amendment to the Authority.

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Part 4.4—Licences
72 Extension of term of development licences S. 72

inserted by
The Authority may, subject to any conditions that No. 39/2018
the Authority considers appropriate, extend the s. 7 (as
amended by
period during which a development licence Nos 27/2019
remains in force if the Authority is satisfied that ss 12−30,
3/2020 ss 42–
the circumstances of the case justify that 44, 47/2020
extension. s. 26).
73 Statement as to whether activity specified in S. 73

inserted by
development licence completed No. 39/2018
s. 7 (as
(1) The holder of a development licence may apply, amended by
in the form and manner approved by the Nos 27/2019
ss 12−30,
Authority, for a statement from the Authority as to 3/2020 ss 42–
whether the Authority considers the holder to have 44, 47/2020
s. 26).
completed the activity specified in the
development licence to the Authority's
satisfaction.
(2) The Authority must provide a written statement
under subsection (1) within 20 business days after
receiving an application under that subsection.
Division 2—Operating licences

74 Operating licences S. 74
inserted by
(1) Subject to subsection (2), the Authority must, after No. 39/2018
receiving an application for an operating licence s. 7 (as
amended by
that complies with section 50— Nos 27/2019
ss 12−30,
(a) issue an operating licence subject to any 3/2020 ss 42–
specified conditions that the Authority 44, 47/2020
s. 26).
(b) refuse to issue an operating licence.

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Part 4.4—Licences
(2) The Authority must issue or refuse to issue an

operating licence under subsection (1) within—
(a) 15 business days after receiving the
application if—
(i) the applicant holds a development
licence in respect of the activity that is
the subject of the application; and
(ii) the Authority has provided to the
applicant a statement under section 73
that the Authority considers the
applicant to have completed the activity
to the Authority's satisfaction; or
(b) in any other case, 42 business days after
receiving the application.
(3) When determining whether or not to issue an
operating licence, the Authority must take into
account—
application; and
or proposed to be carried out by the applicant
or any other person; and
and

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Part 4.4—Licences
(f) any prescribed matter.

(4) The Authority must refuse to issue an operating
licence if—
(a) the Authority considers that the activity that
is the subject of the application poses an
the environment; or
(b) the Authority determines that the person is
not a fit and proper person to hold an
operating licence; or
(c) the Authority considers the activity that is
the subject of the application to be a
prescribed development activity and the
applicant does not hold a development
licence in respect of the activity; or
(d) any prescribed circumstances exist.
(5) Nothing in this Chapter prevents—
(a) the person who has applied for an operating
licence in respect of an activity applying for
a development licence in respect of the same
activity; or
(b) the Authority determining that application
for a development licence in accordance with
Division 1.
75 Term of operating licences S. 75
inserted by
(1) Subject to subsection (2), if the Authority issues No. 39/2018
s. 7 (as
an operating licence after the commencement of amended by
this Chapter, the Authority must specify on the Nos 27/2019
ss 12−30,
licence the period during which the licence 3/2020 ss 42–
remains in force. 44, 47/2020
s. 26).

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Part 4.4—Licences
(2) An operating licence may not remain in force—

(a) in the case of an operating licence that
specifies a waste management activity that is
engaged in at a current or former landfill site,
for a period of more than 99 years; or
(b) in any other case, for a period of more than
20 years.
S. 76 76 Review of operating licences
inserted by
No. 39/2018
s. 7 (as
(1) The Authority may, in accordance with the
amended by regulations, review an operating licence after the
Nos 27/2019
ss 12−30,
operating licence has been in force—
(a) for 4 years; or
3/2020 ss 42–
44, 47/2020
s. 26).
(b) for any longer period determined by the
Authority.
(2) If the Authority proposes to review a licence
under subsection (1), the Authority must give at
least 20 business days' written notice of the
Authority's intention to do so to the holder of the
licence.
(3) After reviewing a licence under subsection (1), the
Authority may—
(a) vary the conditions of the licence; or
(b) revoke the licence.
(4) When determining whether or not to vary the
conditions of a licence or revoke a licence under
subsection (3), the Authority must take into
account—
(a) any measures the holder of the licence has
taken or proposes to take in order to comply
with the general environmental duty when
engaging in the licence activity; and

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Part 4.4—Licences
(b) the impact of the licence activity on human

health and the environment, including the
impact on any environmental values
identified in any relevant environment
reference standard, taking into account any
other activities being or proposed to be
carried out by the holder of the licence or
any other person; and
and
Division 3—Pilot project licences

77 Pilot project licences S. 77
inserted by
(1) A person may apply under section 50 for a pilot No. 39/2018
project licence in respect of an activity that s. 7 (as
amended by
requires a development licence, an operating Nos 27/2019
licence or a permit. ss 12−30,
3/2020 ss 42–
(2) The Authority must refuse to issue the pilot 44, 47/2020
s. 26).
project licence if the Authority is satisfied that the
activity specified in the application is not a
research, development or demonstration activity.
(3) In determining whether an activity is a research,
development or demonstration activity, the
Authority must consider—
(a) the scale, dimensions, purpose, and duration
of the activity; and
(b) the risks of harm posed by the activity to
pollution or waste.

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Part 4.4—Licences
S. 78 78 Consideration of application for pilot project licence

inserted by
No. 39/2018 (1) On receiving an application for a pilot project
s. 7 (as
amended by
licence that complies with section 50, the
Nos 27/2019 Authority must, within 22 business days of
ss 12−30,
3/2020 ss 42–
receiving the application, either—
44, 47/2020
s. 26).
(a) issue the pilot project licence subject to any
specified conditions that the Authority
(b) refuse to issue the pilot project licence.
(2) When determining whether or not to issue a pilot
project licence, the Authority must take into
account—
application; and
or proposed to be carried out by the applicant
or any other person; and
and

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Part 4.4—Licences
(3) The Authority must refuse to issue a pilot project

licence if—
(a) the Authority determines that the applicant is
not a fit and proper person to hold a pilot
project licence; or
(b) the Authority considers that the activity
specified in the application poses an
the environment; or
79 Duration and effect of pilot project licence S. 79
inserted by
(1) A pilot project licence remains in force for the No. 39/2018
s. 7 (as
period specified in the licence, which must not be amended by
more than 5 years. Nos 27/2019
ss 12−30,
(2) The holder of a pilot project licence is exempted
3/2020 ss 42–
44, 47/2020
from the requirement to obtain a development s. 26).
licence, an operating licence or a permit in respect
of the activities specified in the pilot project
licence.
Division 4—Licence exemptions

80 Application for licence exemptions S. 80
inserted by
(1) A person may apply to the Authority for an No. 39/2018
exemption from the application of section 44 in s. 7 (as
amended by
respect of a prescribed development activity. Nos 27/2019
ss 12−30,
(2) A person may apply to the Authority for an 3/2020 ss 42–
exemption from the application of section 45 in 44, 47/2020
s. 26).
respect of a prescribed operating activity.
(3) An application for an exemption under subsection
(1) or (2) must—

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Part 4.4—Licences

business days (or any shorter prescribed period)
after receiving the application—
appropriate; or
prescribed matter.
(6) An exemption granted under subsection (4) may
be revoked or amended by a written notice given
by the Authority.
are complied with.

106
No. 51 of 2017
Part 4.5—Permits
Part 4.5—Permits Pt 4.5

(Heading and
ss 81–84)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
81 Permits S. 81
inserted by
(1) On receiving an application for a permit that No. 39/2018
s. 7 (as
complies with section 50, the Authority or the amended by
council to which the application was made must— Nos 27/2019
ss 12−30,
(a) issue the permit subject to any conditions
3/2020 ss 42–
44, 47/2020
that the Authority or council considers s. 26).
appropriate; or
(b) refuse to issue the permit.
within—
(a) in the case of an application made to the
Authority—
application; or
(b) in the case of an application made to a
council, the prescribed period.
(3) When determining whether to issue the permit, the
Authority or council must take into account any
prescribed matter.

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Part 4.5—Permits
(4) The Authority or council must refuse to issue the

permit if—
(a) the Authority or council determines that the
applicant for the permit is not a fit and
proper person to hold the permit; or
(b) the Authority or council considers that the
activity specified in the application poses an
the environment; or
(5) A permit remains in force for—
(a) a period of 5 years; or
(b) any shorter period prescribed in relation to a
particular activity or class of activity.
S. 82 82 Permit exemptions granted by the Authority
inserted by
No. 39/2018
s. 7 (as
(1) A person may apply to the Authority for an
amended by exemption from the application of section 46 in
Nos 27/2019
ss 12−30,
respect of a prescribed permit activity
3/2020 ss 42– administered by the Authority.
44, 47/2020
s. 26). (2) An application for an exemption under subsection
(1) must—
subsection (2), the Authority must, within
10 business days (or any shorter prescribed
period) after receiving the application—

108
No. 51 of 2017
Part 4.5—Permits

appropriate; or
prescribed matter.
are complied with.
83 Permit exemptions granted by a council S. 83
inserted by
(1) A person may apply to a council for an exemption No. 39/2018
s. 7 (as
from the application of section 46 in respect of a amended by
prescribed permit activity administered by a Nos 27/2019
ss 12−30,
council. 3/2020 ss 42–
44, 47/2020
(2) An application for an exemption under subsection s. 26).
(1) must—
(a) be made in the prescribed form and manner;
and
subsection (2), a council must, within 10 business
days (or any shorter prescribed period) after
receiving the application—
conditions the council considers appropriate;
or

109
No. 51 of 2017
Part 4.5—Permits

a council must take into account any prescribed
matter.
are complied with.
S. 84 84 Renewal of permits
inserted by
No. 39/2018
s. 7 (as
(1) The holder of a permit may apply for the renewal
amended by of the permit—
Nos 27/2019
ss 12−30, (a) in the case of a permit issued by the
Authority, to the Authority; or
3/2020 ss 42–
44, 47/2020
s. 26).
that council.
(2) An application for renewal must be made at least
15 business days before the day on which the
permit is due to expire.
(3) An application for renewal must—
(a) be made—
(i) in the case of a permit issued by the
Authority, in a form and manner
(ii) in the case of a permit issued by a
manner; and
(c) include any prescribed information.
subsections (2) and (3), the Authority or council
must—
(a) renew the permit; or
(b) refuse to renew the permit.

110
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Part 4.5—Permits

within—
(a) in the case of an application made to the
Authority—
application; or
(b) in the case of an application made to a
council, the prescribed period.
(6) If the permit is due to expire before the end of the
period described in subsection (5), the permit is
taken to remain in force until the end of that
period.
(7) When determining whether to renew a permit, the
Authority or council must take into account any
prescribed matter.
(8) A permit may be renewed for—
(a) a period of not more than 5 years; or
(9) A permit may be renewed more than once.

111
No. 51 of 2017
Part 4.6—Registrations
Pt 4.6
(Heading and
ss 85–87)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 85 85 Registration of prescribed activities

inserted by
No. 39/2018
s. 7 (as
(1) Subject to subsection (3), on receiving an
amended by application for a registration that complies with
Nos 27/2019
ss 12−30,
section 50, the Authority is taken to have granted
3/2020 ss 42– a registration for the activity that is the subject of
44, 47/2020
s. 26).
the application to the applicant subject to any
standard conditions.
(2) Within 10 business days after receiving an
application for a registration that complies with
section 50, the Authority must notify the
applicant—
(a) that a registration has been granted; and
(b) the standard conditions to which the
registration is subject.
(3) A registration remains in force until—
(a) for a period of 5 years or any shorter period
prescribed in relation to a particular activity
or class of activity; or
(b) until the registration is revoked under
section 61—
whichever is the earlier.

112
No. 51 of 2017
86 Renewal of registrations S. 86
inserted by
(1) The holder of a registration may apply to the No. 39/2018
Authority for the renewal of the registration. s. 7 (as
amended by
(2) An application for renewal must be made before Nos 27/2019
ss 12−30,
the day on which the registration is due to expire. 3/2020 ss 42–
44, 47/2020
(3) An application for renewal must— s. 26).
(a) be in any form and manner approved by the

Authority; and
(c) include any prescribed information.
(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.
(6) A registration may be renewed for—
(a) a period of not more than 5 years; or
(7) A registration may be renewed more than once.

113
No. 51 of 2017
S. 87 87 Registration of non-prescribed activities

inserted by
No. 39/2018 (1) The Governor in Council may by Order require a
s. 7 (as
amended by
specified activity or class of activity to be subject
Nos 27/2019 to section 85, for a period of not more than
ss 12−30,
3/2020 ss 42–
3 years, as if it were an activity prescribed to be
44, 47/2020 subject to registration under that section.
s. 26).
(2) An Order made under this section may exempt
persons from the operation of the Order in
specified circumstances or if the person meets
specified requirements.

114
No. 51 of 2017
Part 4.7—Persons prohibited from engaging in prescribed activities
Part 4.7—Persons prohibited from engaging Pt 4.7

(Heading and
in prescribed activities ss 88–90)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
88 Certain persons prohibited from engaging in S. 88

inserted by
particular activities No. 39/2018
s. 7 (as
(1) A person is a prohibited person if— amended by
Nos 27/2019
(a) within the preceding 10 years, the person has ss 12−30,
been convicted or found guilty of—
3/2020 ss 42–
44, 47/2020
s. 26).
(i) an offence involving fraud, dishonesty
or violence that was punishable by a
term of imprisonment of 3 months or
more at the time of the conviction or
finding of guilt; or
(ii) an indictable offence against this Act or
the Environment Protection Act
1970; or
(iii) an offence that, if committed in
Victoria, would constitute an offence
referred to in subparagraph (i) or (ii); or
(iv) an indictable offence against the
Dangerous Goods Act 1985, the
Equipment (Public Safety) Act 1994,
the Occupational Health and Safety
Act 2004 or the Planning and
Environment Act 1987; or
(b) the Authority has revoked a permission held
by the person under section 61(1); or

115
No. 51 of 2017
(c) any licence or permit issued to the person

under a law of another State or a Territory
that the Authority considers to be equivalent
to a permission has been revoked on a
ground equivalent to one or more of the
grounds set out in section 61(1); or
(d) the person is an insolvent under
administration; or
(e) the person is an externally-administered
company under the Corporations Act; or
(f) in the case of a body corporate—
(i) one or more of the officers is a person
referred to in paragraph (a), (b), (c) or
(d); or
(ii) one or more of the officers is or was an
officer of another body corporate that is
or was a person referred to in paragraph
(a), (b), (c) or (d).
(2) A prohibited person must not engage in an activity
that is prescribed for the purposes of this section.
240 penalty units or 2 years
imprisonment or both;
1200 penalty units.
Note
provision. The penalties for contravention of these civil
penalty provisions are set out in the table in section 314.
(3) The Minister may recommend that an activity be
prescribed for the purposes of this section only if
the activity is not a permission activity and
either—

116
No. 51 of 2017
(a) the activity relates to—

(i) the receiving, handling, storing,
processing or disposal of waste; or
(ii) resource recovery; or
(b) the Minister is satisfied that the activity
poses a serious risk of harm to human health
or the environment.
(4) If, as the result of the operation of Part 11.8, a
person who is an officer of a body corporate
commits an offence against subsection (2), a
sentence of imprisonment must not be imposed on
the officer in respect of a conviction or finding of
guilt in respect of that offence unless the body
corporate was prohibited from engaging in the
prescribed activity that was the subject of the
offence because the officer is a prohibited person
referred to in subsection (1)(a), (b), (c) or (d).
89 Additional or alternative penalties for prohibited S. 89
inserted by
persons No. 39/2018
s. 7 (as
(1) If— amended by
Nos 27/2019
(a) a prohibited person who is a natural person ss 12−30,
commits an offence against section 45, 46 or
3/2020 ss 42–
44, 47/2020
47; and s. 26).
(b) the permission activity that was the subject

of the offence is prescribed for the purposes
of this section—
a court may impose a penalty of up to 2 years
imprisonment in addition to, or in place of, the
penalty included in section 45, 46 or 47.
(2) If, as the result of the operation of Part 11.8, a
person who is an officer of a body corporate
commits an offence against section 45, 46 or 47, a
sentence of imprisonment must not be imposed
under subsection (1) on the officer in respect of a
conviction or finding of guilt in respect of that

117
No. 51 of 2017
offence unless the body corporate was prohibited

from engaging in the prescribed activity that was
the subject of the offence because the officer is a
prohibited person referred to in section 88(1)(a),
(b), (c) or (d).
S. 90 90 Applications by prohibited persons to engage in
inserted by
No. 39/2018 prescribed activity
s. 7 (as
amended by (1) Subject to subsection (4), a prohibited person may
Nos 27/2019
ss 12−30,
apply to the Authority for authorisation—
(a) to engage in an activity prescribed for the
3/2020 ss 42–
44, 47/2020
s. 26). purposes of section 88; or
(b) to be an officer of a body corporate that
engages in an activity prescribed for the
purposes of section 88.
(2) An application under this section must—
(a) be in the form approved by the Authority;
and
(b) contain the information required by the
Authority; and
(c) be accompanied by the documents required
(d) be accompanied by any prescribed fee.
(3) The Authority must, not later than 25 business
days after receiving an application under this
section—
(a) accept the application; or
(b) refuse the application.
(4) The Authority may accept an application—
(a) if the Authority is satisfied that it is not
contrary to the public interest to do so; and

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(b) subject to any conditions the Authority

considers appropriate to protect the public
interest.

119
No. 51 of 2017
Part 4.8—Environment protection levy
Pt 4.8
(Heading and
s. 91)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 91 91 Environment protection levy

inserted by
No. 39/2018
s. 7 (as
(1) Subject to and in accordance with this section,
amended by there is to be charged, levied and collected by the
Nos 27/2019
ss 12−30,
Authority a levy at the rate of 3 per cent of the fee
3/2020 ss 42– prescribed for the purposes of this section in
44, 47/2020
s. 26).
respect of any activity—
(a) for which a permission is required under this
Act; and
(b) that has been prescribed as an activity in
respect of which the levy is required to be
paid.
(2) The levy is payable at the same time as the
prescribed fee is payable under this Part.
(3) The Authority may after having regard to the
record of compliance with the conditions applying
to a permission in respect of any person liable to
pay the levy, exempt the person in whole or in
part from the payment of the levy as the Authority
sees fit.
(4) If the levy in respect of any activity is not paid at
the same time as the prescribed fee is payable
under this Part, the Authority must suspend the
permission or the application of the permission to
the extent that it applies to that person until the
levy is paid and the amount of the levy which is
outstanding bears interest at such rate per centum

120
No. 51 of 2017
per annum as is set out in section 172(2) of the

Local Government Act 1989.

121
No. 51 of 2017
Ch. 5
(Headings
Chapter 5—Environment reference
and ss 92–
109)
standards, compliance codes and position
inserted by
No. 39/2018
statements
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
Pt 5.1
(Heading and
s. 92)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 92 92 Simplified outline—Chapter 5
inserted by
No. 39/2018
s. 7 (as
amended by Chapter.
Nos 27/2019
ss 12−30, (2) Part 5.2 provides for the making, preparation and
review of environment reference standards for
3/2020 ss 42–
44, 47/2020
s. 26). assessing and reporting on environmental
conditions in the whole or any part of Victoria.
(3) Part 5.3 provides for the making of compliance
codes that provide guidance on how a person may
comply with a duty or obligation under this Act.
(4) Part 5.4 enables the Authority to make a position
statement setting out—
(a) how a provision of this Act or the regulations
would apply to a class of persons or in
specified circumstances; or

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(b) how the Authority would exercise a

discretion under a provision of this Act or
the regulations.
(5) The effect of compliance codes and position
statements is set out in Parts 5.3 and 5.4
respectively.

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No. 51 of 2017
Part 5.2—Environment reference standards
Pt 5.2
(Heading and
ss 93–99)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 93 93 Environment reference standards

inserted by
No. 39/2018
s. 7 (as
(1) The Governor in Council, on the recommendation
amended by of the Minister, may by Order published in the
Nos 27/2019
ss 12−30,
Government Gazette make an environment
3/2020 ss 42– reference standard to be used to assess and report
44, 47/2020
s. 26).
on environmental conditions in the whole or any
part of Victoria.
(2) Without limiting subsection (1), an environment
reference standard must identify environmental
values to be achieved or maintained in the whole
or any part of Victoria.
(3) An environment reference standard must
specify—
(a) whether the area to which the standard
applies is the whole or a part of Victoria; and
(b) if the standard does not apply to the whole of
Victoria, the boundaries of the area to which
the standard applies; and
(c) the elements of the environment to which the
standard relates; and
(d) the environmental values identified for the
area, or any part of the area, to which the
standard applies.

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(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.
(5) For the purposes of subsection (4), an
environment reference standard may specify one
or more of the following indicators or
objectives—
(a) ambient environmental quality pollutant
measures;
(b) ambient environmental quality ecological
measures;
(c) measures of human health or the health of
other species;
(d) targets for emissions of pollutants.
94 Application of the Subordinate Legislation Act 1994 S. 94
inserted by
to environment reference standards No. 39/2018
s. 7 (as
(1) Section 12F(1)(a) of the Subordinate Legislation amended by
Act 1994 applies to an environment reference Nos 27/2019
ss 12−30,
standard as if the reference to a significant 3/2020 ss 42–
economic or social burden were a reference to a 44, 47/2020
s. 26).
significant impact.
(2) The Subordinate Legislation Act 1994 applies to
an environment reference standard as if a
reference to a regulatory impact statement were a
reference to an impact assessment prepared under
section 95(1).
(3) Section 12H(1), (2) and (4) of the Subordinate
Legislation Act 1994 do not apply to an
environment reference standard.

125
No. 51 of 2017
S. 95 95 Preparation of environment reference standards

inserted by
No. 39/2018 (1) Before recommending that the Governor make an
s. 7 (as
amended by
environment reference standard, the Minister must
Nos 27/2019 ensure that an impact assessment for the standard
ss 12−30,
3/2020 ss 42–
is prepared that contains—
44, 47/2020
s. 26).
(a) the objectives and purposes of the standard;
and
(b) a description of the methods used to prepare
the standard; and
(c) any indicators and objectives for measuring
whether environmental values are being
achieved or maintained, other than those
specified in the standard, that were
considered during the preparation of the
standard; and
(d) a description of the monitoring, evaluation
and reporting requirements of the standard;
and
(e) a description of the intended operation and
impact of the standard.
(2) When determining whether to recommend
whether an environment reference standard should
be made, the Minister must take the principles of
environment protection into account.
S. 96 96 Environment reference standard may incorporate
inserted by
No. 39/2018 NEPM
s. 7 (as
amended by (1) Environment reference standards may apply,
Nos 27/2019
ss 12−30,
adopt or incorporate, with or without
3/2020 ss 42– modification, any matter contained in any
44, 47/2020
s. 26).
document, code, standard, rule, specification or
method formulated, issued, prescribed or
published—
(a) as in force at a particular time; or

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No. 51 of 2017
(b) as amended, formulated, issued, prescribed

or published from time to time.
(2) Without limiting subsection (1), the Governor in
Council may, subject to subsection (3),
incorporate the whole or any part of a national
environment protection measure in an
environment reference standard.
(3) For the purposes of subsection (2), the Minister
must consult with the National Environment
Protection Council before recommending that an
environment reference standard be made if it is
proposed that the standard is to incorporate a
measure that is more stringent than a national
environment protection measure.
97 Review of environment reference standards S. 97
inserted by
(1) Before the expiry of each review period, the No. 39/2018
s. 7 (as
Minister must determine whether an environment amended by
reference standard is to be— Nos 27/2019
ss 12−30,
(a) retained with or without amendment; or
3/2020 ss 42–
44, 47/2020
s. 26).
(b) revoked.
(2) Before determining whether to retain or revoke an
environment reference standard under subsection
(1), the Minister must ensure that notice of the
review is published in—
(a) the Government Gazette; and
(b) any publication that the Minister considers
appropriate.
(a) summarise the environment reference
standard; and
(b) specify where a copy of the standard can be
obtained; and

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(c) invite public comments or submissions on

the standard within the time specified in the
notice, being not less than 28 days from the
publication of the notice.
(4) After considering any public comments or
submissions received in response to the notice
under subsection (3)(c), the Minister must—
(a) retain the standard without amendment; or
(b) retain the standard with amendments; or
(c) replace the standard; or
(d) revoke the standard.
(5) The replacement of an environment reference
standard under subsection (4)(c) must be prepared
in accordance with section 95.
(6) In this section—
review period, in relation to an environment
reference standard, means the 10-year period
that begins on the later of the following
days—
(a) the day on which the standard is made;
(b) the day on which notice of a review of
the standard is published in the
Government Gazette.
S. 98 98 Notice of review determination
inserted by
No. 39/2018
s. 7 (as
(1) If the Minister determines under section 97 to
amended by revoke an environment reference standard or
Nos 27/2019
ss 12−30,
retain an environment reference standard without
3/2020 ss 42– amendment, the Minister must ensure that notice
44, 47/2020
s. 26).
of that determination—
(a) is published in any publication that the
Minister considers appropriate; and

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(b) is given in writing to any person who made a

comment or submission in accordance with
section 97(3)(c) in relation to that
determination.
(2) A notice under subsection (1) must be given and
published as soon as practicable after the
determination has been made.
99 Consideration of environment reference standards S. 99
inserted by
The Minister must take into account environment No. 39/2018
s. 7 (as
reference standards when making a decision amended by
relating to— Nos 27/2019
ss 12−30,
(a) whether to recommend the making of
3/2020 ss 42–
44, 47/2020
regulations under this Act; or s. 26).
(b) whether to recommend the making of a

compliance code; or
(c) whether to declare an issue to be an issue of
environmental concern.

129
No. 51 of 2017
Part 5.3—Compliance codes
Pt 5.3
(Heading and
ss 100–104)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 100 100 Compliance codes

inserted by
No. 39/2018
s. 7 (as
(1) For the purposes of providing practical guidance
amended by to any person who has a duty or obligation under
Nos 27/2019
ss 12−30,
this Act, the Governor in Council may make an
3/2020 ss 42– Order approving a compliance code.
44, 47/2020
s. 26). (2) The order approving a compliance code takes
effect on the day notice of the order is published
in the Government Gazette, or any later day
specified in the order.
S. 101 101 Content of compliance codes
inserted by
No. 39/2018
s. 7 (as
A compliance code may apply, adopt or
amended by incorporate, with or without modification, any
Nos 27/2019
ss 12−30,
matter contained in any document, code, standard,
3/2020 ss 42– rule, specification or method formulated, issued,
44, 47/2020
s. 26).
prescribed or published by any person or body—
S. 102 102 Communication of compliance codes
inserted by
No. 39/2018
s. 7 (as
(1) The Authority must publish a compliance code
amended by made under section 100 on the Internet site of the
Nos 27/2019
ss 12−30,
Authority.
(2) The Authority must make available for inspection
3/2020 ss 42–
44, 47/2020
s. 26). without charge at the office of the Authority
during normal business hours—

130
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(a) any compliance code made under

section 100; and
(b) any document containing any matter that is
applied, adopted or incorporated in a
compliance code.
103 Effect of compliance codes S. 103
inserted by
A person is taken to perform a duty or satisfy an No. 39/2018
s. 7 (as
obligation under this Act if— amended by
Nos 27/2019
(a) a compliance code provides for how a person ss 12−30,
performs the duty or satisfies the obligation;
3/2020 ss 42–
44, 47/2020
and s. 26).
(b) the person complies with the compliance

code to the extent that the compliance code
provides for performing the duty or
satisfying the obligation.
104 No penalty for failure to comply with compliance S. 104
inserted by
codes No. 39/2018
s. 7 (as
A failure to comply with a compliance code does amended by
not give rise to any civil or criminal penalty. Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).

131
No. 51 of 2017
Part 5.4—Position statements
Pt 5.4
(Heading and
ss 105–109)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 105 105 Authority may make position statements

inserted by
No. 39/2018
s. 7 (as
(1) The Authority may make a position statement by
amended by publishing a notice of the position statement in the
Nos 27/2019
ss 12−30,
Government Gazette.
(2) The position statement takes effect on the day
3/2020 ss 42–
44, 47/2020
s. 26). notice of the position statement is published in the
Government Gazette, or on any later day specified
in the notice.
S. 106 106 Communication of position statements
inserted by
No. 39/2018
s. 7 (as
The Authority must publish any position
amended by statement made under section 105 on the Internet
Nos 27/2019
ss 12−30,
site of the Authority.
3/2020 ss 42–
44, 47/2020
s. 26).
S. 107 107 Content of position statements

inserted by
No. 39/2018
s. 7 (as
(1) A position statement of the Authority may state—
(a) the Authority's opinion on how a provision
amended by
Nos 27/2019
ss 12−30, of this Act or the regulations would apply to
a class of persons or to a set of
3/2020 ss 42–
44, 47/2020
s. 26). circumstances; or
(b) how the Authority would exercise a
discretion under a provision of this Act or
the regulations.

132
No. 51 of 2017
(2) For the purposes of subsection (1)(b), the

Authority exercises a discretion if the Authority—
(a) forms an opinion as to the existence of a fact;
or
(b) attains a state of mind; or
(c) makes a determination; or
(d) exercises a power; or
(e) refuses or fails to do any of those things.
108 Consultation on position statements S. 108
inserted by
(1) Before making a position statement under section No. 39/2018
s. 7 (as
105, the Authority must comply with this section. amended by
Nos 27/2019
(2) The Authority must— ss 12−30,
3/2020 ss 42–
(a) prepare a draft position statement; and 44, 47/2020
s. 26).
(b) publish notice of the draft position statement
and a request for comment on the draft
position statement within a specified
period—
(i) in the Government Gazette; and
(ii) on the Internet site of the Authority;
and
(iii) in any other publication intended for
general circulation in Victoria that the
Authority considers appropriate; and
(c) publish a copy of the draft position statement
on the Internet site of the Authority.
(3) After the expiry of the specified period, the
Authority—
(a) must consider any comments received by the
Authority within the specified period; and
(b) may make the position statement in
accordance with section 105 with or without
modifications to the draft position statement.

133
No. 51 of 2017
S. 109 109 Effect of position statements

inserted by
No. 39/2018 (1) A position statement does not give rise to—
s. 7 (as
amended by (a) a legal right, expectation, duty or obligation
Nos 27/2019
ss 12−30,
that would not otherwise be conferred or
3/2020 ss 42– imposed on any person; or
44, 47/2020
s. 26). (b) any liability of, or other claim against, the
Authority; or
(c) any defence that would not otherwise be
available to any person.
(2) Without limiting subsection (1), a position
statement does not affect any matter specified in
subsection (1)(a), (b) or (c) that is otherwise
provided for under this Act.

134
No. 51 of 2017
Chapter 6—Waste Ch. 6

(Headings
and ss 110–
152)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
Pt 6.1
s. 110)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).

inserted by
s. 7 (as
Chapter. amended by
Nos 27/2019
(2) Part 6.2 provides for the objects of this Chapter. ss 12−30,
3/2020 ss 42–
(3) Part 6.3 provides for the powers and appointment 44, 47/2020
s. 26).
of litter enforcement officers and offences in
relation to the disposal and removal of litter and
other waste.
(4) Part 6.4 provides for duties in relation to industrial
waste.
(5) Part 6.5 provides for duties and controls in
relation to priority waste.
(6) Part 6.6 provides for the administration of the
waste levy scheme.

135
No. 51 of 2017
Part 6.2—Objects
Pt 6.2
(Heading and
Part 6.2—Objects
s. 111)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 111 111 Objects

inserted by
No. 39/2018
s. 7 (as
(1) The objects of this Chapter are—
(a) to minimise litter and waste disposal by
amended by
Nos 27/2019
ss 12−30, encouraging the management of waste in
accordance with the waste management
3/2020 ss 42–
44, 47/2020
s. 26). hierarchy; and
(b) to promote waste reduction, resource
recovery and resource efficiency; and
(c) to minimise the impact on human health and
the environment from waste generation and
waste disposal.
(2) It is the intention of the Parliament that in the
administration of this Chapter regard should be
given to the objects of this Chapter.

136
No. 51 of 2017
Part 6.3—Litter and other waste
Part 6.3—Litter and other waste Pt 6.3

(Headings
and ss 112–
Division 1—Preliminary matters 132)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
112 Definitions S. 112

inserted by
In this Part— No. 39/2018
s. 7 (as
dangerous litter means litter that is wholly or
amended by
Nos 27/2019
partly comprised of one or more of the ss 12−30,
following—
3/2020 ss 42–
44, 47/2020
s. 26).
(a) oil, fuel, grease, paint or solvents;
(b) a lit cigarette or a lit cigarette butt;
(c) glass;
(d) a syringe;
(e) any substance, material or other thing
prescribed by the regulations;
litter means a quantity of waste that does not
exceed 50 litres;
place includes a receptacle.
113 Governor in Council may declare body to be a litter S. 113
inserted by
authority No. 39/2018
s. 7 (as
The Governor in Council may, by Order published amended by
in the Government Gazette, declare any body to Nos 27/2019
ss 12−30,
be a litter authority for the purposes of this Part. 3/2020 ss 42–
44, 47/2020
s. 26).

137
No. 51 of 2017
Division 2—Appointment of litter enforcement

officers
S. 114 114 Litter enforcement officers
inserted by
No. 39/2018 (1) The Authority may appoint a person as a litter
s. 7 (as
amended by
enforcement officer.
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 114(2)
amended by
(2) A litter authority may appoint an employee of the
No. 36/2022 litter authority, or each member of a class of
s. 45. employee of the litter authority, as a litter
enforcement officer in relation to—
(a) any bus, tram, watercraft, rail vehicle or
aircraft owned or managed by the litter
authority that is being used for a public
purpose; or
(b) in the case of a litter authority that is a
council, any land or waters in the council's
municipal district; or
(c) any land or waters under the control or
management of the litter authority; or
(d) any offence under this Part that may result in
waste appearing on land or waters under the
control or management of the litter authority
(regardless of where the offence occurs).
(3) The Secretary, being the body corporate
established by Part 2 of the Conservation,
Forests and Lands Act 1987, may appoint a
person as a litter enforcement officer in respect of
any land managed under a relevant law within the
meaning of that Act.

138
No. 51 of 2017
Division 3—Offences in relation to littering and

other waste
115 Unlawful deposit of waste S. 115
inserted by
(1) A person must not deposit waste that is litter other No. 39/2018
than in the circumstances specified in subsection s. 7 (as
amended by
(5). Nos 27/2019
ss 12−30,
Penalty: In the case of a natural person, 3/2020 ss 42–
20 penalty units; 44, 47/2020
s. 26).
100 penalty units.
(2) A person must not deposit waste that is dangerous
litter other than in the circumstances specified in
subsection (5).
60 penalty units;
300 penalty units.
(3) A person must not deposit waste of more than
50 litres but not more than 1000 litres other than
in the circumstances specified in subsection (5).
100 penalty units;
500 penalty units.
(4) A person must not deposit waste of more than
1000 litres other than in the circumstances
specified in subsection (5).
240 penalty units;
1200 penalty units.

139
No. 51 of 2017
(5) A person does not contravene subsection (1), (2),

(3) or (4), as the case requires, if the person—
(a) deposits the waste in or on premises or a
place that—
(i) is provided for the deposit of waste;
and
(ii) is appropriate for waste of that size,
shape, nature or volume; or
(b) deposits the waste in or on premises or a
place in such a way that it cannot leave the
premises or place without human assistance
and the person—
(i) owns, controls or is in possession of the
premises or place; or
(ii) is acting with the express consent of
another person who owns, controls or is
in possession of the premises or place;
or
(c) is authorised to deposit the waste as the case
requires, by or under an Act or a
Commonwealth Act; or
(d) deposits the waste as a consequence of a
lawful activity and it is not reasonable for the
person to avoid that consequence; or
(e) accidentally deposits the waste and it is not
reasonably possible for the person to retrieve
the waste.
(6) Two or more deposits of waste in or on premises
or a place may be taken to be one deposit for the
purposes of subsection (1), (2), (3) or (4) if the 2
or more deposits constitute a connected series of
deposits.

140
No. 51 of 2017
(7) A reference in this section to the deposit of waste

includes a reference to waste that—
(a) is blown from premises or a place; or
(b) falls or escapes from premises or a place.
116 Liability of owners and drivers of vehicles in S. 116
inserted by
relation to littering of waste No. 39/2018
s. 7 (as
(1) Subject to sections 117 and 118, if waste is amended by
deposited from a vehicle contrary to section Nos 27/2019
ss 12−30,
115(1), (2), (3) or (4) the persons specified in 3/2020 ss 42–
subsection (2) are taken to have committed an 44, 47/2020
s. 26).
offence against whichever of those subsections is
applicable.
(2) For the purposes of subsection (1), the following
persons are specified—
(a) the driver of the vehicle;
(b) the registered owner of the vehicle;
(c) a person authorised by the registered owner
to use the vehicle (the authorised user) at
the time the offence was committed.
(3) Without limiting subsection (2), the registered
owner of a vehicle is taken to have committed an
offence against section 115(1), (2), (3) or (4) if—
(a) a person deposits waste at premises or a
place contrary to whichever of those
subsections is applicable; and
(b) that person was seen arriving at or leaving
the premises or place in the registered
owner's vehicle.
(4) A Court must not find a person guilty of an
offence because of the operation of this section
unless the Court is satisfied that no other person
has been found guilty of an offence constituted by
the depositing of the waste referred to in
subsection (1), (2), (3) or (4), and—

141
No. 51 of 2017
(a) it is not practicable to discover who

deposited the waste; or
(b) it is not possible to file a charge-sheet
against the person who deposited the waste;
or
(c) it is unlikely that the filing of a charge-sheet
against the person who deposited the waste
would result in a finding of guilt.
(5) If the registered owner or the authorised user of a
vehicle is taken to have committed an offence as a
result of the operation of subsection (1), a Court
must not find the registered owner or the
authorised user guilty of the offence unless the
Court is satisfied that it is not possible to file a
charge-sheet against the driver of the vehicle at
the time of the offence.
S. 117 117 Exceptions to liability of owners and drivers of
inserted by
No. 39/2018 vehicles in relation to littering of waste
s. 7 (as
amended by (1) A person specified in section 116(2) is not taken
Nos 27/2019
ss 12−30,
to have committed an offence against section
3/2020 ss 42– 115(1), (2), (3) or (4) if the waste was deposited
44, 47/2020
s. 26).
from a vehicle and—
(a) the vehicle is a train, tram, bus, ferry,
passenger vessel, passenger plane or other
public transport vehicle; and
(i) the waste was deposited by a passenger
of that vehicle; and
(ii) the vehicle was being used for a public
purpose at the time of the offence; or
(b) the vehicle is a commercial passenger
vehicle within the meaning of the
Commercial Passenger Vehicle Industry
Act 2017 and the waste was deposited by a
passenger of the commercial passenger
vehicle at the time of the offence; or

142
No. 51 of 2017
(c) the person provides a written statement in

accordance with section 118.
(2) The registered owner or the authorised user of a
vehicle is not taken to have committed an offence
against section 115(1), (2), (3) or (4) if the
registered owner's vehicle was a stolen vehicle at
the time of the offence.
118 Written statement S. 118
inserted by
(1) A person specified in section 116(2) is not taken No. 39/2018
s. 7 (as
to have committed an offence against section amended by
115(1), (2), (3) or (4) if the person provides a Nos 27/2019
ss 12−30,
written statement in accordance with this section 3/2020 ss 42–
to— 44, 47/2020
s. 26).
(a) a litter enforcement officer; or
(b) the litter authority that appointed the litter
enforcement officer referred to in paragraph
(a).
(2) A written statement under subsection (1) must—
(a) be in a form approved by the Authority; and
(b) state that the person specified in section
116(2) did not deposit the waste and either—
(i) saw another person deposit the waste;
or
(ii) did not see who deposited the waste but
reasonably believes that another person
was in or near the vehicle at the time
the waste was deposited; and
(c) contain sufficient information to identify and
locate the person referred to in paragraph
(b)(i) or (ii); and
(d) be provided within 10 business days of the
person being issued with an infringement
notice or served with a charge-sheet.

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(3) If a person specified in section 116(2) is not a

natural person, the person must provide to a litter
enforcement officer a written statement that is
made by another person who was driving the
vehicle at the time of the offence.
(4) A written statement that complies with this section
is admissible as evidence of the matters stated in it
in any proceedings.
Division 4—Removal of waste and objects or things

S. 119 119 Litter enforcement officer may request persons to
inserted by remove waste
No. 39/2018
s. 7 (as
amended by
A person who deposits waste in or on premises or
Nos 27/2019 a place must remove the waste if—
ss 12−30,
3/2020 ss 42– (a) the waste is deposited in contravention of
44, 47/2020
s. 26).
this Part or a litter enforcement officer
reasonably believes that the waste is
deposited in contravention of this Part; and
(b) the person is requested to do so by a litter
10 penalty units;
50 penalty units.
S. 120 120 Court may order person to remove waste
inserted by
No. 39/2018
s. 7 (as
(1) If a Court finds a person guilty of an offence
amended by against this Part, the Court may—
Nos 27/2019
ss 12−30, (a) instead of, or in addition to, any other
penalty, order the person to do one of the
3/2020 ss 42–
44, 47/2020
s. 26). following actions within a specified time and
under the supervision of a person nominated
by the Court (the supervisor)—
(i) to clear away and remove waste
deposited by the person;

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(ii) to clear away and remove waste

deposited in or on any land or waters;
or
(b) in addition to any other penalty, order the
person to pay a sum of compensation for the
removal of the waste to another person who,
or a body which, has management or control
of the land or waters where the offence
occurred.
(2) In addition to an order made under subsection
(1)(a), the Court may also order that if the person
contravenes the order made under subsection
(1)(a), the person must pay a fine of not more than
40 penalty units.
(3) The following apply to an order made under
subsection (1)(a)—
(a) if the person complies with the order—the
supervisor must send a statement to that
effect to the person;
(b) if the person contravenes the order—the
Court may, on the application of the
supervisor—
(i) issue a summons requiring the person
to show cause as to why the fine
referred to in subsection (2) should not
be imposed on the person; and
(ii) make any order under this Act which it
considers appropriate in respect of the
person.
(4) An order made under subsection (1)(b) to pay a
sum of compensation is to be treated as a debt due
to a person who, or a body which, has
management or control of the land or waters
where the offence occurred.

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S. 121 121 Waste abatement notice

inserted by
No. 39/2018 (1) The Authority, any other litter authority or a litter
s. 7 (as
amended by
enforcement officer may issue a person with a
Nos 27/2019 waste abatement notice if the Authority, the litter
ss 12−30,
3/2020 ss 42–
authority or the litter enforcement officer (as the
44, 47/2020 case requires) reasonably believes that the
s. 26). person—
(a) has deposited waste or any other object or
thing in or on premises or a place that causes
risks of harm to human health or the
environment; or
(b) has deposited waste or any other object or
thing in or on premises or a place in such a
way as to make the premises or place
disorderly or detrimentally affect its proper
use; or
(c) has engaged in or proposes to engage in an
activity—
(i) that causes, or is likely to cause, the
deposit of waste in contravention of this
Part; or
(ii) that causes, or is likely to cause, the
deposit of waste or any other thing in a
way that makes, or is likely to make,
premises or a place disorderly or
detrimentally affect its proper use; or
(d) has deposited waste in contravention of this
Part.
(2) Despite subsection (1), a litter authority (other
than the Authority) must not issue a waste
abatement notice under that subsection unless the
deposit of waste, object or thing or activity occurs
on or in relation to land or waters of which the
litter authority has management or control.

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(3) A waste abatement notice in relation to waste or

an object, thing or activity may require the person
to whom it is issued to take one or more of the
following actions—
(a) to remove or dispose of the waste or the
object or thing within a specified time or in a
specified manner;
(b) to restore any premises or place affected by
the waste or the object, thing or activity to a
state as close as practicable to the state it was
in immediately before the waste or the object
or thing was deposited or the activity was
engaged in;
(c) to modify the way in which the person
engages in the activity;
(d) to do, or not do, specified things to ensure
that the person does not contravene this Part
within a specified time or in a specified
manner;
(e) to take any other action in relation to the
waste or the object, thing or activity that is
specified in the notice within a specified time
or in a specified manner.
(4) A waste abatement notice must—
(a) specify the name and address of the person
to whom the notice is issued; and
(b) state the grounds on which the notice is
issued; and
(c) specify the actions that the person must take
to comply with the notice; and
(d) specify the period within which the person
must comply with the notice; and
(e) set out the penalty for failing to comply with
the notice.

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(5) A person must not, without reasonable excuse,

refuse or fail to comply with a waste abatement
notice issued under subsection (1).
40 penalty units;
200 penalty units.
(6) If a person referred to in subsection (1) has
deposited waste at a place or on premises in
contravention of this Part and cannot be located,
the Authority, any other litter authority or a litter
enforcement officer may, by written notice, direct
the occupier of the place or premises to remove or
dispose of the waste within the time specified in
the notice.
(7) An occupier who receives a notice under
subsection (6) must comply with that notice,
unless the occupier has a reasonable excuse.
40 penalty units;
200 penalty units.
(8) The Authority, any other litter authority or a litter
enforcement officer may vary or revoke a waste
abatement notice issued under subsection (1) at
any time by serving a written notice of variation
or revocation on the person to whom the waste
abatement notice applies.
(9) A reference under this section to an object or thing
does not include a reference to a fixture.

148
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122 Litter authority may take action following failure to S. 122

comply with waste abatement notice inserted by
No. 39/2018
(1) If a person fails to comply with a waste abatement s. 7 (as
amended by
notice issued under section 121(1) or a notice Nos 27/2019
issued under section 121(6), the Authority or a ss 12−30,
3/2020 ss 42–
litter authority may remove or dispose of the 44, 47/2020
waste or the object or thing. s. 26).
(2) The Authority or other litter authority may recover

any reasonable costs incurred by it in taking
action under this section.
(3) The reasonable costs referred to in subsection (2)
are to be treated as a debt due to the Authority or
other litter authority that is payable by a person
who fails to comply with a waste abatement notice
or a notice under section 121(6).
(4) Subsection (3) does not apply if an occupier fails
to comply with a notice under section 121(6)
because the occupier has a reasonable excuse.
123 Occupier may recover cost of removing waste S. 123
inserted by
(1) An occupier of a place or premises may recover No. 39/2018
s. 7 (as
any reasonable costs in complying with a notice amended by
under section 121(6), including any reasonable Nos 27/2019
ss 12−30,
costs incurred by the occupier in taking action 3/2020 ss 42–
under this section. 44, 47/2020
s. 26).
(2) The reasonable costs referred to in subsection (1)
are to be treated as a debt due to the occupier that
is payable by a person who deposited the waste or
the object or thing.

149
No. 51 of 2017
Division 5—Powers of litter enforcement officers

and other matters
S. 124 124 Powers of entry of litter enforcement officers
inserted by
No. 39/2018 For the purposes of performing a function or duty
s. 7 (as
amended by
or exercising a power under this Part, a litter
Nos 27/2019 enforcement officer may enter a part of premises
ss 12−30,
3/2020 ss 42–
or a place, at any reasonable time, if—
44, 47/2020
s. 26).
(a) that part is not being used as residential
premises; and
(b) the officer reasonably believes that an
offence against section 115(1), (2), (3) or (4)
or section 121(5) or (7) is being, or is likely
to be, committed at any part of the premises
or place that is not being used for residential
premises.
S. 125 125 Litter enforcement officer may ask person's name
inserted by
No. 39/2018 and address
s. 7 (as
amended by (1) If a litter enforcement officer reasonably believes
Nos 27/2019
ss 12−30,
that a person is committing, is likely to commit or
3/2020 ss 42– has committed an offence under this Part, the
44, 47/2020
s. 26).
officer may request the person to state the person's
name and ordinary place of residence or business.
(2) In making a request of a person under subsection
(1), a litter enforcement officer must—
(a) inform the person of the reasons for the
officer's reasonable belief; and
(b) give the person sufficient information to
enable the person to understand the nature of
the offence the officer reasonably believes
that the person is likely to commit or has
committed.

150
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(3) A natural person must not, without reasonable

excuse, fail to comply with a request made under
subsection (1).
Penalty: 20 penalty units.
(4) A natural person must not, in response to a request
under subsection (1), state—
(a) a false name; or
(b) an address that is not the person's ordinary
place of residence or business.
(5) If a litter enforcement officer reasonably believes
that a person has stated a false name or address in
response to a request under subsection (1), the
officer may request that the person produce proof
of the person's name or address.
(6) A natural person must not, without reasonable
excuse, fail to comply with a request made under
subsection (5).
(7) A person does not contravene subsection (3) or (6)
if, at the time of making a request under
subsection (1) or (5) (as the case requires), a litter
enforcement officer does not inform the person
that it is an offence to fail to comply with the
officer's request.
126 Litter enforcement officer to produce proof of S. 126
inserted by
identity and official status No. 39/2018
s. 7 (as
While exercising a power under this Part, a litter amended by
enforcement officer must produce proof of the Nos 27/2019
ss 12−30,
officer's identity and official status if requested to 3/2020 ss 42–
do so. 44, 47/2020
s. 26).

151
No. 51 of 2017
S. 127 127 Waste information gathering notice

inserted by
No. 39/2018 (1) This section applies to a person that a litter
s. 7 (as
amended by
enforcement officer reasonably believes—
Nos 27/2019
ss 12−30,
(a) previously had possession of waste; or
(b) was responsible for commissioning the
3/2020 ss 42–
44, 47/2020
s. 26). production or distribution of, material that
became waste.
(2) For the purposes of performing a function or duty
or exercising a power under this Part, the litter
enforcement officer may issue a waste
information gathering notice on the person
requiring the person to provide to the litter
enforcement officer any relevant information or
the class of information in relation to the waste
specified in the notice.
refuse or fail to comply with a waste information
gathering notice issued under subsection (2).
10 penalty units;
50 penalty units.
(4) Subsection (3) does not apply if the information
sought by a waste information gathering notice is
not within the person's knowledge or in the
person's possession.
(5) If the information sought by a waste information
gathering notice is not within the person's
knowledge or in the person's possession, the
person must advise the litter enforcement officer
of this if requested to do so by the litter

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(6) A person must provide the information sought by

a waste information gathering notice in writing if
requested to do so by the litter enforcement
officer.
(7) A person who fails to comply with a request of the
litter enforcement officer under subsection (5) or
(6) is taken to have committed an offence against
subsection (3).
(8) A reference to waste in this section and section
128 includes a reference to any substance that
constitutes waste, regardless of whether that
substance was waste at the time it was in the
person's possession.
128 Form of waste information gathering notice S. 128
inserted by
(1) A waste information gathering notice must— No. 39/2018
s. 7 (as
amended by
Nos 27/2019
to whom the notice is issued; and ss 12−30,
3/2020 ss 42–
(b) state the grounds on which the notice is 44, 47/2020
s. 26).
issued; and
the notice.
(2) A waste information gathering notice may request
the following information—
(a) how, when and where the waste came into or
left the person's possession;
(b) if the waste has left the person's
possession—the name and address of another
person who currently has possession of the
waste;

153
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(c) the name and address of another person who

was involved in commissioning the
production or distribution of material that
became waste.
S. 129 129 Extension of time under waste information
inserted by
No. 39/2018 gathering notice
s. 7 (as
amended by A litter enforcement officer may, by written notice
Nos 27/2019
ss 12−30,
given to the person to whom a waste information
3/2020 ss 42– gathering notice has been issued—
44, 47/2020
s. 26). (a) extend the period for complying with the
notice, if the litter enforcement officer is
satisfied that the circumstances of the case
justify an extension; and
(b) revoke or amend a requirement specified in
the notice.
S. 130 130 Court orders
inserted by
No. 39/2018
s. 7 (as
(1) A litter enforcement officer may apply to the
amended by Court for an order compelling a person to comply
Nos 27/2019
ss 12−30,
with a waste information gathering notice.
(2) A litter enforcement officer may apply for an
3/2020 ss 42–
44, 47/2020
s. 26). order under subsection (1) whether or not a
proceeding has been commenced for an offence
against this Act or the regulations.
S. 131 131 Reports of littering offences to Authority or council
inserted by
No. 39/2018
s. 7 (as
(1) A person who sees another person committing an
amended by offence under this Part may inform the Authority
Nos 27/2019
ss 12−30,
or the relevant council of this by giving the
3/2020 ss 42– Authority or the council (as the case requires) a
44, 47/2020
s. 26).
signed written report containing—
(a) the date, approximate time and place of the
offence; and
(b) the nature of the waste; and

154
No. 51 of 2017
(c) any evidence of the identity of the person

who is alleged to have committed the
offence.
(2) On receiving a written report under subsection (1),
the Authority or the council may take further
action against the person who is alleged to have
committed the offence.
132 Offence to supply false or misleading information S. 132
inserted by
(1) A person must not provide false or misleading No. 39/2018
s. 7 (as
information or documents to any person or body amended by
in connection with— Nos 27/2019
ss 12−30,
(a) a written statement under section 118; or
3/2020 ss 42–
44, 47/2020
s. 26).
(b) a notice under section 127(2); or
(c) a report under section 131.
an offence.
40 penalty units;
200 penalty units.

155
No. 51 of 2017
Part 6.4—Duties relating to industrial waste
Pt 6.4
(Heading and
ss 133–137)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 133 133 Duties of persons depositing industrial waste

inserted by
No. 39/2018
s. 7 (as
(1) A person must not deposit or abandon industrial
amended by waste at a place or premises, unless the place or
Nos 27/2019
ss 12−30,
premises is authorised to receive industrial waste.
3/2020 ss 42–
44, 47/2020
Note
s. 26). See section 3(1) for the definition of authorised to receive
industrial waste.
(2) A person must not deposit industrial waste at a
place or premises that is authorised to receive
industrial waste without obtaining the consent
of—
(a) the holder of the permission authorising the
place or premises to receive industrial waste;
or
(b) the occupier or person in management or
control of the place or premises.
Note
Section 314 provides that subsections (1) and (2) are civil
penalty provisions. The penalties for contravention of these
civil penalty provisions are set out in the table in section
314.

156
No. 51 of 2017
(3) A person who contravenes subsection (1) or (2)

commits an offence.
2000 penalty units;
offence.
Note
134 Duties of persons receiving industrial waste S. 134
inserted by
(1) A person in management or control of a place or No. 39/2018
s. 7 (as
premises must not receive industrial waste at the amended by
place or premises, unless the place or premises is Nos 27/2019
ss 12−30,
authorised to receive industrial waste. 3/2020 ss 42–
44, 47/2020
Note s. 26).

an offence.
2000 penalty units;
offence.
Note

157
No. 51 of 2017
S. 135 135 Duty of persons involved in transporting industrial

inserted by waste
No. 39/2018
s. 7 (as
amended by
(1) This section applies to a person who has the
Nos 27/2019 management or control of industrial waste and
ss 12−30,
3/2020 ss 42–
who proposes to relinquish management or
44, 47/2020 control of the industrial waste to another person
s. 26). for the purposes of transporting the industrial
waste.
(2) Before relinquishing management or control of
the industrial waste, the person must take all
reasonable steps to ensure that the industrial waste
is or will be—
(a) transported to a place or premises that is
authorised to receive industrial waste; and
(b) received at a place or premises that is
authorised to receive industrial waste.
Note
an offence.
2000 penalty units;
offence.
Note
(5) For the purposes of subsection (2), taking
reasonable steps includes (but is not limited to)
the following—

158
No. 51 of 2017
(a) identifying and classifying the industrial

waste;
(b) providing to a person who is collecting,
consigning, transferring or transporting the
industrial waste sufficient information
regarding the industrial waste to enable
transportation to a place or premises that is
authorised to receive industrial waste;
(c) verifying that a place or premises that is
proposed to receive industrial waste is
authorised to receive industrial waste.
(6) For the purposes of subsection (2), a place or
premises in another State or Territory of the
Commonwealth is authorised to receive industrial
waste if the industrial waste may be transported
to, and received at, the place or premises under the
law of the State or Territory in which the place or
premises is located.
136 Repeat industrial waste offenders S. 136
inserted by
If— No. 39/2018
s. 7 (as
(a) a natural person commits an offence (the
amended by
Nos 27/2019
current offence) against section 133(3), ss 12−30,
134(2) or 135(3); and
3/2020 ss 42–
44, 47/2020
s. 26).
(b) during the 5 years before the commission of
the current offence, the person has been
convicted of an offence (the relevant
offence) against section 133(3), 134(2) or
135(3)—
a Court may impose a penalty of up to 2 years
imprisonment in addition to, or in place of, the
penalty included in section 133(3), 134(2) or
135(3).

159
No. 51 of 2017
S. 137 137 Offence to supply false or misleading information or

inserted by conceal information in connection with industrial
No. 39/2018
s. 7 (as waste
amended by
Nos 27/2019 (1) A person who has the management or control of
ss 12−30,
3/2020 ss 42–
industrial waste must not—
44, 47/2020
s. 26).
(a) provide false or misleading information or
documents to the Authority or any other
person or body in connection with—
(i) the type, properties and classification of
the industrial waste; or
(ii) the risks of harm to human health or the
environment from the industrial waste;
or
(b) conceal information or documents from the
Authority or any other person or body in
connection with—
(i) the type, properties and classification of
the industrial waste; or
(ii) the risks of harm to human health or the
environment from the industrial waste;
or
(c) falsely represent to the Authority or any
other person or body that the person is
authorised to receive industrial waste; or
(d) provide false or misleading information in a
document required to be provided by the
person under this Part or the regulations.
Note

160
No. 51 of 2017

an offence.
500 penalty units;
2500 penalty units.
offence.
Note

161
No. 51 of 2017
Part 6.5—Duties and controls relating to priority waste
Pt 6.5
(Heading and
Part 6.5—Duties and controls relating to
ss 138–143)
inserted by
priority waste
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 138 138 What is priority waste?

inserted by
No. 39/2018
s. 7 (as
Priority waste is any waste, including municipal
amended by waste and industrial waste, that is prescribed to be
Nos 27/2019
ss 12−30,
priority waste for the purposes of—
(a) eliminating or reducing risks of harm to
3/2020 ss 42–
44, 47/2020
s. 26). human health or the environment posed by
the waste; or
(b) ensuring the priority waste is managed in
accordance with this Part; or
(c) facilitating waste reduction, resource
recovery and resource efficiency.
S. 139 139 Duties of persons managing priority waste
inserted by
No. 39/2018
s. 7 (as
(1) A person who has the management or control of
amended by priority waste must classify the priority waste in
Nos 27/2019
ss 12−30,
accordance with this Act and the regulations.
(2) A person who has the management or control of
3/2020 ss 42–
44, 47/2020
s. 26). priority waste must take all reasonable steps to
ensure that—
(a) the priority waste is contained in a manner
that prevents its escape; and
(b) the priority waste is isolated in a manner that
ensures resource recovery remains
practicable; and

162
No. 51 of 2017
(c) a person who collects, consigns, transfers or

transports the priority waste is provided the
following, where reasonably available—
(i) information regarding the nature and
type of the priority waste;
(ii) information regarding any risks of harm
to human health or the environment that
exist in relation to the priority waste;
(iii) any other information that can
reasonably be expected to be necessary
for the person to comply with a duty in
relation to the priority waste under this
Act.
Note
Section 314 provides that subsections (1) and (2) are civil
penalty provisions. The penalties for contravention of these
civil penalty provisions are set out in the table in section
314.
(3) A person who contravenes subsection (1) or (2)
commits an offence.
120 penalty units;
600 penalty units.
140 Duty to investigate alternatives to waste disposal S. 140
inserted by
(1) A person who has the management or control of No. 39/2018
s. 7 (as
priority waste must— amended by
Nos 27/2019
(a) take all reasonable steps to identify and ss 12−30,
assess alternatives to waste disposal for the
3/2020 ss 42–
44, 47/2020
priority waste, including— s. 26).
(i) reuse and recycling of the priority

waste; and

163
No. 51 of 2017
(ii) if the person produced or generated the

priority waste, avoiding producing or
generating similar priority waste in the
future; and
(b) have regard to the following in making a
decision relating to management of the
priority waste—
(i) alternatives to waste disposal identified
and assessed under paragraph (a);
(ii) any guidelines issued by the Authority
relating to alternatives to waste disposal
for that type of priority waste;
(iii) the objects of this Chapter.
(2) For the purposes of subsection (1)(a), taking
reasonable steps includes (but is not limited to)
the following—
(a) considering any guidelines issued by the
Authority relating to alternatives to waste
disposal for that type of priority waste;
(b) considering any other relevant guidelines or
publications;
(c) considering the availability of any relevant
technology used in resource recovery;
(d) consulting a person or body with relevant
expertise relating to alternatives to waste
disposal for that type of priority waste.
S. 141 141 Guidelines for alternatives to waste disposal
inserted by
No. 39/2018
s. 7 (as
(1) The Authority may issue guidelines setting out
amended by alternatives to waste disposal for a type of priority
Nos 27/2019
ss 12−30,
waste.
(2) The Authority must consult with Sustainability
3/2020 ss 42–
44, 47/2020
s. 26). Victoria before issuing guidelines under this
section.

164
No. 51 of 2017
(3) The Authority must cause to be published

guidelines issued under this section—
(a) in the Government Gazette; and
(b) on the Internet site of the Authority.
142 Duty to notify of transaction in reportable priority S. 142
inserted by
waste No. 39/2018
s. 7 (as
(1) A person undertaking a prescribed transaction in amended by
connection with reportable priority waste must— Nos 27/2019
ss 12−30,
(a) record the prescribed transaction details in
3/2020 ss 42–
44, 47/2020
the prescribed manner and form; and s. 26).
(b) provide the prescribed transaction details to a

prescribed person in the prescribed manner
and form.
Note
The Governor in Council may make regulations prescribing
additional controls for particular types of priority waste,
including reportable priority waste.
an offence.
240 penalty units;
1200 penalty units.
143 Duty of persons transporting reportable priority S. 143
inserted by
waste No. 39/2018
s. 7 (as
(1) A person must not— amended by
Nos 27/2019
(a) transport reportable priority waste other than ss 12−30,
in accordance with a permission; or
3/2020 ss 42–
44, 47/2020
s. 26).

165
No. 51 of 2017
(b) cause or permit the transport of reportable

priority waste other than where the
reportable priority waste is transported in
accordance with a permission.
Notes
The Governor in Council may make regulations prescribing
additional controls for particular types of priority waste,
including reportable priority waste.
an offence.
240 penalty units;
1200 penalty units.
(3) It is a defence to a charge for an offence
constituted by a contravention of subsection (1)(b)
if a person took all reasonable steps to prevent a
contravention of that subsection.
(4) For the purposes of subsection (1)(b), causing or
permitting the transport of reportable priority
waste includes consigning reportable priority
waste for transport.
Note
Section 68 deals with exemptions from a requirement to
hold a permission in connection with the transport of
reportable priority waste.

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Part 6.6—Waste levy scheme
Part 6.6—Waste levy scheme Pt 6.6

(Heading and
ss 144–152)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
144 Definitions S. 144

inserted by
s. 7 (as
liable person means a person who—
amended by
Nos 27/2019
ss 12−30,
(a) holds a permission that requires or 3/2020 ss 42–
authorises the person to carry out a 44, 47/2020
s. 26).
prescribed levy activity on premises
subject to the waste levy; or
(b) does not hold a permission that requires
or authorises the person to carry out a
prescribed levy activity on premises
subject to the waste levy but should
have held a permission for the
prescribed levy activity;
premises subject to the waste levy means premises
at which a prescribed levy activity is
conducted.
145 Requirement to pay waste levy S. 145
inserted by
(1) A liable person must pay to the Authority a waste No. 39/2018
s. 7 (as
levy for each tonne of waste (other than priority amended by
waste) that is received at premises subject to the Nos 27/2019
ss 12−30,
waste levy. 3/2020 ss 42–
44, 47/2020
(2) A liable person must pay to the Authority a waste s. 26).
levy for each tonne of priority waste that is
received at premises subject to the waste levy.

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(3) Subject to subsection (4), the amount of the waste

levy payable under subsections (1) and (2) is the
amount specified in Schedule 2 for the relevant
premises, period, type and category of waste.
(4) The amount of the waste levy payable under
subsection (2) for priority waste (other than
Category A waste, Category B waste, Category C
waste, Category D waste or packaged waste
asbestos)—
(a) is an amount—
(i) prescribed by the regulations; and
(ii) that is not more than the amount of the
waste levy payable for Category C
waste specified in Table 2 of Schedule
2 for that period; or
(b) if no amount is prescribed by the regulations,
is an amount that would be payable under
Table 1 of Schedule 2 as if the waste that is
received was not priority waste.
(5) The waste levy must be paid to the Authority in
accordance with section 147.
S. 146 146 Minister may waive the requirement to pay waste
inserted by
No. 39/2018 levy
s. 7 (as
amended by (1) The Minister may waive the requirement to pay a
Nos 27/2019
ss 12−30,
waste levy under section 145 for the purposes
3/2020 ss 42– of—
44, 47/2020
s. 26). (a) the disposal of waste generated from a
temporary emergency; or
(b) the temporary relief of a public nuisance or a
community hardship.
(2) A waiver under subsection (1) may specify—
(a) the area to which it applies; and

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(b) the waste or types and categories of waste to

which it applies; and
(c) the premises subject to the waste levy to
which it applies; and
(d) the period of time (not exceeding 120 days)
for which the waiver applies; and
(e) any conditions on the waiver that the
Minister considers appropriate.
(3) A waiver must be published in the Government
Gazette.
(4) If a liable person fails to comply with a condition
on a waiver—
(a) the waiver has no effect in relation to the
liable person; and
(b) the Authority may take appropriate action
against the person under section 152.
(5) A waiver takes effect on—
(a) the day on which it is published in the
Government Gazette under subsection (3); or
(b) any other day specified in the waiver.
147 Payment of waste levy to the Authority S. 147
inserted by
A liable person must— No. 39/2018
s. 7 (as
(a) calculate in accordance with section 145 and
amended by
Nos 27/2019
the regulations, the amount of the waste levy ss 12−30,
payable; and
3/2020 ss 42–
44, 47/2020
s. 26).
(b) deduct from the amount under paragraph (a)
any prescribed allowable rebate; and
(c) if, after deducting any prescribed allowable
rebate from the amount under paragraph (a),
the resulting amount is a positive amount,
pay that amount to the Authority within the
prescribed time or at prescribed intervals.

169
No. 51 of 2017
S. 148 148 Calculation of levy that results in negative amount

inserted by
No. 39/2018 (1) If a liable person's calculation of the amount of the
s. 7 (as
amended by
waste levy payable, less any prescribed allowable
Nos 27/2019 rebate, under section 147 results in a negative
ss 12−30,
3/2020 ss 42–
amount, the Authority must, within 21 business
44, 47/2020 days of receiving the prescribed information
s. 26). referred to in section 150, pay that amount to the
liable person.
(2) The Authority is not liable to pay any interest in
respect of any amount that it is required to pay
under this section.
(3) If the Authority has commenced an assessment
under section 151, the time in which the Authority
must pay an amount under subsection (1) does not
include the period from the date that the Authority
commences the assessment until the date on which
the Authority completes the assessment.
S. 149 149 Agreement to offset amount owing
inserted by
No. 39/2018
s. 7 (as
(1) This section applies if a liable person is owed an
amended by amount from the Authority under section 148.
Nos 27/2019
ss 12−30, (2) A liable person and the Authority may agree that
the amount owed to the liable person is to be
3/2020 ss 42–
44, 47/2020
s. 26). deducted from any future payment that the liable
person makes to the Authority instead of being
paid by the Authority in accordance with section
148(1).
S. 150 150 Requirement to provide prescribed information
inserted by
No. 39/2018 regarding calculations of waste levy and allowable
s. 7 (as rebates to Authority
amended by
Nos 27/2019
ss 12−30,
(1) A liable person must provide to the Authority—
(a) the prescribed information detailing how the
3/2020 ss 42–
44, 47/2020
s. 26). amount of the waste levy payable was
calculated under section 147; and

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(b) the prescribed information detailing how any

prescribed allowable rebate was calculated;
and
(c) any other prescribed information.
(2) The information referred to in subsection (1) must
be provided to the Authority—
(a) in a form approved by the Authority; and
(b) at the time of making a payment to the
Authority under section 147 or at any other
prescribed time.
151 Assessment by the Authority of waste levy liability S. 151
inserted by
(1) The Authority may, at any time— No. 39/2018
s. 7 (as
(a) assess a liable person's calculations of—
amended by
Nos 27/2019
ss 12−30,
(i) the amount of the waste levy payable; 3/2020 ss 42–
and 44, 47/2020
s. 26).
(ii) any prescribed allowable rebate; or
(b) assess any other matter that is relevant to
determining a liable person's liability to pay
the waste levy.
(2) If the Authority conducts an assessment under
subsection (1), the Authority must, as soon as
practicable—
(a) notify the liable person of the assessment;
and
(b) issue a notice of assessment to the liable
person after the Authority completes the
assessment.
(3) A notice of assessment must include—
(a) the Authority's calculation of the amount of
the waste levy payable by the liable person;
and

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(b) the Authority's calculation of any prescribed

allowable rebate; and
(c) if the Authority's calculations under
paragraph (a) or (b) differ from any
calculations provided by the liable person,
the Authority's assessment of any amount
owed by the liable person or owing to the
liable person; and
(d) any other prescribed information.
(4) In conducting an assessment, the Authority must
have regard to any amount that the liable person
has already paid to the Authority under
section 147.
(5) In conducting an assessment, the Authority may—
(a) seek any information it sees fit to verify any
information provided by the liable person
under section 150(1) or any other relevant
matter; or
(b) conduct an audit or cause an audit to be
conducted of the information provided by the
liable person under section 150(1) or any
other relevant matter.
(6) If, after completing an assessment, the Authority
determines that an amount is owed by the liable
person under this Part, the Authority may require,
under a notice of assessment, that the liable person
pay that amount within 21 business days from the
date the notice of assessment is issued.
(7) If, after completing an assessment, the Authority
determines that an amount is owing to the liable
person under this Part—
S. 151(7)(a)
substituted by
(a) if section 148(3) applies, the Authority must
No. 36/2022 pay the amount to the liable person within
s. 46. the time required by section 148; or

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(b) if section 148(3) does not apply, the

Authority must pay the amount to the liable
person within 21 business days from the date
the notice of assessment is issued.
152 Rights and powers of the Authority if waste levy is S. 152
inserted by
not paid No. 39/2018
s. 7 (as
(1) If a liable person fails to comply with section 150, amended by
the Authority may suspend the permission or part Nos 27/2019
ss 12−30,
of the permission held by the liable person as it 3/2020 ss 42–
relates to premises subject to the waste levy, until 44, 47/2020
s. 26).
the liable person provides the information
required under section 150 to the Authority.
(2) If a liable person fails to pay to the Authority any
amount required under this Part when it is due, the
Authority may—
(a) suspend the permission or part of the
permission held by the person as it relates to
premises subject to the waste levy and in
respect of which the amount is due, until the
person pays that amount (including any
accrued interest) to the Authority; or
(b) recover the amount (including any accrued
interest) in the Magistrates' Court as a debt
due to the Authority, at any time after the
payment is due.
(3) Interest is to accrue on any amount required to be
paid under this Part from the date it falls due at
the annual rate fixed from time to time under
section 2 of the Penalty Interest Rates Act 1983.
(4) The jurisdictional limit for a civil proceeding
specified under section 100(1) of the Magistrates'
Court Act 1989 does not apply to an order made
by the Magistrates' Court under this section.

173
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(5) Any outstanding amount required to be paid under

this Part by a liable person is a charge on the land
held by the liable person.

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No. 51 of 2017
Chapter 7—Environmental management Ch. 7

(Headings
and ss 153–
177)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
Pt 7.1
s. 153)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).

inserted by
s. 7 (as
Chapter. amended by
Nos 27/2019
(2) Part 7.2 enables a substance to be declared to be ss 12−30,
an environmentally hazardous substance and
3/2020 ss 42–
44, 47/2020
provides for the making of orders to prohibit, s. 26).
control or regulate environmentally hazardous
substances.
(3) Part 7.3 provides for the making of orders
requiring the managers of land or infrastructure,
for the purposes of preventing or minimising risk
of harm to human health or the environment from
pollution or waste—
(a) to take specified actions in relation to the
land or infrastructure; or
(b) to take specified matters into account in
relation to the land or infrastructure; or

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(c) to comply with a specified document, code,

standard or rule in relation to the land or
infrastructure.
(4) Part 7.4 enables the Authority to authorise a
temporary discharge, emission, deposit, storage,
treatment or handling of waste in the case of a
temporary emergency, a public nuisance or other
specified circumstances.
(5) Part 7.5 enables an order to be made declaring an
issue to be an issue of environmental concern and
specifying the persons or class of persons required
to address that issue.
(6) Part 7.6 prohibits the emission of unreasonable
and aggravated noise.

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No. 51 of 2017
Part 7.2—Environmentally hazardous substances
Part 7.2—Environmentally hazardous Pt 7.2

(Heading and
substances ss 154, 155)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
154 Orders relating to environmentally hazardous S. 154

inserted by
substances No. 39/2018
s. 7 (as
(1) The Governor in Council, on the recommendation amended by
of the Minister, may by Order published in the Nos 27/2019
ss 12−30,
Government Gazette— 3/2020 ss 42–
44, 47/2020
(a) declare a substance to be an environmentally s. 26).
hazardous substance; and
(b) prohibit, control or regulate that substance.
(2) The Minister must not recommend that the
Governor make an Order under subsection (1)
unless the Minister is satisfied that the substance
that is the subject of the Order is—
(a) highly hazardous; or
(b) poses a serious risk of harm to human health
or the environment.
(3) An Order made under subsection (1)—
(a) must specify the substance that is the subject
of the order; and
(b) must declare that substance to be an
environmentally hazardous substance; and
(c) may specify that the order applies to a
specified area or class of person or body; and
(d) may impose specified notification and
reporting requirements on persons or bodies
that produce, store, treat, handle, use, supply,

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transport, recycle, reuse or dispose of that

substance; and
(e) may prohibit or impose requirements on the
production, storage, treatment, handling, use,
supply, transport, recycling, reuse or disposal
of the substance, either generally or subject
to conditions; and
(f) may impose requirements on the testing,
assessment or detection of the substance,
either generally or subject to conditions; and
(g) may adopt, with or without modification, the
whole or part of any national standard or
code or other standard or code related to the
substance; and
(h) may require a financial assurance from
persons or bodies that produce, store, treat,
handle, use, supply, transport, recycle, reuse
or dispose of the substance; and
(i) may contain any prescribed information.
(4) An Order under subsection (1) may provide in a
specified case or class of case for the exemption
of persons or things or a class of persons or things
from any of the provisions of the Order, whether
unconditionally or on specified conditions and
either wholly or to the extent specified.
S. 155 155 Failure to comply with Orders relating to
inserted by
No. 39/2018 environmentally hazardous substances
s. 7 (as
amended by (1) A person to whom an Order made under section
Nos 27/2019
ss 12−30,
154(1) applies must comply with that Order.
3/2020 ss 42–
44, 47/2020
2500 penalty units.

178
No. 51 of 2017
Note
(2) An offence against subsection (1) is an indictable
offence.
Note

179
No. 51 of 2017
Part 7.3—Obligations for managers of land or infrastructure
Pt 7.3
(Heading and
Part 7.3—Obligations for managers of land
s. 156)
inserted by
or infrastructure
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 156 156 Obligations of managers of land or infrastructure

inserted by
No. 39/2018
s. 7 (as
(1) The Governor in Council may by Order published
amended by in the Government Gazette, for the purposes of
Nos 27/2019
ss 12−30,
minimising risks of harm to human health or the
3/2020 ss 42– environment from pollution or waste, require a
44, 47/2020
s. 26).
council, public sector body or infrastructure
manager—
(a) to take a specified action in relation to land
or infrastructure managed, operated or
controlled by that council, public sector body
or infrastructure manager; or
(b) to take into account a specified matter when
managing land, managing or operating
infrastructure or planning the management of
land or infrastructure; or
(c) to comply with a specified document, code,
standard or rule, subject to any modification
specified in the order, when managing land,
managing or operating infrastructure or
planning the management of land or
infrastructure.

180
No. 51 of 2017
(2) Without limiting subsection (1), an Order under

that subsection may—
(a) apply to a specified council, public sector
body or infrastructure manager or to a
specified class of council, public sector body
or infrastructure manager; or
(b) specify the land or infrastructure in relation
to which the order applies; or
(c) apply, adopt or incorporate, with or without
modification, any matter contained in any
document, code, standard or rule formulated,
issued, prescribed or published—
(i) as in force at a particular time; or
(ii) as amended, formulated, issued,
prescribed or published from time to
time.
(3) An Order under subsection (1) takes effect on the
day it is published in the Government Gazette or
on any later day specified in the Order.
infrastructure includes—
(a) roads and traffic facilities and
installations; and
(b) sewerage, storm water drainage and
water supply systems; and
(c) wastewater treatment and septic tank
systems; and
(d) electricity and gas transmission and
distribution networks; and
(e) telecommunication networks; and
(f) works to improve water edges and
water quality; and

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(g) wharves, marinas and boat launching

and berthing facilities; and
(h) public transport facilities and
installations; and
(i) public parks and public spaces and
related facilities and installations;
infrastructure manager means a person or body
that—
(a) manages or operates infrastructure; or
(b) manages or controls the design,
construction or maintenance of
infrastructure.

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No. 51 of 2017
Part 7.4—Authorisation of discharges or disposal
Part 7.4—Authorisation of discharges or Pt 7.4

(Heading and
disposal ss 157, 158)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
157 Authority may authorise emergency storage, use etc. S. 157

inserted by
of waste No. 39/2018
s. 7 (as
(1) Despite anything to the contrary in or under this amended by
Act, the Authority may, on application under this Nos 27/2019
ss 12−30,
section, authorise— 3/2020 ss 42–
44, 47/2020
(a) the discharge, emission or deposit of waste s. 26).
from any place or premises into the
environment; or
(b) the storage, treatment, handling or disposal
of waste on or from any place or premises.
(2) The Authority must not grant an authorisation
under this section unless it is satisfied that the
authorised activity will not have significant
adverse effects on human health or the
environment, and that the authorisation is for the
purposes of—
(a) meeting a temporary emergency; or
(b) providing for the temporary relief of a public
nuisance or community hardship; or
(c) enabling the commissioning, repair,
decommissioning or dismantling of any item
of plant or equipment.
(3) An authorisation under this section has no effect
unless the conditions to which it is subject are
complied with.

183
No. 51 of 2017
Part 7.4—Authorisation of discharges or disposal
(4) An application for an authorisation under this

section—
(a) must be made in the manner and form
approved by the Authority; and
(b) must be accompanied by the prescribed fee
(if any).
(5) The Authority—
(a) must determine an application under this
section in a timely, efficient and fair manner;
and
(b) may do so with as little formality and
technicality as possible.
(6) The Authority may grant an authorisation under
this section subject to such conditions as the
Authority considers appropriate.
(7) An authorisation granted under this section is
subject to a condition that the authorised activity
must cease within the time specified in the
authorisation, being a period of no more than
120 days from the day on which the authorisation
is granted.
S. 158 158 Complying with authorisation
inserted by
No. 39/2018
s. 7 (as
A person is taken to perform a duty or satisfy an
amended by obligation under this Act if—
Nos 27/2019
ss 12−30, (a) the person has been granted an authorisation
under section 157 that provides for how the
3/2020 ss 42–
44, 47/2020
s. 26). person is to perform the duty or satisfy the
obligation; and
(b) the person complies with the authorisation to
the extent that the authorisation provides for
performing the duty or satisfying the
obligation.

184
No. 51 of 2017
Part 7.5—Issues of environmental concern
Part 7.5—Issues of environmental concern Pt 7.5

(Heading and
ss 159–164)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
159 Notice of proposed declaration and notice of S. 159

inserted by
decision No. 39/2018
s. 7 (as
(1) The Minister may propose that an issue be amended by
declared to be an issue of environmental concern Nos 27/2019
ss 12−30,
if the Minister reasonably believes that declaration 3/2020 ss 42–
would promote a purpose or an object of this Act. 44, 47/2020
s. 26).
(2) Subject to section 163, if the Minister proposes
that an issue is to be declared an issue of
environmental concern, the Minister must ensure a
notice in accordance with subsection (3) is
published—
(b) on the Internet site of the Authority; and
(c) in or on at least one other publication or
Internet site that the Minister considers
appropriate.
(a) describe the nature and scope of the issue
that is the subject of the proposed
declaration; and
(b) state the reasons for, and the objectives of,
the proposed declaration; and
(c) describe the persons or class of persons that
would be required to address the issue of
environmental concern; and

185
No. 51 of 2017
(d) describe the operation and impacts of the

proposed declaration including, but not
limited to the actions that a person or class of
persons described in paragraph (c) could take
to address the issue of environmental
concern; and
(e) invite public comments or submissions
within the time specified in the notice, being
not less than 20 business days from the
publication of the notice, as to—
(i) the need for the proposed declaration;
and
(ii) whether the persons who would be
required to address the issue of
environmental concern would consider
participating in a better environment
plan; and
(iii) alternative methods of addressing the
issue of environmental concern.
(4) After considering any comments or submissions
received under subsection (3)(e), the Minister
must ensure that a notice advising of the decision
to make or not to make the proposed declaration is
published—
(b) on the Internet site of the Authority; and
(c) in or on at least one other publication or
Internet site that the Minister considers
appropriate.
(5) Notice of a decision under subsection (4) must be
published as soon as practicable after the decision
has been made.

186
No. 51 of 2017
160 Declaration of issue of environmental concern S. 160

inserted by
(1) After notice of a decision to make a proposed No. 39/2018
declaration is published under section 159(4), the s. 7 (as
amended by
Governor in Council may by Order published in Nos 27/2019
the Government Gazette declare that the issue that ss 12−30,
3/2020 ss 42–
is the subject of the proposed declaration is an 44, 47/2020
issue of environmental concern. s. 26).
(2) An Order under subsection (1) must—

(a) describe the nature and scope of the issue
that is the subject of the declaration; and
(b) describe the operation and impacts of the
declaration including, but not limited to—
(i) the person or class of persons required
to address the issue of environmental
concern; and
(ii) actions that the person or class of
persons described in subparagraph (i)
may take to address the issue of
(c) invite the submission of a proposed better
environment plan to address the issue of
(d) set out the actions that may be taken if the
issue of environmental concern is not
addressed.
(3) On or before the sixth sitting day after an Order
has been published in the Government Gazette
under subsection (1), a copy of the Order must be
laid before each House of the Parliament.
(4) An Order may be disallowed in whole or in part
by either House of the Parliament.

187
No. 51 of 2017
S. 161 161 Amendment or revocation of declaration of issue of

inserted by environmental concern
No. 39/2018
s. 7 (as
amended by
(1) The Governor in Council may by Order published
Nos 27/2019 in the Government Gazette revoke or amend an
ss 12−30,
3/2020 ss 42–
Order under section 160(1).
44, 47/2020
s. 26).
(2) Subject to subsection (3), section 160(2), (3) and
(4) apply to an Order under subsection (1) as if an
Order under that subsection were an Order under
section 160(1).
(3) Section 160(2), (3) and (4) do not apply to an
Order under subsection (1) that—
(a) revokes an Order under section 160(1); or
(b) makes only a machinery or administrative
amendment to an Order under section
160(1).
S. 162 162 Consideration of issues of environmental concern
inserted by
No. 39/2018 when issuing remedial notices
s. 7 (as
amended by (1) This section applies if—
Nos 27/2019
ss 12−30, (a) the Authority proposes to issue a remedial
notice to a person; and
3/2020 ss 42–
44, 47/2020
s. 26).
(b) the proposed remedial notice would require
the person to carry out an action or do a
thing to minimise a risk of harm to human
health or the environment that relates to an
issue of environmental concern; and
(c) the person is required to address that issue of
environmental concern.
(2) For the purposes of determining whether to issue
the remedial notice, the Authority must take into
account any better environment plan that
addresses the issue of environmental concern.

188
No. 51 of 2017

remedial notice means—
(a) an environmental action notice; or
(b) an improvement notice; or
(c) a notice to investigate; or
(d) a prohibition notice.
163 Combination of notice of proposed declaration with S. 163
inserted by
notice of proposed statutory rule or legislative No. 39/2018
instrument s. 7 (as
amended by
(1) This section applies if— Nos 27/2019
ss 12−30,
(a) the Minister proposes that an issue is to be
3/2020 ss 42–
44, 47/2020
declared an issue of environmental concern; s. 26).
and
(b) a regulatory impact statement is prepared
under section 7 or 12E of the Subordinate
Legislation Act 1994 for a proposed
statutory rule or proposed legislative
instrument that relates to the proposed issue
of environmental concern.
(2) The notice of the proposed declaration required
under section 159(2) may be combined with the
notice required under section 11 or 12I of the
Subordinate Legislation Act 1994.
164 Combination of notices of decision S. 164
inserted by
(1) This section applies if— No. 39/2018
s. 7 (as
(a) notice of a decision to make or not make a
amended by
Nos 27/2019
proposed declaration must be published ss 12−30,
under section 159(4); and
3/2020 ss 42–
44, 47/2020
s. 26).
(b) a regulatory impact statement is prepared
under section 7 or 12E of the Subordinate
Legislation Act 1994 for a proposed
statutory rule or proposed legislative

189
No. 51 of 2017
instrument that relates to the proposed issue

of environmental concern.
(2) Notice of decision to make or not make a
proposed declaration required under section
159(4) may be combined with the notice required
under section 12 or 12J of the Subordinate
Legislation Act 1994.

190
No. 51 of 2017
Part 7.6—Control of unreasonable and aggravated noise
Part 7.6—Control of unreasonable and Pt 7.6

(Headings
aggravated noise and ss 165–
177)
inserted by
Division 1—Meaning of residential premises No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
165 Meaning of residential premises S. 165

inserted by
s. 7 (as
amended by
residential premises— Nos 27/2019
ss 12−30,
(a) means any premises used primarily for 3/2020 ss 42–
residential purposes, including but not 44, 47/2020
s. 26).
limited to the following—
(i) any land, building or
appurtenances used for or in
connection with residential
premises;
(ii) an outbuilding situated on land
used for or in connection with
residential premises; and
(b) does not include land at any time when
construction, demolition or removal of
residential premises (other than
maintenance or repair of an existing
building) is being carried out on the
land.

191
No. 51 of 2017
Division 2—Unreasonable and aggravated noise

S. 166 166 Unreasonable noise
inserted by
No. 39/2018 A person must not, from a place or premises that
s. 7 (as
amended by
are not residential premises—
Nos 27/2019
ss 12−30,
(a) emit an unreasonable noise; or
(b) permit an unreasonable noise to be emitted.
3/2020 ss 42–
44, 47/2020
s. 26).
Note
Unreasonable noise is defined in section 3(1).
S. 167 167 Unreasonable noise from residential premises
inserted by
No. 39/2018
s. 7 (as
(1) A person must not—
(a) emit an unreasonable noise from residential
amended by
Nos 27/2019
ss 12−30, premises; or
3/2020 ss 42–
44, 47/2020 (b) permit an unreasonable noise to be emitted
s. 26).
from residential premises.
120 penalty units;
600 penalty units.
(2) Without limiting subsection (1), a person is taken
to emit an unreasonable noise from residential
premises if the person uses a prescribed item,
except in a case of emergency—
(a) at any time prescribed as a prohibited time;
and
(b) if noise emitted by that item can be heard in
a habitable room in residential premises
other than premises in which the item is
being used, whether or not a window or door
in that room is open.
(3) For the purposes of subsection (2), a habitable
room means a room other than a kitchen, storage
area, bathroom, laundry, toilet or pantry.

192
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168 Aggravated noise S. 168

inserted by
A person must not emit or permit to be emitted No. 39/2018
noise that is prescribed to be aggravated noise. s. 7 (as
amended by
Penalty: In the case of a natural person, Nos 27/2019
ss 12−30,
500 penalty units; 3/2020 ss 42–
44, 47/2020
In the case of a body corporate, s. 26).
2500 penalty units.
Note
Section 314 provides that this section is a civil penalty
169 Unreasonable noise from entertainment venues S. 169
inserted by
(1) If a police officer receives a complaint from a No. 39/2018
s. 7 (as
person who lives near an entertainment venue and amended by
is aggrieved by unreasonable noise emitted from Nos 27/2019
ss 12−30,
the entertainment venue the police officer may— 3/2020 ss 42–
44, 47/2020
(a) enter the entertainment venue; and s. 26).
(b) direct any person apparently in charge of the

entertainment venue to take any action that
the police officer reasonably considers
necessary to abate the unreasonable noise.
(2) A direction under subsection (1)(b)—
(a) given before midnight takes effect at
midnight and remains in force until 8 o'clock
in the morning; or
(b) given after midnight takes effect
immediately and remains in force until
8 o'clock in the morning.

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(3) A person must comply with a direction given to

the person under subsection (1)(b).
120 penalty units;
600 penalty units.
Division 3—Enforcement
S. 170 170 Persons who may take proceedings for certain
inserted by offences
No. 39/2018
s. 7 (as
amended by
(1) This section applies despite anything to the
Nos 27/2019 contrary in section 347.
ss 12−30,
3/2020 ss 42– (2) Proceedings for an offence against section 167(1)
44, 47/2020
s. 26).
may only be taken by—
(a) a person claiming to be directly affected by
the alleged offence; or
(b) a police officer; or
(c) a residential noise enforcement officer.
(3) Proceedings for an offence against section 169(3)
may only be taken by a police officer.
may only be taken by—
(a) a police officer; or
(b) a residential noise enforcement officer.
(5) Proceedings for an offence against section 177
may only be taken by a police officer.
may only be taken by a residential noise

194
No. 51 of 2017
171 Residential noise enforcement officers S. 171

inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
(1) A council may appoint as a residential noise S. 171(1)

substituted by
enforcement officer— No. 36/2022
s. 49.
(a) a person who is an employee, or each
member of a class of employee, of the
council; or
(b) a specified person or each member of a
specified class of persons.
(2) An appointment under subsection (1)—
(a) is subject to any conditions or limitations
specified in the appointment; and
(b) is subject to any prescribed conditions or
limitations; and
(c) may at any time be varied or revoked by the
council that made the appointment.
172 Residential noise improvement notices S. 172
inserted by
(1) A council may issue a person with a residential No. 39/2018
s. 7 (as
noise improvement notice if the council amended by
reasonably believes that the person— Nos 27/2019
ss 12−30,
(a) has contravened a provision of this Part or
3/2020 ss 42–
44, 47/2020
the regulations relating to the emission of s. 26).
noise from residential premises in
circumstances that make it likely that the
contravention is continuing or will re-occur;
or

195
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(b) is likely to contravene a provision of this

Part or the regulations relating to the
emission of noise from residential premises.
(2) A residential noise improvement notice may
require the person to whom it is issued—
(a) to abate the noise; or
(b) to do any other thing that the council
reasonably considers necessary to prevent or
minimise the noise.
(3) A requirement contained in a residential noise
improvement notice may be expressed to be
general or limited in operation as to particular
times, places or circumstances.
(4) A residential noise improvement notice must—
issued; and
the notice; and
(f) state that the person may apply to VCAT for
review of the decision to issue the notice.
(5) A council may, by notice in writing given to the
person to whom a residential noise improvement
notice has been issued—
(a) extend the period during which the person
must comply with the notice if the council is
satisfied that the circumstances of the case
justify an extension of that period; and

196
No. 51 of 2017
(b) revoke or amend any requirement specified

in the notice.
(6) A person to whom a residential noise
improvement notice is issued must comply with
the notice.
120 penalty units;
600 penalty units.
173 Proceedings for offences not affected by residential S. 173
inserted by
noise improvement notices No. 39/2018
s. 7 (as
The issue of a residential noise improvement amended by
notice does not affect any proceedings for an Nos 27/2019
ss 12−30,
offence against this Act or the regulations in 3/2020 ss 42–
connection with any matter in respect of which the 44, 47/2020
s. 26).
residential noise improvement notice was issued.
174 Injunctions relating to residential noise S. 174
inserted by
(1) On an application by a council or a police officer, No. 39/2018
s. 7 (as
a Court may grant an injunction, in such terms as amended by
the Court considers appropriate, if the Court is Nos 27/2019
ss 12−30,
satisfied that— 3/2020 ss 42–
44, 47/2020
(a) a person has engaged, or is proposing to s. 26).
engage, in conduct that constitutes or would
constitute a contravention of a provision of
this Act or the regulations; and
(b) that contravention relates to the emission of
noise from residential premises.
(2) Without limiting subsection (1), an order under
(a) restrain a person from engaging in specified
conduct that the Court reasonably considers
to be the source of, or contributing to, the
emission of noise; or

197
No. 51 of 2017
(b) require a person to do a specified act or thing

that the Court considers reasonably
necessary to prevent, minimise or remedy the
contravention.
(3) A council or a police officer may apply for an
injunction under subsection (1) whether or not
proceedings have been taken for—
(a) an offence against this Act or the regulations;
or
(b) a contravention of a civil penalty provision
under this Act.
(4) The power of a Court to grant an injunction under
subsection (1) may be exercised whether or not
the conduct—
(a) is likely to result in substantial damage to
any person; or
(b) is likely to result in an infringement of the
rights of any person.
(5) An application for an order under subsection (1)
may be made ex parte.
S. 175 175 Unreasonable noise directions
inserted by
No. 39/2018
s. 7 (as
(1) This section applies to a person who—
(a) a police officer or a residential noise
amended by
Nos 27/2019
ss 12−30, enforcement officer reasonably suspects is
committing or has committed an offence
3/2020 ss 42–
44, 47/2020
s. 26). against section 167(1); or
(b) is apparently in charge of residential
premises on which a police officer or a
residential noise enforcement officer
reasonably suspects an offence against
section 167(1) is being committed or has
been committed.

198
No. 51 of 2017
(2) A police officer or residential noise enforcement

officer may direct a person to take any action that
the officer considers necessary to stop a suspected
offence or to prevent a suspected offence from
recurring.
(3) A direction given under subsection (2) remains in
force for the period specified in the direction not
exceeding 72 hours after the direction is given.
(4) A person must comply with a direction given to
the person under subsection (2).
120 penalty units;
600 penalty units.
176 Entry orders S. 176
inserted by
(1) On the application of a police officer, a court No. 39/2018
s. 7 (as
officer may make an order enabling the police amended by
officer, using such force as is reasonably Nos 27/2019
ss 12−30,
necessary, to enter residential premises for the 3/2020 ss 42–
purpose of investigating the emission of 44, 47/2020
s. 26).
unreasonable noise if the court officer is satisfied
that no other measure would be effective to abate
the noise.
(2) A police officer may apply to a court officer for
an order under subsection (1) if the police
officer—
(a) is of or above the rank of senior constable;
and
(b) reasonably believes that no other measure
would be effective to abate the unreasonable
noise.
(3) An order under subsection (1) may be made
subject to any conditions that the court officer

199
No. 51 of 2017
(4) A police officer using such force as is reasonably

necessary may enter any residential premises from
which unreasonable noise is emitted to investigate
the emission if an order to that effect has been
made under subsection (1).
(5) After entering any residential premises under an
order under subsection (1) and investigating the
emission of noise, the police officer may give any
direction under section 175(2) that the police
officer considers necessary to abate the
unreasonable noise.
S. 177 177 Obstruction of police officer
inserted by
No. 39/2018
s. 7 (as
A person must not—
(a) hinder, delay or obstruct a police officer in
amended by
Nos 27/2019
ss 12−30, taking any action authorised by an order
under section 176; or
3/2020 ss 42–
44, 47/2020
s. 26).
(b) if the person is the occupier of any place or
premises, refuse to permit a police officer to
take any action authorised by an order under
that section.
60 penalty units;
300 penalty units.

200
No. 51 of 2017
Chapter 8—Better environment plans, Ch. 8

(Headings
environmental audits and other matters and ss 178–
240)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
Pt 8.1
s. 178)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).

inserted by
s. 7 (as
Chapter. amended by
Nos 27/2019
(2) Part 8.2 provides for better environment plans. ss 12−30,
3/2020 ss 42–
(3) Part 8.3 provides for the appointment of 44, 47/2020
s. 26).
environmental auditors and the conduct of
preliminary risk screen assessments and
environmental audits.
(4) Part 8.4 provides for the Authority to require
financial assurances.
(5) Part 8.5 provides for the appointment of advisory
panels for the purposes of providing advice to the
Authority.
(6) Part 8.6 provides for the establishment of a
conference of interested persons.

201
No. 51 of 2017
Part 8.2—Better environment plans
Pt 8.2
(Heading and
ss 179–188)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 179 179 Definition

inserted by
No. 39/2018
s. 7 (as
In this Part—
participant, in a better environment plan, means a
amended by
Nos 27/2019
ss 12−30, person who has entered into the better
environment plan.
3/2020 ss 42–
44, 47/2020
s. 26).
S. 180 180 Purposes of better environment plans

inserted by
No. 39/2018
s. 7 (as
The purposes of better environment plans are—
(a) to enable persons to develop innovative ways
amended by
Nos 27/2019
ss 12−30, to comply with this Act or to exceed
compliance with this Act; and
3/2020 ss 42–
44, 47/2020
s. 26).
(b) to facilitate voluntary collaboration between
persons who must comply with this Act and
the Authority for the purposes of achieving
the purposes of this Act and objective of the
Authority.
S. 181 181 Submission of proposed better environment plans
inserted by
No. 39/2018
s. 7 (as
(1) A person may submit a proposed better
amended by environment plan to the Authority.
Nos 27/2019
ss 12−30, (2) A submission under subsection (1) must contain
the following information—
3/2020 ss 42–
44, 47/2020
s. 26).
(a) the objectives of the proposed better
environment plan including, but not limited
to, the risk of harm to human health or the

202
No. 51 of 2017
environment that the proposed plan

addresses;
(b) the participants in the proposed plan;
(c) any other person who is likely to be affected
by the proposed plan and whether that person
has been consulted, or will be consulted, in
relation to the proposed plan;
(d) the actions or responsibilities that each
participant must undertake under the
proposed plan;
(e) the reporting requirements for each
participant under the proposed plan;
(f) the time or day by which the participants
must undertake any action required under the
proposed plan;
(g) the time period during which the proposed
plan is to be in force.
(3) A submission under subsection (1) must—
(a) be made in the manner and form approved
(b) contain any prescribed information; and
(c) be accompanied by any prescribed fee.
182 Authority may accept proposed better environment S. 182
inserted by
plans No. 39/2018
s. 7 (as
(1) On receiving a submission that complies with amended by
section 181, the Authority must, within Nos 27/2019
ss 12−30,
30 business days after receiving the submission— 3/2020 ss 42–
44, 47/2020
(a) accept the proposed better environment plan; s. 26).
or
(b) refuse to accept the proposal.

203
No. 51 of 2017
(2) When determining whether to accept a proposed

better environment plan, the Authority must take
into account—
(a) any guidelines issued under section 188; and
(b) any prescribed matter.
(3) The Authority may—
(a) require the person who made the submission
to provide the Authority with information
relating to the proposed better environment
plan that the Authority considers necessary
to determine whether to accept the proposed
plan; and
(b) require the person who made the submission
to provide that information within the time
period specified in the request.
(4) If the Authority requires information under
subsection (3), the time in which the Authority
must deal with the submission does not include
the period from the date that the Authority makes
the request until the date on which the Authority
receives the information.
(5) The Authority may accept a proposed better
environment plan—
(a) if the Authority is satisfied that—
(i) the objectives of the proposed plan are
consistent with the purposes set out in
section 180; and
(ii) the implementation of the proposed
plan is likely to deliver the objectives
of the proposed plan; and
(b) subject to any conditions the Authority

204
No. 51 of 2017
(6) The Authority must, as soon as practicable after

making a decision whether or not to accept a
proposed better environment plan, give the person
who made the submission written notice stating—
(b) in the case of a decision to refuse to accept
the proposed plan, the reasons for the
decision.
183 Participant must notify Authority of change in S. 183
inserted by
circumstances No. 39/2018
s. 7 (as
A participant in a better environment plan must amended by
notify the Authority as soon as practicable after Nos 27/2019
ss 12−30,
becoming aware of any circumstances that 3/2020 ss 42–
materially affect— 44, 47/2020
s. 26).
(a) any objective of the plan; or
(b) the capacity of any participant to comply
with the plan.
184 Amendment or revocation of better environment S. 184
inserted by
plans and removal of participants No. 39/2018
s. 7 (as
(1) A participant in a better environment plan may amended by
apply to the Authority for the amendment of the Nos 27/2019
ss 12−30,
better environment plan. 3/2020 ss 42–
44, 47/2020
(2) On receiving an application under subsection (1), s. 26).
the Authority may—
(a) refuse to amend the better environment plan;
or
(b) amend the plan subject to any conditions that
the Authority considers appropriate.
(3) If the amendment proposed in an application
under subsection (1) affects any action or
responsibility that a participant must undertake
under a better environment plan, the Authority
may amend the plan only if that participant
consents to the amendment in writing.

205
No. 51 of 2017
(4) The Authority on its own motion may amend or

revoke a better environment plan or remove a
participant from a better environment plan if—
(a) the Authority becomes aware of any
circumstances that materially affect—
(i) any objective of the plan; or
(ii) the capacity of any participant to
comply with the plan; or
(b) the submission of the proposed plan
contained false or misleading information; or
(c) a participant in the plan withdraws from the
plan under section 185; or
(d) the Authority reasonably considers that the
implementation of the plan is failing to
deliver any objective of the plan.
(5) Within 5 business days after amending or
revoking a better environment plan or removing a
participant from a better environment plan under
this section, the Authority must notify in writing
each participant in the plan of that amendment,
revocation or removal.
(6) The amendment or revocation of a better
environment plan or the removal of a participant
from a better environment plan under this section
takes effect on the day specified in the notice
under subsection (5) of the amendment,
revocation or removal, which must not be fewer
than 5 business days after the amendment,
revocation or removal is made.

206
No. 51 of 2017
185 Withdrawal from better environment plans S. 185

inserted by
A participant in a better environment plan may No. 39/2018
withdraw from that plan if the participant gives at s. 7 (as
amended by
least 20 business days' notice to— Nos 27/2019
ss 12−30,
(a) the Authority; and 3/2020 ss 42–
44, 47/2020
(b) all other participants in the plan. s. 26).
186 Effect of compliance with better environment plans S. 186

inserted by
A participant in a better environment plan is taken No. 39/2018
s. 7 (as
to perform a duty or satisfy an obligation under amended by
this Act if— Nos 27/2019
ss 12−30,
(a) a better environment plan makes provision
3/2020 ss 42–
44, 47/2020
for how the participant performs the duty or s. 26).
satisfies the obligation; and
(b) the participant complies with the better
environment plan to the extent that the plan
makes provision for performing that duty or
satisfying that obligation.
187 Failure to comply with better environment plans S. 187
inserted by
If a participant does not comply with a better No. 39/2018
s. 7 (as
environment plan, the Authority may— amended by
Nos 27/2019
(a) suspend the operation of the plan; or ss 12−30,
3/2020 ss 42–
(b) suspend the participation of the participant in 44, 47/2020
s. 26).
the plan; or
(c) remove the participant from the plan; or
(d) revoke the plan.
188 Guidelines S. 188
inserted by
The Authority may issue guidelines relating to No. 39/2018
s. 7 (as
better environment plans, including but not amended by
limited to guidelines relating to— Nos 27/2019
ss 12−30,
(a) the content of better environment plans; and
3/2020 ss 42–
44, 47/2020
s. 26).
(b) the circumstances in which better
environment plans may be used; and

207
No. 51 of 2017
(c) the objectives for which better environment

plans may be used; and
(d) the preparation and submission of better
environment plans; and
(e) the acceptance and amendment of better
environment plans.

208
No. 51 of 2017
Part 8.3—Environmental audit system
Part 8.3—Environmental audit system Pt 8.3

(Headings
and ss 189–
217)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
189 Purpose of Part S. 189

inserted by
The purpose of this Part is to provide for— No. 39/2018
s. 7 (as
(a) the appointment of environmental auditors;
amended by
Nos 27/2019
and ss 12−30,
3/2020 ss 42–
(b) a system of preliminary risk screen 44, 47/2020
s. 26).
assessments and environmental audits—
for use in the planning, approving, regulating,
managing or conducting of activities and in the
protection of human health and the environment.
Division 1—Environmental auditors

190 Functions of environmental auditors S. 190
inserted by
(1) An environmental auditor has the following No. 39/2018
functions— s. 7 (as
amended by
(a) to conduct preliminary risk screen Nos 27/2019
ss 12−30,
assessments and environmental audits; 3/2020 ss 42–
44, 47/2020
(b) to prepare preliminary risk screen assessment s. 26).
statements, preliminary risk screen
assessment reports, environmental audit
statements and environmental audit reports;
(c) to perform any function conferred on an
environmental auditor under this or any other
Act;

209
No. 51 of 2017
(d) to perform any prescribed function of an

environmental auditor.
(2) In carrying out any function of an environmental
auditor under this or any other Act, an
environmental auditor must have regard to—
(a) any guidelines issued by the Authority under
section 203; and
(b) any relevant environment reference standard
made under Part 5.2; and
(c) any relevant compliance code made under
Part 5.3; and
(d) any prescribed matter.
S. 191 191 Application for appointment as environmental
inserted by
No. 39/2018 auditor
s. 7 (as
amended by (1) The Authority may, in writing, appoint a natural
Nos 27/2019
ss 12−30,
person to be an environmental auditor in
3/2020 ss 42– accordance with this Division.
44, 47/2020
s. 26). (2) A natural person may make an application to the
Authority for appointment as an environmental
auditor.
(3) An application for appointment must—
(b) provide any information required by the
Authority; and
(c) be accompanied by any prescribed
application fee unless the person has been
exempted under section 196(2).
(4) The Authority may refer an application for
appointment to the advisory panel referred to in
section 192.

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No. 51 of 2017
(5) If the Authority considers it necessary for the

purposes of determining an application for
appointment, the Authority may require the
applicant to do one or more of the following—
(a) to provide further information to the
Authority within a specified time;
(b) to appear before the advisory panel for an
interview;
(c) to undergo an examination by the advisory
panel as to the applicant's suitability for
appointment.
192 Advisory panel for application for appointment as S. 192
inserted by
environmental auditor No. 39/2018
s. 7 (as
(1) The Authority may by instrument appoint an amended by
advisory panel. Nos 27/2019
ss 12−30,
(2) Section 235 applies to an advisory panel
3/2020 ss 42–
44, 47/2020
appointed for the purposes of this Division. s. 26).
(3) The functions of an advisory panel appointed for

the purposes of this Division are—
(a) to make recommendations to the Authority
regarding the suitability of an applicant for
appointment as an environmental auditor;
and
(b) to provide any other advice to the Authority
on the Authority's request.
(4) An advisory panel appointed for the purposes of
this Division must have regard to any relevant
guidelines issued under section 203.
193 Determination by Authority of application for S. 193
inserted by
appointment as environmental auditor No. 39/2018
s. 7 (as
(1) The Authority may approve or refuse an amended by
application for appointment as an environmental Nos 27/2019
ss 12−30,
auditor. 3/2020 ss 42–
44, 47/2020
s. 26).

211
No. 51 of 2017
(2) In making a decision to approve or refuse an

application for appointment, the Authority must
have regard to—
(a) any relevant guidelines issued under
section 203; and
(b) if an advisory panel has made a
recommendation on the application, the
advisory panel's recommendation; and
(c) any prescribed matter.
(3) The Authority may refuse an application for
appointment—
(a) if the applicant fails to comply with section
191(3) or a requirement of the Authority
(b) if, in the opinion of the Authority, the
applicant fails to satisfy the requirements of
the guidelines issued under section 203 in
relation to eligibility for appointment as an
environmental auditor; or
(c) if the applicant was previously appointed as
an environmental auditor and, in the last 2
years before the date the application was
made, the Authority revoked, suspended or
refused to renew the appointment; or
(d) if the applicant was previously appointed as
an environmental auditor in another
jurisdiction and the appointment was
revoked or suspended; or
(e) if the applicant had previously made an
application for appointment as a
environmental auditor in another jurisdiction
and the application was refused; or
(f) if the applicant provided false or misleading
information to the Authority in the
application; or

212
No. 51 of 2017
(g) for any other reason that the Authority

considers sufficient; or
(h) for any other prescribed reason.
194 Refusal of application for appointment as S. 194
inserted by
s. 7 (as
(1) If the Authority proposes to refuse an application amended by
for appointment as an environmental auditor, the Nos 27/2019
ss 12−30,
Authority must give written notice to the applicant 3/2020 ss 42–
that— 44, 47/2020
s. 26).
(a) the Authority intends to refuse the
application for appointment and the reasons
for the proposed refusal; and
(b) the applicant may make submissions to the
Authority in relation to the proposed refusal.
(2) The Authority must not refuse an application for
appointment unless the Authority—
(a) has given written notice to the applicant
under subsection (1); and
(b) has given the applicant a reasonable
opportunity to make submissions; and
(c) has taken into consideration any submissions
made by the applicant.
195 Approval of application for appointment as S. 195
inserted by
s. 7 (as
If the Authority decides to approve an application amended by
for appointment as an environmental auditor, the Nos 27/2019
ss 12−30,
Authority must notify the applicant in writing 3/2020 ss 42–
of— 44, 47/2020
s. 26).
(a) the Authority's decision; and
(b) any conditions to which the appointment is
subject; and
(c) the period of appointment (not exceeding 3
years).

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S. 196 196 Application fee

inserted by
No. 39/2018 (1) Subject to subsection (2), a person must not be
s. 7 (as
amended by
appointed as an environmental auditor unless the
Nos 27/2019 person has paid the prescribed application fee to
ss 12−30,
3/2020 ss 42–
the Authority.
44, 47/2020
s. 26).
(2) The Authority may exempt a person from the
payment of the prescribed application fee under
subsection (1).
S. 197 197 Conditions on appointment of environmental
inserted by
No. 39/2018 auditor
s. 7 (as
amended by (1) The Authority may appoint a person as an
Nos 27/2019
ss 12−30,
environmental auditor—
(a) unconditionally; or
3/2020 ss 42–
44, 47/2020
s. 26).
(b) subject to conditions specified in the
environmental auditor's instrument of
appointment; or
(c) subject to any prescribed conditions.
(2) In addition to subsection (1), at any time during
the appointment of an environmental auditor, the
Authority may by written notice—
(a) impose conditions or further conditions on
the appointment; or
(b) vary or revoke any of the conditions to
which the appointment is subject.
(3) In making a decision to impose, vary or revoke
conditions on the appointment of an
environmental auditor, the Authority must have
regard to any relevant guidelines issued under
section 203.
(4) A condition imposed on an appointment under
subsection (1)(b), (c) or (2)(a) or a variation or
revocation of a condition under subsection (2)(b)
takes effect on the date specified by the Authority

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or the date on which the environmental auditor is

notified by the Authority, whichever is the later.
198 Reappointment of environmental auditors S. 198
inserted by
(1) An environmental auditor may make an No. 39/2018
s. 7 (as
application to the Authority for reappointment as amended by
an environmental auditor. Nos 27/2019
ss 12−30,
(2) An application for reappointment must—
3/2020 ss 42–
44, 47/2020
s. 26).
(b) provide any information required by the
Authority; and
(c) be made within the prescribed time; and
(d) be accompanied by the prescribed
application fee.
(3) If the Authority considers it necessary for the
purpose of determining an application for
reappointment, the Authority may require the
applicant to provide further information to the
Authority within a specified time.
(4) The Authority may approve or refuse an
application for reappointment.
199 Refusal of application for reappointment as S. 199
inserted by
s. 7 (as
(1) The Authority may refuse an application for amended by
reappointment— Nos 27/2019
ss 12−30,
(a) on any of the grounds referred to in section
3/2020 ss 42–
44, 47/2020
193(3)(a), (b), (c), (d), (e) or (f); or s. 26).
(b) if the refusal of the application for

reappointment is justified having regard to—
(i) the quality of the environmental
auditor's work in relation to preliminary
risk screen assessments or
environmental audits conducted during

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No. 51 of 2017
the environmental auditor's

appointment; or
(ii) the quality of the environmental
auditor's work in relation to any
prescribed function of an environmental
auditor; or
(iii) any formal or informal disciplinary
action taken against the environmental
auditor under this Act; or
(iv) any other matter that the Authority
considers to be relevant to the
environmental auditor's suitability for
reappointment; or
(v) for any other prescribed reason.
(2) In making a decision to approve or refuse an
application for reappointment, the Authority must
have regard to any relevant guidelines issued
under section 203.
(3) If the Authority proposes to refuse an application
for reappointment under this section, the
Authority must give written notice to the
environmental auditor that—
(a) the Authority intends to refuse an application
for reappointment and the reasons for the
proposed refusal; and
(b) the environmental auditor may make
submissions to the Authority in relation to
the proposed refusal.
(4) The Authority must not refuse an application for
reappointment unless the Authority—
(a) has given the environmental auditor written
notice under subsection (3); and

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(b) has given the environmental auditor a

reasonable opportunity to make submissions;
and
made by the environmental auditor.
(5) If the Authority decides to approve an application
for reappointment, the Authority must give written
notice to the environmental auditor of—
(a) the Authority's decision; and
(b) any conditions to which the reappointment is
subject; and
(c) the period of reappointment (not exceeding
3 years).
200 Revocation or suspension of appointment of S. 200
inserted by
environmental auditors No. 39/2018
s. 7 (as
(1) The Authority may suspend or revoke the amended by
appointment of an environmental auditor if— Nos 27/2019
ss 12−30,
(a) in the opinion of the Authority, the
3/2020 ss 42–
44, 47/2020
environmental auditor does not satisfy the s. 26).
requirements of the guidelines issued under
section 203 in relation to eligibility for
appointment as an environmental auditor; or
(b) the environmental auditor has contravened—
(i) this Act; or
(ii) the regulations; or
(iii) a condition of the environmental
auditor's appointment; or
(c) the environmental auditor is not carrying out
a sufficient amount of preliminary risk
screen assessments or environmental audits
to justify continued appointment as an

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(d) the environmental auditor is appointed as an

environmental auditor in another jurisdiction
and that appointment has been changed
because of conduct that would (if it occurred
in Victoria) authorise revocation or
suspension of the environmental auditor's
appointment under this Act; or
(e) the environmental auditor provided false or
misleading information to the Authority in
an application for appointment or
reappointment; or
(f) the environmental auditor has contravened a
prescribed matter; or
(g) the suspension or revocation of the
appointment is justified having regard to—
(i) the quality of the environmental
auditor's work in relation to preliminary
risk screen assessments or
environmental audits conducted during
appointment; or
(ii) the quality of the environmental
auditor's work in relation to any
prescribed function of an environmental
auditor; or
(iii) any other matter that the Authority
considers to be relevant to the
environmental auditor's suitability for
appointment; or
(h) any of the following circumstances apply to
a preliminary risk screen assessment or an
environmental audit conducted by the
environmental auditor—
(i) the environmental auditor is an
associate of the person who is
undertaking the activity or who owns or
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No. 51 of 2017
occupies any part of the site that is the

subject of the preliminary risk screen
assessment or the environmental audit;
(ii) the environmental auditor has a direct
or indirect pecuniary or personal
interest in any part of the activity or the
site that is the subject of the
preliminary risk screen assessment or
the environmental audit;
(iii) the preliminary risk screen assessment
or the environmental audit conducted
by the environmental auditor involves
the environmental auditor reviewing—
(A) any aspect of work previously
carried out by the environmental
auditor or an associate of the
(B) a statement or report previously
prepared by the environmental
auditor or an associate of the
environmental auditor.
(2) The Authority may revoke the appointment of an
environmental auditor who is suspended.
(3) Despite subsection (1)(h)(iii), the Authority must
not suspend or revoke the appointment of an
environmental auditor if the preliminary risk
screen assessment or the environmental audit was
conducted by the environmental auditor in
accordance with guidelines issued under
section 203 or with the approval of the Authority.

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S. 201 201 Matters to which Authority must have regard in

inserted by deciding a suspension or revocation of appointment
No. 39/2018
s. 7 (as of environmental auditor
amended by
Nos 27/2019 (1) In making a decision to suspend or revoke the
ss 12−30,
3/2020 ss 42–
appointment of an environmental auditor, the
44, 47/2020 Authority must have regard to any relevant
s. 26). guidelines issued under section 203.
(2) If the Authority proposes to suspend or revoke the
appointment of an environmental auditor under
this section (including a proposed revocation of
the appointment of an environmental auditor that
is suspended), the Authority must give written
notice to the environmental auditor that—
(a) the Authority intends to suspend or revoke
the environmental auditor's appointment and
the reasons for the proposed suspension or
revocation; and
(b) the environmental auditor may make
submissions to the Authority in relation to
the proposed revocation or suspension.
(3) The Authority must not suspend or revoke the
appointment of an environmental auditor unless
the Authority—
(a) has given written notice to the environmental
auditor under subsection (2); and
(b) has given the environmental auditor a
reasonable opportunity to make submissions;
and
made by the environmental auditor.
(4) If the Authority decides to suspend the
appointment of an environmental auditor, the
Authority must give written notice to the
environmental auditor that the environmental
auditor's appointment is suspended—

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(a) for a specified period; or

(b) until the fulfilment of specified conditions
set by the Authority; or
(c) until further notice by the Authority.
(5) If the Authority decides to suspend the
appointment of an environmental auditor under
subsection (4)(b), the Authority must give written
notice to the environmental auditor that the
environmental auditor's appointment will be
reinstated as soon as practicable after the
Authority is satisfied that the environmental
auditor has fulfilled the specified conditions.
(6) If the Authority decides to revoke the appointment
of an environmental auditor, the Authority must
give written notice to the environmental auditor
that the environmental auditor's appointment has
been revoked and the reasons for the revocation.
202 When does a suspension or revocation take effect? S. 202
inserted by
(1) A suspension of the appointment of an No. 39/2018
s. 7 (as
environmental auditor under section 200 has amended by
effect— Nos 27/2019
ss 12−30,
(a) for the period specified by the Authority; or
3/2020 ss 42–
44, 47/2020
s. 26).
(b) if no period is specified in a notice under
section 201(4)(a) or the appointment is
suspended until the fulfilment of specified
conditions under section 201(4)(b), for the
period—
(i) commencing on the date specified in
the notice given under section 201(4) or
the date on which the Authority notifies
the environmental auditor of the
suspension, whichever is the later; and
(ii) ending on the date the Authority
notifies the environmental auditor that

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appointment has been reinstated or

revoked.
(2) The appointment of an environmental auditor is
taken not to be in force during the period in which
a suspension has effect.
(3) A revocation of the appointment of an
environmental auditor takes effect on the date
specified in the notice given under section 201(6)
or the date on which the Authority notifies the
environmental auditor of the revocation,
whichever is the later.
S. 203 203 Guidelines for environmental auditors
inserted by
No. 39/2018
s. 7 (as
The Authority may issue guidelines relating to—
(a) the appointment and reappointment of
amended by
Nos 27/2019
ss 12−30, environmental auditors; and
3/2020 ss 42–
44, 47/2020
s. 26).
(b) the suspension or revocation of the
appointment of environmental auditors; and
(c) conditions with which environmental
auditors must comply; and
(d) the performance of environmental auditors'
functions under this or any other Act.
Division 2—Preliminary risk screen assessments

S. 204 204 Preliminary risk screen assessment
inserted by
No. 39/2018 (1) A person may engage an environmental auditor to
s. 7 (as
amended by
conduct a preliminary risk screen assessment.
Nos 27/2019
ss 12−30,
(2) The purpose of a preliminary risk screen
3/2020 ss 42– assessment is—
44, 47/2020
s. 26). (a) to assess the likelihood of the presence of
contaminated land; and
(b) to determine if an environmental audit is
required; and

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(c) if an environmental audit is required, to

recommend a scope for the environmental
audit.
205 Preliminary risk screen assessment statement S. 205
inserted by
(1) On completion of a preliminary risk screen No. 39/2018
s. 7 (as
assessment, an environmental auditor must amended by
prepare a preliminary risk screen assessment Nos 27/2019
ss 12−30,
statement accompanied by a preliminary risk 3/2020 ss 42–
screen assessment report. 44, 47/2020
s. 26).
(2) An environmental auditor must, within 5 business
days of completing a preliminary risk screen
assessment statement and a preliminary risk
screen assessment report, send a copy of the
preliminary risk screen assessment statement and
the preliminary risk screen assessment report to—
(a) the Authority; and
(b) the relevant planning authority within the
meaning of the Planning and Environment
Act 1987; and
(c) the responsible authority within the meaning
of the Planning and Environment Act
1987.
206 What is included in a preliminary risk screen S. 206
inserted by
assessment statement? No. 39/2018
s. 7 (as
(1) A preliminary risk screen assessment statement amended by
must— Nos 27/2019
ss 12−30,
(a) specify the scope of the assessment
3/2020 ss 42–
44, 47/2020
including— s. 26).
(i) the site in respect of which the

assessment was conducted; and
(ii) the use or proposed use for which the
site is being assessed; and

223
No. 51 of 2017
(iii) the elements of the environment

assessed; and
(iv) the standards considered in the
assessment; and
(v) any assumptions made by the
environmental auditor during the
assessment or any limitations on the
assessment; and
(vi) any exclusions from the assessment and
the rationale for these exclusions; and
(b) state the environmental auditor's assessment
that—
(i) an environmental audit is not required
for the purposes specified in the
statement; or
(ii) an environmental audit is required for
the purposes specified in the statement;
and
(c) if an environmental audit is required under
paragraph (b)(ii)—set out the proposed scope
of the environmental audit; and
(d) state the name of the person who engaged
the environmental auditor to conduct the
assessment; and
(e) be signed by the environmental auditor; and
(f) state the environmental auditor's contact
details; and
(g) include any other prescribed matter.
(2) If the preliminary risk screen assessment
statement states that an environmental audit is
required, the Authority may—

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(a) review the proposed scope of the

environmental audit set out by the
environment auditor in the statement; and
(b) endorse the proposed scope or determine a
revised scope of the environmental audit.
(3) Before endorsing the proposed scope of an
environmental audit under subsection (2)(b), the
Authority may request that the environmental
auditor provide further information in relation to
the proposed scope.
(4) If the Authority decides to review the proposed
scope of an environmental audit under subsection
(2)(a), the Authority must complete the review
within 30 business days of receiving the
preliminary risk screen assessment statement and
the preliminary risk screen assessment report.
(5) If the Authority makes a request for information
under subsection (3), the time in which the
Authority must complete the review under
subsection (4) does not include the period from
the date that the Authority makes the request until
the date on which the Authority receives the
information.
207 What is included in a preliminary risk screen S. 207
inserted by
assessment report? No. 39/2018
s. 7 (as
A preliminary risk screen assessment report must amended by
include— Nos 27/2019
ss 12−30,
(a) a review of the information collected by the
3/2020 ss 42–
44, 47/2020
preliminary risk screen assessment; and s. 26).
(b) the reasons for the findings in the

preliminary screen risk assessment
statement; and
(c) any other prescribed matter.

225
No. 51 of 2017
Division 3—Environmental audits

S. 208 208 Environmental audits
inserted by
No. 39/2018 (1) A person may engage an environmental auditor to
s. 7 (as
amended by
conduct an environmental audit.
Nos 27/2019
ss 12−30,
(2) The purpose of an environmental audit is—
(a) to assess the nature and extent of the risk of
3/2020 ss 42–
44, 47/2020
s. 26). harm to human health or the environment
from contaminated land, waste, pollution or
any activity; and
(b) to recommend measures to manage the risk
of harm to human health or the environment
from contaminated land, waste, pollution or
any activity; and
(c) to make recommendations to manage the
contaminated land, waste, pollution or
activity.
(3) Subject to subsection (4), an environmental
auditor must, before conducting an environmental
audit, submit a proposed scope of the audit to the
Authority together with any supporting
documentation in a manner and form approved by
the Authority.
(4) Subsection (3) does not apply if—
(a) a preliminary risk screen assessment has
already been conducted; and
(b) the Authority has previously endorsed a
proposed scope or previously determined a
revised scope of the environmental audit
under section 206(2)(b); and
(c) the environmental auditor has not proposed
amendments to the proposed scope or the
revised scope.

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(5) The Authority may—

(a) review the proposed scope of an
environmental audit provided under
subsection (3) or section 206(1)(c); and
(b) endorse the proposed scope or determine a
revised scope of the environmental audit.
(6) Before endorsing the proposed scope under
subsection (5)(b), the Authority may request that
an environmental auditor provide further
information in relation to the proposed scope.
(7) If the Authority decides to review the proposed
scope under subsection (5)(a), the Authority must
complete the review within 30 business days of
receiving the proposed scope of the environmental
audit from an environmental auditor under this
section.
(8) If the Authority makes a request for information
under subsection (6), the time in which the
Authority must complete the review under
subsection (7) does not include the period from
the date that the Authority makes the request until
the date on which the Authority receives the
information.
209 Environmental auditor must notify the Authority of S. 209
inserted by
environmental audit No. 39/2018
s. 7 (as
If an environmental auditor is engaged to conduct amended by
an environmental audit, the environmental auditor Nos 27/2019
ss 12−30,
must, within 5 business days after receiving a 3/2020 ss 42–
request to conduct the audit, send to the Authority 44, 47/2020
s. 26).
a statement in writing specifying—
(a) the name of the person who has engaged the
environmental auditor to conduct the audit;
and
(b) the location of the site of the proposed audit;
and

227
No. 51 of 2017
(c) the proposed completion date of the audit.

S. 210 210 Environmental audit statement
inserted by
No. 39/2018
s. 7 (as
(1) On completion of an environmental audit, an
amended by environmental auditor must prepare an
Nos 27/2019
ss 12−30,
environmental audit statement accompanied by an
3/2020 ss 42– environmental audit report.
44, 47/2020
s. 26). (2) An environmental auditor must, within 5 business
days of completing an environmental audit
statement and an environmental audit report, send
a copy of the environmental audit statement and
the environmental audit report to the Authority
and—
(a) if the audit relates to a risk of harm to human
health or the environment from contaminated
land or potentially contaminated land, to the
relevant planning authority and the
responsible authority within the meaning of
the Planning and Environment Act 1987;
or
(b) if required by the Authority, to the relevant
planning authority and the responsible
authority within the meaning of the
Planning and Environment Act 1987.
S. 211 211 What is included in an environmental audit
inserted by
No. 39/2018 statement?
s. 7 (as
amended by An environmental audit statement must—
Nos 27/2019
ss 12−30, (a) specify the scope of the environmental audit
including—
3/2020 ss 42–
44, 47/2020
s. 26).
(i) the site or the activity in respect of
which the audit was conducted; and
(ii) the use or proposed use for which the
site is being audited (if applicable); and

228
No. 51 of 2017
(iii) the elements of the environment in

respect of which the audit assessed; and
(iv) the standards and reference documents
considered in the audit; and
(v) any assumptions made by the
environmental auditor during the audit
or any limitations on the audit; and
(vi) any exclusions from the audit and the
rationale for these exclusions; and
(b) if the environmental audit assessed the use or
proposed use of a site in relation to the risk
of harm to human health or the environment
from contaminated land, waste or pollution,
state the environmental auditor's assessment
that—
(i) the site is suitable for the purposes
specified in the statement; or
(ii) the site is suitable for the purposes
specified in the statement if the
recommendations made in the
statement are complied with; or
(iii) the site is not suitable for the purposes
specified in the statement at the time
the statement was prepared; and
(c) specify the results of the environmental audit
and any recommendations; and
(d) state the name of the person who engaged
the environmental auditor to conduct the
audit; and
(e) be signed by the environmental auditor; and
(f) state the environmental auditor's contact
details; and
(g) include any other prescribed matter.

229
No. 51 of 2017
S. 212 212 What is included in an environmental audit report?

inserted by
No. 39/2018 An environmental audit report must include—
s. 7 (as
amended by (a) a review of all relevant information collected
Nos 27/2019
ss 12−30,
by the environmental audit; and
(b) the reasons for the findings and any
3/2020 ss 42–
44, 47/2020
s. 26). recommendations in the environmental audit
statement; and
Division 4—Offences and other matters

S. 213 213 Withdrawal, amendment or issue of new
inserted by preliminary risk screen assessment statement or
No. 39/2018
s. 7 (as environmental audit statement
amended by
Nos 27/2019 (1) If an environmental auditor believes that the
ss 12−30,
3/2020 ss 42–
environmental auditor has issued a preliminary
44, 47/2020 risk screen assessment statement or an
s. 26). environmental audit statement that is incorrect, the
environmental auditor may withdraw the
preliminary risk screen assessment statement or
the environmental audit statement and either—
(a) conduct another preliminary risk screen
assessment and issue a new preliminary risk
screen assessment statement or conduct
another environmental audit and issue a new
environmental audit statement; or
(b) issue a new preliminary risk screen
assessment statement or a new
environmental audit statement.
(2) Despite subsection (1), an environmental auditor
may amend a preliminary risk screen assessment
statement or an environmental audit statement to
correct—
(a) any clerical mistake or an unintentional error
or omission; or

230
No. 51 of 2017
(b) any figure that is miscalculated; or

(c) any misdescription of any person, thing or
property.
(3) If an environmental auditor withdraws a
preliminary risk screen assessment statement or an
environmental audit statement under subsection
(1), the environmental auditor must, within 5
business days of the withdrawal, notify the
Authority and—
(a) if the audit relates to a risk of harm to human
health or the environment from contaminated
land or potentially contaminated land, the
relevant planning authority and the
responsible authority within the meaning of
the Planning and Environment Act 1987;
or
(b) if required by the Authority, the relevant
planning authority and the responsible
authority within the meaning of the
Planning and Environment Act 1987.
(4) If an environmental auditor has issued a new
preliminary risk screen assessment statement or a
new environmental audit statement under
subsection (1)(b) or amended a preliminary risk
screen assessment statement or an environmental
audit statement under subsection (2), the
environmental auditor must, within 5 business
days of amending or issuing it, send a copy of the
amended or new preliminary risk screen
assessment statement or the amended or new
environmental audit statement to—
(a) the Authority; and
(b) the relevant planning authority within the
meaning of the Planning and Environment
Act 1987; and
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No. 51 of 2017
(c) the responsible authority within the meaning

of the Planning and Environment Act
1987.
(5) If an environmental auditor is for any reason
unable to perform the functions and duties of an
environmental auditor during the environmental
auditor's appointment, the Authority may
withdraw a preliminary risk screen assessment
statement or an environmental audit statement
issued by the environmental auditor that is
incorrect.
(6) If the Authority withdraws an incorrect
preliminary risk screen assessment statement or an
incorrect environmental audit statement under
business days of the withdrawal, notify the
relevant planning authority and the responsible
authority within the meaning of the Planning and
Environment Act 1987 of the withdrawal.
(7) Subsection (6) does not apply if the relevant
planning authority and the responsible authority
have not been sent a copy of the withdrawn
preliminary risk screen assessment statement or
environmental audit statement under section
205(2) or 210(2).
S. 214 214 Obligation of person in management or control to
inserted by
No. 39/2018 provide copy of preliminary risk screen assessment
s. 7 (as statement or environmental audit statement
amended by
Nos 27/2019
ss 12−30,
(1) If a preliminary risk screen assessment statement
3/2020 ss 42– or an environmental audit statement has been
44, 47/2020
s. 26).
issued in respect of a site, the person in
management or control of the site must provide a
copy of the preliminary risk screen assessment
statement or the environmental audit statement (as
the case requires) to any person who proposes to
become the person in management or control of
the site.

232
No. 51 of 2017
(2) If a person who previously had management or

control of a site fails to comply with subsection
(1), the person who currently has management or
control of the site may, within 12 months of
becoming the person in management or control,
recover in a Court from the person who previously
had management or control, any reasonable costs
incurred in complying with the preliminary risk
screen assessment statement or the environmental
audit statement.
215 False or misleading preliminary risk screen S. 215
inserted by
assessment statement or environmental audit No. 39/2018
statement s. 7 (as
amended by
(1) When carrying out any function under this Act or Nos 27/2019
ss 12−30,
any other Act, an environmental auditor must 3/2020 ss 42–
not— 44, 47/2020
s. 26).
(a) issue a preliminary risk screen assessment
statement that is false or misleading; or
(b) issue an environmental audit statement that
is false or misleading; or
(c) issue any other document that is false or
misleading.
Note
(2) Without limiting subsection (1), a statement or
document may be false or misleading for the
purposes of this section if it contains a material
defect, omission or irregularity.
an offence.

233
No. 51 of 2017

offence.
Note
S. 216 216 Environmental auditor must notify the Authority of
inserted by
No. 39/2018 imminent state of danger
s. 7 (as
amended by (1) When carrying out any function under this Act or
Nos 27/2019
ss 12−30,
any other Act, an environmental auditor must
3/2020 ss 42– notify the Authority as soon as practicable after
44, 47/2020
s. 26).
the environmental auditor becomes aware of—
(a) an imminent state of danger to human health
or the environment from pollution or waste;
or
(b) any circumstances, which if not addressed,
are likely to become an imminent state of
danger to human health or the environment
from pollution or waste; or
Note
offence.
Note

234
No. 51 of 2017
217 Fees to be paid by environmental auditor S. 217

inserted by
(1) An environmental auditor must, within 5 business No. 39/2018
days of completing a preliminary risk screen s. 7 (as
amended by
assessment statement and a preliminary risk Nos 27/2019
screen assessment report, pay the prescribed fee to ss 12−30,
3/2020 ss 42–
the Authority. 44, 47/2020
s. 26).
(2) An environmental auditor must, within 5 business
days of completing an environmental audit
statement and an environmental audit report, pay
the prescribed fee to the Authority.

235
No. 51 of 2017
Part 8.4—Financial assurances
Pt 8.4
(Heading and
ss 218–234)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 218 218 Purposes of this Part

inserted by
No. 39/2018
s. 7 (as
The purposes of this Part are—
(a) to provide for financial assurances as
amended by
Nos 27/2019
ss 12−30, security for the Authority for the costs and
expenses of remediation or clean up
3/2020 ss 42–
44, 47/2020
s. 26). activities; and
(b) to enable the Authority to implement
financial assurances.
S. 219 219 Authority may require financial assurance
inserted by
No. 39/2018
s. 7 (as
(1) The Authority may require a person undertaking a
amended by particular activity to provide a financial assurance
Nos 27/2019
ss 12−30,
if any of the following apply—
(a) the Authority determines that provision of a
3/2020 ss 42–
44, 47/2020
s. 26). financial assurance by the person is a
condition of a prescribed permission;
(b) the Authority determines that provision of a
financial assurance by the person is a
condition of a site management order;
(c) the Authority determines that provision of a
financial assurance by the person is a
condition of an environmental action notice;
(d) an Order relating to environmentally
hazardous substances requires the person to
provide a financial assurance.

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(2) The Authority may only make a determination

under subsection (1)(a),(b) or (c) if the Authority
is satisfied, having regard to the prescribed risk
assessment criteria, that a financial assurance is
necessary as security for the costs and expenses of
remediation or clean up in connection with the
particular activity.
(3) If the Authority requires a person to provide a
financial assurance, the Authority must notify the
person in writing of the form and amount of the
financial assurance.
(4) If a person is given notice under subsection (3),
the person must provide the financial assurance
within a period, not less than 30 business days, to
be specified by the Authority.
220 Form of financial assurance S. 220
inserted by
(1) Subject to subsection (2), the Authority may No. 39/2018
s. 7 (as
determine, having regard to the prescribed risk amended by
assessment criteria, the form of a financial Nos 27/2019
ss 12−30,
assurance. 3/2020 ss 42–
44, 47/2020
(2) A financial assurance must be provided in the s. 26).
form of—
(a) a guarantee provided by a body that is
permitted to use the expression "bank" under
section 66 of the Banking Act 1959 of the
Commonwealth; or
(b) bonds; or
(c) any other form of security that the Authority
(d) any combination of paragraph (a), (b) or (c).

237
No. 51 of 2017
S. 221 221 Amount of financial assurance

inserted by
No. 39/2018 (1) Subject to subsection (2), the Authority may
s. 7 (as
amended by
determine the amount of a financial assurance.
Nos 27/2019
ss 12−30,
(2) In determining the amount of a financial
3/2020 ss 42– assurance, the Authority must have regard to—
44, 47/2020
s. 26). (a) a reasonable estimate of the costs and
expenses of remediation or clean up
activities for the particular activity; and
(b) any method for calculating the amount of
financial assurances published by the
Authority; and
(c) if the Authority has required an independent
assessment for the purpose of determining
the amount of a financial assurance and the
independent assessment has been provided
within the specified period, the independent
assessment.
S. 222 222 Independent assessment of amount of financial
inserted by
No. 39/2018 assurance
s. 7 (as
amended by (1) For the purpose of determining the amount of a
Nos 27/2019
ss 12−30,
financial assurance, the Authority may require a
3/2020 ss 42– person to provide an independent assessment of a
44, 47/2020
s. 26).
matter contained in the prescribed risk assessment
criteria, within a period specified by the
Authority.
(2) If the Authority requires a person to provide an
independent assessment under subsection (1), the
person must pay any costs associated with
obtaining the independent assessment.
(3) An independent assessment required by the
Authority under subsection (1) must be conducted
by a suitably qualified person.

238
No. 51 of 2017
223 Method for calculating financial assurance amount S. 223

inserted by
(1) The Authority may publish, by notice in the No. 39/2018
Government Gazette, a method for calculating s. 7 (as
amended by
financial assurance amounts. Nos 27/2019
ss 12−30,
(2) The method takes effect on the day notice is 3/2020 ss 42–
published in the Government Gazette, or on any 44, 47/2020
s. 26).
later day if specified in the notice.
(3) The Authority must publish the method on the
Internet site of the Authority.
224 Costs associated with financial assurance S. 224
inserted by
A person who is required to provide a financial No. 39/2018
s. 7 (as
assurance is responsible for all reasonable costs amended by
incurred by the Authority that are associated Nos 27/2019
ss 12−30,
with— 3/2020 ss 42–
44, 47/2020
(a) providing the financial assurance; and s. 26).
(b) determining the form and amount of a

financial assurance.
225 Authority may review financial assurance S. 225
inserted by
(1) Subject to subsection (2), the Authority may No. 39/2018
s. 7 (as
review the following— amended by
Nos 27/2019
(a) the requirement for a person to provide a ss 12−30,
financial assurance;
3/2020 ss 42–
44, 47/2020
s. 26).
(b) the amount of a financial assurance;
(c) the form of a financial assurance.
(2) The Authority may review a financial assurance
if—
(a) a prescribed permission issued or granted
with a condition requiring the holder of the
permission to provide a financial assurance
is reviewed or varied; or

239
No. 51 of 2017
(b) the financial assurance was provided as a

condition of a site management order and the
order is varied; or
(c) the financial assurance was provided as a
condition of an environmental action notice
and the notice is varied; or
(d) the financial assurance was provided as a
condition of an Order relating to
environmentally hazardous substances and
the Order is varied; or
(e) the Authority publishes an updated method
for calculating the amount of a financial
assurance that is relevant to the particular
activity that the financial assurance is
provided in relation to; or
(f) the person who provided the financial
assurance requests a review of the form or
amount of the financial assurance; or
(g) the Authority is satisfied, having regard to
the prescribed risk assessment criteria, that
there is a variation to the estimate of the
costs and expenses of remediation or clean
up activities for the particular activity that
the financial assurance is provided in relation
to.
S. 226 226 Authority may amend financial assurance
inserted by
No. 39/2018
s. 7 (as
(1) Subject to subsection (2), the Authority may
amended by amend the following—
Nos 27/2019
ss 12−30, (a) the form of a financial assurance;
3/2020 ss 42–
44, 47/2020 (b) the amount of a financial assurance;
s. 26).
(c) the form and the amount of a financial
assurance.

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(2) If following a review, the Authority proposes to

amend a financial assurance, the Authority must—
(a) notify the person who provided the financial
assurance in writing; and
(b) invite the person who provided the financial
assurance to make a submission on the
proposed amendment, within 20 business
days after the date of notice; and
(c) consider any submissions from the person
who provided the financial assurance.
(3) If the Authority decides to amend a financial
assurance, the Authority must notify the person in
writing of the decision.
(4) On amending a financial assurance, the
Authority—
(a) may make any changes the Authority
considers necessary to implement that
amendment in an instrument or document;
and
(b) despite anything to the contrary in this Act or
the regulations, may make any changes the
Authority considers necessary to implement
the amendment in a permission, site
management order or an environmental
action notice by complying only with this
section.
(5) If a person is given notice under subsection (3)
and is required to provide a further form, amount
or form and amount of a financial assurance, the
person must provide the further requirement
within a period, not less than 30 business days, to
be specified by the Authority.

241
No. 51 of 2017
S. 227 227 Authority may make a claim on financial assurance

inserted by
No. 39/2018 (1) This section applies if—
s. 7 (as
amended by (a) the Authority determines that the person who
Nos 27/2019
ss 12−30,
provided a financial assurance has failed to
3/2020 ss 42– conduct the remediation or clean up
44, 47/2020
s. 26).
activities required by this Act or the
regulations; or
(b) the Authority has exercised clean up powers
in accordance with section 294(1) in
connection with the particular activity that
the financial assurance was provided in
relation to.
(2) The Authority may make a claim on a financial
assurance for any reasonable costs incurred, or
that the Authority considers are likely to be
incurred, by the Authority in conducting the
remediation or clean up activities.
(3) The Authority may make a claim on a financial
assurance with respect to a power specified in
subsection (1)(b) whether or not any costs
incurred by the Authority in conducting the
remediation or clean up activities are the result of
an act or omission before the financial assurance
was provided.
(4) If the Authority makes a claim under this section
and the costs incurred by the Authority in
conducting the remediation or clean up activities
exceed the amount of the financial assurance, the
Authority may recover as a debt due to the Crown
in a court of competent jurisdiction any reasonable
costs incurred by the Authority in conducting the
remediation or clean up activities.
(5) If the Authority makes a claim under this section,
nothing in this Part prevents the Authority from
making a further claim for reasonable costs
incurred, or that the Authority considers are likely

242
No. 51 of 2017
to be incurred, in conducting clean up or

remediation activities.
(6) Any money recovered under this section is to be
paid into the Consolidated Fund.
228 Procedure for claim on financial assurance in the S. 228
inserted by
event of a person's failure to remediate or clean up No. 39/2018
s. 7 (as
(1) Before the Authority makes a claim on a financial amended by
assurance for a matter specified in section Nos 27/2019
ss 12−30,
227(1)(a), the Authority must— 3/2020 ss 42–
44, 47/2020
(a) notify the person who provided the financial s. 26).
assurance in writing; and
(b) invite the person who provided the financial
assurance to make a submission on the
Authority's intention to make a claim within
20 business days of the date of the notice;
and
(c) consider any submissions made within the
period specified in paragraph (b).
(2) The Authority may proceed with the claim
10 business days after the day the Authority
receives any submissions or within the period
specified in subsection (1)(b), whichever occurs
first.
(3) The Authority must notify the person who
provided the financial assurance of a decision
under subsection (2) in writing within 5 business
days of the day of the decision.
229 Procedure for claim on financial assurance in the S. 229
inserted by
event of immediate or serious risk No. 39/2018
s. 7 (as
If the Authority makes a claim on a financial amended by
assurance for a matter specified in section Nos 27/2019
ss 12−30,
227(1)(b), the Authority must— 3/2020 ss 42–
44, 47/2020
s. 26).

243
No. 51 of 2017
(a) notify the person who provided the financial

assurance in writing within 10 business days
of the date of the claim; and
(b) give reasons for making the claim.
Note
See section 294(1) for the Authority's power to conduct a
clean up if there is an immediate or serious risk of harm to
human health or the environment from pollution, waste or
contaminated land.
S. 230 230 Notice to replenish financial assurance
inserted by
No. 39/2018
s. 7 (as
(1) If the Authority makes a claim on a financial
amended by assurance, the Authority may require the person
Nos 27/2019
ss 12−30,
who provided the financial assurance to replenish
3/2020 ss 42– the amount of the financial assurance by giving
44, 47/2020
s. 26).
notice in writing.
(2) A notice under subsection (1) must set out the
amount the person is required to provide to
replenish the amount of the financial assurance
consequent to the claim.
(3) If a person is given notice under subsection (1),
the person must provide the amount required to
replenish the financial assurance within a period,
not less than 30 business days, to be specified by
the Authority.
S. 231 231 Specified conditions for release of financial
inserted by
No. 39/2018 assurance
s. 7 (as
amended by (1) The Authority must release all or part of a
Nos 27/2019
ss 12−30,
financial assurance (as the case requires) if the
3/2020 ss 42– financial assurance is—
44, 47/2020
s. 26). (a) provided as a condition of a prescribed
permission and the person who provided the
financial assurance no longer holds the
permission; or

244
No. 51 of 2017
(b) provided as a condition of a site management

order and the site management order no
longer applies to the person who provided
the financial assurance; or
(c) provided as a condition of an environmental
action notice and the notice no longer applies
to the person who provided the financial
assurance; or
(d) provided as a condition of an Order relating
to environmentally hazardous substances and
the Order no longer applies to the person
who provided the financial assurance; or
(e) no longer required following a review of the
financial assurance; or
(f) amended following a review of the financial
assurance.
(2) If the Authority releases all or part of a financial
assurance, the Authority must notify the person
who provided the financial assurance in writing.
232 Application for release of financial assurance S. 232
inserted by
(1) A person who provides a financial assurance No. 39/2018
s. 7 (as
under this Part may apply at any time to the amended by
Authority for the release of all or part of the Nos 27/2019
ss 12−30,
financial assurance. 3/2020 ss 42–
44, 47/2020
(2) In considering an application under subsection (1), s. 26).
the Authority must—
(a) have regard to the prescribed risk assessment
criteria; and
(b) notify the person of the Authority's decision
within 40 business days after the date the
application is received.
(3) If, in considering an application under subsection
(1), the Authority determines further information
is required the Authority may—

245
No. 51 of 2017
(a) request the person to provide further

information; and
(b) extend the period specified in subsection
(2)(b).
S. 233 233 Transfer of financial assurance
inserted by
No. 39/2018
s. 7 (as
(1) The Authority may transfer a financial assurance
amended by if—
Nos 27/2019
ss 12−30, (a) a person is required to provide a financial
assurance under section 219; and
3/2020 ss 42–
44, 47/2020
s. 26).
(b) that financial assurance may be released or
partly released to the person under section
231 or 232; and
(c) the person is required to provide another
financial assurance under section 219.
(2) The Authority must notify the person in writing of
a decision to transfer a financial assurance.
(3) On transferring a financial assurance, the
Authority may make any changes the Authority
considers necessary to implement the transfer in
an instrument or document.
(4) If a person is given notice under subsection (2)
and is required to provide a further amount as a
financial assurance, the person must provide the
further amount of the financial assurance within a
period, not less than 30 business days, to be
specified by the Authority.
S. 234 234 Enforcement of financial assurance
inserted by
No. 39/2018
s. 7 (as
(1) A person must not refuse or fail to do any of the
amended by following within the specified period—
Nos 27/2019
ss 12−30, (a) provide a financial assurance;
3/2020 ss 42–
44, 47/2020 (b) provide a further amount as a financial
s. 26).
assurance following amendment by the
Authority;

246
No. 51 of 2017
(c) replenish the amount of a financial assurance

consequent to a claim on the financial
assurance.
(2) If a person refuses or fails to fulfil a requirement
specified in subsection (1) when it is due, the
Authority may—
(a) suspend a permission issued or granted with
a condition requiring the holder of the
permission to provide a financial assurance,
until the person fulfils the requirement; or
(b) issue a prohibition notice in relation to the
particular activity for which the financial
assurance is provided.

247
No. 51 of 2017
Part 8.5—Advisory panels
Pt 8.5
(Heading and
s. 235)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 235 235 Advisory panels

inserted by
No. 39/2018
s. 7 (as
(1) The Authority may establish advisory panels for
amended by the purpose of providing advice to the Authority
Nos 27/2019
ss 12−30,
on any matter arising from the administration of
3/2020 ss 42– this Act or the regulations.
44, 47/2020
s. 26). (2) The Authority may determine—
(a) the process for establishing an advisory
panel; and
(b) the terms of reference for an advisory panel;
and
(c) matters relating to the procedure of an
advisory panel, including but not limited
to—
(i) the extent to which a panel can regulate
its own proceedings; and
(ii) reporting requirements; and
(iii) whether the panel may call for
submissions; and
(d) the terms and conditions of the appointment
of members of an advisory panel.
(3) The Authority may appoint any person to be a
member of an advisory panel that the Authority is
satisfied has the appropriate level of expert
knowledge, skills or experience.

248
No. 51 of 2017
(4) One member must be appointed as the chairperson

of the advisory panel.
(5) A member of the advisory panel is appointed for
the period (not exceeding 5 years) specified in the
instrument of appointment.
(6) A member of the advisory panel is eligible for
reappointment.
(7) A member of an advisory panel must be paid any
allowances and expenses that are determined by
the Authority.
(8) The Authority must have regard to, but is not
bound by, any advice provided by an advisory
panel.

249
No. 51 of 2017
Part 8.6—Conference of interested persons
Pt 8.6
(Heading and
ss 236–240)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 236 236 Authority may establish conference of interested

inserted by
No. 39/2018 persons
s. 7 (as
amended by (1) The Authority may establish a conference of
Nos 27/2019
ss 12−30,
interested persons in relation to any matter or
3/2020 ss 42– decision under consideration by the Authority.
44, 47/2020
s. 26). (2) A conference established under this section is for
the purposes of—
(a) assisting in the just resolution of the matter
or decision under consideration by the
Authority; and
(b) providing an informal means for the
Authority to consider the matter or decision.
(3) Subject to any rules made under section 239(1), in
establishing a conference of interested persons the
Authority may determine the procedure for—
(a) the convening and the conduct of the
conference of interested persons; and
(b) the making of recommendations arising out
of the conference of interested persons.

250
No. 51 of 2017

interested person means any of the following—
(a) a person, body or public entity that the
Authority considers has an interest in
the matter or decision under
consideration by the Authority;
(b) a person holding technical or scientific
expertise that the Authority considers
relevant to the matter or decision under
consideration by the Authority;
(c) a public entity that has requested to be
consulted in relation to the matter or
decision under consideration by the
Authority.
237 Appointment of convenor S. 237
inserted by
(1) In establishing a conference of interested persons No. 39/2018
s. 7 (as
under section 236, the Authority must appoint a amended by
person as the convenor of the conference. Nos 27/2019
ss 12−30,
(2) The function of a convenor appointed under
3/2020 ss 42–
44, 47/2020
subsection (1) is— s. 26).
(a) to convene the conference of interested

persons; and
(b) to preside at the conference of interested
persons; and
(c) for the purposes of section 238, to make any
recommendations to the Authority arising
out of the conference of interested persons.
238 Recommendations and additional material from S. 238
inserted by
conference of interested persons No. 39/2018
s. 7 (as
(1) A recommendation to the Authority arising out of amended by
a conference of interested persons may include Nos 27/2019
ss 12−30,
any comments, discussion or resolutions of the 3/2020 ss 42–
conference of interested persons. 44, 47/2020
s. 26).

251
No. 51 of 2017
(2) A recommendation to the Authority and any

comments, discussion or resolutions of the
conference of interested persons is not binding on
the Authority.
(3) A recommendation to the Authority and any
comments, discussion or resolutions of the
conference of interested persons must be
considered by the Authority in the taking of any
action in relation to the matter or decision under
consideration by the Authority that the conference
of interested persons was established in relation
to, only to the extent that the recommendation or
the comments, discussion or resolutions are a
relevant consideration for the matter or decision.
S. 239 239 Rules for conferences of interested persons
inserted by
No. 39/2018
s. 7 (as
(1) The Authority may make rules relating to
amended by conferences of interested persons by publishing a
Nos 27/2019
ss 12−30,
notice of the rules in the Government Gazette.
(2) The rules made under subsection (1) take effect on
3/2020 ss 42–
44, 47/2020
s. 26). the day the notice of the rules is published in the
Government Gazette, or on any later day specified
in the notice.
(3) The Authority must publish the rules made under
subsection (1) on the Internet site of the Authority.
S. 240 240 Participation to be voluntary
inserted by
No. 39/2018
s. 7 (as
(1) A conference of interested persons is voluntary
amended by and an interested person is under no obligation to
Nos 27/2019
ss 12−30,
attend.
(2) An interested person may withdraw from a
3/2020 ss 42–
44, 47/2020
s. 26). conference of interested persons at any time.

252
No. 51 of 2017
Chapter 9—Authorised officers, analysts and Ch. 9

(Headings
other appointments and ss 241–
269)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
Pt 9.1
s. 241)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).

inserted by
s. 7 (as
Chapter. amended by
Nos 27/2019
(2) Part 9.2 enables the Authority to appoint persons ss 12−30,
as authorised officers and analysts and to other
3/2020 ss 42–
44, 47/2020
prescribed roles. s. 26).
(3) Part 9.3 sets out the powers of entry and

inspection of authorised officers and persons
assisting authorised officers.
(4) An authorised officer may—
(a) request information for the purposes of
assisting with an investigation under this
Act; and
(b) give directions to address immediate risks of
harm to human health or the environment
from pollution or waste.

253
No. 51 of 2017
(5) The Authority may require persons to provide the

Authority with information for the purposes of
performing its functions and exercising its powers
under this Act and the regulations.
(6) A person must not obstruct or assault, intimidate
or threaten an authorised officer performing a
function or exercising a duty under this Act and
the regulations.

254
No. 51 of 2017
Part 9.2—Appointment of authorised officers and analysts and appointments
to other roles
Part 9.2—Appointment of authorised officers Pt 9.2

(Headings
and analysts and appointments to other roles and ss 242–
245)
inserted by
Division 1—Authorised officers No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
242 Authorised officers S. 242

inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
(1) The Authority may appoint as an authorised S. 242(1)

substituted by
officer, for the purposes specified in the No. 36/2022
instrument of appointment— s. 52(1).
(a) a person who is an officer or employee, or

each member of a class of officer or
employee, of—
(i) the Authority; or
(ii) a public sector body; or
(iii) a council; or
(iv) the Environment Protection Authority
established under the Protection of the
Environment Administration Act 1991
of New South Wales; or
(v) the Environment Protection Authority
established under the Environment
Protection Act 1993 of South Australia;
or
(b) a specified person or each member of a
specified class of persons.

255
No. 51 of 2017
to other roles
(2) A public sector body or council to which the

Authority has delegated a power or function under
section 437(1) may by instrument appoint an
employee or class of employee as an authorised
officer for the purposes of the power or function
delegated to the body or council.
S. 242(2A)
inserted by
(2A) In addition to subsection (2), a council to which
No. 36/2022 the Authority has delegated a power or function
s. 52(2). under section 437(1) may by instrument appoint a
specified person or each member of a specified
class of persons as an authorised officer for the
purposes of the power or function delegated to the
council.
S. 242(2B)
inserted by
(2B) If so requested by the Authority, a public sector
No. 36/2022 body or council who has appointed an authorised
s. 52(2). officer under subsection (2) or (2A), must prepare
and give to the Authority a written report that
contains—
(a) details of the exercise of the powers or
functions by the authorised person; and
(b) any other information or matter required by
the Authority.
S. 242(3)
amended by
(3) An appointment under subsection (1), (2)
No. 36/2022 or (2A)—
s. 52(3).
(a) is subject to any conditions or limitations
specified in the appointment; and
(b) is subject to any prescribed conditions or
limitations; and
(c) may at any time be varied, suspended or
revoked by the person or body who made the
appointment.

256
No. 51 of 2017
to other roles
243 Authorised officers' identity cards S. 243

inserted by
(1) A person or body must issue an identity card to No. 39/2018
each person that the person or body appoints as an s. 7 (as
amended by
authorised officer. Nos 27/2019
ss 12−30,
(2) An identity card issued under subsection (1) 3/2020 ss 42–
must— 44, 47/2020
s. 26).
(a) contain the name of the person to whom it is
issued; and
(b) contain a photograph of the person; and
(c) state that the person is an authorised officer
for the purposes of this Act.
(3) Authorised officers must produce their identity
card for inspection if asked to do so when
performing a function or exercising a power under
this Act.
(4) If a person to whom an identity card has been
issued under subsection (1) ceases to be an
authorised officer, the person must return the
identity card to the person or body that issued the
identity card as soon as practicable.
244 Directions in respect of authorised officers S. 244
inserted by
(1) The Authority may give directions in respect of— No. 39/2018
s. 7 (as
(a) the qualifications or training a person must
amended by
Nos 27/2019
have before the person may be appointed as ss 12−30,
an authorised officer; or
3/2020 ss 42–
44, 47/2020
s. 26).
(b) the procedure for appointing a person as an
authorised officer; or
(c) the conduct of authorised officers.
(2) A person or body who is given a direction under
subsection (1) must comply with that direction.

257
No. 51 of 2017
to other roles
Division 2—Other appointments by Authority

S. 245 245 Authority may appoint analysts and prescribed
inserted by roles
No. 39/2018
s. 7 (as
amended by
(1) The Authority may appoint as an analyst, for the
Nos 27/2019 purposes specified in the instrument of
ss 12−30,
3/2020 ss 42–
appointment, any natural person or class of natural
44, 47/2020 person.
s. 26).
(2) The Authority may appoint as the holder of a
prescribed role, for the purposes specified in the
instrument of appointment, any person or class of
person.
(3) The Authority may, in an instrument of
appointment under subsection (1) or (2)—
(a) specify the term of the appointment; and
(b) impose conditions on the appointment.
(4) The Authority may suspend, vary or revoke an
appointment under subsection (1) or (2).
(5) The Authority must not appoint a person under
subsection (1) or (2) unless the person has paid
any prescribed fee.

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Part 9.3—Inspection and inquiry powers
Part 9.3—Inspection and inquiry powers Pt 9.3

(Headings
and ss 246–
Division 1—Powers of entry and inspection 269)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
246 Authorised officer may enter and inspect any place S. 246
inserted by
or premises No. 39/2018
s. 7 (as
(1) For the purpose of performing a function or duty amended by
or exercising a power under this Act, an Nos 27/2019
ss 12−30,
authorised officer may enter and inspect a place or 3/2020 ss 42–
premises. 44, 47/2020
s. 26).
(2) Without limiting subsection (1), an authorised
officer may enter and inspect a place or premises
for the following purposes—
(a) determining if a person has contravened this
Act or the regulations;
(b) monitoring compliance with this Act or the
regulations;
(c) determining if there is a risk of harm to
human health or the environment from
pollution, waste or contaminated land;
(d) inspecting or testing equipment or a vehicle.
(3) An authorised officer may exercise a power to
enter and inspect a place or premises—
(a) at any reasonable time; and
(b) at any other time, if the authorised officer
reasonably believes there is an immediate
risk of material harm to human health or the
environment.

259
No. 51 of 2017
S. 247 247 Entry and inspection of a place or premises when

inserted by open to the public
No. 39/2018
s. 7 (as
amended by
An authorised officer may enter and inspect a
Nos 27/2019 place or premises that is, at the time of entry, open
ss 12−30,
3/2020 ss 42–
to the public.
44, 47/2020
s. 26).
S. 248 248 Residential premises

inserted by
No. 39/2018
s. 7 (as
(1) An authorised officer must not enter and inspect
amended by premises that are used only for residential
Nos 27/2019
ss 12−30,
purposes except—
(a) with the consent of the occupier for the time
3/2020 ss 42–
44, 47/2020
s. 26). being of the premises; or
(b) under the authority of a search warrant; or
(c) if the authorised officer reasonably believes
that a person has contravened, is
contravening or is about to contravene, a
provision of this Act or the regulations; or
(d) if the authorised officer reasonably believes
there is an immediate risk of material harm
to human health or the environment.
(2) An authorised officer may only exercise a power
to enter and inspect residential premises in
circumstances specified in subsection (1)(c) or (d)
in a part of the premises that the authorised officer
believes is necessary to enter and inspect for the
purpose of determining if—
(a) a person has contravened, is contravening or
is about to contravene, a provision of this
Act or the regulations; or
(b) if there is an immediate risk of material harm
to human health or the environment.

260
No. 51 of 2017
249 Announcement on entry S. 249

inserted by
(1) Immediately on entering a place or premises under No. 39/2018
this Division, an authorised officer must take all s. 7 (as
amended by
reasonable steps to notify the occupier or apparent Nos 27/2019
occupier for the time being of the place or ss 12−30,
3/2020 ss 42–
premises of the entry and produce the authorised 44, 47/2020
officer's identity card for inspection by that s. 26).
person.
(2) An authorised officer is not required to notify, or
produce the authorised officer's identity card for
inspection by a person if—
(a) to do so would unreasonably interfere with
performing a function or duty or exercising a
power under this Act or cause unreasonable
delay; or
(b) the person has been notified in advance of
the entry.
250 Persons assisting authorised officer S. 250
inserted by
(1) An authorised officer may request the assistance No. 39/2018
s. 7 (as
of any person for the purpose of entry and amended by
inspection of a place or premises and the taking of Nos 27/2019
ss 12−30,
any other action under this Division. 3/2020 ss 42–
44, 47/2020
(2) The occupier or person in management or control s. 26).
of a place or premises must allow the person
assisting an authorised officer access to the place
or premises.
60 penalty units;
300 penalty units.

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(3) If an authorised officer uses the assistance of an

interpreter—
(a) an enquiry or request made by the interpreter
on the authorised officer's behalf is taken to
be made by the authorised officer; and
(b) an answer given to the interpreter is taken to
be given to the authorised officer.
S. 251 251 Powers on entry
inserted by
No. 39/2018
s. 7 (as
(1) An authorised officer who enters a place or
amended by premises under this Division may do or cause to
Nos 27/2019
ss 12−30,
be done any thing or action the authorised officer
3/2020 ss 42– reasonably believes is necessary for the purpose of
44, 47/2020
s. 26).
power under this Act.
(2) Without limiting subsection (1), an authorised
officer who enters a place or premises under this
Division may do all or any of the following that
the authorised officer reasonably believes is
necessary for the purpose of performing a function
or duty or exercising a power under this Act—
(a) inspect, examine and make enquiries about a
thing at the place or premises;
(b) take and remove samples of a substance or
thing at the place or premises;
(c) carry out testing and examination;
(d) take photographic, audio, video or any other
type of recording;
(e) examine, copy or take extracts from a
document;
(f) inspect, examine or test any plant,
equipment, vehicle, or other thing;
(g) bring equipment or materials to the place or
premises;

262
No. 51 of 2017
(h) seize and remove a thing connected with a

suspected contravention of this Act or the
regulations;
(i) request the assistance of a person at the place
or premises;
(j) take any other action.
(3) For the purposes of subsection (2)(c) and (f), an
authorised officer may carry out or cause to be
carried out any testing and examination of a thing,
including testing of a thing that results in the
destruction of that thing.
(4) An authorised officer must take reasonable steps
to—
(a) minimise disruption caused by entry and
inspection of a place or premises and of
taking any action under this section; and
(b) ensure the authorised officer does not remain
at a place or premises any longer than is
reasonably necessary.
252 Authorised officer may require production of S. 252
inserted by
documents No. 39/2018
s. 7 (as
(1) An authorised officer who enters a place or amended by
premises under this Division may do all or any of Nos 27/2019
ss 12−30,
the following for the purpose of performing a 3/2020 ss 42–
function or duty or exercising a power under this 44, 47/2020
s. 26).
Act—
(a) require a person to produce a document or
part of a document, located at the place or
premises, that is in the person's possession or
control;
(b) examine the document or part of the
document;

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No. 51 of 2017
(c) retain the document or part of the document

for as long as is reasonably necessary to
fulfil the purpose that it is required for;
(d) take extracts from and make copies of the
document or part of the document.
refuse or fail to comply with a request under
subsection (1).
60 penalty units;
300 penalty units.
S. 253 253 Authorised officer may require information or
inserted by
No. 39/2018 answers
s. 7 (as
amended by (1) An authorised officer who enters a place or
Nos 27/2019
ss 12−30,
premises under this Division may require a person
3/2020 ss 42– at the place or premises to give any information or
44, 47/2020
s. 26).
answer any question for the purpose of performing
a function or duty or exercising a power under this
Act.
(2) An authorised officer must only require
information or answers from a person if the
authorised officer reasonably believes that the
person has knowledge of a matter or thing
relevant to another person's compliance with this
Act or the regulations.
refuse or fail to comply with a request under
subsection (1).
60 penalty units;
300 penalty units.

264
No. 51 of 2017
254 Report to be given about entry and inspection of S. 254

place or premises inserted by
No. 39/2018
(1) An authorised officer who enters and inspects a s. 7 (as
amended by
place or premises under this Division must give a Nos 27/2019
report concerning the entry to the occupier or ss 12−30,
3/2020 ss 42–
apparent occupier for the time being of the place 44, 47/2020
or premises when, or as soon as practicable after, s. 26).
the authorised officer leaves the place or premises.

(2) The report must be in writing and include the
following—
(a) the time of the entry and departure;
(b) the purpose of the entry and inspection;
(c) a description of any actions taken at the
place or premises;
(d) a summary of any observations of the
authorised officer at the place or premises;
(e) the procedure for contacting the Authority
and the authorised officer for further details
of the entry and inspection.
Division 2—Information gathering notices

255 Authority may serve information gathering notice S. 255
inserted by
(1) For the purpose of performing a function or duty No. 39/2018
or exercising a power under this Act, the s. 7 (as
amended by
Authority may serve an information gathering Nos 27/2019
notice on a person requiring the person to do all or ss 12−30,
3/2020 ss 42–
any of the following— 44, 47/2020
s. 26).
(a) provide to the Authority any information or
class of information specified in the notice
before a specified time and in a specified
manner;
(b) produce to the Authority a document or class
of document specified in the notice that is in
the person's possession, custody or control,

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before a specified time and in a specified

manner;
(c) to appear before the Authority at a time and
place specified in the notice to do all or any
of the following—
(i) to give information specified in the
notice, either orally or in writing;
(ii) to produce a document or class of
document specified in the notice that is
in the person's possession, custody or
control.
refuse or fail to comply with a requirement under
subsection (1).
60 penalty units;
300 penalty units.
S. 256 256 Form of information gathering notice
inserted by
No. 39/2018
s. 7 (as
An information gathering notice must—
(a) be in writing; and
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42– (b) specify the following matters—
44, 47/2020
s. 26). (i) the person on whom it is served;
(ii) the purpose of the information
gathering notice;
(iii) the period for complying with the
notice, being not less than 10 business
days; and
(c) in the case of a natural person, explain that
the person may refuse or fail to give the
information specified in the information
gathering notice if giving that information
would tend to incriminate the person.

266
No. 51 of 2017
Note
Under section 268 it is a reasonable excuse for a
natural person to refuse or fail to give information if
the giving of the information would tend to
incriminate the person. However that excuse does not
apply to the production of a document.
257 Extension of time under information gathering S. 257
inserted by
notice No. 39/2018
s. 7 (as
The Authority may, by written notice given to the amended by
person on whom an information gathering notice Nos 27/2019
ss 12−30,
has been served— 3/2020 ss 42–
44, 47/2020
(a) extend the period for complying with the s. 26).
notice, if the Authority is satisfied that the
circumstances of the case justify an
extension; and
(b) revoke or amend a requirement specified in
the notice.
258 Court orders S. 258
inserted by
(1) The Authority may apply to the Court for an order No. 39/2018
s. 7 (as
compelling a person to comply with an amended by
information gathering notice. Nos 27/2019
ss 12−30,
(2) The Authority may apply for an order under
3/2020 ss 42–
44, 47/2020
subsection (1) whether or not a proceeding has s. 26).
been commenced for an offence against this Act
or the regulations.
Division 3—Power to ask person's name and

address
259 Authorised officer may ask person's name and S. 259
address inserted by
No. 39/2018
(1) An authorised officer may ask a person to state the s. 7 (as
amended by
person's name and address if the authorised officer Nos 27/2019
reasonably believes that the person— ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).

267
No. 51 of 2017
(a) may be able to assist in the investigation of

an indictable offence against this Act that has
been committed or is suspected of having
been committed; or
(b) has committed, is committing or is about to
commit an offence against this Act or the
regulations.
(2) The authorised officer must—
(a) inform the person of the reasons for the
authorised officer's belief; and
(b) if subsection (1)(b) applies, give the person
sufficient information to enable the person to
understand the nature of the offence the
authorised officer believes that the person
has committed, is committing or is about to
commit.
(3) If an authorised officer asks a natural person to
state the person's name and address, the person
must not do any of the following—
(a) refuse or fail to comply;
(b) state a name that is false in a material
particular;
(c) state an address other than the person's full
and correct address.
Division 4—Power to give directions

S. 260 260 Authorised officer may give directions
inserted by
No. 39/2018 (1) An authorised officer may give a direction to a
s. 7 (as
amended by
person to do, or cause to be done, any action or
Nos 27/2019 thing that the authorised officer reasonably
ss 12−30,
3/2020 ss 42–
believes is necessary to address the existence or
44, 47/2020 likely existence of an immediate risk of material
s. 26). harm to human health or the environment.

268
No. 51 of 2017

refuse or fail to comply with a direction given to
the person under subsection (1).
500 penalty units;
2500 penalty units.
(3) A direction under subsection (1) may be given
orally or in writing.
offence.
Note
(5) The Authority must pay to a person any
reasonable costs incurred by the person in
complying with a direction given under subsection
(1).
(6) Subsection (5) does not apply if the person caused
or permitted the situation giving rise to the
authorised officer's reasonable belief of the
existence or likely existence of an immediate risk
of material harm to human health or the
environment.
(7) The Authority may recover in a court of
competent jurisdiction as a debt due to the
Authority any payment made under subsection (5)
from a person who caused or permitted the
situation giving rise to the authorised officer's
reasonable belief of the existence or likely
existence of an immediate risk of material harm to
human health or the environment.
(8) Any costs recovered under this section are to be

269
No. 51 of 2017
Division 5—Search warrants

S. 261 261 Authorised officer may apply for search warrants
inserted by
No. 39/2018 (1) An authorised officer may apply to a magistrate
s. 7 (as
amended by
for the issue of a search warrant in relation to a
Nos 27/2019 place or premises if the authorised officer
ss 12−30,
3/2020 ss 42–
reasonably believes that—
44, 47/2020
s. 26).
(a) there is, or may be within the next 72 hours,
a particular thing (including a document) at
the place or premises; and
(b) the particular thing may afford evidence of
the commission of an offence against this
Act or the regulations.
(2) A magistrate may issue the search warrant if the
magistrate is satisfied by evidence given under
oath or affirmation, whether oral or by affidavit,
of the authorised officer's reasonable belief.
(3) The search warrant may authorise an authorised
officer and any assistants the authorised officer
considers necessary—
(a) to enter the place or premises named or
described in the warrant; and
(b) to search for the thing named or described in
the warrant.
(4) In addition to any other requirement, the search
warrant must state the following—
(a) the offence suspected;
(b) the place or premises to be searched;
(c) a description of the thing that the search is
made for;
(d) any conditions that the warrant is subject to;
(e) whether entry is authorised to be made at any
time or during specified hours;

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(f) that the warrant authorises entry on only one

occasion;
(g) a day, not later than 7 days after the day the
warrant is issued, that the warrant ceases to
have effect;
(h) that the warrant is issued in accordance with
the Magistrates' Court Act 1989.
(5) A search warrant must be issued in accordance
with the Magistrates' Court Act 1989 and in the
form prescribed under that Act.
(6) The rules that apply to search warrants mentioned
in the Magistrates' Court Act 1989 extend and
apply to search warrants issued under this section.
262 Announcement before entry on warrant S. 262
inserted by
(1) Before executing a search warrant, the authorised No. 39/2018
s. 7 (as
officer executing the warrant or any assistant to amended by
the authorised officer must— Nos 27/2019
ss 12−30,
(a) announce that the authorised officer is
3/2020 ss 42–
44, 47/2020
authorised by the warrant to enter the place s. 26).
or premises to be searched; and
(b) give any person at the place or premises an
opportunity to allow that entry.
(2) Subsection (1) does not apply if the authorised
officer reasonably believes that complying with
subsection (1) would frustrate the effective
execution of the search warrant.
263 Copy of warrant to be given to occupier S. 263
inserted by
If an occupier or apparent occupier is present at a No. 39/2018
s. 7 (as
place or premises that is named or described in a amended by
search warrant at the time an authorised officer Nos 27/2019
ss 12−30,
executes the search warrant, the authorised officer 3/2020 ss 42–
must— 44, 47/2020
s. 26).
(a) produce the authorised officer's identity card
for inspection; and

271
No. 51 of 2017
(b) give that person a copy of the execution copy

of the warrant.
Division 6—Return and forfeiture of seized things

S. 264 264 Return of seized things
inserted by
No. 39/2018 (1) As soon as possible after an authorised officer
s. 7 (as
amended by
seizes or obtains a thing (including a document)
Nos 27/2019 under this Part, the Authority must return the thing
ss 12−30,
3/2020 ss 42–
to the owner unless—
44, 47/2020
s. 26).
(a) the Authority considers it necessary to retain
the thing because it may afford evidence in a
proceeding that has been, or may be,
commenced for an offence against this Act
or the regulations; or
(b) the thing is forfeited to the Authority under
section 265; or
(c) the Authority is otherwise authorised,
whether by an Act or other law or by a court
order, to retain, destroy or dispose of the
thing.
(2) The Authority may return the thing
unconditionally or on such terms and conditions
as the Authority considers appropriate to minimise
risks of harm to human health or the environment
(3) If the Authority imposes terms or conditions on
the return of a thing, the owner must comply with
the terms and conditions.
60 penalty units;
300 penalty units.

272
No. 51 of 2017
265 Forfeiture of seized things S. 265

inserted by
(1) Any thing (including a document) that an No. 39/2018
authorised officer has seized and retained under s. 7 (as
amended by
this Part is forfeited to the Authority if the Nos 27/2019
Authority— ss 12−30,
3/2020 ss 42–
(a) cannot find the owner despite making 44, 47/2020
s. 26).
reasonable enquiries; or
(b) cannot return it to the owner despite making
reasonable efforts; or
(c) considers it necessary to retain the thing to
prevent the commission of an offence against
this Act or the regulations.
(2) If a thing is forfeited to the Authority under
subsection (1)(c), the Authority must give the
owner written notice and set out how the owner
may apply to VCAT for review of the decision to
forfeit the thing, unless the Authority cannot find
the owner despite making reasonable enquiries.
Division 7—Offences relating to authorised officers

266 Obstruction of authorised officer S. 266
inserted by
If an authorised officer is performing a function or No. 39/2018
duty or exercising a power under this Act, a s. 7 (as
amended by
person must not do any of the following— Nos 27/2019
ss 12−30,
(a) hinder, delay or obstruct the authorised 3/2020 ss 42–
officer or any person assisting the authorised 44, 47/2020
s. 26).
officer;
(b) conceal from the authorised officer the
location or existence of any person or thing;

273
No. 51 of 2017
(c) use abusive, threatening or insulting

language to the authorised officer or any
person assisting the authorised officer.
60 penalty units;
300 penalty units.
S. 267 267 Assault, intimidation or threatening of authorised
inserted by
No. 39/2018 officer
s. 7 (as
amended by If an authorised officer is performing a function or
Nos 27/2019
ss 12−30,
duty or exercising a power under this Act, a
3/2020 ss 42– person must not do any of the following——
44, 47/2020
s. 26). (a) assault the authorised officer or any person
assisting the authorised officer;
(b) directly or indirectly intimidate or threaten
the authorised officer or any person assisting
the authorised officer;
(c) attempt to assault, intimidate or threaten the
authorised officer or any person assisting the
authorised officer.
Penalty: In the case of a natural person, 2 years
imprisonment, or 240 penalty units, or
both;
1200 penalty units.
Division 8—General
S. 268 268 Protection against self-incrimination
inserted by
No. 39/2018 (1) It is a reasonable excuse for a natural person to
s. 7 (as
amended by
refuse or fail to give information, or do any other
Nos 27/2019 thing that the person is required to do, under this
ss 12−30,
3/2020 ss 42–
Part if the giving of the information or the doing
44, 47/2020 of the thing would tend to incriminate the person.
s. 26).

274
No. 51 of 2017
(2) Despite subsection (1), it is not a reasonable

excuse for a natural person to refuse or fail to
produce a document that the person is required to
produce under this Part if the production of the
document would tend to incriminate the person.
269 Motor vehicle compliance S. 269
inserted by
If a police officer or an officer authorised under No. 39/2018
s. 7 (as
section 13 of the Road Safety Act 1986 lawfully amended by
stops a motor vehicle, an authorised officer may Nos 27/2019
ss 12−30,
conduct any inspection, measurement or test in 3/2020 ss 42–
relation to the motor vehicle, for the purpose of 44, 47/2020
s. 26).
power under this Act.

275
No. 51 of 2017
Ch. 10
(Headings
Chapter 10—Notices
and ss 270–
298)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
Pt 10.1
(Heading and
s. 270)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).

inserted by
No. 39/2018
s. 7 (as
amended by Chapter.
Nos 27/2019
ss 12−30, (2) Part 10.2 enables the Authority to issue
improvement and prohibition notices in
3/2020 ss 42–
44, 47/2020
s. 26). circumstances where the Authority believes that a
person—
(a) is contravening this Act; or
(b) is not complying with a permission under
this Act; or
(c) is likely to cause harm to human health or
the environment from pollution or waste.
(3) Part 10.3 enables the Authority to issue notices to
investigate and environmental action notices in
circumstances where the Authority believes that—
(a) land is or may be contaminated; or

276
No. 51 of 2017
(b) a pollution incident has occurred; or

(c) industrial waste is at a place or premises
unlawfully; or
(d) there is a risk to human health or the
environment arising from pollution or the
depositing, storage or handling of waste.
(4) Part 10.4 enables the Authority to issue a site
management order in circumstances where the
Authority believes that long-term management of
the site is necessary because contamination,
pollution or waste poses a risk of harm to human
health or the environment.
(5) Part 10.5 enables the Authority to issue non
disturbance notices in order to facilitate the
performance of its functions or exercise of its
powers under this Act.
(6) Part 10.6 deals with general matters relating to
notices, such as amendment, notification and
continuing effect of notices.
(7) Part 10.7 enables the Authority to redirect
obligations under a notice or order from a body
corporate to a related entity or an officer of the
body corporate.
(8) Part 10.8 sets out the offences relating to notices
and orders under this Chapter.
(9) Part 10.9 enables the Authority—
(a) to exercise clean up powers when it believes
there is immediate or serious risk of harm to
human health or the environment arising
from pollution, waste or contamination; and
(b) to recover costs of conducting activities
under this Chapter.

277
No. 51 of 2017
Part 10.2—Improvement and prohibition notices
Pt 10.2
(Headings
Part 10.2—Improvement and prohibition
and ss 271,
272)
notices
inserted by
No. 39/2018
s. 7 (as
Division 1—Improvement notices
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 271 271 Improvement notices
inserted by
No. 39/2018
s. 7 (as
(1) The Authority or an authorised officer may issue a
amended by person with an improvement notice if the
Nos 27/2019
ss 12−30,
Authority or authorised officer reasonably
3/2020 ss 42– believes that the person—
44, 47/2020
s. 26). (a) is contravening or has contravened a
provision of this Act, the regulations or a
subordinate instrument made under this Act;
or
(b) is not complying or has not complied with a
permission issued or granted under this Act;
or
(c) has engaged in or proposes to engage in an
activity that has caused or is likely to cause
harm to human health or the environment
(2) An improvement notice may require the person to
whom it is issued—
(a) to take any action that the Authority or
authorised officer reasonably considers
necessary to remedy the contravention, or
the matters or activities that are causing the
contravention; or
(b) to remedy the activity that has caused or is
likely to cause harm to human health or the

278
No. 51 of 2017
(3) A requirement contained in an improvement

notice may include directions as to the measures
to be taken for the purpose of remedying the
matters referred to in subsection (2), including but
not limited to clean up measures.
(4) An improvement notice must—
issued; and
the notice; and
(f) specify how the person may seek review of
the decision to issue the notice.
Division 2—Prohibition notices

272 Prohibition notices S. 272
inserted by
(1) The Authority or an authorised officer may issue a No. 39/2018
person with a prohibition notice if the Authority s. 7 (as
amended by
or authorised officer reasonably believes— Nos 27/2019
ss 12−30,
(a) that the person— 3/2020 ss 42–
44, 47/2020
(i) is contravening or has contravened a s. 26).
provision of this Act, the regulations or
a subordinate instrument made under
this Act; or
(ii) is not complying or has not complied S. 272(1)(a)(ii)
amended by
with a permission issued or granted No. 36/2022
under this Act; or s. 53.

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(iii) has engaged in or proposes to engage in

an activity that has caused or is likely to
cause harm to human health or the
and
(b) that, having regard to the immediacy of the
risk and degree of harm that could occur,
prohibiting the person from engaging in an
activity is necessary to prevent or minimise
any harm to human health or the
(2) A prohibition notice may—
(a) prohibit the person to whom it is issued from
engaging in the activity, whether or not the
person is engaging in the activity at the time
the notice is issued; and
(b) require the person to do any other thing that
the Authority or authorised officer
reasonably considers necessary to prevent or
minimise the harm or risk of the harm.
(3) A prohibition notice must—
issued; and
(d) specify the date from which the prohibition
takes effect and the period within which the
person must do any other thing required by
the notice; and

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No. 51 of 2017

the notice; and
(f) specify how the person may seek review of

281
No. 51 of 2017
Part 10.3—Notices to investigate and environmental action notices
Pt 10.3
(Headings
Part 10.3—Notices to investigate and
and ss 273,
274)
environmental action notices
inserted by
No. 39/2018
s. 7 (as
Division 1—Notice to investigate
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 273 273 Notice to investigate

inserted by
No. 39/2018
s. 7 (as
amended by person referred to in subsection (2) with a notice
Nos 27/2019
ss 12−30,
to investigate if the Authority or the authorised
3/2020 ss 42– officer reasonably believes any of the following
44, 47/2020
s. 26).
circumstances exist—
(a) land is or may be contaminated;
(b) a pollution incident has occurred;
unlawfully;
(d) there is a risk of harm to human health or the
environment arising from pollution or the
depositing, storage or handling of waste.
(2) For the purposes of subsection (1), a notice to
investigate may be issued to any of the
following—
(a) the person who the Authority or authorised
officer reasonably believes caused or
permitted the circumstances which are the
subject of the notice (the relevant
circumstances);
(b) the current owner or occupier of the land at
which the relevant circumstances exist;

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No. 51 of 2017
(c) the owner or occupier of the land at which

the relevant circumstances exist, at the time
the relevant circumstances first came into
being.
(3) A notice to investigate may require the person to
whom it is issued to do any or all of the
following—
(a) investigate whether the relevant
circumstances exist;
(b) investigate the nature and extent of the
relevant circumstances, including the nature
and extent of any harm or risk of harm to
human health or the environment arising
from the relevant circumstances;
(c) to report to the Authority on, or provide the
Authority with, any specified information
regarding the investigation;
(d) conduct the investigation in the manner and
within the time specified by the notice.
(4) A notice to investigate must—
issued; and
the notice; and
(f) specify how the person may seek a review of

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No. 51 of 2017
Division 2—Environmental action notice

S. 274 274 Environmental action notice
inserted by
No. 39/2018 (1) The Authority or an authorised officer may issue a
s. 7 (as
amended by
person referred to in subsection (2) with an
Nos 27/2019 environmental action notice if the Authority or the
ss 12−30,
3/2020 ss 42–
authorised officer reasonably believes any of the
44, 47/2020 following circumstances exist—
s. 26).
(a) land is or may be contaminated;
(b) a pollution incident has occurred or is
occurring that has caused, or is likely to
cause, harm to human health or the
environment;
unlawfully;
(d) any other circumstances exist arising from
pollution or the depositing, storage or
handling of waste that have caused or are
likely to cause harm to human health or the
environment;
(e) a person referred to in subsection (2) was
issued with a notice to investigate and has
failed to comply with that notice.
(2) For the purposes of subsection (1), an
environmental action notice may be issued to any
of the following—
(a) the person who the Authority or authorised
officer reasonably believes caused or
permitted the circumstances which are the
subject of the notice (the relevant
circumstances);
(b) the current owner or occupier of the land at
which the relevant circumstances exist;

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No. 51 of 2017
(c) the owner or occupier of the land at which

the relevant circumstances exist, at the time
the relevant circumstances first came into
being.
(3) An environmental action notice must—
issued; and
the notice; and
(f) specify how the person may seek a review of
(4) The Authority or an authorised officer may
specify in an environmental action notice any
condition, requirement, restriction, performance
standard or level that the Authority or the
authorised officer thinks fit, including a
requirement to do any or all of the following—
(a) to take the clean up measures as specified in
the notice;
(b) to take waste to a place or premises that may
lawfully accept that waste;
(c) to cease accepting industrial waste at a place
or premises where it cannot be lawfully
accepted;
(d) to reduce stockpiles of waste at a place or
premises;

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No. 51 of 2017
(e) to remediate contaminated land through

active or passive measures, or a mixture of
both;
(f) if the notice is issued in the circumstances of
a person's failure to comply with a notice to
investigate, to do any of the things specified
in the notice to investigate that have not been
done.
(5) An environmental action notice applies
notwithstanding anything to the contrary in—
(a) the Planning and Environment Act 1987 or
any regulations, planning scheme or permit
made, approved or granted under that Act;
and
(b) the Building Act 1993 or any regulations or
permit made or granted under that Act.
incurred in complying with an environmental
action notice, including any reasonable costs
incurred by the person in taking action under this
section, against any person responsible for causing
or contributing to contamination of the land.

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No. 51 of 2017
Part 10.4—Site management orders
Part 10.4—Site management orders Pt 10.4

(Heading and
ss 275–277)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
275 Site management orders S. 275

inserted by
(1) Subject to subsection (4), the Authority may issue No. 39/2018
s. 7 (as
a site management order in respect of any site amended by
(other than a prescribed site) if the Authority Nos 27/2019
ss 12−30,
reasonably believes that long-term management of 3/2020 ss 42–
the site is necessary because land on the site is 44, 47/2020
s. 26).
contaminated, or there is harm or a risk of harm to
human health or the environment from pollution
or waste.
(2) For the purposes of subsection (1), the Authority
may consider harm that would be caused or would
be likely to be caused if—
(a) an existing measure is not maintained or
modified; or
(b) a new measure is not put in place; or
(c) a specific event, activity or land use takes
place on the site.
(3) A site management order may be issued to any of
the following persons—
(a) the current owner or occupier of the site;
(b) in the case of a site that is on Crown land,
the person that has the management or
control of the land for the time being.

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(4) The Authority must consult with the Minister

administering the Mineral Resources
(Sustainable Development) Act 1990 before
issuing a site management order to a person in
respect of—
(a) a mine (within the meaning of that Act); or
(b) a site where extractive industry (within the
meaning of that Act) is occurring or has
occurred.
(5) A site management order must—
(a) describe the site to which it applies; and
(b) set out the grounds on which it is issued; and
(c) set out the measures to be undertaken.
(6) A site management order may—
(a) specify a time within which to undertake a
measure; or
(b) specify that a measure must be undertaken
until a specified event or circumstance
occurs or a specified outcome is achieved; or
(c) not specify any time frame.
(7) The measures that may be set out in a site
management order include, but are not limited to,
any of the following—
(a) developing or implementing a plan for
managing environmental risks on the site;
(b) installing management infrastructure or
monitoring equipment;
(c) undertaking monitoring activities;
(d) reporting to the Authority or another
specified person on specified matters at
specified periods;

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No. 51 of 2017
(e) notifying the Authority or another specified

person if a specified event occurs;
(f) undertaking a specified course of action if a
specified event occurs;
(g) maintaining or increasing any management
control measures that are already being
undertaken on the site;
(h) not carrying out, or allowing other persons to
carry out, any specified activities on the site;
(i) not using the site, or allowing other persons
to use the site, for specified purposes;
(j) long-term or passive remediation actions.
Note
The Authority can require the occupier of a site that is the
subject of a site management order to make a financial
assurance—see Part 8.4.
(8) A site management order operates for the period
specified in the order (if any) and may operate
indefinitely.
(9) The Authority may vary or revoke a site
management order as it considers appropriate,
either on its own motion or on application under
section 277.
(10) The Authority must revoke a site management
order if it considers that long term management of
the site is no longer necessary.
incurred in complying with a site management
order, including any reasonable costs incurred by
the person in taking action under this section,
against any person responsible for causing or
contributing to contamination of the land.

289
No. 51 of 2017
S. 276 276 Status of site management orders

inserted by
No. 39/2018 (1) A site management order is binding on—
s. 7 (as
amended by (a) the owner, occupier or person that has the
Nos 27/2019
ss 12−30,
management or control of the land who is
3/2020 ss 42– served with it; and
44, 47/2020
s. 26). (b) each subsequent owner, occupier or person
with the management or control of the land
for the time being, as if each such person had
been served with the site management order
on becoming the owner, occupier or person
with the management or control of the land.
(2) A site management order is a statutory charge
within the meaning of the Transfer of Land
Act 1958, as if the Authority is the person who
benefits from the statutory charge.
(3) A site management order applies notwithstanding
anything to the contrary in—
(a) the Planning and Environment Act 1987 or
any regulations, planning scheme or permit
made, approved or granted under that Act;
and
(b) the Building Act 1993 or any regulations or
permit made or granted under that Act.
S. 277 277 Application to vary or revoke site management
inserted by
No. 39/2018 order
s. 7 (as
amended by (1) A person who is bound by a site management
Nos 27/2019
ss 12−30,
order may apply to the Authority for the variation
3/2020 ss 42– or revocation of the order on the following
44, 47/2020
s. 26).
grounds—
(a) the measures specified in the order are not
reasonably practicable or proportionate to the
grounds specified in the order;
(b) long-term management of the site is no
longer necessary.

290
No. 51 of 2017
(2) An application under subsection (1) must be

accompanied by the prescribed fee.

291
No. 51 of 2017
Part 10.5—Non-disturbance notices
Pt 10.5
(Heading and
s. 278)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 278 278 Power to issue a non-disturbance notice

inserted by
No. 39/2018
s. 7 (as
amended by non-disturbance notice to a person who is or
Nos 27/2019
ss 12−30,
appears to be the occupier for the time being of a
3/2020 ss 42– place or premises if the Authority or the
44, 47/2020
s. 26).
authorised officer reasonably believes it is
necessary to do so to facilitate the performance of
functions or exercise of powers under this Act in
relation to the place or premises.
(2) A non-disturbance notice may require a person
to—
(a) stop the use or movement of, or interference
with, any specified plant, equipment,
substance or other thing at the place or
premises; and
(b) prevent the disturbance of the specified
plant, equipment, substance or other thing or
a specified area of the place or premises
where the plant, equipment, substance or
other thing is located.
(3) A non-disturbance notice must specify the period
(of no more than 7 days) for which it applies and
set out—
(a) the obligations of the person to whom the
notice is issued; and
(b) the penalty for contravening the notice; and

292
No. 51 of 2017
(c) how the person may seek review of the issue

of the notice.
(4) The Authority or an authorised officer may issue
one or more subsequent non disturbance notices to
a person, whether before or after the expiry of the
previous notice, each of which must comply with
this section.

293
No. 51 of 2017
Part 10.6—General matters relating to notices
Pt 10.6
(Heading and
Part 10.6—General matters relating to
ss 279–282)
inserted by
notices
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 279 279 Amendment of notices

inserted by
No. 39/2018
s. 7 (as
The Authority or an authorised officer may, by
amended by notice in writing given to the person to whom a
Nos 27/2019
ss 12−30,
notice under Part 10.2 or 10.3 has been issued—
(a) extend the period during which the person
3/2020 ss 42–
44, 47/2020
s. 26). must comply with the notice if the Authority
or authorised officer is satisfied that the
circumstances of the case justify an
extension of that period; and
(b) revoke or amend any requirement specified
in the notice.
S. 280 280 Notification of notices
inserted by
No. 39/2018
s. 7 (as
(1) The occupier of any place or premises to whom a
amended by notice or an order has been issued under this
Nos 27/2019
ss 12−30,
Chapter and that is still in force must provide to
3/2020 ss 42– any person who proposes to become the occupier
44, 47/2020
s. 26).
of that place or premises as to—
(a) a copy of the notice or order; and
(b) details of the steps which have been taken
(if any) to comply with the notice or order.
(2) If a person becomes the occupier of any place or
premises and the previous occupier did not
comply with subsection (1), the current occupier
may, within 12 months of becoming the occupier,
recover from the previous occupier in a court of

294
No. 51 of 2017
Part 10.6—General matters relating to notices
competent jurisdiction any reasonable costs

incurred in complying with any requirements
contained in a notice or an order issued to the
previous occupier that were not complied with.
281 Proceedings for offences not affected by notices S. 281
inserted by
The issue, variation or cancellation of a notice or No. 39/2018
s. 7 (as
an order under this Chapter does not affect any amended by
proceedings for an offence against this Act or the Nos 27/2019
ss 12−30,
regulations in connection with any matter in 3/2020 ss 42–
respect of which the notice or order was issued. 44, 47/2020
s. 26).
282 Continuing effect of notices and conditions S. 282
inserted by
(1) A notice or an order issued under this Act that No. 39/2018
s. 7 (as
specifies a time by which, or period within which, amended by
the notice or order, or a condition of the notice or Nos 27/2019
ss 12−30,
order, must be complied with continues to have 3/2020 ss 42–
effect until the notice, order or condition is 44, 47/2020
s. 26).
complied with even though the time has passed or
the period has expired.
(2) A notice or an order that does not specify a time
by which, or period within which, the notice or
order must be complied with continues to have
effect until the notice or order is complied with.
(3) This section does not apply to the extent that any
requirement under a notice or an order is revoked.
(4) Nothing in this section affects the powers of the
Authority with respect to the enforcement of a
notice or an order.

295
No. 51 of 2017
Part 10.7—Redirection of corporate obligations
Pt 10.7
(Heading and
Part 10.7—Redirection of corporate
ss 283–285)
inserted by
obligations
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 283 283 Redirection of obligations of related or associated

inserted by
No. 39/2018 entities
s. 7 (as
amended by (1) The Authority may by notice in writing direct a
Nos 27/2019
ss 12−30,
body corporate to comply, subject to any
3/2020 ss 42– modification specified by the Authority, with a
44, 47/2020
s. 26).
specified environmental action notice or site
management order issued to a related entity or
associated entity over which the body corporate
had control (within the meaning of the
Corporations Act) at the time the notice or order
was issued if—
(a) the entity—
(i) is being or has been wound up within
the 2-year period before the direction is
made; or
(ii) has failed to comply with the
environmental action notice or site
management order; and
(b) the Authority is satisfied that the body
corporate or an officer of the body
corporate—
(i) knew or ought reasonably to have
known of the circumstances that
resulted in the issuing of the

296
No. 51 of 2017
(ii) was in a position to influence the entity

in relation to its compliance with the
(iii) in the case of a failure to comply with
an environmental notice or site
management order, failed to exercise
due diligence to ensure that the entity
complied with the environmental action
notice or site management order.
(2) If the Authority gives a direction under subsection
(1) to a body corporate that is a corporation within
the meaning of section 57A of the Corporations
Act, the body corporate must comply with the
environmental action notice or site management
order, subject to any modification by the
Authority.
284 Redirection of obligations to officers S. 284
inserted by
(1) The Authority may by notice in writing direct a No. 39/2018
s. 7 (as
person to comply, subject to any modification amended by
specified by the Authority, with a specified Nos 27/2019
ss 12−30,
environmental action notice or site management 3/2020 ss 42–
order issued to a body corporate if— 44, 47/2020
s. 26).
(a) the body corporate—
made; or
(ii) has failed to comply with the
(b) the Authority is satisfied that—
(i) the person was an officer of the body
corporate at the time the direction was
issued; and

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No. 51 of 2017
(ii) the person knew or ought reasonably to

have known of the circumstances that
resulted in the issuing of the
(iii) the person was in a position to
influence the body corporate in relation
to its compliance with the
(iv) in the case of a failure to comply with
an environmental notice or site
management order, the person failed to
exercise due diligence to ensure that the
body corporate complied with the
(v) it would not be oppressive, unjust or
unreasonable for the Authority to give
the direction.
(1) to a person, the person must comply with the
environmental action notice or site management
order, subject to any specified modification.
S. 285 285 Redirection of obligations in case of transfer of land
inserted by
No. 39/2018
s. 7 (as
(1) The Authority may by notice in writing direct a
amended by body corporate to comply, subject to any
Nos 27/2019
ss 12−30,
modification specified by the Authority, with a
3/2020 ss 42– specified site management order issued to a
44, 47/2020
s. 26).
related entity or associated entity if—
(a) the body corporate transfers to the entity any
land in relation to which the site
management order requires an action to be
taken within the 2-year period before the
direction is made; and

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No. 51 of 2017
(b) the entity—

made; or
(ii) has failed to comply with the site
(c) the Authority is satisfied that the body
corporate or an officer of the body corporate
knew or ought reasonably to have known—
(i) of the circumstances that resulted in the
issuing of the site management order;
and
(ii) that the entity was likely to be wound
up, or was likely to fail to comply with
the site management order.
(1) to a body corporate, the body corporate must
comply with the site management order, subject to
any specified modification.

299
No. 51 of 2017
Part 10.8—Offences relating to notices and orders
Pt 10.8
(Heading and
Part 10.8—Offences relating to notices and
ss 286–293)
inserted by
orders
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 286 286 Non-compliance with improvement notice

inserted by
No. 39/2018
s. 7 (as
(1) Subject to section 288, a person to whom an
amended by improvement notice is issued must not, without
Nos 27/2019
ss 12−30,
reasonable excuse, fail to comply with that notice.
3/2020 ss 42–
44, 47/2020
2500 penalty units.
Note
offence.
Note
S. 287 287 Non-compliance with prohibition notice
inserted by
No. 39/2018
s. 7 (as
(1) Subject to section 288, a person to whom a
amended by prohibition notice is issued must not, without
Nos 27/2019
ss 12−30,
reasonable excuse, fail to comply with that notice.
3/2020 ss 42–
44, 47/2020
2500 penalty units.

300
No. 51 of 2017
Note
offence.
Note
288 Failure to report S. 288
inserted by
If an improvement notice or a prohibition notice No. 39/2018
s. 7 (as
requires the person to whom it is issued to report amended by
to the Authority on a specified matter, the person Nos 27/2019
ss 12−30,
must not fail to comply with that requirement. 3/2020 ss 42–
44, 47/2020
Penalty: In the case of a natural person, s. 26).
60 penalty units;
300 penalty units.
289 Non-compliance with notice to investigate S. 289
inserted by
(1) Subject to subsection (2), a person to whom a No. 39/2018
s. 7 (as
notice to investigate is issued must not, without amended by
reasonable excuse, fail to comply with that notice. Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
120 penalty units; s. 26).

600 penalty units.
Note

301
No. 51 of 2017
(2) A person to whom a notice to investigate is issued

must not fail to comply with any reporting
requirement specified in that notice.
60 penalty units;
300 penalty units.
S. 290 290 Non-compliance with environmental action notice
inserted by
No. 39/2018
s. 7 (as
(1) Subject to subsection (3), a person to whom an
amended by environmental action notice is issued must not,
Nos 27/2019
ss 12−30,
without reasonable excuse, fail to comply with
3/2020 ss 42– that notice.
44, 47/2020
s. 26). Penalty: In the case of a natural person,
500 penalty units;
2500 penalty units.
Note
offence.
Note
(3) A person to whom an environmental action notice
is issued must not fail to comply with any
reporting requirement specified in that notice.
60 penalty units;
300 penalty units.

302
No. 51 of 2017
291 Reasonable excuse where entry refused S. 291

inserted by
It is a reasonable excuse to an offence under No. 39/2018
section 289 or 290 if entry to land was necessary s. 7 (as
amended by
for the person to comply with the notice and the Nos 27/2019
occupier of the land refused the person entry. ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
292 Non-compliance with site management order S. 292
inserted by
(1) Subject to subsection (2), a person who is bound No. 39/2018
s. 7 (as
by a site management order must not, without amended by
reasonable excuse, fail to comply with that order. Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
500 penalty units; s. 26).

2500 penalty units.
Note
(2) A person who is bound by a site management
order must not fail to comply with any reporting
requirement specified in that order.
60 penalty units;
300 penalty units.
offence.
Note

303
No. 51 of 2017
S. 293 293 Non-compliance with non-disturbance notice

inserted by
No. 39/2018 (1) A person to whom a non-disturbance notice has
s. 7 (as
amended by
been issued must not, without reasonable excuse,
Nos 27/2019 fail to comply with the notice.
ss 12−30,
3/2020 ss 42– Penalty: In the case of a natural person,
44, 47/2020
s. 26).
500 penalty units;
2500 penalty units.
Note
offence.
Note

304
No. 51 of 2017
Part 10.9—Clean up and cost recovery powers
Part 10.9—Clean up and cost recovery Pt 10.9

(Headings
powers and ss 294–
298)
inserted by
Division 1—Clean up powers No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
294 Circumstances in which Authority may exercise S. 294

inserted by
clean up powers No. 39/2018
s. 7 (as
(1) Notwithstanding anything to the contrary in this amended by
Act, but subject to this Division, if the Authority Nos 27/2019
ss 12−30,
considers that there is an immediate or serious risk 3/2020 ss 42–
of harm to human health or the environment 44, 47/2020
s. 26).
arising from pollution, waste or contaminated
land, the Authority may take any action that the
Authority considers necessary to eliminate or
reduce that risk, including, but not limited to,
conducting a clean up or causing a clean up to be
conducted.
(2) Notwithstanding anything to the contrary in this
Act, but subject to this Division, if—
(a) the Authority determines it has grounds to
make a claim on a financial assurance under
section 227(1)(a); and
(b) the Authority gives notice to the person who
provided the assurance in accordance with
section 295; and
(c) the person fails to complete the required
activities within the time set out in
section 295—
the Authority may take any action the Authority
considers necessary to conduct the clean up
activities required by this Act or the regulations,

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No. 51 of 2017
including, but not limited to, conducting a clean

up or causing a clean up to be conducted.
S. 295 295 Authority to give notice of intention to exercise clean
inserted by
No. 39/2018 up powers in case of financial assurance
s. 7 (as
amended by Before the Authority takes action under section
Nos 27/2019
ss 12−30,
294(2), the Authority must give the person who
3/2020 ss 42– provided the financial assurance a written notice
44, 47/2020
s. 26).
stating that—
(a) the person has 20 business days (or such
greater period as specified in the notice) to
undertake certain clean up activities required
by this Act or the regulations; and
(b) if the person does not complete the required
activities within the time stated in the notice,
that the Authority will take action under this
Division and may make a claim on the
financial assurance for the reasonable costs
of so doing.
S. 296 296 Matters relating to Authority entering land
inserted by
No. 39/2018
s. 7 (as
(1) This section applies if the Authority takes action
amended by under this Division.
Nos 27/2019
ss 12−30, (2) The Authority may authorise a person and any
person assisting that person to enter any land and
3/2020 ss 42–
44, 47/2020
s. 26). do anything that in the Authority's opinion is
necessary for the purpose of taking an action
under this Division.
(3) If it is necessary for an authorised person or a
person assisting an authorised person to enter land
under subsection (2), the Authority must, except
in a case of emergency—
(a) if the land is private land, give reasonable
notice of the entry to the owner and the
occupier of the land; and

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No. 51 of 2017
(b) if the land is Crown land, give reasonable

notice of the entry to the Crown land
Minister; and
(c) ensure that the person enters the land at a
reasonable time; and
(d) if the land is used only for residential
purposes, obtain, or take all reasonable steps
to obtain, the consent of the occupier of the
land.
Division 2—Cost recovery powers

297 Cost recovery powers S. 297
inserted by
(1) The Authority may recover in any court of No. 39/2018
competent jurisdiction as a debt due to the s. 7 (as
amended by
Authority any reasonable costs incurred by the Nos 27/2019
Authority in, or incidental to, taking any of the ss 12−30,
3/2020 ss 42–
following actions— 44, 47/2020
s. 26).
(a) any action under Division 1;
(b) issuing—
(i) an improvement notice under Part 10.2;
or
(ii) a prohibition notice under Part 10.2; or
(iii) an environmental action notice under
Part 10.3; or
(iv) a site management order under
Part 10.4;
(c) any action taken in connection with
monitoring or enforcing compliance with a
notice or order referred to in paragraph (b);
(d) any prescribed action.

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No. 51 of 2017
(2) The Authority may recover reasonable costs under

this section from any of the following persons—
(a) the person who the Authority reasonably
believes caused the circumstances that
required the action to be taken (the relevant
circumstances);
(b) the owner or occupier of the place or
premises at which the relevant circumstances
exist;
(c) a previous owner or occupier of the place or
premises at which the relevant circumstances
exist, at the time the relevant circumstances
first came into being;
(d) a person issued with a notice or order
referred to in subsection (1)(b).
(3) For the purposes of this Division, reasonable costs
includes but is not limited to the following costs,
determined on such basis as the Authority
considers appropriate and incurred as a result of or
apportionable to any action taken by the Authority
referred to in subsection (1)—
(a) labour, administrative and overhead costs;
(b) legal costs, equipment costs and fees paid.
(4) Any costs recovered under this Division are to be
S. 297(5)
inserted by
(5) This section applies despite anything to the
No. 36/2022 contrary in Chapter 5 of the Corporations Act.
s. 56.
S. 297A 297A Displacement of other laws

inserted by
No. 36/2022
s. 57.
The provisions of section 297 are declared to be
Corporations legislation displacement provisions
for the purposes of section 5G of the Corporations
Act in relation to the provisions of Chapter 5 of
that Act.

308
No. 51 of 2017
Note
Section 5G of the Corporations Act provides that if a State law
declares a provision of a State law to be a Corporations legislation
displacement provision for the purposes of that section, any
provision of the Corporations legislation with which the State
provision would otherwise be inconsistent does not operate to the
extent necessary to avoid the inconsistency.
298 Unrecovered costs can become charge on property S. 298
inserted by
(1) If the Authority cannot recover costs under this No. 39/2018
s. 7 (as
Division from an owner or occupier of a place or amended by
premises, the costs become a charge on the Nos 27/2019
ss 12−30,
property of the occupier or the land of which the 3/2020 ss 42–
place or premises forms part (as the case may be) 44, 47/2020
s. 26).
after an advertisement under subsection (2) has
been published.
(2) The advertisement must specify—
(a) the purpose of the advertisement and the
section of this Act under which it is made;
and
(b) the amount in respect of which the charge is
to be imposed; and
(c) if the property charged is land, the land on
which the charge is to be imposed.
(3) The Authority must publish the advertisement
by—
(a) if the property charged is land, displaying a
copy of the advertisement on the land (if this
is possible); and
(b) publishing the advertisement on the Internet
site of the Authority; and
(c) publishing the advertisement in at least one
other manner that the Authority considers
appropriate.

309
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(4) If the property charged is land, the Authority may

lodge with the Registrar of Titles a notice in
accordance with section 106B of the Transfer of
Land Act 1958.
Note
Section 106B of the Transfer of Land Act 1958 provides
for the manner of lodging a notice of a statutory charge.
(5) The Registrar of Titles must make in the Register
a recording of a notice lodged under this section.
(6) Despite subsection (1), if the property charged is
land, the charge does not take effect until the
Registrar of Titles makes a recording of the
charge in the Register.
(7) If—
(a) a charge on land under this section has
existed for at least 12 months; and
(b) an amount is still owing under the charge—
the Authority may serve a notice of intention to
sell the land.
(a) be in writing; and
(b) be—
(i) displayed on the land (if this is
possible); and
(ii) published on the Internet site of the
Authority; and
(iii) published in at least one other manner
that the Authority considers
appropriate—
not less than one month before the intended
sale.

310
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(9) If the land to be sold is not under the Transfer of

Land Act 1958, it must be brought under that Act
before it is sold.
(10) Section 77 of the Transfer of Land Act 1958
applies to the sale as if—
(a) the charge were a registered first mortgage
registered in priority to other registered
encumbrances; and
(b) the Authority were a mortgagee under that
mortgage; and
(c) the owner of the land were a mortgagor
under that mortgage; and
(d) the requirement relating to the giving of
notice were deleted; and
(e) subsection (3)(d) of that section of that Act
were deleted.
(11) If there is any amount left over from a sale of
property after the Authority has deducted its
charge and any costs associated with realising the
charge, and the owner of the property cannot be
found, the Authority must pay the amount to the
Registrar of Unclaimed Money appointed under
section 4 of the Unclaimed Money Act 2008.
(12) Any money recovered by the Authority under a
charge under this Division is to be paid into the
Consolidated Fund.

311
No. 51 of 2017
Ch. 11
(Headings
Chapter 11—Enforcement and proceedings
and ss 299–
354)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
Pt 11.1
(Heading and
s. 299)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).

inserted by
No. 39/2018
s. 7 (as
amended by Chapter.
Nos 27/2019
ss 12−30, (2) Part 11.2 provides for the acceptance by the
Authority of enforceable undertakings.
3/2020 ss 42–
44, 47/2020
s. 26).
(3) Part 11.3 provides for the issue of infringement
notices under this Act.
(4) Part 11.4 details civil remedies that are available
to the Authority and eligible persons.
(5) Part 11.5 provides for the Authority to apply to
the Court for a civil penalty order in relation to
contravention of a civil penalty provision.
(6) Part 11.6 details the powers of Courts under this
Act including the power to make various
sentencing orders.

312
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(7) Part 11.7 sets out evidentiary and related

enforcement provisions.
(8) Part 11.8 provides for the liability of officers of
corporations and the liability of corporations in
relation to the conduct of its employees, agents or
officers.
(9) Part 11.9 sets out a general defence that applies to
offences against, and contraventions of, provisions
throughout this Act.

313
No. 51 of 2017
Part 11.2—Enforceable undertakings
Pt 11.2
(Heading and
ss 300–306)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 300 300 Authority may accept enforceable undertaking

inserted by
No. 39/2018
s. 7 (as
(1) The Authority may accept an enforceable
amended by undertaking from a person in connection with—
Nos 27/2019
ss 12−30, (a) any matter the Authority has a function in
relation to by operation of this Act or the
3/2020 ss 42–
44, 47/2020
s. 26). regulations, or any other Act or the
regulations made under any other Act; or
(b) any matter the Authority has a power over by
operation of this Act or the regulations, or
any other Act or the regulations made under
any other Act.
(2) An enforceable undertaking accepted by the
Authority under subsection (1) must be in writing
and signed by the Authority and the person
offering the undertaking.
(3) A person may withdraw or vary an enforceable
undertaking accepted by the Authority under
subsection (1) with the consent of the Authority.
S. 301 301 Enforcement
inserted by
No. 39/2018
s. 7 (as
(1) The Authority may apply to the Court for an
amended by enforcement order under subsection (2) if the
Nos 27/2019
ss 12−30,
Authority considers that a person has breached an
3/2020 ss 42– enforceable undertaking.
44, 47/2020
s. 26).

314
No. 51 of 2017
(2) If the Court is satisfied a person has breached an

enforceable undertaking, the Court may make any
of the following orders—
(a) an order directing the person to comply with
the enforceable undertaking;
(b) an order that the person take any specified
action for the purpose of complying with the
enforceable undertaking;
(c) an order that the person take any specified
action to minimise risks of harm to human
health or the environment resulting from the
breach of the enforceable undertaking;
(d) an order that the person pay an amount in
compensation to the Authority for any costs
reasonably incurred by the Authority in
taking any action to minimise risks of harm
to human health or the environment resulting
from the breach of the enforceable
undertaking;
(e) an order that the person pay an amount in
compensation to any other person who has
suffered loss or damage as a result of the
breach;
(f) an order that the person pay an amount
pursuant to a monetary benefits order;
(g) an order revoking the enforceable
undertaking;
(h) any other order that the Court considers
appropriate in the circumstances.

315
No. 51 of 2017
S. 302 302 Authority may take specified actions

inserted by
No. 39/2018 (1) If a person fails to comply with an order to take
s. 7 (as
amended by
specified actions made under section 301(2), the
Nos 27/2019 Authority may take the specified actions.
ss 12−30,
3/2020 ss 42– (2) The Authority must not take any specified actions
44, 47/2020
s. 26).
under subsection (1) unless—
(a) the Authority gives the person written notice
advising that the Authority intends to take
the specified actions; and
(b) the Authority invites the person to provide
the following within a specified period,
being 10 business days after the day the
notice is given—
(i) proof that satisfies the Authority that
the person has taken the specified
actions;
(ii) such reasons that satisfy the Authority
that the person will carry out the
specified actions within a period
specified by the Authority as acceptable
for carrying out the specified actions;
and
(c) the person given the notice fails to—
(i) carry out the specified actions within
10 business days after the day the
notice is given or the final day of the
period specified by the Authority as
acceptable for carrying out the
specified actions (whichever is the
later); or
(ii) give the Authority a response satisfying
the Authority that the person will carry
out the specified actions within
10 business days after the day the
notice is given or the final day of the

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No. 51 of 2017
period specified by the Authority as

acceptable for carrying out the
specified actions (whichever is the
later).
(3) In taking any action under subsection (1), the
Authority—
(a) may do any thing that is necessary or
expedient to carry out any action that
remains to be done under the order and that
is still practicable; and
(b) may publicise the failure of the person to
comply with the order.
(4) The Authority may recover any cost reasonably
incurred in taking specified actions under this
section as a debt due and payable by the person
against whom the order was made under section
301(2).
303 No criminal proceedings while enforceable S. 303
inserted by
undertaking in force No. 39/2018
s. 7 (as
If the Authority accepts an enforceable amended by
undertaking in relation to a contravention or Nos 27/2019
ss 12−30,
alleged contravention of this Act or the 3/2020 ss 42–
regulations, or any other Act or the regulations 44, 47/2020
s. 26).
made under any other Act, while the enforceable
undertaking is in force, the Authority must not
commence criminal proceedings for an offence
that is constituted by the contravention or alleged
contravention that the undertaking is given in
relation to.
304 Proceedings following withdrawal of enforceable S. 304
inserted by
undertaking No. 39/2018
s. 7 (as
If the Authority accepts an enforceable amended by
undertaking in relation to a contravention or Nos 27/2019
ss 12−30,
alleged contravention of this Act or the 3/2020 ss 42–
regulations, or any other Act or the regulations 44, 47/2020
s. 26).
made under any other Act and the person
317
No. 51 of 2017
withdraws the enforceable undertaking before the

Authority is satisfied the enforceable undertaking
has been complied with, the Authority may
commence proceedings for any offence that is
constituted by the contravention or alleged
relation to.
S. 305 305 No further proceedings if enforceable undertaking is
inserted by
No. 39/2018 complied with
s. 7 (as
amended by If the Authority accepts an enforceable
Nos 27/2019
ss 12−30,
undertaking in relation to a contravention or
3/2020 ss 42– alleged contravention of this Act or the
44, 47/2020
s. 26).
regulations, or any other Act or the regulations
made under any other Act and the Authority is
satisfied the enforceable undertaking has been
complied with, the Authority must not commence
criminal proceedings for an offence that is
constituted by the contravention or alleged
relation to.
S. 306 306 Contempt of court
inserted by
No. 39/2018
s. 7 (as
(1) Nothing in section 302 prevents the
amended by commencement or continuation of contempt of
Nos 27/2019
ss 12−30,
court proceedings against a person who fails to
3/2020 ss 42– comply with an order under section 301(2).
44, 47/2020
s. 26). (2) If a person is found in contempt of court for
failing to comply with an order under section
301(2), the Authority—
(a) may do any thing that is necessary or
remains to be done under the order and that
is still practicable; and

318
No. 51 of 2017
(3) The Authority may recover any costs reasonably

incurred in taking a specified action under this
section as a debt due and payable by the person
against whom the order was made under section
301(2).

319
No. 51 of 2017
Part 11.3—Infringement notices
Pt 11.3
(Heading and
s. 307)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 307 307 Infringement notices

inserted by
No. 39/2018
s. 7 (as
(1) A prosecution officer may serve an infringement
amended by notice on a person who the prosecution officer
Nos 27/2019
ss 12−30,
reasonably believes has committed a prescribed
3/2020 ss 42– offence or an offence against section 64.
44, 47/2020
s. 26). (2) An offence referred to in subsection (1) for which
an infringement notice may be served is an
infringement offence within the meaning of the
Infringements Act 2006.
(3) The infringement penalty for an offence referred
to in subsection (1) is the prescribed infringement
penalty in respect of that offence.
(4) In this section, prosecution officer means—
(a) in relation to an infringement offence other
than an offence that relates to noise from
residential premises, a person appointed
under section 347 to take proceedings for
offences against this Act or the regulations;
or
(b) in relation to an infringement offence under
section 167(1) or 175(4), a residential noise
enforcement officer or a police officer; or
(c) in relation to an offence under section
172(6), a residential noise enforcement
officer; or
(d) in relation to an infringement offence under
section 169(3), a police officer; or

320
No. 51 of 2017
(e) in relation to an infringement offence under

Part 6.3, a litter enforcement officer; or
(f) in relation to an offence against section 64,
the Authority or an authorised officer.

321
No. 51 of 2017
Part 11.4—Civil remedies
Pt 11.4
(Heading and
ss 308–313)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 308 308 Eligible persons

inserted by
No. 39/2018
s. 7 (as
(1) In this Part—
eligible person, in relation to an application under
amended by
Nos 27/2019
ss 12−30, this Part, means a person—
3/2020 ss 42–
44, 47/2020 (a) whose interests are affected by the
s. 26).
contravention or non-compliance in
relation to which the application is
made; or
(b) who has the leave of the Court to make
the application.
(2) The Court must not give a person leave to make
an application for the purposes of subsection
(1)(b) unless the Court is satisfied that—
(a) the application would be in the public
interest; and
(b) the person has requested in writing that the
Authority take enforcement action or
compliance action in relation to the
contravention or non-compliance; and
(c) the Authority has not, within a reasonable
time after receiving that request, taken
enforcement action or compliance action.

322
No. 51 of 2017
(3) An eligible person must not apply to the Court for

an order under this Part before the day that is the
anniversary of the day on which the Environment
Protection Act 1970 is repealed.
(4) Nothing in this Part prevents or limits an eligible
person from applying for any injunction or order
under any other Act or law.
309 Court orders S. 309
inserted by
(1) On an application by the Authority or an eligible No. 39/2018
s. 7 (as
person, a Court may make an order restraining a amended by
person from engaging in specified conduct or Nos 27/2019
ss 12−30,
requiring a person to take any specific action, in 3/2020 ss 42–
such terms as the Court considers appropriate, if 44, 47/2020
s. 26).
the Court is satisfied that a person—
(a) is not complying or has not complied with a
permission issued or granted under this Act;
or
(b) is contravening or has contravened any other
requirement or duty imposed on the person
by or under this Act.
(a) require a person to do a specified act or thing
that the Court considers reasonably
necessary to prevent, minimise or remedy the
contravention or non-compliance; or
(b) require a person to provide a financial
assurance as a condition for engaging in
specified conduct.
(3) The Authority or an eligible person may apply for
an order under subsection (1) whether or not
proceedings have been taken for—
(a) an offence against this Act or the regulations;
or

323
No. 51 of 2017
(b) a contravention of a civil penalty provision

under this Act.
(4) The power of a Court to grant an order under
subsection (1) may be exercised whether or not
the contravention or non-compliance—
(a) is likely to result in harm to any person or
the environment; or
(b) is likely to result in an infringement of the
rights of any person.
(5) An application for an order under subsection (1)
may be made ex parte.
S. 310 310 Interim orders
inserted by
No. 39/2018
s. 7 (as
(1) On the application of the Authority or an eligible
amended by person, a Court may make an interim order, in
Nos 27/2019
ss 12−30,
such terms as the Court considers appropriate,
3/2020 ss 42– pending the determination of an application under
44, 47/2020
s. 26).
section 309.
(2) An application for an interim order under
subsection (1) may be made ex parte.
(3) If the Court has determined to grant an interim
order under subsection (1), the Court must not, as
a condition of granting the interim order, require
the Authority to give any undertaking as to
damages or costs.
S. 311 311 Consent orders
inserted by
No. 39/2018
s. 7 (as
The Court may make an order under section 309
amended by restraining a person from engaging in specified
Nos 27/2019
ss 12−30,
conduct or requiring a person to take any specific
3/2020 ss 42– action whether or not the Court is satisfied that the
44, 47/2020
s. 26).
person has engaged, or is proposing to engage, in
conduct that constitutes or would constitute a
contravention or non-compliance as required by
section 309 if all parties to the proceeding consent
to the making of the order.

324
No. 51 of 2017
312 Ancillary orders S. 312

inserted by
On making an order under section 309, 310 or No. 39/2018
311, the Court may make any ancillary order it s. 7 (as
amended by
considers appropriate to enable the order to be Nos 27/2019
given effect. ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
313 Compensation orders S. 313

inserted by
(1) In any proceedings for an offence against, or a No. 39/2018
s. 7 (as
contravention of, this Act or the regulations amended by
(including an application under section 309), a Nos 27/2019
ss 12−30,
Court may make a compensation order if the 3/2020 ss 42–
Court finds that— 44, 47/2020
s. 26).
(a) the person against whom the proceedings
were taken has contravened a provision of
this Act or the regulations or a condition of a
permission or notice issued or granted under
this Act; and
(b) the Authority or another person (the injured
person) has suffered or may suffer injury,
loss or damage as a result of the
contravention.
that subsection may require the person against
whom the proceedings are brought to pay
compensation to the Authority or the injured
person for—
(a) any injury, loss or damage suffered by the
Authority or the injured person as a result of
the contravention; or
(b) any costs reasonably incurred by the
Authority or the injured person in the course
of taking action to prevent, minimise or
remedy any injury, loss or damage suffered

325
No. 51 of 2017
by the Authority or the injured person as a

result of the contravention; or
(c) any costs reasonably incurred by the
Authority in the course of taking action to
prevent, minimise or remedy any harm to
human health or the environment caused by
the contravention.

326
No. 51 of 2017
Part 11.5—Civil penalties
Part 11.5—Civil penalties Pt 11.5

(Heading and
ss 314–326)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
314 Civil penalty provision S. 314

inserted by
(1) A provision of this Act that is set out in the table No. 39/2018
s. 7 (as
to subsection (3) is a civil penalty provision. amended by
Nos 27/2019
(2) Subject to this Part, the Authority may (in addition ss 12−30,
or as an alternative to, a criminal proceeding or an
3/2020 ss 42–
44, 47/2020
order under Division 2 of Part 11.6) apply to a s. 26).
Court for a civil penalty order in relation to a
contravention of a civil penalty provision set out
in column 2 of an item of the table to subsection
(3).
(3) The Court may only make a civil penalty order or
an order under Division 2 of Part 11.6 in relation
to a person's contravention of a civil penalty
provision referred to in item 1 or 3 of the table if
the person—
(a) contravenes that civil penalty provision in
the course of conducting a business or an
undertaking; or
(b) is an officer of a body corporate who
contravenes that civil penalty provision in
the course of conducting a business or an
undertaking and the person contravenes the
civil penalty provision as a result of
Part 11.8.

327
No. 51 of 2017
Table
Maximum Maximum
penalty for penalty for
contravention by contravention by
Item Civil penalty provision a natural person a body corporate
1. Section 25(1) 2000 penalty 10 000 penalty
(Breach of general units units
environmental duty)
2. Section 28(1) (Breach 2000 penalty 10 000 penalty
of duty not to engage units units
in conduct that results
in material harm)
3. Section 32(2) (Failure 240 penalty units 1200 penalty
to notify Authority of units
notifiable incident)
4. Section 40(1) (Failure 120 penalty units 600 penalty units
of person in
management or control
to notify the Authority
of notifiable
contamination)
(Engaging in a units units
specified activity
without a development
licence)
prescribed operating
activity without an
operating licence)
7. Section 46(1) 1000 penalty 5000 penalty
prescribed permit
activity without a
permit)
8. Section 47(1) 500 penalty units 2500 penalty
(Engaging in a units
prescribed registration
activity without a
registration)
9. Section 63(1) (Breach 2000 penalty 10 000 penalty
of condition of units units
licence)

328
No. 51 of 2017
Maximum Maximum
10. Section 63(2) (Breach 1000 penalty 5000 penalty
of condition of permit) units units
11. Section 63(3) (Breach 500 penalty units 2500 penalty
of condition of a units
registration)
(Prohibited person units.
engaging in an activity
prescribed for the
purposes of section 88)
(Unlawful deposit of units units
industrial waste)
(Deposit of industrial units units
waste without consent
of holder of
permission or
occupier)
15. Section 134(1) 2 000 penalty 10 000 penalty
(Unlawful receipt of units units
industrial waste)
16. Section 135(2) 2 000 penalty 10 000 penalty
(Failure by person in units units
of industrial waste to
take reasonable steps
in relation to
transporting industrial
waste)
(Provision of false or units
misleading
information in
connection with
industrial waste)
18. Section 139(1) 120 penalty units 600 penalty units
(Failure to classify
priority waste by
person in management
or control)

329
No. 51 of 2017
Maximum Maximum
(Failure by person in
to take reasonable
steps in relation to
priority waste)
(Failure to record or units
provide the prescribed
transaction details in
connection with
reportable priority
waste)
(Improper transport of units
reportable priority
waste)
(Failure to comply units
with order relating to
environmentally
hazardous substances)
23. Section 168 (Emit or 500 penalty units 2500 penalty
permit noise that is units
prescribed to be
aggravated noise)
24. Section 215(1) 500 penalty units
(Environmental
auditor issuing false or
misleading preliminary
risk screen assessment
statement or
environmental audit
statement)
25. Section 216(1) 500 penalty units
(Failure of
environmental auditor
to notify the Authority
of imminent state of
danger)

330
No. 51 of 2017
Maximum Maximum
with improvement
notice)
with prohibition
notice)
(Failure to comply
with notice to
investigate)
with environmental
action notice)
with site management
order)
with non-disturbance
notice)
(Providing false or units
misleading
information or a
document or conceal
information or a
document)
315 Civil penalty orders S. 315

inserted by
(1) The Court may make one or more of the following No. 39/2018
s. 7 (as
orders in relation to a person who has contravened amended by
a civil penalty provision— Nos 27/2019
ss 12−30,
(a) an order that the person pay a pecuniary
3/2020 ss 42–
44, 47/2020
penalty of not more than the maximum s. 26).
penalty referred to in column 3 or 4 of the

331
No. 51 of 2017
item of the table in section 314 in respect of

the civil penalty provision;
(b) any other order that the Court considers
appropriate.
(2) For the purposes of determining the amount of a
civil penalty order under this Part, the Court may
have regard to any relevant matter including, but
not limited to the following—
(a) the nature and extent of the conduct
constituting the contravention;
(b) the nature and extent of any loss or damage
suffered as a result of the conduct including
the cost of remedying any harm;
(c) the circumstances in which the contravention
took place;
(d) whether the person who contravenes a civil
penalty provision had previously
contravened a civil penalty provision;
(e) any enforceable undertaking that is accepted
by the Authority in relation to the conduct.
(3) Nothing in this section is to be construed as
limiting any other power of the Court.
(4) Proceedings under this provision are civil
proceedings for all purposes.
S. 316 316 Persons involved in contravening civil penalty
inserted by
No. 39/2018 provision
s. 7 (as
amended by (1) A person must not—
Nos 27/2019
ss 12−30, (a) attempt to contravene a civil penalty
provision; or
3/2020 ss 42–
44, 47/2020
s. 26).
(b) aid, abet, counsel or procure a contravention
of a civil penalty provision; or
(c) induce (by threats, promises or otherwise) a
contravention of a civil penalty provision; or

332
No. 51 of 2017
(d) be in any way directly or indirectly

knowingly concerned in, or party to, a
contravention of a civil penalty provision; or
(e) conspire to contravene a civil penalty
provision.
(2) This Act applies to a person who contravenes
subsection (1) in relation to a civil penalty
provision as if the person had contravened the
provision.
317 Further orders for contravening civil penalty S. 317
inserted by
provision No. 39/2018
s. 7 (as
The Court may make an order under Division 2 of amended by
Part 11.6 against a person for conduct that is the Nos 27/2019
ss 12−30,
same, or substantially the same, as conduct that 3/2020 ss 42–
may constitute the contravention of a civil penalty 44, 47/2020
s. 26).
provision regardless of whether the Court has
previously made a civil penalty order against the
person in relation to the contravention.
318 Civil proceedings after criminal proceedings S. 318
inserted by
The Court must not make a civil penalty order No. 39/2018
s. 7 (as
against a person if the person who contravened a amended by
civil penalty provision has been convicted of an Nos 27/2019
ss 12−30,
offence constituted by conduct that is the same, or 3/2020 ss 42–
substantially the same, as the conduct alleged to 44, 47/2020
s. 26).
constitute the contravention.
319 Criminal proceeding during proceeding for a civil S. 319
inserted by
penalty order No. 39/2018
s. 7 (as
(1) Proceedings for a civil penalty order against a amended by
person for the contravention of a civil penalty Nos 27/2019
ss 12−30,
provision are stayed if— 3/2020 ss 42–
44, 47/2020
(a) criminal proceedings are instituted or have s. 26).
already been instituted against the person for
an offence; and

333
No. 51 of 2017
(b) the offence is constituted by conduct that is

substantially the same as the conduct alleged
to constitute the contravention.
(2) If a person referred to in subsection (1)—
(a) is not convicted of the offence—the
proceedings for the civil penalty order may
be resumed; or
(b) is convicted of the offence—the proceedings
for the civil penalty order are dismissed.
S. 320 320 Criminal proceeding commenced after proceeding
inserted by
No. 39/2018 for civil penalty order
s. 7 (as
amended by Criminal proceedings may be instituted against a
Nos 27/2019
ss 12−30,
person for conduct that is substantially the same
3/2020 ss 42– as conduct constituting the contravention of a civil
44, 47/2020
s. 26).
penalty provision regardless of whether a civil
penalty order has been made against the person.
S. 321 321 Evidence given or produced during proceeding for
inserted by
No. 39/2018 civil penalty order
s. 7 (as
amended by (1) Evidence of information given or evidence of
Nos 27/2019
ss 12−30,
documents produced by an individual is not
3/2020 ss 42– admissible in criminal proceedings against the
44, 47/2020
s. 26).
person if—
(a) the person previously gave the evidence or
produced the documents in proceedings for a
civil penalty order against the person for a
contravention of a civil penalty provision
(whether or not the order was made); and
(b) the conduct alleged to constitute the offence
is substantially the same as the conduct that
was claimed to constitute the contravention.
(2) Subsection (1) does not apply to criminal
proceedings in respect of the falsity of the
evidence given by the person in the proceedings
for the civil penalty order.

334
No. 51 of 2017
322 Conduct contravening more than one civil penalty S. 322

provision inserted by
No. 39/2018
(1) If a person contravenes 2 or more civil penalty s. 7 (as
amended by
provisions, a proceeding for a civil penalty order Nos 27/2019
may be commenced against the person in relation ss 12−30,
3/2020 ss 42–
to the contravention of any one or more of those 44, 47/2020
civil penalty provisions. s. 26).
(2) Despite subsection (1), a person is not liable to

pay more than one civil penalty in relation to the
same conduct.
323 Multiple contraventions of civil penalty provisions S. 323
inserted by
(1) Subject to subsection (2), the Court may order that No. 39/2018
s. 7 (as
a person pay a single civil penalty for multiple amended by
contraventions of a civil penalty provision if— Nos 27/2019
ss 12−30,
(a) the multiple contraventions are based on the
3/2020 ss 42–
44, 47/2020
same facts; or s. 26).
(b) the multiple contraventions form, or are part

of, a series of contraventions of the same or a
similar nature.
(2) A single civil penalty ordered under subsection (1)
must not exceed the sum of the maximum
penalties that the Court may have ordered if
separate civil penalties were ordered for each of
the contraventions.
324 Multiple proceedings for civil penalty order to be S. 324
inserted by
heard together No. 39/2018
s. 7 (as
The Court may direct that 2 or more proceedings amended by
for a civil penalty order are to be heard together. Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).

335
No. 51 of 2017
S. 325 325 Jurisdictional limit of Magistrates' Court does not

inserted by apply to civil penalty order
No. 39/2018
s. 7 (as
amended by
The jurisdictional limit for a civil proceeding
Nos 27/2019 specified under section 100(1) of the Magistrates'
ss 12−30,
3/2020 ss 42–
Court Act 1989 does not apply to a proceeding
44, 47/2020 for a civil penalty order under this Part.
s. 26).
S. 326 326 Recovery of a pecuniary penalty

inserted by
No. 39/2018
s. 7 (as
If the Court orders a person to pay a civil penalty
amended by for the contravention of a civil penalty provision,
Nos 27/2019
ss 12−30,
the order is enforceable as a judgment debt.
3/2020 ss 42–
44, 47/2020
s. 26).

336
No. 51 of 2017
Part 11.6—Powers of Courts
Part 11.6—Powers of Courts Pt 11.6

(Headings
and ss 327–
Division 1—Application of Part 11.6 336)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
327 Application of Part 11.6 S. 327

inserted by
This Part applies if, in civil or criminal No. 39/2018
s. 7 (as
proceedings— amended by
Nos 27/2019
(a) a person is convicted or found guilty of an ss 12−30,
offence against this Act or the regulations; or
3/2020 ss 42–
44, 47/2020
s. 26).
(b) a person is found to have contravened a civil
penalty provision.
Division 2—Orders
328 General S. 328
inserted by
(1) The Court may make an order under this Division No. 39/2018
in addition to, or instead of, any other penalty that s. 7 (as
amended by
the Court may impose on the person under this Nos 27/2019
Act. ss 12−30,
3/2020 ss 42–
Note 44, 47/2020
s. 26).
See section 313 for the Court's power to make a
compensation order.
(2) The amount of money that the Court may order a
person to pay under this Division is not limited
by—
(a) any penalty that may be imposed under this
Act; or
(b) the jurisdictional limit for a civil proceeding
specified under section 100(1) of the
Magistrates' Court Act 1989.

337
No. 51 of 2017
(3) The Court may make an order under this Division

on the application of the Authority or on its own
motion.
(4) In making an order, the Court may specify the
period within which specified actions must be
taken and may impose any other requirement that
the Court considers necessary or expedient to
make the order effective.
S. 329 329 Monetary benefit orders
inserted by
No. 39/2018
s. 7 (as
(1) The Court may order the person to pay an amount
amended by not exceeding the amount that the Court is
Nos 27/2019
ss 12−30,
satisfied on the balance of probabilities represents
3/2020 ss 42– the amount of any monetary benefits acquired by
44, 47/2020
s. 26).
the person, or accrued or accruing to the person,
as a result of the commission of the offence or
contravention in relation to which the order is
made.
(2) When determining an amount that the person must
pay under an order under subsection (1), the Court
may take into account—
(a) the person's financial circumstances; and
(b) any amount submitted to the Court by the
Authority under subsection (3).
(3) The Authority may submit to the Court the
amount the Authority considers to be a reasonable
estimate of the amount of monetary benefits
acquired by the person, or accrued or accruing to
the person, as a result of the commission of the
offence or contravention in relation to which the
order under subsection (1) is sought, as
determined in accordance with—
(a) a prescribed guideline, method or protocol;
or
(b) any other method the Authority considers
appropriate.

338
No. 51 of 2017
(4) For the purposes of subsection (1), the Court may

assume that an amount represents the amount of
any monetary benefits acquired by a person, or
accrued or accruing to the person, as a result of
the commission of an offence or contravention
if—
(a) the Authority submits that amount to the
Court under subsection (3); and
(b) the Authority determined that amount in
accordance with a prescribed guideline,
method or protocol.
(5) Nothing in this section or an order made under
subsection (1) limits or otherwise affects the
operation of Part 8 of the Confiscation Act 1997.
(6) Any amount received as the payment of an order
made under subsection (1) must be paid into the
Consolidated Fund.
monetary benefits means monetary, financial or
economic benefits and includes any
monetary, financial or economic benefit the
person acquires or accrues by avoiding or
delaying the person's compliance with the
provision, condition or duty to which the
person's offence or contravention relates.
330 Adverse publicity orders S. 330
inserted by
The Court may order the person to do one or more No. 39/2018
s. 7 (as
of the following— amended by
Nos 27/2019
(a) take any specified action that the Court ss 12−30,
considers reasonably necessary to
3/2020 ss 42–
44, 47/2020
publicise— s. 26).
(i) the person's offence or contravention;

or

339
No. 51 of 2017
(ii) any impacts on human health or the

environment or other consequences
arising or resulting from the offence or
contravention; and
(iii) any penalties imposed, or other orders
made, as a result of the commission of
the offence or contravention; and
(iv) any additional information the Court
considers appropriate;
(b) take any specified action that the Court
considers reasonably necessary to notify a
specified person or class of person of the
matters listed in paragraph (a).
S. 331 331 General restoration and prevention orders
inserted by
No. 39/2018
s. 7 (as
(1) The Court may order the person to take any
amended by specified action that the Court considers
Nos 27/2019
ss 12−30,
reasonably necessary—
(a) to prevent, minimise or remedy any harm
3/2020 ss 42–
44, 47/2020
s. 26). caused by the offence or contravention; or
(b) to eliminate or reduce the risk of harm
caused by the offence or contravention; or
(c) to prevent any continuation or recurrence of
the offence or contravention.
that subsection may require the person to do one
or more of the following—
(a) establish an education and training program,
or compliance program, for the person's
employees or other persons involved in the
person's business or undertaking in relation
to the offence or contravention;
(b) revise the internal operations of the person's
business or undertaking that led to the
offence or contravention;

340
No. 51 of 2017
(c) provide a financial assurance as a condition

for engaging in specified conduct.
332 Restorative project orders S. 332
inserted by
(1) The Court may order the person to carry out a No. 39/2018
s. 7 (as
project for the restoration or enhancement of the amended by
environment in a public place or for the public Nos 27/2019
ss 12−30,
benefit, whether or not the project is related to the 3/2020 ss 42–
offence or contravention. 44, 47/2020
s. 26).
that subsection may require the person to pay an
amount of money, for the carrying out of a project
for the restoration or enhancement of the
environment in a public place or for the public
benefit, to—
(a) a specified person or organisation; or
(b) the Restorative Project Account.
333 Environmental audit orders S. 333
inserted by
The Court may order the person to engage an No. 39/2018
s. 7 (as
environmental auditor to conduct a preliminary amended by
risk screen assessment or an environmental audit. Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
Division 3—Enforcement of orders
334 Enforcement of orders S. 334
inserted by
(1) If a person is found in contempt of court for No. 39/2018
failing to comply with an order made under s. 7 (as
amended by
Division 2, the Authority— Nos 27/2019
ss 12−30,
(a) may do anything that is necessary or 3/2020 ss 42–
expedient to carry out any action that 44, 47/2020
s. 26).
remains to be done under the order and that it
is still practicable to do; and

341
No. 51 of 2017
(2) If a person fails to comply with an order made

under section 330 or 333, the Authority may give
the person a written notice advising the person
that it intends to carry out specified actions that
remain to be done under the order unless the
person can, within 10 business days after being
given the notice, satisfy it that the person will
carry out those actions within a period of time
acceptable to the Authority.
(3) If a person who has been given notice under
subsection (2) fails to give the Authority a
satisfactory response within the 10 business days,
or fails to comply with any undertaking given to
the Authority in response to such a notice, the
Authority—
(a) may do anything that is necessary or
remains to be done under the order and that it
is still practicable to do; and
(4) Nothing in subsection (2) or (3) prevents contempt
of court proceedings from being started or
continued against a person who has failed to
comply with an order made under Division 2.
(5) The Authority may recover any cost it incurs in
taking action under subsection (1) or (3) as a debt
due and payable by the person against whom the
order was made.

342
No. 51 of 2017
Division 4—Impact statements

335 Court may consider impact statements S. 335
inserted by
(1) If the Court considers it appropriate for the person No. 39/2018
or organisation to do so, a person or an s. 7 (as
amended by
organisation may make a statement to the Court Nos 27/2019
for the purpose of assisting the Court in ss 12−30,
3/2020 ss 42–
determining— 44, 47/2020
s. 26).
(a) the sentence for an offence against this Act
or the regulations; or
(b) the penalty for the contravention of a civil
penalty provision; or
(c) whether the Court should make an order
under this Act and, if so, the conditions that
should be imposed on the order.
(2) A statement made under subsection (1) may
include any information relevant to—
(a) the impact of the offence or contravention on
the environment; or
(b) the risk of harm to human health or the
environment caused by the offence or
contravention; or
(c) any injury, loss or damage caused by the
offence or contravention; or
(d) the impact of the offence or contravention on
any person, organisation or community
including, but not limited to, the impact on
any environmental value.
(3) Nothing in this section limits or otherwise affects
the ability of a person or body to make a victim
impact statement under the Sentencing Act 1991.

343
No. 51 of 2017
Division 5—Restorative justice processes

S. 336 336 Adjournment of proceedings for restorative justice
inserted by process
No. 39/2018
s. 7 (as
amended by
(1) A Court may at any time adjourn civil or criminal
Nos 27/2019 proceedings under this Act so that a restorative
ss 12−30,
3/2020 ss 42–
justice process may be conducted.
44, 47/2020
s. 26).
(2) The Court may adjourn proceedings under
subsection (1) of its own motion or on the
application of a party to the proceedings.
(3) A Court may consider the outcome of a restorative
justice process when making any determination
for the purposes of the proceedings including, but
not limited to—
(a) determining a sentence or penalty; or
(b) determining whether to make an order under
this Act or the conditions to be imposed on
such an order.
relevant parties means—
(a) the parties to the proceedings; and
(b) any person or body that all parties to
the proceedings agree may participate
in a restorative justice process,
including but not limited to the
following—
(i) any person or body affected by the
alleged offence or contravention;
(ii) any person or body that the parties
agree represents the interests of
the environment or any part of the
environment;

344
No. 51 of 2017
restorative justice process means any process by

which the relevant parties seek an agreed
resolution of a matter arising from the
alleged offence or contravention.

345
No. 51 of 2017
Part 11.7—Evidentiary and related enforcement provisions
Pt 11.7
(Heading and
Part 11.7—Evidentiary and related
ss 337–348)
inserted by
enforcement provisions
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
S. 337 337 Reports and certificates

inserted by
No. 39/2018
s. 7 (as
(1) An analyst who carries out an analysis may
amended by prepare and sign a certificate in writing of the
Nos 27/2019
ss 12−30,
analysis.
(2) An authorised officer who, for the purposes of this
3/2020 ss 42–
44, 47/2020
s. 26). Act or the regulations, does any of the following
things—
(a) takes a measurement, recording or sample;
(b) conducts an inspection, calculation or test;
(c) analyses recordings of noise emissions;
(d) inspects and evaluates the records of
monitoring equipment, or of other equipment
or installations—
may prepare and sign a report in writing about the
thing done.
(3) If an authorised officer inspects monitoring
equipment, or other equipment or installations, the
authorised officer may give a report in writing to
the Authority stating—
(a) the possible offences against this Act or the
regulations detected and recorded by the
equipment or installations; and

346
No. 51 of 2017
(b) the information supplied by the equipment or

installations, and the officer's evaluation of
that information.
(4) An authorised officer or a police officer who
observes or inspects a motor vehicle may sign a
report to the effect that—
(a) the motor vehicle did not comply with a
provision of this Act or the regulations; or
(b) the motor vehicle was used on a highway; or
(c) a specified person was the driver of the
motor vehicle.
(5) A police officer, or an officer authorised under
section 13 of the Road Safety Act 1986, who
stopped a motor vehicle being used on a highway
may sign a report to the effect that—
(a) the police officer or the officer lawfully
stopped the motor vehicle; and
(b) the motor vehicle was being used on a
highway.
338 Certificate concerning ownership of vehicle or vessel S. 338
inserted by
In proceedings against a registered owner of a No. 39/2018
s. 7 (as
vehicle or vessel, a certificate from— amended by
Nos 27/2019
(a) the Roads Corporation or the Director, ss 12−30,
Transport Safety; or
3/2020 ss 42–
44, 47/2020
s. 26).
(b) a corresponding person or body in the
Commonwealth or another State or a
Territory—
stating that a person was the registered owner of a
vehicle or vessel on a specified date is evidence
that that person was the registered owner of the
vehicle or vessel on that date.

347
No. 51 of 2017
S. 339 339 Certificate concerning litter offences

inserted by
No. 39/2018 (1) In proceedings under Part 6.3, a certificate given
s. 7 (as
amended by
by a litter authority stating—
Nos 27/2019
ss 12−30,
(a) that a specified person is, or was on a
3/2020 ss 42– specified date, a litter enforcement officer; or
44, 47/2020
s. 26). (b) that land is, or was on a specified date, or
that waters are, or were on a specified date,
under the control or management of the litter
authority—
is evidence of that fact.
(2) All Courts and persons acting judicially—
(a) must take judicial notice of the signature or
seal of a litter authority affixed to the
certificate; and
(b) must, until the contrary is proved, presume
that the signature or seal was properly
affixed.
S. 340 340 Reports and certificates to be served with summons
inserted by
No. 39/2018
s. 7 (as
(1) This section applies if a person (the accused) is
amended by served with a summons to answer to a charge of
Nos 27/2019
ss 12−30,
an offence against this Act or the regulations.
(2) A copy of a report or certificate under this Act
3/2020 ss 42–
44, 47/2020
s. 26). that the prosecutor intends to use in the
proceedings for the offence must be served with
the summons.
(3) Service of a copy of a report or certificate with the
summons may be proved in any manner in which
service of the summons may be proved.
(4) If the accused does not give at least 7 days' notice
in writing before the hearing that the accused
requires the person giving the report or certificate
to be called as a witness, the report or certificate is
sufficient evidence of the facts stated in it.

348
No. 51 of 2017
341 Statement to be evidence of authority S. 341

inserted by
A statement in writing purporting to be signed by No. 39/2018
the Authority is prima facie evidence of the s. 7 (as
amended by
matters stated in it, if it is to the effect— Nos 27/2019
ss 12−30,
(a) that a specified person has been appointed by 3/2020 ss 42–
the Authority— 44, 47/2020
s. 26).
(i) as an authorised officer; or
(ii) as an analyst; or
(iii) to take proceedings for offences against
this Act or the regulations; or
(b) that a specified person was served with a
notice under this Act and failed to comply
with that notice; or
(c) that a specified person has not been
appointed by the Authority as an authorised
officer; or
(d) that an exemption has been granted, or one
or more conditions have been imposed, or
that a variation or revocation of a condition
or exemption has been made under this Act;
or
(e) that a permission of a specified kind was, or S. 341(e)
amended by
was not, issued or granted under this Act to a No. 36/2022
specified person; or s. 58.
(f) that no exemption of a specified kind has

been granted under this Act in favour of a
specified person; or
(g) that a document, a copy of which is attached
to the statement, is a document referred to in
a regulation or other instrument under this
Act; or
(h) that a public statement or a public warning
made by the Authority was published under
section 454; or

349
No. 51 of 2017
(i) that a document was or was not lodged with,

received by or served on the Authority.
S. 342 342 Judicial notice of signatures
inserted by
No. 39/2018
s. 7 (as
All Courts and persons acting judicially—
(a) must take judicial notice of—
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42– (i) the signature or facsimile signature of
44, 47/2020 the Chairperson affixed to any
s. 26).
document; and
(ii) the signature or facsimile signature of
any officer of the Authority to whom
for the time being the Authority has
delegated power to sign a document;
and
(iii) the signature or facsimile signature of
any authorised officer; and
(b) must, until the contrary is proved, presume
that the signature was properly affixed.
S. 343 343 Evidence
inserted by
No. 39/2018
s. 7 (as
(1) Monitoring equipment, or other equipment or
amended by installations, used by an authorised officer or an
Nos 27/2019
ss 12−30,
analyst is presumed to be accurate and precise,
3/2020 ss 42– unless evidence to the contrary is presented in
44, 47/2020
s. 26).
proceedings under this Act.
(2) Despite the rule against hearsay, the results of any
analysis based on analytical techniques that by
their nature infringe the rule against hearsay are
admissible in evidence in proceedings under this
Act.
(3) Each attribute of a sample taken for any purpose
under this Act is presumed not to be materially
affected by its method of storage or preservation
unless evidence to the contrary is presented.

350
No. 51 of 2017
(4) A finding by a Court that an attribute of a sample

was materially affected by its method of storage
or preservation does not displace the presumption
in relation to the other attributes of the sample.
(5) Despite the rule against hearsay, a transport
certificate relating to the transport of reportable
priority waste is admissible in evidence in
proceedings under this Act and is prima facie
evidence of the matters stated in the transport
certificate.
344 Service of documents S. 344
inserted by
(1) A document required to be given to or served on a No. 39/2018
s. 7 (as
person by or under this Act may be given or amended by
served personally on the person or by— Nos 27/2019
ss 12−30,
(a) sending it by post to the person at the
3/2020 ss 42–
44, 47/2020
person's usual or last known residential or s. 26).
business address; or
(b) leaving it at the person's usual or last known
residential address with a person on the
premises who is apparently at least 16 years
old; or
(c) leaving it at the person's usual or last known
business address with a person who is
apparently employed at the premises and is
apparently at least 16 years old; or
(d) sending it by electronic communication to
the person at the person's usual or last known
electronic address.
(2) A document under this Act required to be given to
or served on a body corporate may be given or
served by giving it to, or sending it by post or
electronic communication to, the body corporate
at the head office, registered office or principal
place of business of the body corporate.

351
No. 51 of 2017
(3) If a document relates to a contravention of this

Act by a person, the following is taken to be the
person's usual or last known residential or
business address unless there are circumstances to
suggest that the person resides or carries on
business elsewhere—
(a) in the case of a contravention arising out of
the driving or use of a motor vehicle—the
address appearing as the person's address in
the licence to drive (if any) produced by the
person at the time of the contravention or
when it is investigated;
(b) in the case of a contravention by the
registered owner of a motor vehicle—the
address appearing as the address of the
owner in the certificate of registration of the
motor vehicle for the time being in force
under the Road Safety Act 1986 or under a
corresponding law of the Commonwealth, a
State or a Territory;
(c) in the case of a contravention by the
registered owner of a vessel—the address
appearing as the address of the owner—
(i) for a recreational vessel within the
meaning of section 3(1) of the Marine
Safety Act 2010, in the certificate of
registration of the vessel for the time
being in force under the Marine Safety
Act 2010 or under a corresponding law
of the Commonwealth, a State or a
Territory; or
(ii) for a domestic commercial vessel
within the meaning of section 3(1) of
the Marine Safety Act 2010, in the
certificate of survey of the domestic
commercial vessel for the time being in
force under the Marine Safety

352
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(Domestic Commercial Vessel)

National Law.
(4) If this Act requires or authorises a document to be
given to or served on the master or owner of a
vessel, and the notice is given to or served on an
agent of the vessel in accordance with this section,
the notice is taken to have been given to or served
on the owner or master of the vessel.
(5) If—
(a) person is charged with an offence alleged to
have been committed on board a vessel; and
(b) the vessel is for the time being out of the
jurisdiction—
documents relating to the offence are taken to be
served on the person by being served on the agent
of the vessel in respect of which the offence is
alleged to have occurred.
(6) Subject to subsection (7), the provisions of this
section are in addition to, and not in derogation
from, the Interpretation of Legislation
Act 1984, the Electronic Transactions
(Victoria) Act 2000 and sections 109X
and 601CX of the Corporations Act.
(7) Section 8(2) of the Electronic Transactions
(Victoria) Act 2000 does not apply to service of a
notice or order under this section.
(8) In this section, a reference to a contravention
includes a reference to an alleged contravention.
345 Service of documents—alternative to attendance S. 345
inserted by
(1) A person who gives or serves a document under No. 39/2018
s. 7 (as
this Act may, instead of attending proceedings amended by
under this Act— Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).

353
No. 51 of 2017
(a) make an affidavit endorsed on, or attached to

and identifying, the original document
stating the time and manner in which the true
copy of the document was given or served;
and
(b) transmit the original document for
production at the proceedings.
(2) A document purporting to be an affidavit under
subsection (1) is to be received in proceedings as
prima facie evidence of the statements contained
therein.
S. 346 346 Authority to be able to recover costs of analysis
inserted by
No. 39/2018
s. 7 (as
(1) In proceedings under this Act in which legal costs
amended by are awarded to the Authority or to a person
Nos 27/2019
ss 12−30,
appointed by the Authority to take proceedings,
3/2020 ss 42– the Court may include in those costs the
44, 47/2020
s. 26).
reasonable cost of work conducted by the
Authority.
(2) A document that—
(a) sets out charges for work similar to work
conducted by the Authority; or
(b) purports to estimate the reasonable cost of
work conducted by the Authority; and
(c) is signed by, or on behalf of, a person who
purports to be a person who charges for
doing work similar to that conducted by the
Authority—
is evidence of the reasonable cost of work
conducted by the Authority.
(3) For the purposes of this section, work conducted
by the Authority includes, but is not limited to,
analysis, measurement, recording, evaluation,
testing or inspection conducted by the Authority.

354
No. 51 of 2017
347 Persons who may take proceedings S. 347

inserted by
(1) The Authority may appoint a person who is an No. 39/2018
employee or an officer of the Authority to take s. 7 (as
amended by
proceedings for offences against this Act or the Nos 27/2019
regulations. ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
(2) Subject to subsections (3), (4), (5), (6) and (7), S. 347(2)
amended by
proceedings for an offence against this Act or the No. 36/2022
regulations may only be taken by a person s. 59(1).
appointed under subsection (1).

(3) A person may take proceedings for an offence S. 347(3)
amended by
against a provision relating to permits that the No. 36/2022
regulations specify are to be enforced by a council s. 59(2).
if appointed to do so by the council.

(4) A litter authority or litter enforcement officer may
take proceedings for an offence against a
provision of Part 6.3.
(5) A prescribed person may take proceedings for an
offence against the regulations.
(6) A person who may serve an infringement notice
under section 307(1) may, if a person who is
served with an infringement notice elects to have
the matter of the infringement offence heard and
determined by the Magistrates' Court, take
proceedings for that offence.
(7) If a council or public sector body has been S. 347(7)
inserted by
delegated powers or functions in relation to any No. 36/2022
offences against section 25, 27, 286, 287 or 288, s. 59(3).
the council or public sector body may appoint a

person who is an employee or an officer of the
council or public sector body (as the case may be)
to take proceedings for those offences.

355
No. 51 of 2017
S. 347(8) (8) A council or public sector body who makes an

inserted by appointment under subsection (7) may impose any
No. 36/2022
s. 59(3). conditions on the appointment that the council or
public sector body considers necessary.
S. 348 348 Contraventions on shared premises
inserted by
No. 39/2018
s. 7 (as
If—
(a) premises are shared by a body corporate and
amended by
Nos 27/2019
ss 12−30, one or more bodies corporate that is a
subsidiary (within the meaning of the
3/2020 ss 42–
44, 47/2020
s. 26). Corporations Act) of that body corporate;
and
(b) one of those bodies corporate is the holder of
a permission in respect of those premises;
and
(c) a contravention of a condition of the
permission occurs—
the holder of the permission is, in the absence of
evidence to the contrary, to be taken to have
caused that contravention.

356
No. 51 of 2017
Part 11.8—Officers' liabilities and conduct of employees and agents
Part 11.8—Officers' liabilities and conduct of Pt 11.8

(Headings
employees and agents and ss 349–
353)
inserted by
Division 1—Officers' liabilities No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
349 Liability of officers of bodies corporate—failure to S. 349

inserted by
exercise due diligence No. 39/2018
s. 7 (as
(1) If a body corporate that is a corporation within the amended by
meaning of section 57A of the Corporations Act Nos 27/2019
ss 12−30,
commits an offence against, or by contravening, a 3/2020 ss 42–
provision specified in subsection (2), an officer of 44, 47/2020
s. 26).
the body corporate also commits an offence
against, or by contravening, the provision if the
officer failed to exercise due diligence to prevent
the commission of the offence by the body
corporate.
provisions are specified—
(a) section 40(1);
(b) section 64;
(c) section 115(3) and (4);
(d) section 121(5) and (7);
(e) section 139(1);
(f) section 142(1);
(g) section 143(1);
(h) section 155(1);
(i) section 168;
(j) section 255(2);
(k) section 288;

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No. 51 of 2017
(l) section 289(1) and (2);

(m) section 290(1);
(n) section 292(2);
(o) section 293(1);
(p) section 462(1).
(3) In determining whether an officer of a body
corporate failed to exercise due diligence, a Court
may have regard to—
(a) what the officer knew, or ought reasonably
to have known, about the commission of the
offence by the body corporate; and
(b) whether or not the officer was in a position
to influence the body corporate in relation to
corporate; and
(c) what steps the officer took, or could
reasonably have taken, to prevent the
commission of the offence by the body
corporate; and
(d) any other relevant matter.
(4) Without limiting any other defence available to
the officer, an officer of a body corporate may
rely on a defence that would be available to the
body corporate if it were charged with the offence
with which the officer is charged and, in doing so,
the officer bears the same burden of proof that the
body corporate would bear.
(5) An officer of a body corporate may commit an
offence against, or by contravening, a provision
specified in subsection (2) whether or not the
body corporate has been prosecuted for, or found
guilty of, that offence.

358
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350 Liability of officers of bodies corporate—failure to S. 350

exercise due diligence (legal burden of proof) inserted by
No. 39/2018
(1) If a body corporate that is a corporation within the s. 7 (as
amended by
commits an offence against, or by contravening, a ss 12−30,
3/2020 ss 42–
provision specified in subsection (2), an officer of 44, 47/2020
the body corporate also commits an offence s. 26).
against, or by contravening, the provision.

provisions are specified—
(a) section 25(1);
(b) section 27(1);
(c) section 28(1);
(d) section 32(2);
(e) section 44(1);
(f) section 45(1);
(g) section 46(1);
(h) section 47(1);
(i) section 63(1), (2) and (3);
(j) section 88(2);
(k) section 133(1) and (2);
(l) section 134(1);
(m) section 135(2);
(n) section 137(1);
(o) section 286(1);
(p) section 287(1);
(q) section 290(1);
(r) section 292(1);
(s) section 463(2).

359
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(3) It is a defence to a charge for an offence against,

or committed by contravening, a provision
specified in subsection (2) for an officer of a body
corporate to prove that the officer exercised due
diligence to prevent the commission of the offence
by the body corporate.
(4) In determining whether an officer of a body
corporate exercised due diligence, a Court may
have regard to—
(a) what the officer knew, or ought reasonably
to have known, about the commission of the
offence by the body corporate; and
(b) whether or not the officer was in a position
to influence the body corporate in relation to
corporate; and
(c) what steps the officer took, or could
reasonably have taken, to prevent the
corporate; and
(d) any other relevant matter.
offence against, or by contravening, a provision
specified in subsection (2) whether or not the
body corporate has been prosecuted for, or found
guilty of, that offence.

360
No. 51 of 2017
351 Liability of officers of bodies corporate—accessorial S. 351

liability inserted by
No. 39/2018
(1) If a body corporate that is a corporation within the s. 7 (as
amended by
commits an offence against a provision of this ss 12−30,
3/2020 ss 42–
Act, other than an offence against, or committed 44, 47/2020
by contravening, a provision specified in section s. 26).
349(2) or 350(2), an officer of the body corporate

also commits the offence if the officer—
(a) authorised or permitted the commission of
the offence by the body corporate; or
(b) was knowingly concerned in any way
(whether by act or omission) in the
corporate.
offence against a provision of this Act, other than
an offence against, or committed by the
contravention of, a provision specified in section
349(2) or 350(2), whether or not the body
corporate has been prosecuted for, or found guilty
of, that offence.
352 Application of civil penalties to officers of bodies S. 352
inserted by
corporate No. 39/2018
s. 7 (as
If a body corporate that is a corporation within the amended by
ss 12−30,
contravenes a civil penalty provision that is 3/2020 ss 42–
specified in section 349(2) or 350(2), sections 349 44, 47/2020
s. 26).

361
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and 350 apply to an officer of the body

corporate—
(a) as if a reference to the commission of an
offence were a reference to a contravention
of the civil penalty provision; and
(b) as if a reference to a defence to a charge for
an offence were a reference to a defence to
the alleged contravention of the civil penalty
provision; and
(c) as if a reference to a prosecution or finding
of guilt for an offence were a reference to the
bringing of proceedings for, or a finding of a
contravention in relation to, a contravention
of the civil penalty provision; and
(d) with any other necessary modifications.
Division 2—Conduct of employees and agents

S. 353 353 Conduct of employee, agent or officer taken to be
inserted by conduct of body corporate
No. 39/2018
s. 7 (as
amended by
For the purposes of this Act, any conduct engaged
Nos 27/2019 in on behalf of a body corporate by an employee,
ss 12−30,
3/2020 ss 42–
agent or officer of the body corporate is also taken
44, 47/2020 to be conduct engaged in by the body corporate if
s. 26). the employee, agent or officer is acting within the
actual or apparent scope of the employee's, agent's
or officer's employment or authority.

362
No. 51 of 2017
Part 11.9—Defence of emergency
Part 11.9—Defence of emergency Pt 11.9

(Heading and
s. 354)
inserted by
No. 39/2018
s. 7 (as
amended by
Nos 27/2019
ss 12−30,
3/2020 ss 42–
44, 47/2020
s. 26).
354 Emergency S. 354

inserted by
It is a defence to any offence against, or No. 39/2018
s. 7 (as
contravention of, a provision of this Act or the amended by
regulations if the act or omission alleged to Nos 27/2019
ss 12−30,
constitute the offence or contravention occurred in 3/2020 ss 42–
an emergency to prevent danger to life or limb 44, 47/2020
s. 26).
other than an emergency arising from the
negligent act or omission of the person who is
alleged to have committed the offence or
contravention.

363
No. 51 of 2017
S. 4
substituted as
Chapter 12—Environment Protection
Ch. 12
(Headings
Authority
and s. 355) by
No. 39/2018
s. 8.
Pt 12.1
(Heading)
inserted by
No. 39/2018
s. 8.

substituted as
s. 355 by
No. 39/2018
s. 8. Chapter.
(2) The Environment Protection Authority continues
in existence under Part 12.2 and has the objective,
functions, powers, officers and staff provided for
in that Part.
(3) Part 12.3 contains provisions relating to the
following matters—
(a) the application of the Public
Administration Act 2004 to the Authority;
(b) the remuneration and expenses of the
Governing Board of the Authority;
(c) notifications by the Authority to IBAC.

364
No. 51 of 2017
Part 12.2—Environment Protection Authority
Part 12.2—Environment Protection Pt 2 (Heading)

substituted as
Authority Pt 12.2
(Heading) by
No. 39/2018
s. 9.
356 Environment Protection Authority S. 5

renumbered
(1) The Environment Protection Authority as s. 356 by
No. 39/2018
established under section 5(1) of the s. 22.
Environment Protection Act 1970 as in force
immediately before the commencement day
continues in existence in accordance with this Act.
(2) The Authority—
(a) is a body corporate with perpetual
succession; and
(b) has an official seal; and
(c) may sue and be sued; and
(d) may acquire, hold and dispose of real and
personal property; and
(e) may do and suffer all acts and things that a
body corporate may by law do and suffer.
(3) All courts must take judicial notice of the official
seal of the Authority affixed to a document and,
until the contrary is proved, must presume that it
was duly affixed.
(4) The official seal of the Authority must—
(a) be kept in such custody as the Authority
determines; and
(b) not be used except as authorised by the
Authority.
(5) The Authority continues to be the same body
despite the re-constitution of the body by this Act.

365
No. 51 of 2017
S. 5(6) (6) In this section—

inserted by
No. 39/2018 commencement day means 1 July 2018.
s. 10,
renumbered
as s. 356(6) by
No. 39/2018
s. 22.
S. 6 357 Objective of the Authority

renumbered
as s. 357 by
No. 39/2018
(1) The objective of the Authority is to protect
s. 22. human health and the environment by reducing
the harmful effects of pollution and waste.
S. 6(2)
amended by
(2) The Authority must exercise its powers and
No. 39/2018 perform its duties and functions under this Act or
s. 11,
renumbered
any other Act for the purposes of achieving the
as s. 357(2) by objective set out in subsection (1) to the extent
No. 39/2018
s. 22.
that it is practicable to do so having regard to the
nature of the power being exercised or the duty or
function being performed.
S. 7 358 Functions of the Authority
substituted as
s. 358 by
No. 39/2018
The functions of the Authority are—
(a) to monitor and assess environmental quality;
s. 12 (as
amended by
No. 27/2019 and
s. 31).
(b) to identify, assess and monitor risks of harm
to human health and the environment; and
(c) to respond to harm and risks of harm to
human health and the environment; and
(d) to identify and respond to opportunities to—
(i) eliminate or reduce risks of harm to
human health and the environment; and
(ii) improve environmental quality; and
(e) to provide advice and recommendations to
the Minister in relation to human health and
the environment including, but not limited

366
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to, the making of subordinate legislation and

environment reference standards; and
(f) to liaise and collaborate with
Commonwealth, State, Territory and local
governments for the purposes of achieving
the objective of the Authority specified in
section 357 and administering this Act; and
(g) to provide information and education to the
Victorian community in relation to—
(i) environmental quality; and
(ii) risks of harm to human health and the
environment; and
(iii) environmental best practice and
improvements; and
(h) to promote the prevention of harm, and the
elimination and reduction of risks of harm, to
pollution and waste; and
(i) to administer the provisions of this Act and
the regulations relating to permissions; and
(j) to administer the provisions of this Act
relating to waste and to pursue the objects set
out in section 111; and
(k) to monitor and review the performance of the
Authority's functions and duties; and
(l) to promote, monitor and enforce compliance
with this Act; and
(m) to perform other functions conferred on the
Authority under this Act or under any other
Act.

367
No. 51 of 2017
S. 359 359 Powers of the Authority

inserted by
No. 39/2018 (1) The Authority has—
s. 12 (as
amended by (a) any power conferred on the Authority under
No. 27/2019
s. 31).
this or any other Act; and
(b) the power to do all things that are necessary
or convenient to be done for or in connection
with the performance of the Authority's
functions and duties and to enable the
Authority to achieve its objective.
(2) The Authority may give advice to a person who
has a duty or obligation under this Act about
complying with that duty or obligation.
(3) The Authority's power under subsection (2) to
give advice may also be exercised by an
authorised officer.
(4) The giving of advice under subsection (2) by the
Authority or an authorised officer does not give
rise to—
(a) any liability of, or other claim against, the
Authority; or
(b) any right, expectation, duty or obligation that
would not otherwise be conferred or imposed
on the person given the advice; or
(c) any defence that would not otherwise be
available to that person.
(5) The Authority has power—
(a) to apply for, obtain and hold intellectual
property rights (including patents,
copyrights, trade marks and registered
designs); and
(b) to enter into agreements or arrangements for
the commercial exploitation within or
outside Victoria of those intellectual property
rights and ancillary services on any terms or

368
No. 51 of 2017
conditions as to royalties, lump sum

payments or otherwise as the Authority may
see fit.
360 Staff S. 8
renumbered
(1) There may be employed under Part 3 of the as s. 360 by
No. 39/2018
Public Administration Act 2004 any persons that s. 22.
are necessary for the purposes of performing the
duties and functions of the Authority.
(2) The Authority may enter into agreements or
arrangements for the use of the services of any
staff of a Department, statutory authority or other
public body.
361 Environment Protection Authority Governing S. 9
renumbered
Board as s. 361 by
No. 39/2018
(1) The Authority has a governing body known as s. 22.
the Environment Protection Authority Governing
Board.
(2) The Governor in Council must appoint, on the
recommendation of the Minister, not less than
5 and not more than 9 persons to be members of
the Governing Board.
(3) In recommending a person for appointment as a
member of the Governing Board, the Minister
must—
(a) ensure that at least one of the persons
recommended has qualifications or
experience in science or engineering; and
(b) ensure that at least one of the persons
recommended is a person nominated by the
Minister responsible for the administration of
the Public Health and Wellbeing Act 2008
who has qualifications or experience in
health; and

369
No. 51 of 2017
(c) ensure that collectively the persons

recommended have skills, knowledge or
experience in relation to the following—
(i) environment protection or regulation;
(ii) regulation of industry;
(iii) local government;
(iv) public administration or governance;
(v) finance or accounting;
(vi) legal practice.
S. 10 362 Functions of the Governing Board
renumbered
as s. 362 by
No. 39/2018
(1) The Governing Board—
(a) is responsible for the governance, strategic
s. 22.
planning and risk management of the

Authority; and
(b) is responsible for pursuing the objective of
the Authority; and
(c) may perform the duties and functions and
exercise the powers of the Authority.
(2) All acts and things done in the name of, or on
behalf of, the Authority by or with the authority of
the Governing Board are taken to have been done
by the Authority.
S. 11 363 Chairperson and deputy Chairperson
renumbered
as s. 363 by
No. 39/2018
s. 22. of the Minister, must appoint—
(a) one member of the Governing Board to be
the Chairperson; and
(b) one member of the Governing Board to be
the deputy Chairperson.

370
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(2) A person appointed as Chairperson or deputy

Chairperson of the Governing Board ceases to
hold that office on ceasing to be a member of the
Governing Board.
364 Conditions of office for Governing Board members S. 12
renumbered
(1) A member of the Governing Board— as s. 364 by
No. 39/2018
(a) holds office for the period, not exceeding
s. 22.
5 years, specified in the instrument of

appointment; and
(b) holds office on the terms and conditions
(including remuneration and allowances)
specified in the instrument of appointment;
and
(c) is eligible for reappointment for one further
term of office; and
(d) in respect of the office of member of the
Governing Board, is subject to the Public
Administration Act 2004 (other than Part 3
of that Act).
(2) An instrument of appointment may specify
other terms and conditions of appointment not
inconsistent with this Act.
365 Vacancies, resignations and removal from office S. 13
renumbered
(1) The office of a member of the Governing Board as s. 365 by
No. 39/2018
becomes vacant if that member— s. 22.
(a) becomes an insolvent under administration;

or
(b) is convicted or found guilty of—
(i) an indictable offence; or
(ii) an offence that, if committed in
Victoria, would be an indictable
offence; or

371
No. 51 of 2017
(c) is absent from 2 consecutive meetings of the

Governing Board without the approval of the
Governing Board; or
(d) is removed from office; or
(e) retires or resigns; or
(f) dies.
S. 13(2)
amended by
(2) If the office of a member of the Governing
No. 39/2018 Board becomes vacant before the end of the term
s. 13(1),
renumbered
of office, the Governor in Council may appoint a
as s. 365(2) by person in accordance with section 366 to fill the
No. 39/2018
s. 22.
vacancy and to hold office, subject to this Act, for
the remainder of the term.
(3) If the office of a member of the Governing
Board becomes vacant within 6 months before the
end of the term of the office, the office may be left
vacant for the remainder of the term.
(4) A member of the Governing Board may resign
from office by delivering a signed letter of
resignation to the Minister.
of the Minister, may remove a member of the
Governing Board from office—
(a) if that member becomes incapable of
performing the member's duties; or
(b) if the member is negligent in the
performance of those duties; or
(c) if the member engages in improper conduct;
or
S. 13(5)(d)
amended by
(d) if the member fails to disclose a pecuniary
No. 39/2018 interest as required by section 370; or
s. 13(2)(a),
renumbered
as s. 365(5)(d)
by
No. 39/2018
s. 22.

372
No. 51 of 2017
(e) if the member is convicted or found guilty S. 13(5)(e)

of an offence against this Act; or amended by
No. 39/2018
(f) if the member is no longer suitable to hold s. 13(2)(b),
renumbered
office as a member of the Governing Board. as s. 365(5)(e)
by
No. 39/2018
s. 22.
366 Acting appointments S. 14

renumbered
(1) The deputy Chairperson must act as as s. 366 by
No. 39/2018
Chairperson— s. 22.
(a) if the office of Chairperson is vacant; or

(b) during any period when the Chairperson is
absent; or
(c) if the Chairperson is, for any other reason,
unable to attend meetings of the Governing
Board or otherwise unable to perform the
duties of the office.
(2) While the deputy Chairperson is acting as
Chairperson, the deputy Chairperson—
(a) has and may exercise all the powers, and
must perform all the duties and functions, of
the Chairperson; and
(b) is entitled to be paid the remuneration and
allowances to which the Chairperson would
have been entitled.
of the Minister, may appoint a member of the
Governing Board to act as deputy Chairperson—
(a) during a vacancy in the office of deputy
Chairperson; or
(b) during any period when the deputy
Chairperson is absent; or

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(c) during any period when the deputy

Chairperson is acting as Chairperson; or
(d) if the deputy Chairperson is, for any other
reason, unable to attend meetings of the
Governing Board or otherwise unable to
perform the duties of the office.
(4) While a member of the Governing Board is acting
as deputy Chairperson, the member has and may
exercise all the powers, and must perform all the
duties and functions, of the deputy Chairperson.
of the Minister, may appoint a person to act as a
member of the Governing Board (other than the
Chairperson or deputy Chairperson)—
(a) during a vacancy in the office of a member;
or
(b) during any period when a member is absent;
or
(c) during any period when a member is acting
as deputy Chairperson; or
(d) if a member is, for any other reason, unable
to attend meetings of the Governing Board or
otherwise unable to perform the duties of the
office.
(6) While a person is acting as a member of the
Governing Board, the person—
(a) has and may exercise all the powers, and
must perform all the duties and functions, of
a member; and
(b) is entitled to be paid the remuneration and
allowances to which the member would have
been entitled.

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(7) In recommending a person for an appointment

under subsection (5), the Minister must ensure
that the recommended person, together with the
members of the Governing Board, collectively
have skills, knowledge or experience in relation
to the following—
(a) environment protection or regulation;
(b) regulation of industry;
(c) local government;
(d) public administration or governance;
(e) finance or accounting;
(f) legal practice.
(8) In recommending a person for an appointment
under subsection (5), the Minister must ensure
that, of the members of the Governing Board and
the recommended person—
(a) at least one has qualifications or experience
in science or engineering; and
(b) at least one is a person nominated by the
Minister responsible for the administration of
the Public Health and Wellbeing Act 2008
who has qualifications or experience in
health.
367 Validity of acts or decisions S. 15
renumbered
An act or a decision of the Governing Board is not as s. 367 by
No. 39/2018
invalid by reason only of— s. 22.
(a) any vacancy in the office of a member; or

(b) any defect or irregularity in or in connection
with the appointment of a member.

375
No. 51 of 2017
S. 16 368 Proceedings of the Governing Board

renumbered
as s. 368 by (1) Meetings of the Governing Board must be held at
No. 39/2018
s. 22.
the times and places determined by the Governing
Board.
(2) A majority of the members of the Governing
Board for the time being, of whom one member
must be the Chairperson or deputy Chairperson,
constitutes a quorum of the Governing Board.
(3) A question arising at a meeting of the Governing
Board must be determined by a majority of votes
of members present and voting on the question.
(4) If the voting is equal, the person presiding has a
casting, as well as a deliberative vote.
(5) A meeting of the Governing Board may be
conducted by telephone, closed-circuit television
or other means of communication that does not
require the physical presence of each member of
the Governing Board in the same room.
(6) The person presiding at a meeting must ensure
that minutes of the meeting are kept.
(7) Subject to this Act, the Governing Board may
regulate its own proceedings.
S. 17 369 Resolutions without meetings
renumbered
as s. 369 by
No. 39/2018
(1) The Governing Board may—
(a) determine that it may make a proposed
s. 22.
resolution without a meeting; and

(b) determine a method by which members
of the Governing Board are to indicate
agreement with any proposed resolution.

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No. 51 of 2017
(2) The Governing Board is taken to have made a

resolution at a meeting if—
(a) without meeting, a majority of the members
of the Governing Board entitled to vote on
the proposed resolution indicate agreement
with the resolution; and
(b) that agreement is indicated in accordance
with the method determined by the
Governing Board under subsection (1)(b);
and
(c) all the members were informed of the
proposed resolution, or reasonable efforts
were made to inform the members of the
proposed resolution.
(3) For the purposes of subsection (2)(a), a member
of the Governing Board is not entitled to vote on
a proposed resolution if the member would not
have been entitled to vote on that resolution if the
matter had been considered at a meeting of the
Governing Board.
(4) The Governing Board must keep a record of the
resolutions made in accordance with this section.
370 Pecuniary interests of members of the Governing S. 18
renumbered
Board as s. 370 by
No. 39/2018
(1) A member of the Governing Board who has a s. 22.
pecuniary interest in a matter being considered or
to be considered by the Governing Board, as soon
as practicable after the relevant facts have come to
the member's knowledge, must disclose the nature
of that interest at a meeting of the Governing
Board.
(2) If the Chairperson has a pecuniary interest in a
matter being considered or to be considered by
the Governing Board, the Chairperson, as soon as

377
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practicable after the relevant facts come to the

Chairperson's knowledge, must disclose the nature
of that interest to the Minister.
(3) The person presiding at a meeting at which a
disclosure is made under this section must cause a
record of the disclosure to be made in the minutes
of the meeting.
(4) Subject to subsection (5), a member of the
Governing Board who has made a disclosure
under subsection (1) or (2) must not be present
during any deliberation with respect to, or vote on,
the matter in respect of which the disclosure is
made.
(5) Subsection (4) does not apply if a member has
made a disclosure to the Governing Board and the
Governing Board resolves that the member may
be present during any deliberation with respect to,
or vote on, the matter in respect of which the
disclosure is made.
S. 19 371 Improper use of information
renumbered
as s. 371 by
No. 39/2018
A person who is, or has been, a member of the
s. 22. Governing Board, the chief executive officer, an
authorised officer or an employee of the Authority
must not make improper use of any information
acquired in the course of the person's duties to
obtain, directly or indirectly, any pecuniary or
other advantage for that person or for any other
person.

378
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372 Governing Board may establish advisory S. 20

committees renumbered
as s. 372 by
(1) The Governing Board may establish committees No. 39/2018
s. 22.
for the purpose of providing advice and
information to assist the Governing Board in the
performance of its functions.
(2) The Governing Board may determine—
(a) the process for establishing an advisory
committee; and
(b) the terms of reference for an advisory
committee; and
(c) matters relating to the procedure of an
advisory committee; and
(d) the terms and conditions of the appointment
of members of an advisory committee.
(3) The Governing Board may appoint any person to
be a member of an advisory committee.
(4) A member of an advisory committee must be paid
any allowances and expenses that are determined
by the Governing Board.
373 Chief executive officer S. 21
renumbered
(1) The Governing Board must appoint a person to be as s. 373 by
No. 39/2018
the chief executive officer of the Authority. s. 22.
(2) The chief executive officer—

(a) must not be a member of the Governing
Board; and
(b) may attend meetings of the Governing
Board.
(3) The chief executive officer is employed subject to
terms and conditions (including remuneration and
allowances) that are specified in the instrument of
appointment.

379
No. 51 of 2017
S. 21(4) (4) Subject to and in accordance with directions given

amended by to the chief executive officer by the Governing
No. 39/2018
s. 14, Board for the purposes of section 362, the chief
renumbered executive officer is responsible to the Governing
as s. 373(4) by
No. 39/2018 Board for the administration of the day to day
s. 22. management of the affairs of the Authority.
(5) The chief executive officer may delegate any
power or function of the chief executive officer
under this Act or the regulations, other than this
power of delegation, to—
(a) an officer or employee of the Authority; or
(b) the holder of an office or position with the
Authority.
S. 22 374 Chief environmental scientist
renumbered
as s. 374 by
No. 39/2018
(1) The Governing Board must appoint a person to be
s. 22. the chief environmental scientist of the Authority.
(2) The person appointed as the chief environmental
scientist is employed under Part 3 of the Public
Administration Act 2004.
(3) Subject to and in accordance with the directions
given to the chief environmental scientist by the
chief executive officer, the chief environmental
scientist is responsible for the provision of advice
to the Authority relating to—
S. 22(3)(a)
amended by
(a) the objective of the Authority set out in
No. 39/2018 section 357; or
s. 15,
renumbered
as s. 374(3)(a)
by
No. 39/2018
s. 22.
(b) the duties and functions of the Authority.

380
No. 51 of 2017
Part 12.3—General provisions
Part 12.3—General provisions Pt 3 (Heading)

substituted as
Pt 12.3
(Heading) by
No. 39/2018
s. 16.
375 Application of the Public Administration Act 2004 S. 23

renumbered
The Public Administration Act 2004 as s. 375 by
No. 39/2018
applies to the Authority as if the Authority was a s. 22.
public entity, but not a small entity, within the
meaning of that Act, established on or after the
commencement of Part 5 of that Act.
376 Remuneration and expenses S. 24
amended by
The remuneration and expenses of the members No. 39/2018
s. 17,
of the Governing Board, members of advisory renumbered
committees, the chief executive officer and the as s. 376 by
No. 39/2018
chief environmental scientist and all other s. 22.
expenses lawfully incurred by the Authority
and the Governing Board under this Act are to be
paid out of the Environment Protection Fund
established under section 441 and moneys
provided by Parliament for the purpose.
377 Mandatory notification of corrupt conduct to IBAC S. 377
inserted by
(1) Subject to any exemption notice issued under No. 39/2018
s. 18 (as
section 57B of the Independent Broad based amended by
Anti-corruption Commission Act 2011, the Nos 27/2019
ss 32−40,
Chairperson must notify the IBAC of any matter 3/2020 ss 45,
that the Chairperson suspects on reasonable 46, 47/2020
s. 27).
grounds involves corrupt conduct occurring or
having occurred, of which the Chairperson
becomes aware in the performance of functions or
duties or the exercise of powers under this Act or
any other Act.
(2) This section does not apply to corrupt conduct of
the IBAC or IBAC personnel.

381
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(3) This section does not apply to a matter referred to

the Authority by the IBAC under section 73 of the
Independent Broad-based Anti-corruption
Commission Act 2011.
(4) If the Chairperson considers at any time that any
matter described in subsection (3) appears to
involve conduct that is corrupt conduct, the
Chairperson must inform the IBAC.
S. 378 378 Consultation prior to notification
inserted by
No. 39/2018
s. 18 (as
For the purposes of deciding whether to make a
amended by notification under this Part to the IBAC, the
Nos 27/2019
ss 32−40,
Chairperson may consult the IBAC.
3/2020 ss 45,
46, 47/2020
s. 27).
S. 379 379 Communication of information to the IBAC

inserted by
No. 39/2018
s. 18 (as
(1) At any time, the Chairperson may provide or
amended by disclose any information received or obtained in
Nos 27/2019
ss 32−40,
the course of the performance of functions or
3/2020 ss 45, duties or the exercise of powers of the Authority
46, 47/2020
s. 27).
under this Act or any other Act to the IBAC if the
Chairperson considers that—
(a) the information is relevant to the
performance of the functions or duties or the
exercise of powers of the IBAC; and
(b) it is appropriate for the information to be
brought to the attention of the IBAC, having
regard to the nature of the information.
(2) This section applies subject to any restriction on
the provision or disclosure of information under
this Act or any other Act (including any
Commonwealth Act).

382
No. 51 of 2017
380 Authority not to prejudice investigations of the S. 380

IBAC inserted by
No. 39/2018
(1) If the Authority is, or becomes, aware of an IBAC s. 18 (as
amended by
investigation, the Authority must take all Nos 27/2019
reasonable steps to ensure that the performance of ss 32−40,
3/2020 ss 45,
its functions or duties or the exercise of its powers 46, 47/2020
does not prejudice the IBAC investigation. s. 27).
(2) For the purposes of ensuring compliance with

subsection (1), the Authority may consult the
IBAC.

383
No. 51 of 2017
Ch. 13
(Headings
Chapter 13—Waste and resource recovery
and ss 381–
427)
infrastructure and planning
inserted by
No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
Pt 13.1
(Heading and
s. 381)
inserted by
No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).

inserted by
No. 39/2018
s. 18 (as
amended by Chapter.
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
S. 381(2)
repealed by
* * * * *
No. 55/2021
s. 192.
(3) Part 13.3 provides for the Victorian Waste and
Resource Recovery Infrastructure Planning
Framework by—
(a) defining, and setting out the objectives of,
the Victorian Waste and Resource Recovery
Infrastructure Planning Framework; and

384
No. 51 of 2017
(b) providing for the process for the making,

publication, approval, review and
amendment of the State-Wide Waste and
Resource Recovery Infrastructure Plan and
Regional Waste and Resource Recovery
Implementation Plans.

385
No. 51 of 2017
Pt 13.2 * * * * *
(Headings
and ss 382–
404)
inserted by
No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27),
repealed by
No. 55/2021
s. 193.

386
No. 51 of 2017
Part 13.3—Victorian Waste and Resource Recovery Infrastructure Planning
Framework
Part 13.3—Victorian Waste and Resource Pt 13.3

(Headings
Recovery Infrastructure Planning and ss 405–
427)
Framework inserted by
No. 39/2018
s. 18 (as
Division 1—Victorian Waste and Resource amended by
Nos 27/2019
Recovery Infrastructure Planning Framework ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
405 Definition of the Victorian Waste and Resource S. 405

inserted by
Recovery Infrastructure Planning Framework No. 39/2018
s. 18 (as
For the purposes of this Act, the Victorian Waste amended by
Nos 27/2019
and Resource Recovery Infrastructure Planning ss 32−40,
Framework means— 3/2020 ss 45,
46, 47/2020
(a) the State-Wide Waste and Resource s. 27).
Recovery Infrastructure Plan; and
(b) the Regional Waste and Resource Recovery
Implementation Plans; and
(c) any guidelines made under section 427 in
relation to the State-Wide Waste and
Resource Recovery Infrastructure Plan; and
(d) any guidelines made under section 427 in
relation to the Regional Waste and Resource
Recovery Implementation Plans; and
(e) the process under section 419 facilitating the
integration of the State Wide Waste and
Resource Recovery Infrastructure Plan and
Implementation Plans.

387
No. 51 of 2017
Framework
S. 406 406 Objectives of the Victorian Waste and Resource

inserted by Recovery Infrastructure Planning Framework
No. 39/2018
s. 18 (as
amended by
The objectives of the Victorian Waste and
Nos 27/2019 Resource Recovery Infrastructure Planning
ss 32−40,
3/2020 ss 45,
Framework are—
46, 47/2020
s. 27).
(a) to ensure long-term strategic planning for
waste and resource recovery infrastructure at
State and regional levels; and
(b) to facilitate the integration of State wide
priorities for the management of waste and
resource recovery infrastructure and regional
infrastructure needs; and
(c) to enable waste and resource recovery
infrastructure planning to be—
(i) effectively integrated with land use and
development planning and policy; and
(ii) effectively integrated with transport
planning and policy; and
S. 406(d)
amended by
(d) to ensure Sustainability Victoria and the
No. 55/2021 Head, Recycling Victoria work together to
s. 198. integrate the State-Wide Waste and Resource
Recovery Infrastructure Plan and Regional
Waste and Resource Recovery
Implementation Plans; and
(e) to enable waste and resource recovery
infrastructure planning decisions to be made
at the appropriate level of the framework.

388
No. 51 of 2017
Framework
Division 2—State-Wide Waste and Resource

Recovery Infrastructure Plan
407 Preparation of State-Wide Waste and Resource S. 407
Recovery Infrastructure Plan inserted by
No. 39/2018
(1) Sustainability Victoria must prepare a draft State- s. 18 (as
amended by
Wide Waste and Resource Recovery Nos 27/2019
Infrastructure Plan in accordance with this ss 32−40,
3/2020 ss 45,
Division. 46, 47/2020
s. 27).
(2) The objective of a State-Wide Waste and
Resource Recovery Infrastructure Plan is to
provide strategic direction for the management of
waste and resource recovery infrastructure in
Victoria for a period of 30 years.
408 Content of State-Wide Waste and Resource S. 408
inserted by
Recovery Infrastructure Plan No. 39/2018
s. 18 (as
A State-Wide Waste and Resource Recovery amended by
Infrastructure Plan must include any matters Nos 27/2019
ss 32−40,
required by guidelines made under section 427. 3/2020 ss 45,
46, 47/2020
s. 27).
409 Consultation on State-Wide Waste and Resource S. 409

inserted by
Recovery Infrastructure Plan No. 39/2018
s. 18 (as
In preparing a draft State-Wide Waste and amended by
Resource Recovery Infrastructure Plan, Nos 27/2019
ss 32−40,
Sustainability Victoria must comply with the 3/2020 ss 45,
consultation process required by guidelines made 46, 47/2020
s. 27).
under section 427.
410 Minister’s approval of State-Wide Waste and S. 410
inserted by
Resource Recovery Infrastructure Plan No. 39/2018
s. 18 (as
(1) On receiving a draft State-Wide Waste and amended by
Resource Recovery Infrastructure Plan, the Nos 27/2019
ss 32−40,
Minister must— 3/2020 ss 45,
46, 47/2020
(a) approve the draft Plan; or s. 27).
(b) approve the draft Plan with amendments; or

389
No. 51 of 2017
Framework
(c) return the draft Plan to Sustainability

Victoria for amendment.
(2) If the Minister returns a draft State-Wide Waste
and Resource Recovery Infrastructure Plan to
Sustainability Victoria under subsection (1)(c), the
Minister must—
(a) give directions as to the amendments
required to be made to the draft Plan; and
(b) direct Sustainability Victoria to submit the
draft Plan for approval under subsection (1)
within a specified period.
S. 411 411 Gazettal of State-Wide Waste and Resource
inserted by
No. 39/2018 Recovery Infrastructure Plan
s. 18 (as
amended by (1) If the Minister approves a State-Wide Waste and
Nos 27/2019
ss 32−40,
Resource Recovery Infrastructure Plan, the
3/2020 ss 45, Minister must cause a notice of the approval to be
46, 47/2020
s. 27).
published—
(a) in the next general edition of the
Government Gazette; or
(b) in a special edition of the Government
Gazette within 10 business days after the day
of the approval of the Plan.
(2) A State-Wide Waste and Resource Recovery
Infrastructure Plan takes effect on—
(a) the day on which the notice of approval is
published in the Government Gazette; or
(b) a later day specified in the notice.
(3) A State-Wide Waste and Resource Recovery
Infrastructure Plan remains in force until it is
replaced by another State-Wide Waste and
Resource Recovery Infrastructure Plan.

390
No. 51 of 2017
Framework
412 Publication of State-Wide Waste and Resource S. 412

Recovery Infrastructure Plan inserted by
No. 39/2018
(1) Sustainability Victoria must publish a State Wide s. 18 (as
amended by
Waste and Resource Recovery Infrastructure Plan Nos 27/2019
on its Internet site within 5 business days of a ss 32−40,
3/2020 ss 45,
notice of approval being published in the 46, 47/2020
Government Gazette. s. 27).
(2) Sustainability Victoria must publish a revised

copy of a State-Wide Waste and Resource
Recovery Infrastructure Plan on its Internet site
within 5 business days of a notice of approval of
an amendment or variation to the Plan being
published in the Government Gazette.
413 Amendment and variation of State-Wide Waste and S. 413
inserted by
Resource Recovery Infrastructure Plan No. 39/2018
s. 18 (as
(1) Sustainability Victoria may at any time prepare amended by
draft amendments to a State-Wide Waste and Nos 27/2019
ss 32−40,
Resource Recovery Infrastructure Plan. 3/2020 ss 45,
46, 47/2020
(2) The Minister may at any time direct Sustainability s. 27).
Victoria to prepare draft amendments to a State-
Wide Waste and Resource Recovery
Infrastructure Plan within a specified period of
time.
(3) The Minister may at any time make a variation to
a State-Wide Waste and Resource Recovery
Infrastructure Plan that is declaratory, machinery
or administrative in nature.
(4) Sections 409, 410 and 411 apply to a draft
amendment to a State-Wide Waste and Resource
Recovery Infrastructure Plan under subsections
(1) and (2) as if the draft amendment were a draft
State-Wide Waste and Resource Recovery
Infrastructure Plan.
(5) Sections 410 and 411 apply to a variation of a
Infrastructure Plan under subsection (3) as if the
391
No. 51 of 2017
Framework
variation were a draft State-Wide Waste and

Resource Recovery Infrastructure Plan.
S. 414 414 Review of State-Wide Waste and Resource Recovery
inserted by
No. 39/2018 Infrastructure Plan
s. 18 (as
amended by (1) Every 5 years, from the day a State-Wide Waste
Nos 27/2019
ss 32−40,
and Resource Recovery Infrastructure Plan takes
3/2020 ss 45, effect, Sustainability Victoria must conduct a
46, 47/2020
s. 27).
review of the existing Plan and prepare a draft
revised Plan.
(2) At any time the Minister may require
Sustainability Victoria to prepare a draft revised
Infrastructure Plan within 12 months after the day
of the request.
(3) Sections 409, 410 and 411 apply to a draft revised
Infrastructure Plan under subsections (1) and (2)
as if the draft revised Plan were a draft State-Wide
Waste and Resource Recovery Infrastructure Plan.
Division 3—Regional Waste and Resource Recovery

Implementation Plans
S. 415 415 Preparation of draft Regional Waste and Resource
inserted by Recovery Implementation Plans
No. 39/2018
s. 18 (as
amended by
(1) A Waste and Resource Recovery Group must
Nos 27/2019 prepare a draft Regional Waste and Resource
ss 32−40,
3/2020 ss 45,
Recovery Implementation Plan for its waste and
46, 47/2020 resource recovery region.
s. 27).
(2) A Waste and Resource Recovery Group must
submit a draft Regional Waste and Resource
Recovery Implementation Plan to Sustainability
Victoria and to the Authority within 12 months
after the day on which the existing State-Wide
Waste and Resource Recovery Infrastructure Plan
takes effect.

392
No. 51 of 2017
Framework
(3) The Authority must make any comments within

60 days after receiving a draft Regional Waste and
Resource Recovery Implementation Plan.
416 Objective of Regional Waste and Resource Recovery S. 416
inserted by
Implementation Plans No. 39/2018
s. 18 (as
The objective of a Regional Waste and Resource amended by
Recovery Implementation Plan is to specify the Nos 27/2019
ss 32−40,
manner in which the waste and resource recovery 3/2020 ss 45,
infrastructure needs of a declared region will be 46, 47/2020
s. 27),
met over a specified period of at least 10 years. amended by
No. 55/2021
s. 200.
417 Content of Regional Waste and Resource Recovery S. 417

inserted by
s. 18 (as
A Regional Waste and Resource Recovery amended by
Implementation Plan must include the Nos 27/2019
ss 32−40,
following— 3/2020 ss 45,
46, 47/2020
s. 27).
(a) a schedule of existing landfill infrastructure S. 417(a)

amended by
of the declared region; No. 55/2021
s. 201.
(b) a schedule of required landfill infrastructure S. 417(b)

amended by
of the declared region over a specified period No. 55/2021
of at least 10 years, including the proposed s. 201.
sequence for filling available landfill sites of

the declared region;
(c) a schedule of resource recovery S. 417(c)
amended by
infrastructure of the declared region required No. 55/2021
for the purposes of managing waste in a s. 201.
manner that minimises the risks of harm to

human health or the environment over a
specified period of at least 10 years;
(d) any other matters required by guidelines
made under section 427.

393
No. 51 of 2017
Framework
S. 418 418 Consultation on Regional Waste and Resource

inserted by Recovery Implementation Plans
No. 39/2018
s. 18 (as
amended by
Before submitting a draft Regional Waste and
Nos 27/2019 Resource Recovery Implementation Plan to
ss 32−40,
3/2020 ss 45,
Sustainability Victoria and to the Authority under
46, 47/2020 section 415, the Head, Recycling Victoria must
s. 27),
amended by
comply with the consultation process required by
No. 55/2021 guidelines made under section 427.
s. 202.
S. 419 419 Integration in preparation of Regional Waste and

inserted by
No. 39/2018 Resource Recovery Implementation Plans
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
S. 419(1)
amended by
(1) After submitting a draft Regional Waste and
No. 55/2021 Resource Recovery Implementation Plan to
s. 203(1). Sustainability Victoria and the Authority under
section 415, the Head, Recycling Victoria and
Sustainability Victoria must jointly review the
draft Plan for the purposes of—
(a) integrating the objectives and priority
infrastructure requirements of the Regional
Implementation Plan and the State-Wide
Waste and Resource Recovery Infrastructure
Plan; and
(b) ensuring there are no inconsistencies
between the Plans.
S. 419(2)
amended by
(2) In jointly reviewing a draft Regional Waste and
No. 55/2021 Resource Recovery Implementation Plan,
s. 203(2). Sustainability Victoria and the Head, Recycling
Victoria must—

394
No. 51 of 2017
Framework
(a) take into account any comments made by the

Authority under section 415(3); and
(b) comply with any guidelines made under
section 427 that apply to review and
amendment of a draft Plan under this section.
(3) After reviewing a draft Regional Waste and S. 419(3)
amended by
Resource Recovery Implementation Plan in No. 55/2021
accordance with this section Sustainability s. 203(2).
Victoria and the Head, Recycling Victoria—

(a) may amend the draft Plan; and
(b) must amend the schedule of existing and S. 419(3)(b)
amended by
required landfill infrastructure of the No. 55/2021
declared region in the draft Plan if the s. 203(3).
Authority objects to the inclusion of a

proposed landfill site on the grounds that it is
unlikely to meet any requirement under this
Act.
(4) The Head, Recycling Victoria must submit a draft S. 419(4)
amended by
Regional Waste and Resource Recovery No. 55/2021
Implementation Plan to the Minister for approval s. 203(4).
no later than 6 months after submitting the draft

Plan to Sustainability Victoria and the Authority
under section 415.
420 Minister’s approval of Regional Waste and S. 420
inserted by
Resource Recovery Implementation Plans No. 39/2018
s. 18 (as
(1) On receiving a draft Regional Waste and Resource amended by
Recovery Implementation Plan submitted for Nos 27/2019
ss 32−40,
approval the Minister must— 3/2020 ss 45,
46, 47/2020
(a) approve the draft Plan; or s. 27).
(b) approve the Plan with amendments; or

(c) return the draft Plan to the Head, Recycling S. 420(1)(c)
amended by
Victoria for amendment. No. 55/2021
s. 204(1).

395
No. 51 of 2017
Framework
S. 420(2) (2) If the Minister returns a draft Regional Waste and

amended by Resource Recovery Implementation Plan to the
No. 55/2021
s. 204(2)(a). Head, Recycling Victoria under subsection (1)(c),
the Minister must—
(a) give directions as to the amendments
required to be made to the draft Plan; and
S. 420(2)(b)
amended by
(b) direct the Head, Recycling Victoria to submit
No. 55/2021 the draft Plan for approval within a specified
s. 204(2)(b). period determined by the Minister.
S. 421 421 Gazettal of Regional Waste and Resource Recovery
inserted by
No. 39/2018 Implementation Plans
s. 18 (as
amended by (1) If the Minister approves a Regional Waste and
Nos 27/2019
ss 32−40,
Resource Recovery Implementation Plan, the
3/2020 ss 45, Minister must cause a notice of the approval to be
46, 47/2020
s. 27).
published—
(a) in the next general edition of the
Government Gazette; or
(b) in a special edition of the Government
Gazette within 10 business days after the
approval of the Plan.
(2) A Regional Waste and Resource Recovery
Implementation Plan takes effect on—
(a) the day on which the notice of the approval
is published in the Government Gazette; or
(b) a later day specified in the notice.
(3) A Regional Waste and Resource Recovery
Implementation Plan remains in force until it is
replaced by another Regional Waste and Resource
Recovery Implementation Plan.

396
No. 51 of 2017
Framework
422 Publication of Regional Waste and Resource S. 422

Recovery Implementation Plans inserted by
No. 39/2018
Within 5 business days of a notice of approval of s. 18 (as
amended by
a Regional Waste and Resource Recovery Nos 27/2019
Implementation Plan or a revised copy of a ss 32−40,
3/2020 ss 45,
Regional Waste and Resource Recovery 46, 47/2020
Implementation Plan being published in the s. 27).
Government Gazette—
(a) the Head, Recycling Victoria must publish S. 422(a)
substituted by
the Plan or the revised copy of the Plan No. 55/2021
(as the case requires) on a website s. 205.
maintained by the Department of

Environment, Land, Water and Planning; and
(b) Sustainability Victoria must publish the Plan
or the revised copy of the Plan (as the case
requires) on its Internet site.
423 Amendment of Regional Waste and Resource S. 423
inserted by
Recovery Implementation Plans No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
(1) The Head, Recycling Victoria may at any time S. 423(1)

substituted by
prepare draft amendments to a Regional Waste No. 55/2021
and Resource Recovery Implementation Plan. s. 206(1).
(2) The Minister may at any time direct the Head, S. 423(2)
amended by
Recycling Victoria to prepare draft amendments No. 55/2021
to a Regional Waste and Resource Recovery s. 206(2).
Implementation Plan within a specified period of

time.
(3) The Minister may at any time make a variation to
a Regional Waste and Resource Recovery
Implementation Plan that is declaratory,
machinery or administrative in nature.

397
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Framework
(4) Sections 418, 419, 420 and 421 apply to a draft

amendment to a Regional Waste and Resource
Recovery Implementation Plan under subsections
(1) and (2) as if the amendment were a draft
Implementation Plan.
(5) Sections 420 and 421 apply to a variation of a
Implementation Plan under subsection (3) as if the
variation were a draft Regional Waste and
S. 424 424 Consistency with Regional Waste and Resource
inserted by
No. 39/2018 Recovery Implementation Plans
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
S. 424(1)
amended by
(1) A council must perform its waste management
No. 55/2021 functions consistently with any Regional Waste
s. 207(1). and Resource Recovery Implementation Plan
applying to the council's municipal district.
S. 424(2)
amended by
(2) If a council disposes of waste in a declared region
No. 55/2021 other than the declared region in which the
s. 207. council's municipal district is located, the disposal
of the waste must be consistent with any Regional
Waste and Resource Recovery Implementation
Plan applying to the other declared region.
S. 424(3)
amended by
(3) Any person involved in the generation,
No. 55/2021 management or transport of waste within a
s. 207. declared region must not do anything in relation to
the waste that is inconsistent with any relevant
Implementation Plan while the waste is in that
region.

398
No. 51 of 2017
Framework
425 Review of Regional Waste and Resource Recovery S. 425

Implementation Plans inserted by
No. 39/2018
(1) Within 12 months after the day on which the s. 18 (as
amended by
State-Wide Waste and Resource Recovery Nos 27/2019
Infrastructure Plan is reviewed under section 414, ss 32−40,
3/2020 ss 45,
a Regional Waste and Resource Recovery Group 46, 47/2020
must conduct a review of the existing Regional s. 27).
Waste and Resource Recovery Implementation

Plan and prepare a draft revised Plan.
(2) Sections 418, 419, 420 and 421 apply to a draft
revised Regional Waste and Resource Recovery
Implementation Plan under subsection (1) as if the
draft revised Plan were a draft Regional Waste
and Resource Recovery Implementation Plan.
Division 4—General
426 Authority may refuse applications for certain S. 426
facilities if Plans not observed inserted by
No. 39/2018
(1) This section applies to the following— s. 18 (as
amended by
(a) any application for a permission in relation Nos 27/2019
ss 32−40,
to a waste management facility; 3/2020 ss 45,
46, 47/2020
(b) any application to amend a permission in s. 27).
relation to a waste management facility.
(2) The Authority may refuse to consider an
application or refuse an application if—
(a) the operations of the waste management
facility could be inconsistent with the State-
Wide Waste and Resource Recovery
Infrastructure Plan or a relevant Regional
Implementation Plan; or
(b) the applicant is in breach of any relevant
requirements of a schedule of existing and
required waste and resource recovery

399
No. 51 of 2017
Framework
infrastructure in a Regional Waste and

(3) Subject to subsection (4), the Authority must
refuse to consider an application in relation to a
new landfill site if the landfill site is not included
in the proposed sequence for filling available
landfill sites in a relevant schedule of existing and
required waste and resource recovery
infrastructure within a Regional Waste and
(4) The Authority must not refuse to consider an
application under subsection (3) if—
(a) the landfill site is privately owned; and
(b) the Authority is satisfied the landfill site will
only receive waste that consists of
substances that were owned by the owner of
the site before the substances became waste.
(5) The Authority must, in writing, give reasons to
any person whose application is not considered or
is refused under this section.
S. 427 427 Minister may make guidelines
inserted by
No. 39/2018
s. 18 (as
The Minister may make guidelines in relation to
amended by any of the following—
Nos 27/2019
ss 32−40, (a) requirements for the preparation of, and
consultation on, a draft State-Wide Waste
3/2020 ss 45,
46, 47/2020
s. 27). and Resource Recovery Infrastructure Plan
and draft Regional Waste and Resource
Recovery Implementation Plans;
(b) integration of draft Regional Waste and
Resource Recovery Implementation Plans
with the State-Wide Waste and Resource
Recovery Infrastructure Plan.

400
No. 51 of 2017
Chapter 14—General Ch. 14

(Headings
and ss 428–
463)
inserted by
No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
Pt 14.1
s. 428)
inserted by
No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).

inserted by
s. 18 (as
Chapter. amended by
Nos 27/2019
(2) Certain persons may apply— ss 32−40,
3/2020 ss 45,
(a) to the Authority for the review of a decision 46, 47/2020
s. 27).
of an authorised officer; or
(b) to VCAT for decisions specified in
Division 2 of Part 14.2.
(3) The Authority may delegate its powers and
functions under Part 14.3.
(4) Part 14.4 sets out the fees and penalties under this
Act that must be paid into the Consolidated Fund
and provides for the establishment of the
following accounts—
(a) in the Trust Fund, the Environment
Protection Fund;

401
No. 51 of 2017
(b) in the Environment Protection Fund—

(i) the General Waste Levy Account; and
(ii) the Restorative Project Account;
(c) the Municipal and Industrial Waste Levy
Trust Account of the Department of
Environment, Land, Water and Planning;
(d) the Sustainability Fund Trust Account of the
Department of Environment, Land, Water
and Planning.
(5) Part 14.5 regulates the collection, use, disclosure
and publication of information under this Act.
(6) Part 14.5 requires the Authority to establish and
maintain a Public Register in which is recorded
the details of decisions, authorisations or
documents made, issued, granted or prepared
under this Act including, but not limited to,
enforceable undertakings, permissions,
exemptions, site management orders and better
environment plans.
(7) Part 14.6 provides for the Authority to designate
specified responsibilities to any Victorian
Government agency in areas that pose risk of
harm to human health or the environment.
(8) Part 14.7 provides for when the Authority may
grant exemptions to this Act.
(9) Part 14.8 prohibits impersonation of certain
persons, false representation, interference with
monitoring equipment and providing false
information.

402
No. 51 of 2017
Part 14.2—Review of decisions
Part 14.2—Review of decisions Pt 14.2

(Heading and
ss 429–436)
Division 1—Review by the Authority inserted by
No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
429 Review by the Authority S. 429

inserted by
(1) A person may apply to the Authority for review of No. 39/2018
s. 18 (as
a decision by an authorised officer to issue a amended by
notice to the person or to amend a notice issued by Nos 27/2019
ss 32−40,
an authorised officer to the person. 3/2020 ss 45,
46, 47/2020
(2) A person may apply for review under subsection s. 27).
(1) within—
(a) 10 business days after the day on which
notice of the decision is served on the
person; or
(b) any longer period allowed by the Authority.
(3) The application must be in the form and manner
approved by the Authority.
(4) If an application is made to the Authority in
accordance with this section, the Authority may
make a decision—
(a) to affirm or vary the decision; or
(b) to set aside the decision and substitute
another decision that the Authority considers
appropriate.
(5) The Authority must ensure that a review under
this section of a decision is not conducted by a
person who was involved in the making of the
decision under review.

403
No. 51 of 2017
(6) The Authority must, within 10 business days after

the application is made under subsection (1), give
a written notice to the applicant for review setting
out the Authority's decision under subsection (4)
and the reasons for the decision.
(7) If the Authority does not notify an applicant of a
decision in accordance with subsection (6), the
Authority is taken to have made a decision to
affirm the reviewable decision.
(8) An application under this section does not affect
the operation of the reviewable decision or
prevent the taking of any action to implement it
unless the Authority, on its own initiative or on
the application of the applicant for review, stays
the operation of the decision pending the
determination of the review.
(9) The Authority must make a decision on an
application for a stay under subsection (8) by—
(a) if the Authority receives the application
during business hours on a business day, the
same time as the time the application is
received on the second business day after the
application is received; or
(b) if the Authority receives the application on a
day that is not a business day or after 5 p.m.
on a business day, 5 p.m. on the second
business day after the application is received.
(10) If the Authority does not make a decision in
accordance with subsection (9), the Authority is
taken to have made a decision to grant the stay.
(11) The Authority may attach any conditions to a stay
of the operation of a reviewable decision that it

404
No. 51 of 2017

notice means one of the following notices—
(a) an improvement notice;
(b) a prohibition notice;
(c) a notice to investigate;
(d) an environmental action notice.
Division 2—Review by VCAT

430 Decisions reviewable by VCAT S. 430
inserted by
(1) The table to subsection (4) sets out— No. 39/2018
s. 18 (as
(a) decisions made under this Act that are amended by
reviewable by VCAT in accordance with this Nos 27/2019
ss 32−40,
Division (reviewable decisions); and 3/2020 ss 45,
46, 47/2020
(b) persons who are eligible to apply for review s. 27).
of that reviewable decision (the eligible
person in relation to the reviewable
decision).
(2) A person who is liable to pay a fee under this
Act—
(a) may apply to VCAT for review of the fee on
the ground that the fee has been incorrectly
calculated; and
(b) for the purposes of this Part is an eligible
person in relation to that reviewable
decision.
(3) To avoid doubt, sections 4 and 5 of the Victorian
Civil and Administrative Tribunal Act 1998
apply for the purposes of this Part.
Note
Section 4 of the Victorian Civil and Administrative
Tribunal Act 1998 sets out when a person makes a
decision. Section 5 of that Act sets out when a person's
interests are affected by a decision.

405
No. 51 of 2017
(4) An eligible person in relation to a reviewable

decision is taken to be a person whose interests
are affected by that decision for the purposes of
the Victorian Civil and Administrative
Tribunal Act 1998.
Table
Provision under which Eligible person in relation

Item reviewable decision is made to reviewable decision
1. 56(4) Applicant for transfer
2. 57(4) Holder of permission
3. 58(1)(c) Holder of permission
5. 60(1), (7) Holder of permission
7. 69(1) Applicant for development
licence
8. 74(1) Applicant for operating
licence
9. 76(3) Holder of operating
licence
10. 78(1) Applicant for pilot project
licence
11. 80(4) Applicant for exemption
12. 81(1)(a) or (b) Applicant for permit
15. 84(4) Applicant for renewal
16. 90(3) Applicant for authorisation
17. 90(4)(b) Applicant for authorisation
18. 121(1), (8) Person to whom waste
abatement notice issued
18A. 121(6) Person to whom notice
under section 121(6)
issued

406
No. 51 of 2017

19. 151(2)(b) Liable person to whom
notice of assessment
issued
20. 172(1) Person to whom residential
noise improvement notice
issued
21. 184(2) Participant in better
environment plan
22. 184(4) Participant in better
environment plan
23. 200(1), (2) Environmental auditor
whose appointment is
suspended or revoked
24. 206(2)(b) A person whose interests
are directly affected by the
endorsement or
determination of scope of
environmental audit
25. 208(5)(b) A person whose interests
are directly affected by the
endorsement or
determination of scope of
environmental audit
26. 219(1) Person required to provide
financial assurance
financial assurance
financial assurance
financial assurance
financial assurance
financial assurance
32. 265(1)(c) Owner of forfeited thing

407
No. 51 of 2017

33. 271(1) Person to whom
improvement notice issued
prohibition notice issued
35. 273(1) Person to whom notice to
investigate issued
environmental action
notice issued
37. 275(1) Person on whom site
management order is
binding
38. 277(1) Applicant for variation or
revocation
39. 279(b) Person to whom notice
issued
40. 283(1) Body corporate to which
direction is given
41. 284(1) Person to whom direction
is given
42. 285(1) Body corporate to which
direction is given
43. 429(8), (11) Applicant for stay of
operation of reviewable
decision
44. 458(1)(b), (c) Agency designated to be
responsible
S. 431 431 Applications for review by VCAT
inserted by
No. 39/2018
s. 18 (as
(1) An eligible person may apply to VCAT for review
amended by of a reviewable decision within 15 business days
Nos 27/2019
ss 32−40,
after—
(a) the day on which the decision first came to
3/2020 ss 45,
46, 47/2020
s. 27). the eligible person's notice; or

408
No. 51 of 2017
(b) if the decision is reviewed by the Authority

under section 429, the day on which the
Authority makes a decision under section
429(4).
(2) If an eligible person may apply under section 429
to the Authority for review of a reviewable
decision—
(a) the eligible person may not apply to VCAT
under subsection (1) for a review of that
decision unless the decision is first reviewed
under section 429; and
(b) the decision on review under section 429(4)
is taken to be the reviewable decision.
(3) An eligible person may not apply to VCAT under
subsection (1) for the review of the decision to
issue a development licence—
(a) if the application for the licence specifies an
activity that is works to which the
Environment Effects Act 1978 applies—
(i) the notice of the application for the
licence under section 52 is combined
with any notice under the
Environment Effects Act 1978 in
accordance with section 70; and
(ii) the licence is substantially in
accordance with the assessment, by the
Minister administering that Act, of the
Environment Effects Statement
prepared under that Act for those
works; or
(b) if the application for the licence specifies an
activity that requires a planning permit or the
preparation of an amendment to a planning
scheme under the Planning and
Environment Act 1987—

409
No. 51 of 2017

with any notice under the Planning
and Environment Act 1987 in
(ii) a panel has been appointed under that
Act to hear the application or
amendment; and
(iii) the licence is substantially in
accordance with the application or
amendment as heard by the panel.
S. 432 432 Specific grounds of review
inserted by
No. 39/2018
s. 18 (as
An eligible person in relation to the following
amended by reviewable decisions may apply to VCAT for
Nos 27/2019
ss 32−40,
review on the following grounds only—
(a) in the case of a decision that a person is
3/2020 ss 45,
46, 47/2020
s. 27). liable to pay a fee or levy under this Act, that
the fee has been incorrectly calculated;
(b) in the case of a decision to issue a waste
abatement notice under section 121, that the
notice is oppressive, unjust or unreasonable;
(c) in the case of the decision to issue a
residential noise improvement notice under
section 172, that the notice is oppressive,
unjust or unreasonable;
(d) in the case of the decision to issue a notice of
assessment under section 151, that the
amount owed by the liable person or owing
to the liable person has been incorrectly
calculated.

410
No. 51 of 2017
433 Joinder of parties S. 433

inserted by
Without limiting section 60 of the Victorian Civil No. 39/2018
and Administrative Tribunal Act 1998, VCAT s. 18 (as
amended by
may order that a person be joined as a party to a Nos 27/2019
review of a failure by the Authority to determine ss 32−40,
3/2020 ss 45,
under section 69 whether to issue a development 46, 47/2020
licence if VCAT is satisfied that— s. 27).
(a) the person's interests are affected by the

decision whether to issue that licence; and
(b) there is evidence to establish one or more of
the grounds for review set out in section
434(3).
434 Application for review by third parties S. 434
inserted by
(1) A person who is not an eligible person in relation No. 39/2018
s. 18 (as
to a reviewable decision specified in subsection amended by
(2) may, if the person's interests are affected by Nos 27/2019
ss 32−40,
the decision, apply to VCAT for review of the 3/2020 ss 45,
decision within 15 business days after the day on 46, 47/2020
s. 27).
which the decision was made.
(2) The following reviewable decisions are specified
for the purposes of subsection (1)—
(a) the issue of a development licence;
(b) the removal of the suspension of an
operating licence.
(3) An application under subsection (1) for the review
of a decision may only be made on one or more of
the following grounds—
(a) the decision unreasonably and adversely
affects the financial, physical or personal
interests of the applicant;
(b) the licence to which the decision relates
authorises a licence activity that, if
conducted in accordance with the licence,

411
No. 51 of 2017
would lead to a contravention of the general

environmental duty;
(c) the licence authorises a licence activity that,
if conducted in accordance with the licence,
would pose an unacceptable risk of harm to
human health or the environment;
(d) any condition of the licence that specifies
how a person is to comply with the general
environmental duty when engaging in a
licence activity is not sufficient to minimise
the risks of harm to human health or the
environment from pollution or waste to
which the condition relates, so far as
reasonably practicable.
(4) Without limiting section 5 of the Victorian Civil
and Administrative Tribunal Act 1998, VCAT
may take into account the following matters when
determining whether a person's interests are
affected by a decision—
(a) the principles of environment protection
specified in Chapter 2 and the purposes of
this Act;
(b) the objective of the Authority specified in
section 357;
(c) the nature of the licence activity specified in
the licence that is the subject of the decision;
(d) the impact of the licence activity on human
health and the environment;
(e) whether the person has a genuine connection
with the subject of the decision, including
but not limited to whether the person made
comments or submissions to the Authority in
relation to the application for, or the review
of, the licence that is the subject of the
decision.

412
No. 51 of 2017
(5) A person may not apply to VCAT under

subsection (1) for the review of the decision to
issue a development licence—
(a) if the application for the licence specifies an
activity that is works to which the
Environment Effects Act 1978 applies—
with any notice under the
Environment Effects Act 1978 in
(ii) the licence is substantially in
accordance with the assessment, by the
Minister administering that Act, of the
Environment Effects Statement
prepared under that Act for those
works; or
(b) if the application for the licence specifies an
activity that requires a planning permit or the
preparation of an amendment to a planning
scheme under the Planning and
Environment Act 1987—
with any notice under the Planning
and Environment Act 1987 in
(ii) a panel has been appointed under that
Act to hear the application or
amendment; and
(iii) the licence is substantially in
accordance with the application or
amendment as heard by the panel.

413
No. 51 of 2017
S. 435 435 Matters VCAT must take into account

inserted by
No. 39/2018 In determining an application for review under
s. 18 (as
amended by
this Division, VCAT must take into account—
Nos 27/2019
ss 32−40,
(a) any relevant planning scheme approved
3/2020 ss 45, under the Planning and Environment
46, 47/2020
s. 27).
Act 1987; and
(b) if VCAT considers it appropriate, any
planning scheme that, at the time VCAT
considers the application, is not approved
under the Planning and Environment
Act 1987; and
(c) any relevant environment reference standard
or order under section 156(1); and
(d) if VCAT considers it appropriate, any
agreement entered into under section 173 of
the Planning and Environment Act 1987.
S. 436 436 Application for declaration
inserted by
No. 39/2018
s. 18 (as
(1) A person may apply to VCAT for a declaration
amended by concerning any matter in relation to which the
Nos 27/2019
ss 32−40,
person may apply to VCAT under this Act or
3/2020 ss 45, anything done by the Authority under this Act.
46, 47/2020
s. 27). (2) On an application under subsection (1) VCAT
may make any declaration it thinks appropriate in
the circumstances.
(3) VCAT's power to make a declaration under this
section is exercisable only by a presidential
member of the Tribunal.
(4) Without limiting subsection (1), a person
proposing to engage in an activity may apply to
VCAT for a declaration as to whether or not a
permission is required to engage in that activity.

414
No. 51 of 2017
Part 14.3—Delegations
Part 14.3—Delegations Pt 14.3

(Heading and
s. 437)
inserted by
No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
437 Delegation S. 437

inserted by
(1) The Governing Board may by instrument delegate No. 39/2018
s. 18 (as
all or any of the Authority's powers and functions amended by
under this Act to— Nos 27/2019
ss 32−40,
(a) a public sector body; or
3/2020 ss 45,
46, 47/2020 s.
27).
(b) a council; or
(c) an officer or employee, or class of officer or
employee, of the Authority; or
(d) an officer or employee, or class of officer or
employee, of any other public sector body or
a council.
(2) If the Governing Board delegates a power or
function to a public sector body or council under
subsection (1), the body or council may, either
generally or as otherwise provided by the
instrument of delegation, in writing, delegate the
delegated power or function—
(a) to an officer or employee of the body or
council; or
(b) to a class of officer or employee of the body
or council.
(3) If the Governing Board delegates a power or
function to the chief executive officer under
subsection (1), the chief executive officer may,
either generally or as otherwise provided by the

415
No. 51 of 2017
Part 14.3—Delegations
instrument of delegation, in writing, delegate the

delegated power or function to—
(a) an officer or employee of the Authority; or
(b) the holder of an office or position with the
Authority.
(4) The Governing Board may give directions in
respect of the exercise of a power or the carrying
out of a function delegated under subsection (1),
(2) or (3).
(5) Without limiting subsection (4), a direction given
under that subsection may—
(a) impose conditions or limitations on the
exercise of the power or the carrying out of
the function specified in the instrument of
delegation; and
(b) be of general or limited application.

416
No. 51 of 2017
Part 14.4—Financial matters
Part 14.4—Financial matters Pt 14.4

(Heading and
ss 438–451)
inserted by
No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
438 Fees and penalties to be paid into the Consolidated S. 438

inserted by
Fund No. 39/2018
s. 18 (as
(1) Subject to sections 439 and 440, the following amended by
fees and penalties must be paid into the Nos 27/2019
ss 32−40,
Consolidated Fund— 3/2020 ss 45,
46, 47/2020
(a) any fee paid under this Act; s. 27).
(b) any penalty for an offence against this Act or

the regulations;
(c) a civil penalty for a contravention of a civil
penalty provision under this Act.
(2) Any fee paid under this Act to a body that has
delegated powers or functions of the Authority
must be paid by the body to the Authority for
payment into the Consolidated Fund.
439 Exceptions to requirement to pay fees and penalties S. 439
inserted by
into the Consolidated Fund No. 39/2018
s. 18 (as
(1) The following fees are not required to be paid into amended by
the Consolidated Fund and may be retained by a Nos 27/2019
ss 32−40,
council— 3/2020 ss 45,
46, 47/2020
(a) any fee paid under this Act for a permit of a s. 27).
type prescribed to be a permit activity that is
administered by the council under Part 4.5;

417
No. 51 of 2017
(b) any fee paid under this Act for an exemption

from the application of section 46 in respect
of a prescribed permit activity administered
by the council under section 83.
(2) Any penalty for an offence or an infringement
offence under section 167(1), 172(6) or 175(4) or
Chapter 4 where a prosecution was undertaken, or
an infringement notice was issued by a person
authorised for that purpose by a council, is not
required to be paid into the Consolidated Fund
and must be paid to the council once the penalty
has been recovered.
S. 439(3)
inserted by
(3) Any civil penalty for a contravention of a civil
No. 36/2022 penalty provision under this Act (other than
s. 62(3). Part 6.3) or the regulations payable in respect of a
proceeding taken by a council as a delegate of the
Authority, is not required to be paid into the
Consolidated Fund and must be paid to the
council once the penalty has been recovered.
S. 439(4)
inserted by
(4) A fee specified in subsection (5) charged by an
No. 36/2022 approved motor vehicle tester is not required to be
s. 62(3). paid into the Consolidated Fund and may be
retained by that approved motor vehicle tester.
S. 439(5)
inserted by
No. 36/2022 fees are specified—
s. 62(3).
(a) a fee for inspecting, measuring or testing a
motor vehicle to determine compliance with
the regulations in relation to emissions from
motor vehicles;
(b) a fee for issuing a certificate of compliance
with the regulations in relation to emissions
from motor vehicles.

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No. 51 of 2017
440 Further exceptions to requirement to pay fees and S. 440

penalties into the Consolidated Fund in relation to inserted by
No. 39/2018
Part 6.3 s. 18 (as
amended by
(1) This section applies if— Nos 27/2019
ss 32−40,
(a) a prosecution has been undertaken for an 3/2020 ss 45,
offence under Part 6.3 by a person authorised 46, 47/2020
s. 27).
for that purpose, a litter authority or a litter
enforcement officer; or
(b) an infringement notice has been issued for an
infringement offence under Part 6.3 by a
litter enforcement officer.
(2) The following penalties must be paid by the
Authority into the Environment Protection Fund
once the penalty has been recovered—
(a) the penalty for the offence;
(b) the penalty for the infringement offence.
(3) The penalties specified in subsection (2) must be
paid by any litter authority (other than the
Authority) once the penalty has been recovered—
(a) into the litter authority's fund; or
(b) if the litter authority does not have a fund but
administers or uses money paid to or
collected by the litter authority, to the litter
authority.
441 Environment Protection Fund S. 441
inserted by
There must be established in the Public Account No. 39/2018
s. 18 (as
as part of the Trust Fund an account to be known amended by
as the Environment Protection Fund. Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).

419
No. 51 of 2017
S. 442 442 Investment of money from Environment Protection

inserted by Fund
No. 39/2018
s. 18 (as
amended by
Any money standing to the credit of the
Nos 27/2019 Environment Protection Fund may be invested in
ss 32−40,
3/2020 ss 45,
any securities approved by the Treasurer.
46, 47/2020
s. 27).
S. 443 443 Treasurer may make grants or advances out of the

inserted by
No. 39/2018 Environment Protection Fund
s. 18 (as
amended by (1) The Treasurer may make a grant or an advance
Nos 27/2019
ss 32−40,
out of the Environment Protection Fund to a body
3/2020 ss 45, corporate under any Act if—
46, 47/2020
s. 27). (a) the grant or the advance is for or towards the
cost of carrying out any necessary works for
the treatment or disposal of waste in
accordance with this Act and the regulations;
and
(b) the existing facilities for the treatment or
disposal of waste are or are likely to become
inadequate to comply with this Act or the
regulations.
(2) An advance made by the Treasurer under
subsection (1) must be subject to conditions as
agreed to between the Treasurer and the body
corporate in relation to the repayment of the
advance and any interest on the advance.
S. 444 444 Payments into the Environment Protection Fund
inserted by
No. 39/2018
s. 18 (as
There must be paid into the Environment
amended by Protection Fund—
Nos 27/2019
ss 32−40, (a) all money provided by Parliament for the
purposes of the Fund; and
3/2020 ss 45,
46, 47/2020
s. 27).
(b) all money collected as an environment
protection levy under Part 4.8; and

420
No. 51 of 2017
(c) all money collected as a waste levy under

section 145(2); and
(d) any other money collected as a waste levy
under Part 6.6; and
(e) all money collected as a fee for conducting a
preliminary risk screen assessment or an
environmental audit under Part 8.3; and
(f) all money collected under an order made
(g) all interest earned from the investment of
money standing to the credit of the
Environment Protection Fund; and
(h) all money repaid to the Treasurer in relation
to an advance made by the Treasurer under
section 443 and all interest earned on the
advance.
445 Payments out of the Environment Protection Fund S. 445
inserted by
(1) Money paid out of the Environment Protection No. 39/2018
s. 18 (as
Fund must— amended by
Nos 27/2019
(a) in the case of money paid into the ss 32−40,
Environment Protection Fund under section
3/2020 ss 45,
46, 47/2020
444(b) or (c) or any penalty paid into the s. 27).
440(2)—be applied by the Authority for the
purposes of protecting human health or the
environment from pollution or waste; or
(b) in the case of money paid into the
444(d)—be applied by the Authority in
accordance with section 448; or
(c) in the case of money paid into the
444(e)—be applied by the Authority for the
purposes of Part 8.3.

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No. 51 of 2017
(2) In addition to subsection (1), money may be paid

out of the Environment Protection Fund if the
Authority is required—
(a) to pay an amount to a liable person under
Part 6.6; and
(b) to refund money paid into the Environment
Protection Fund under section 444(c) or (d)
as a result of a miscalculation or an error.
S. 446 446 General Waste Levy Account
inserted by
No. 39/2018
s. 18 (as
(1) Within the Environment Protection Fund, the
amended by Authority must establish and maintain an account
Nos 27/2019
ss 32−40,
to be known as the General Waste Levy Account.
(2) The Authority must credit to the General Waste
3/2020 ss 45,
46, 47/2020
s. 27). Levy Account all amounts paid into the
444(d).
(3) This section does not affect the operation of
section 445(2).
S. 447 447 Restorative Project Account
inserted by
No. 39/2018
s. 18 (as
(1) Within the Environment Protection Fund, the
amended by Authority must establish and maintain an account
Nos 27/2019
ss 32−40,
to be known as the Restorative Project Account.
3/2020 ss 45,
46, 47/2020
s. 27).
(2) The Authority must credit to the Restorative
Project Account any money paid into the
Environment Protection Fund under section 444(f)
that specifies that the money is to be paid into the
Restorative Project Account.
(3) Money standing to the credit of the Restorative
Project Account must be applied by the Authority
to enable a person or organisation to carry out—

422
No. 51 of 2017
(a) if the order under section 332 specifies the

project for the restoration or enhancement of
the environment for which the money is to
be applied, that project; or
(b) in any other case, any project for the
restoration or enhancement of the
environment.
448 Municipal and Industrial Waste Levy Trust S. 448
inserted by
Account No. 39/2018
s. 18 (as
(1) The Department of Environment, Land, Water and amended by
Planning must establish and maintain an account Nos 27/2019
ss 32−40,
to be known as the Municipal and Industrial 3/2020 ss 45,
Waste Levy Trust Account. 46, 47/2020
s. 27).
(2) The Authority must credit to the Municipal and
Industrial Waste Levy Trust Account any amount
standing to the credit of the General Waste Levy
Account at the end of each quarter by the 15th day
of the following quarter.
(3) There may be paid out of the Municipal and S. 448(3)
amended by
Industrial Waste Levy Trust Account an amount No. 36/2022
to one or more of the following— s. 72(1).
(a) the Authority;

(b) Sustainability Victoria;
* * * * * S. 448(3)(c)
repealed by
No. 55/2021
s. 209.
(ca) the Head, Recycling Victoria; S. 448(3)(ca)

inserted by
No. 36/2022
s. 72(2).
(d) a public entity or other body if—

(i) that body is established for a public
purpose; and

423
No. 51 of 2017
(ii) the amount is paid out for the purposes

of environmental assessment,
environmental protection,
environmental restoration or
environmental improvement.
(4) Any amount paid out under subsection (3) must be
paid out in accordance with a determination made
(5) The Minister must make a determination
specifying—
S. 448(5)(a)
amended by
(a) an amount to be paid to one or more of the
No. 36/2022 person or bodies referred to in subsection (3)
s. 72(3). or the methods by which the amount to be
paid is to be calculated; and
(b) the times at which the amount must be paid;
and
(c) the period for which the determination
applies.
(6) This section does not affect the operation of
section 445(2).
S. 449 449 Sustainability Fund Account
inserted by
No. 39/2018
s. 18 (as
(1) The Department of Environment, Land, Water and
amended by Planning must establish and maintain an account
Nos 27/2019
ss 32−40,
to be known as the Sustainability Fund Account.
(2) The Department of Environment, Land, Water and
3/2020 ss 45,
46, 47/2020
s. 27). Planning must credit to the Sustainability Fund
Account any amount standing to the credit of the
Municipal and Industrial Waste Levy Trust
Account at the end of each quarter.
(3) Subject to subsection (4), money paid out of the
Sustainability Fund Account must be applied, with
the consent of the Premier and the Minister, for
the following purposes—

424
No. 51 of 2017
(a) to foster environmentally sustainable uses of

resources and best practices in waste
management to advance the social and
economic development of Victoria;
(b) either—
(i) to foster community action or
innovation in relation to the reduction
of greenhouse gas substance emissions;
or
(ii) to adapt or adjust to climate change in
Victoria.
(4) The Premier and the Minister must not consent to
the application of money paid out of the
Sustainability Fund Account for the purposes
referred to in subsection (3) unless—
(a) a priority statement has been produced and
published in accordance with section 450
that sets out, in order of priority, the matters
in respect of which the Premier and Minister
intend to pay out money from the
Sustainability Fund Account in the relevant
period; and
(b) guidelines are in force that detail how the
Premier and the Minister will exercise their
powers under subsection (3) and those
guidelines have been published in
accordance with section 451(2).
450 Priority statement S. 450
inserted by
(1) The Minister must prepare a statement setting out, No. 39/2018
s. 18 (as
in order of priority, the matters in respect of which amended by
the Premier and the Minister intend money to be Nos 27/2019
ss 32−40,
paid out of the Sustainability Fund Account under 3/2020 ss 45,
section 449(3). 46, 47/2020
s. 27).

425
No. 51 of 2017
(2) A statement under subsection (1) must be

produced and published in accordance with the
following steps—
(a) the Minister must produce a draft statement;
(b) notice of the draft statement must be
advertised in a newspaper circulating
generally throughout Victoria;
(c) the advertisement must include—
(i) an outline of the draft statement; and
(ii) advice as to where a copy of the draft
statement can be obtained or examined;
and
(iii) a statement inviting any person with an
interest in the draft statement to make
comments to the Premier or the
Minister within 15 business days after
the date of publication of the
advertisement;
(d) a copy of the draft statement and a copy of
the statement required under paragraph
(c)(iii) must be published on the Internet site
of the Department of Environment, Land,
Water and Planning;
(e) the Premier and the Minister must consider
any comments that are made in response to
the invitation referred to in paragraph (c)(iii)
before approving and publishing the
statement;
(f) a copy of the approved statement must be
published in the Government Gazette.
(3) Subsection (2) does not apply if the statement—
(a) only revokes an existing statement; or

426
No. 51 of 2017
(b) only amends an existing statement and the

amendment is of a machinery or
administrative nature.
451 Sustainability Fund Account guidelines S. 451
inserted by
(1) The Minister must cause to be published any No. 39/2018
s. 18 (as
guidelines made for the purposes of section amended by
449(4)(b)— Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
(b) on the Internet site of the Department of
Environment, Land, Water and Planning.
(2) A guideline made for the purposes of section
449(4)(b) has no effect until it is published in the
Government Gazette.
(3) On or before the 6th sitting day after a guideline
has been published in the Government Gazette,
the Minister must ensure that a copy of the
guideline is laid before each House of the
Parliament.
(4) A failure to comply with subsection (3) does not
affect the operation or effect of the guideline but
the Scrutiny of Acts and Regulations Committee
of the Parliament may report the failure to each
House of the Parliament.
(5) A guideline may be disallowed in whole or in part
by either House of Parliament.
(6) Part 5 of the Subordinate Legislation Act 1994
applies to a guideline as if—
(a) a reference in that Part to a "statutory rule"
was a reference to the guideline; and
(b) a reference in section 23(1)(c) of that Part
to "section 15(1)" was a reference to
subsection (3).

427
No. 51 of 2017
Part 14.5—Information sharing
Pt 14.5
(Heading and
ss 452–457)
inserted by
No. 39/2018
Division 1—Collection, use, disclosure and
s. 18 (as publication of information
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
S. 452 452 Authority may collect, use, disclose or publish

inserted by
No. 39/2018 information
s. 18 (as
amended by (1) Subject to anything to the contrary in this or
Nos 27/2019
ss 32−40,
another Act, the Authority may collect, use,
3/2020 ss 45, disclose or publish any information if the
46, 47/2020
s. 27).
collection, use, disclosure or publication is
necessary for the Authority—
(a) to perform its functions under this or another
Act; or
(b) to exercise its powers under this Act or
another Act.
(2) Without limiting subsection (1), the Authority
may, subject to anything to the contrary in this or
another Act—
(a) use or disclose information if—
(i) the Authority has reason to suspect that
unlawful activity has been, is being or
may be engaged in; and
(ii) the use or disclosure is a necessary part
of the Authority's investigation or
reporting of the matter; or
(b) disclose information to any law enforcement
agency to enable the Authority to perform
any of its functions or powers in
collaboration with that agency; or

428
No. 51 of 2017
(c) obtain or receive from a law enforcement

agency any information necessary for the
exercise of any of the Authority's powers or
functions, including but not limited to the
exercise of a power or function in
collaboration with the agency; or
(d) collect or use information from, or disclose
information to, another government agency
if the collection, use or disclosure is—
(i) necessary for research or the compiling
or analysis of statistics; and
(ii) is in the public interest; or
(e) use or disclose information if the Authority
reasonably believes that the use or disclosure
is necessary to prevent or minimise a serious
risk of harm to human health or the
environment.
another government agency means—
(a) a public sector body; or
(b) a council; or
(c) a public sector body of another State, a
Territory or the Commonwealth.
453 Unauthorised disclosure of commercially sensitive S. 453
inserted by
information No. 39/2018
s. 18 (as
(1) A person must not disclose any commercially amended by
sensitive information obtained by the person Nos 27/2019
ss 32−40,
during the exercise of a power or performance of a 3/2020 ss 45,
function or duty under this Act except in 46, 47/2020
s. 27).
accordance with this Part.

429
No. 51 of 2017
(2) Subsection (1) does not apply to the following

disclosures of commercially sensitive
information—
(a) a disclosure made in the exercise of a power
or the performance of a function under, or in
connection with, this Act or another Act or
the regulations;
(b) a disclosure made with the consent of the
person to whom the information relates;
(c) a disclosure made to a court or tribunal in the
course of legal proceedings;
(d) a disclosure made pursuant to an order of a
court or tribunal;
(e) a disclosure of information that is in the
public domain at the time of the disclosure
other than as the result of a disclosure
prohibited under this or another Act;
(f) a disclosure made to an Australian legal
practitioner for the purposes of obtaining
legal advice or representation;
(g) a disclosure to the IBAC made as required or
authorised by or under this Act or the
Independent Broad-based Anti-corruption
Commission Act 2011;
(h) a disclosure made under section 452(2)(a) or
(e) to another government agency within the
meaning of section 452;
(i) a disclosure made under section 452(2)(b).
S. 454 454 Public warning statements
inserted by
No. 39/2018
s. 18 (as
The Authority may publish a public statement or
amended by issue a public warning, identifying and giving
Nos 27/2019
ss 32−40,
information about the following—
(a) environmental conditions in Victoria or any
3/2020 ss 45,
46, 47/2020
s. 27). area within Victoria;

430
No. 51 of 2017
(b) any risk of harm to human health or the

(c) any other matter that may result in a risk of
harm to human health or the environment.
Division 2—Public Register

455 Public Register S. 455
inserted by
(1) The Authority must establish and maintain the No. 39/2018
Public Register. s. 18 (as
amended by
(2) The Authority may establish and maintain the Nos 27/2019
ss 32−40,
Public Register in any form and manner that the 3/2020 ss 45,
Authority thinks appropriate. 46, 47/2020
s. 27).
456 Information to be kept on the Public Register S. 456

inserted by
(1) Subject to subsection (2), details of the following No. 39/2018
s. 18 (as
must be kept on the Public Register— amended by
Nos 27/2019
(a) any enforceable undertaking that is in force ss 32−40,
including, but not limited to, the date on
3/2020 ss 45,
46, 47/2020
which the enforceable undertaking was s. 27).
accepted;
(b) any licence issued by the Authority that is in
force, including, but not limited to—
(i) the holder of the licence; and
(ii) any conditions to which the licence is
subject; and
(iii) the period during which the licence is
in force; and
(iv) any extension of the period during
which a licence activity must be
completed; and
(v) any suspension, revocation or surrender
of the licence; and

431
No. 51 of 2017
(vi) any exemption granted under section

80;
(c) any permit or registration issued or granted
by the Authority that is in force, including,
but not limited to—
(i) the holder of the permit or registration;
and
(ii) any conditions to which the permit or
registration is subject; and
(iii) the period during which the permit or
registration is in force; and
(iv) any suspension, revocation or surrender
of the permit or registration; and
(v) in the case of a permit, any exemption
granted under section 82;
(d) any exemption granted under section 459,
other than an exemption granted under that
section to a class of persons;
(e) any site management order that is in force;
(f) the final determination of any proceedings
taken under this Act to which the Authority
is a party;
(g) any preliminary risk screen assessment
statement prepared under section 205;
(h) any environmental audit statement prepared
under section 210;
(i) any advisory panel established under
section 235 including, but not limited to—
(i) the panel's terms of reference; and
(ii) any report produced by the panel; and
(iii) any recommendation made by the
panel;

432
No. 51 of 2017
(j) any better environment plan that is in force,

including, but not limited to the following—
(i) any suspension of the operation of the
better environment plan under section
187;
(ii) any revocation under section 184 or
187 of the better environment plan;
(iii) any amendment under section 184 of
the better environment plan;
(iv) any removal under section 184 or 187
of a participant in the better
environment plan;
(v) any suspension under section 187 of the
participation of a participant in the
better environment plan;
(k) any compliance code approved under
Part 5.3;
(l) any position statement made under
section 105;
(m) any guidelines issued by the Authority under
this Act;
(n) any prescribed information.
(2) Information under subsection (1) that is prescribed
for the purposes of this subsection is not required
to be kept on the Public Register in relation to any
prescribed permit or registration or a permit or
registration included in any prescribed class of
permit or registration.
(3) The Public Register may contain any further
information that the Authority considers
appropriate.

433
No. 51 of 2017
S. 457 457 Public access to the Public Register

inserted by
No. 39/2018 (1) Subject to subsection (2), the Authority must
s. 18 (as
amended by
ensure that the Public Register is available for
Nos 27/2019 inspection by the public—
ss 32−40,
3/2020 ss 45, (a) during the prescribed time and in the
46, 47/2020
s. 27).
prescribed manner; and
(b) on payment of any prescribed fee.
(2) The Authority must ensure that commercially
sensitive information that is kept in the Public
Register is not available for public inspection
except with the consent of the person to whom the
information relates.

434
No. 51 of 2017
Part 14.6—Designated agencies
Part 14.6—Designated agencies Pt 14.6

(Heading and
s. 458)
inserted by
No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
458 Power of Authority to designate agency to have S. 458

inserted by
specified responsibilities etc. in areas that pose risk No. 39/2018
of harm to human health or the environment s. 18 (as
amended by
(1) If it appears to the Authority that circumstances Nos 27/2019
ss 32−40,
exist or are likely to exist in an area that present a 3/2020 ss 45,
risk of harm to human health or the environment 46, 47/2020
s. 27).
from pollution or waste, the Authority may—
(a) designate any Victorian Government agency
as having jurisdiction and control over the
area and to be responsible for it, either
wholly or to the extent limited by the
Authority; and
(b) specify the actions or measures to be taken
by a designated agency for the management
or control of the area or for eliminating or
reducing any risk of harm to human health or
the environment; and
(c) direct a designated agency to construct,
maintain, and operate such works, facilities
and equipment for eliminating or reducing
risks of harm to human health or the
environment as are specified by the
Authority.
(2) In this section, Victorian Government agency
means any of the following—
(a) a public sector body within the meaning of
the Public Administration Act 1994;

435
No. 51 of 2017
Part 14.6—Designated agencies
(b) a Council within the meaning of the Local

Government Act 1989.

436
No. 51 of 2017
Part 14.7—Exemptions
Part 14.7—Exemptions Pt 14.7

(Heading and
s. 459)
inserted by
No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
459 Exemptions S. 459

inserted by
(1) The Authority may exempt a person or class of No. 39/2018
s. 18 (as
persons from any provisions of the regulations or amended by
of a legislative instrument (within the meaning of Nos 27/2019
ss 32−40,
the Subordinate Legislation Act 1994) made 3/2020 ss 45,
under this Act in accordance with this section. 46, 47/2020
s. 27).
(2) The Authority may grant an exemption on its own
motion or on the application of a person seeking
the exemption.
(3) An application for an exemption must be made in
a form approved by the Authority (if any) and be
accompanied by the prescribed fee.
(4) The Authority must not grant an exemption unless
it is satisfied that—
(a) the exemption will not pose a serious risk of
harm to human health or the environment;
and
(b) it is not practicable for the person to comply
with the provision for which the exemption
is sought, or the exemption is necessary to
enable the efficient administration of the
relevant regulation or legislative instrument
(as the case may be).

437
No. 51 of 2017
(5) The Authority may refuse to grant an exemption if

it considers that it would be more appropriate for
an application for an exemption to be made under
another provision of the Act or regulations.
(6) The Authority must determine an application for
an exemption within 15 business days of receiving
the application and fee.
(7) An exemption may be subject to any conditions
that the Authority considers appropriate.
(8) An exemption has effect for the period specified
in the exemption and may be varied, revoked or
renewed as the Authority considers appropriate.
S. 459(8A)
inserted by
(8A) An exemption to a class of persons may apply,
No. 36/2022 adopt or incorporate, with or without
s. 64(3). modification, any matter contained in any
document, code, standard, rule, specification or
method formulated, issued, prescribed or
published by any person or body—
(9) If the Authority grants an exemption to a class of
persons, it must publish the following details of
the exemption in the Government Gazette as soon
as practicable after it is granted—
(a) the class of persons to whom the exemption
applies;
(b) the provision of the regulations or legislative
instrument in respect of which the exemption
is granted;
S. 459(9)(ba)
inserted by
(ba) details of any matter contained in any
No. 36/2022 document, code, standard, rule, specification
s. 64(4). or method that is applied, adopted or
incorporated by the exemption;

438
No. 51 of 2017
(c) any conditions to which the exemption is

subject.
(10) An exemption published in the Government
Gazette takes effect from the date it is published
in the Gazette, or on a later date specified in the
exemption.
(11) An exemption has no effect unless the conditions
to which it is subject are complied with.

439
No. 51 of 2017
Part 14.8—Impersonation, interference, and information offences
Pt 14.8
(Heading and
Part 14.8—Impersonation, interference, and
ss 460–463)
inserted by
information offences
No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
S. 460 460 Impersonation

inserted by
No. 39/2018
s. 18 (as
A person must not falsely hold themself out to be
amended by all or any of the following—
Nos 27/2019
ss 32−40, (a) an analyst;
3/2020 ss 45,
46, 47/2020
s. 27).
(b) an authorised officer;
(c) a council officer who is performing a
function or duty or exercising a power under
this Act ;
(d) an environmental auditor;
(e) a litter enforcement officer;
(f) a residential noise enforcement officer;
(g) a person or a member of a class of person
that is a prescribed role;
(h) any other person performing a function or
duty or exercising a power under this Act.
60 penalty units;
300 penalty units.

440
No. 51 of 2017
461 False representations relating to Authority approval S. 461

inserted by
(1) A person must not— No. 39/2018
s. 18 (as
(a) falsely hold themself out as having been amended by
issued or granted a permission; or Nos 27/2019
ss 32−40,
(b) falsely represent any goods for manufacture
3/2020 ss 45,
46, 47/2020
or for sale by the person as having Authority s. 27).
approval; or
(c) falsely represent any carrying out or offering
of services by the person as having Authority
approval; or
(d) falsely advertise goods or services as having
Authority approval.
60 penalty units;
300 penalty units.
Authority approval means—
(a) approved by the Authority; or
(b) used by the Authority in the
performance of the Authority's
functions or duties or the exercise of
the Authority's powers.
462 Interference with equipment S. 462
inserted by
(1) A person must not— No. 39/2018
s. 18 (as
(a) unlawfully interfere with monitoring
amended by
Nos 27/2019
equipment that is used by the Authority or an ss 32−40,
authorised officer; and
3/2020 ss 45,
46, 47/2020
s. 27).
(b) unlawfully interfere with monitoring
equipment that is used by any other person
for the purpose of performance of a function
or duty, exercise of a power, or satisfaction

441
No. 51 of 2017
of an obligation or requirement imposed by

or under this Act.
500 penalty units;
2500 penalty units.
offence.
Note
S. 463 463 Provision of false information
inserted by
No. 39/2018
s. 18 (as
(1) This section applies if—
(a) a person provides information or documents
amended by
Nos 27/2019
ss 32−40, to the Authority or an authorised officer
under this Act; or
3/2020 ss 45,
46, 47/2020
s. 27).
(b) an authorised officer is performing a
function or duty or exercising a power under
this Act and requires a person to provide
information or documents.
(2) A person must not do any of the following—
(a) provide information or make a statement that
is false or misleading in a material particular;
(b) conceal any materially relevant information
or document;
(c) produce a document that is false or
misleading in a material particular, without
indicating in what respect it is false or
misleading and, if practicable, providing the
relevant correct information.
Note

442
No. 51 of 2017

an offence.
500 penalty units;
2500 penalty units.
offence.
Note
(5) This section does not apply to the provision of
information or documents by a person under
Part 6.3.

443
No. 51 of 2017
Ch. 15
(Headings
Chapter 15—Regulations
and ss 464–
466)
inserted by
No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
Pt 15.1
(Heading and
s. 464)
inserted by
No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).

inserted by
No. 39/2018
s. 18 (as
amended by Chapter.
Nos 27/2019
ss 32−40, (2) Part 15.2 sets out the powers of the Governor in
Council to make regulations.
3/2020 ss 45,
46, 47/2020
s. 27).

444
No. 51 of 2017
Part 15.2—Regulations
Part 15.2—Regulations Pt 15.2

(Heading and
ss 465, 466)
inserted by
No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
465 Regulations S. 465

inserted by
(1) The Governor in Council may make regulations No. 39/2018
s. 18 (as
for or with respect to any matter or thing required amended by
or permitted by this Act to be prescribed or Nos 27/2019
ss 32−40,
necessary to be prescribed to give effect to this 3/2020 ss 45,
Act. 46, 47/2020
s. 27).
(2) Without limiting any power of the Governor in
Council to make regulations under this Act, the
Governor in Council may make regulations—
(a) for or with respect to any of the matters set
out in Schedule 1; or
(b) prescribing forms; or
(c) prescribing fees including, but not limited
to—
(i) fees for doing an act or providing a
service under this Act; and
(ia) fees for an act or service (including fees S. 465(2)(c)(ia)
inserted by
referred to in section 439(5)) provided No. 36/2022
by an approved motor vehicle tester s. 66(1).
under this Act or the regulations; and

(ib) variable fees for determining an S. 465(2)(c)(ib)
inserted by
application or accepting a submission No. 36/2022
under this Act or the regulations; and s. 66(1).

445
No. 51 of 2017
(ii) in the case of fees prescribed for

operating licences, fees that are higher
than the cost of administration of, or
provision of, services in connection
with operating licences; or
S. 465(2)(ca)
inserted by
(ca) prescribing the method for calculating fees
No. 36/2022 payable under this Act or the regulations for
s. 66(2). decisions in respect of applications,
submissions or other matters, whether
payable at the time the application,
submission or other matter is made or at a
later time; or
(d) regulating or prohibiting the waiver or
refund of fees; or
(e) prescribing offences; or
(f) prescribing a penalty for any contravention
of the regulations not exceeding—
(i) 100 penalty units for a natural person;
or
(ii) 500 penalty units for a body corporate,
or 5 times the penalty prescribed for
such a contravention by a natural
person, whichever is the lesser; or
(g) prescribing offences under this Act or the
regulations to be infringement offences; or
(h) in relation to each infringement offence,
prescribing the penalty in respect of the
offence.
(3) Regulations made under this Act—
(a) may be of general or limited application;
(b) may differ according to differences in time,
place or circumstance;

446
No. 51 of 2017
(c) may leave any matter or thing to be from

time to time approved, determined, applied,
dispensed with or regulated by a specified
person or class of persons;
(d) may provide in a specified case or class of
case for the exemption of persons or things
or a class of persons or things from any of
the provisions of the regulations, whether
unconditionally or on specified conditions
and either wholly or to the extent specified;
(e) may confer powers or impose duties in
connection with the regulations on any
specified person or specified class of
persons;
(f) subject to subsection (4), may apply, adopt
or incorporate, with or without modification,
any matter contained in any document, code,
standard, rule, specification or method
formulated, issued, prescribed or published
by any person or body—
(i) wholly or partially or as amended by
the regulations; or
(ii) as formulated, issued, prescribed
(whether under this or any other Act) or
published at the time the regulations are
made or at any time before then; or
(iii) as formulated, issued, prescribed
(whether under this or any other Act) or
published from time to time.
(4) For the purposes of subsection (3)(f), the Minister
must ensure that the National Environment
Protection Council is consulted before the
Minister recommends that a regulation be made if
it is proposed that the regulation is to incorporate
a measure that is more stringent than a national
environment protection measure.

447
No. 51 of 2017
(5) Before the Governor in Council makes regulations

under subsection (1), the Minister must have
regard to the principles of environment protection.
S. 465A 465A Incorporation powers for certain documents
inserted by
No. 36/2022
s. 67.
(1) A relevant document may apply, adopt or
incorporate, with or without modification, any
matter contained in any document, code, standard,
rule, specification or method formulated, issued,
prescribed or published by any person or body—
(2) In subsection (1)—
relevant document means—
(a) any document made or issued by the
Authority under the Environment
Protection Regulations 2021 that is—
(i) a designation setting out the waste
classification for waste or relating
to mixing, blending or diluting
waste; or
(ii) a determination or declaration
regarding receiving or using
waste; or
(b) any equivalent to a document to which
paragraph (a) applies made under a re-
making of those Regulations to which
section 30 of the Interpretation of
Legislation Act 1984 applies; or
(c) a determination of the background level
in relation to waste, a chemical
substance or a prescribed substance,
referred to in section 36(a)(ii), made by

448
No. 51 of 2017
the Authority in accordance with the

regulations; or
(d) a notice published by the Authority
under section 48.
466 Effect of compliance with regulations S. 466
inserted by
If— No. 39/2018
s. 18 (as
(a) the regulations make provision for or with
amended by
Nos 27/2019
respect to a duty or obligation imposed by ss 32−40,
this Act or the regulations; and
3/2020 ss 45,
46, 47/2020
s. 27).
(b) a person complies with the regulations to the
extent that it makes that provision—
the person is, for the purposes of this Act and the
regulations, taken to have complied with this Act
or the regulations in relation to that duty or
obligation.

449
No. 51 of 2017
Ch. 16
(Headings
Chapter 16—Transitional provisions
and ss 467–
499)
inserted by
No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
Pt 16.1
(Heading and
s. 467)
inserted by
No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).

inserted by
No. 39/2018
s. 18 (as
amended by Chapter.
Nos 27/2019
ss 32−40, (2) Part 16.2 provides for general transitional matters,
including defined expressions.
3/2020 ss 45,
46, 47/2020
s. 27).
(3) Part 16.3 preserves certain instruments such as
permissions, notices and directions under the new
Act.
(4) Part 16.4 provides for environmental audits
underway at the commencement day.
(5) Part 16.5 relates to the continuation of Waste and
Resources Recovery Groups.
(6) Part 16.6 provides for certain financial matters.
(7) Part 16.7 preserves certain existing appointments.
(8) Part 16.8 provides for transitional matters relating
to VCAT.

450
No. 51 of 2017
(9) Part 16.9 provides for transitional provisions

relating to regulations, including—
(a) preserving certain regulations; and
(b) providing for regulations to be made in
relation to transitional matters.

451
No. 51 of 2017
Part 16.2—General
Pt 16.2
(Heading and
Part 16.2—General
ss 468, 469)
inserted by
No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
S. 468 468 Definitions

inserted by
No. 39/2018
s. 18 (as
(1) In this Chapter—
commencement day means the day on which
amended by
Nos 27/2019
ss 32−40, section 7 of the Environment Protection
Amendment Act 2018 comes into operation;
3/2020 ss 45,
46, 47/2020
s. 27).
equivalent, in relation to an old permission, has
the meaning given by section 470;
new Act means this Act;
new permission means a permission within the
meaning of the new Act;
old Act means the Environment Protection Act
1970 as in force from time to time before its
repeal by this Act;
old permission means an approval, permission,
authorisation or licence (however described)
within the meaning of the old Act.
(2) For the purposes of this Chapter an application is
finally determined when—
(a) a decision made in respect of the application
is not subject to any form of reconsideration
or review; or
(b) a decision made in respect of the application
was subject to some form of reconsideration
or review, but the period within which such a

452
No. 51 of 2017
Part 16.2—General
reconsideration or review could be instituted

has ended without a reconsideration or
review having been instituted.
469 General transitional provisions S. 469
inserted by
(1) Except where the contrary intention appears, this No. 39/2018
s. 18 (as
Chapter, and regulations under this Chapter, do amended by
not affect or take away from the Interpretation of Nos 27/2019
ss 32−40,
Legislation Act 1984. 3/2020 ss 45,
46, 47/2020
(2) If a provision of the old Act continues to have s. 27).
effect because of this Chapter, or regulations
under this Chapter, the following provisions also
continue to have effect—
(a) any other provisions of the old Act that are
related to the continued provision and that
need to continue to be in force in order for
the continued provision to have full force
and effect, including any relevant definition;
(b) any regulations made under the old Act for
the purposes of the continued provision.
(3) This Chapter, and regulations under this Chapter,
apply despite anything to the contrary in the old
Act.

453
No. 51 of 2017
Part 16.3—Transitional provisions: permissions, notices, directions and
orders
Pt 16.3
(Headings
Part 16.3—Transitional provisions:
and ss 470–
477)
permissions, notices, directions and orders
inserted by
No. 39/2018
s. 18 (as
Division 1—Permissions
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
S. 470 470 When a new permission is the equivalent of an old

inserted by
No. 39/2018 permission
s. 18 (as
amended by For the purposes of this Part, a new permission
Nos 27/2019
ss 32−40,
specified in, or prescribed as mentioned in,
3/2020 ss 45, column 3 of an item of the Table is the equivalent
46, 47/2020
s. 27).
of an old permission specified in column 2 of that
item of the Table.
Table
Column 1 Column 2 Column 3

Item Old permission New permission
1 A works approval under A development licence
section 19B
2 A research, development A pilot project licence
or demonstration approval
under section 19D
3 A licence under section 20 A prescribed new permission
4 An emergency waste An authorisation under
authorisation under section 157
section 30A
5 A permit to transport A prescribed new permission
prescribed waste or
prescribed industrial waste
under section 53F
6 A prescribed old A prescribed new permission
permission

454
No. 51 of 2017
orders
471 Continuation of permissions S. 471

inserted by
s. 18 (as
(a) immediately before the commencement day, amended by
a person holds an old permission; and Nos 27/2019
ss 32−40,
(b) under the new Act, there is a new permission
3/2020 ss 45,
46, 47/2020
that is the equivalent of the old permission s. 27).
(see section 470).
(2) The person is taken to hold the new permission on
and from the commencement day.
(3) Subject to section 472, the new permission is
taken to be subject to the same conditions as those
to which the old permission was subject
immediately before the commencement day.
(4) Subsection (2) applies as if— S. 471(4)
inserted by
(a) the new permission the person is taken to No. 36/2022
s. 73.
hold is the new permission referred to in
Column 3 of the Table at the foot of
section 470 opposite the equivalent old
permission; and
(b) the new permission had been issued or
granted (as the case requires) under the
relevant provision of this Act.
471A New permissions issued or granted by council or S. 471A
inserted by
Authority No. 36/2022
s. 74.
On and from the commencement day, a new
permission is taken to have been issued or
granted—
(a) in the case of a permit that is the equivalent
of a permit issued under section 53M of the
old Act, by the council that issued the permit
under section 53M; or
(b) in any other case, by the Authority.

455
No. 51 of 2017
orders
S. 471B 471B New permissions equivalent to old permissions

inserted by issued under section 20 of old Act
No. 36/2022
s. 74. (1) On and from the commencement day, a new
permission that is the equivalent of an old
permission listed in Column 2, item 3 of the Table
at the foot of section 470, that is taken to be a
prescribed new permission, continues in
perpetuity until it is revoked.
(2) On and from the commencement day, a new
permission that is the equivalent of an old
permission listed in Column 2, item 3 of the Table
at the foot of section 470, that is taken to be a
prescribed new permission, is taken to have been
issued on the day that the old permission was
issued under the old Act.
S. 472 472 Amendment of new permissions by Authority
inserted by
No. 39/2018
s. 18 (as
(1) If a person is taken to hold a new permission
amended by because of section 471, the Authority may, during
Nos 27/2019
ss 32−40,
the period of 12 months beginning on the
3/2020 ss 45, commencement day, do any of the following for
46, 47/2020
s. 27).
the purposes of ensuring that the new permission
is consistent with the kinds of conditions that may
be imposed under the new Act—
(a) amend one or more conditions of the new
permission;
(b) revoke one or more conditions of the new
permission;
(c) impose one or more additional conditions on
the new permission;
(d) make any consequential amendments
necessary to the permission.
(2) Before exercising a power under subsection (1),
the Authority must, at least 10 business days
before the Authority exercises the power, give the
person a written notice stating—

456
No. 51 of 2017
orders
(a) that the Authority intends to exercise the

power; and
(b) if the Authority proposes to amend one or
more conditions or impose one or more
additional conditions, that the person may
make a request under subsection (3) (which
deals with additional time to comply).
(3) A person who has been given a notice under
subsection (2) may make a written request to the
Authority that the person not be required to
comply with the proposed amended or additional
conditions until 6 months after the conditions are
amended or imposed.
(4) After exercising a power under subsection (1), the
Authority must give the person a written notice
stating—
(a) the amended or additional condition or
conditions, as the case requires; and
(b) if the person made a request under
subsection (3)—that the person is not
required to comply with the amended or
additional conditions until 6 months after the
conditions are amended or imposed.
473 Continuation of exemptions S. 473
inserted by
s. 18 (as
(a) immediately before the commencement day,
amended by
Nos 27/2019
a person is exempt from a requirement to ss 32−40,
hold an old permission; and
3/2020 ss 45,
46, 47/2020
s. 27).
that is the equivalent of the old permission,
and it is possible under the new Act to obtain
an exemption from the requirement to hold
the new permission.

457
No. 51 of 2017
orders
(2) The person is taken, for the purposes of the new

Act, to be exempt from the requirement to hold
the new permission.
(3) Despite subsection (2), an exemption continued in
force under that subsection ceases to be in force at
the end of the period of 5 years beginning on the
commencement day.
S. 474 474 Pending application for old permission to be treated
inserted by
No. 39/2018 as application for new permission
s. 18 (as
amended by (1) This section applies if—
Nos 27/2019
ss 32−40, (a) before the commencement day, a person had
made an application (the old application) for
3/2020 ss 45,
46, 47/2020
s. 27). an old permission; and
that is the equivalent of the old permission;
and
(c) as at the commencement day, the old
application had not been finally determined.
(2) The person is taken to have made an application
(the new application) for the new permission.
(3) The new application is to be determined under the
new Act.
(4) Before deciding the new application, the
Authority must give the person a reasonable
opportunity to provide the Authority with any
further information that the Authority requires in
order to decide the new application.
(5) The Authority may treat anything done for the
purposes of, or in relation to, the old application
as having been done for the purposes of, or in
relation to, the new application.

458
No. 51 of 2017
orders
475 Certain other pending applications S. 475

inserted by
s. 18 (as
(a) a person is taken to hold a new permission amended by
because of the operation of section 471; and Nos 27/2019
ss 32−40,
(b) before the commencement day, the person
3/2020 ss 45,
46, 47/2020
had made an application in relation to the old s. 27).
permission under a prescribed provision; and
(c) as at the commencement day, the application
had not been finally determined.
(2) The person is taken to have made an application
(the new application) under a prescribed
provision in respect of the new permission.
(3) The new application is to be determined under the
new Act.
(4) Before deciding the new application, the
Authority must give the person a reasonable
opportunity to provide the Authority with any
further information that the Authority requires in
order to decide the new application.
Division 2—Notices, directions and orders

476 Continuation of notices and directions S. 476
inserted by
(1) A notice or direction (however described) that was No. 39/2018
given under the old Act and is in force s. 18 (as
amended by
immediately before the commencement day Nos 27/2019
continues in force on and after the commencement ss 32−40,
3/2020 ss 45,
day as if the old Act had not been repealed. 46, 47/2020
s. 27).
(2) Despite subsection (1), a notice or direction
continued in force under that subsection ceases to
be in force at the end of the period of 2 years
beginning on the commencement day.

459
No. 51 of 2017
orders
S. 477 477 Notifiable chemical orders

inserted by
No. 39/2018 On the commencement day, a notifiable chemical
s. 18 (as
amended by
order under section 30D of the old Act is taken to
Nos 27/2019 be an order made under section 154 of the new
ss 32−40,
3/2020 ss 45,
Act.
46, 47/2020
s. 27).

460
No. 51 of 2017
Part 16.4—Transitional provisions: Environmental audits
Part 16.4—Transitional provisions: Pt 16.4

(Heading and
Environmental audits ss 478, 479)
inserted by
No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
478 Environmental audits S. 478

inserted by
(1) This section applies if, before the commencement No. 39/2018
s. 18 (as
day, an environmental auditor has notified the amended by
Authority that the auditor has been engaged to Nos 27/2019
ss 32−40,
conduct an environmental audit under section 53U 3/2020 ss 45,
of the old Act and the environmental audit has not 46, 47/2020
s. 27).
been completed as at the commencement day.
(2) The environmental auditor may conduct the
environmental audit under the old Act or the new
Act.
(3) Subject to this section, if the environmental
auditor conducts the environmental audit under
the old Act, the following apply to the conduct of
the audit—
(a) Part IXD of the old Act continues in effect as
if it had not been repealed;
(b) the auditor must comply with section 216 of
the new Act in relation to an imminent state
of danger or any prescribed matter or thing
of which the auditor becomes aware when
conducting the audit;
(c) an environmental audit report, certificate of
environmental audit or statement of
environmental audit issued under the old Act
is taken—

461
No. 51 of 2017
Part 16.4—Transitional provisions: Environmental audits
(i) to satisfy the requirements of Part 8.3

of the new Act; and
(ii) to have been issued under the new Act.
S. 479 479 Certificates of environmental audits and statements
inserted by
No. 39/2018 of environmental audit
s. 18 (as
amended by (1) This section applies to a certificate of
Nos 27/2019
ss 32−40,
environmental audit or statement of environmental
3/2020 ss 45, audit—
46, 47/2020
s. 27). (a) issued under the old Act before the
commencement day; or
(b) taken to have been issued under the new Act
because of section 478.
(2) The certificate of environmental audit or
statement of environmental audit may be
withdrawn or amended under section 53ZA of the
old Act.
(3) Section 213(5) and (6) of the new Act apply, with
any necessary modifications, to the certificate of
environmental audit or a statement environmental
audit.
(4) Section 53ZE of the old Act continues to apply to
the statement of environmental audit, as if that
section had not been repealed, until the end of the
period of 12 months beginning on the
commencement day.

462
No. 51 of 2017
Part 16.5—Transitional provisions: Waste and Resource Recovery Groups
Part 16.5—Transitional provisions: Waste Pt 16.5

(Heading and
and Resource Recovery Groups ss 480–487)
inserted by
No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
480 Waste and Resource Recovery Groups S. 480

inserted by
On the commencement day— No. 39/2018
s. 18 (as
(a) a Waste and Resource Recovery Group
amended by
Nos 27/2019
continued under section 382 is taken to be ss 32−40,
the successor in law of the Waste and
3/2020 ss 45,
46, 47/2020
Resource Recovery Group of the same name s. 27).
existing under section 49C of the old Act;
and
(b) a reference to a Waste and Resource
Recovery Group existing under section 49C
of the old Act in any Act (other than this
Act), regulation, instrument or other
document is taken to be a reference to the
Waste and Resource Recovery Group of the
same name continued under section 382
unless the contrary intention appears.
481 Board of directors of Waste and Resource Recovery S. 481
inserted by
Groups No. 39/2018
s. 18 (as
On the commencement day— amended by
Nos 27/2019
(a) all rights, property and assets that, ss 32−40,
immediately before the repeal of the old Act,
3/2020 ss 45,
46, 47/2020
were vested in or owned, leased or managed s. 27).
by a Board of directors of a Waste and
Resource Recovery Group existing under
section 49C of the old Act are vested in or
owned, leased or managed (as the case
requires) by the board of directors of the
Waste and Resource Recovery Group of the

463
No. 51 of 2017
same name established under section 389;

and
(b) all debts, liabilities and obligations of the
Board of directors existing immediately
before that day become debts, liabilities and
obligations of the board of directors
established under section 389; and
(c) the board of directors established under
section 389 is substituted as a party to any
contract entered into by or on behalf of the
Board of directors as a party and in force
immediately before that day.
S. 482 482 Appointments
inserted by
No. 39/2018
s. 18 (as
On the commencement day—
(a) a person holding office as a director
amended by
Nos 27/2019
ss 32−40, appointed under section 49K(1) and (2)(a) of
the old Act is taken to continue to hold office
3/2020 ss 45,
46, 47/2020
s. 27). for the balance of the term specified in the
instrument of appointment and on the same
terms and conditions and with the same
accrued and accruing entitlements as applied
to that person immediately before that day;
and
(b) a person holding office as a director
appointed under section 49K(1) and (2)(b) of
the old Act is taken to continue to hold office
for the balance of the term specified in the
and
(c) a person holding office as a Chairperson of
the Board of directors appointed under
section 49K(4) of the old Act is taken to
continue to hold office for the balance of the

464
No. 51 of 2017
term specified in the instrument of

appointment and on the same terms and
conditions and with the same accrued and
accruing entitlements as applied to that
person immediately before that day; and
(d) a person holding office as a Deputy
Chairperson of the Board of directors
appointed under section 49K(5) of the old
Act is taken to continue to hold office for the
balance of the term specified in the
to that person immediately before that day.
483 Staff and executive officers S. 483
inserted by
(1) On the commencement day— No. 39/2018
s. 18 (as
(a) a person holding office as an executive
amended by
Nos 27/2019
officer appointed under section 49Q(1) of the ss 32−40,
old Act is taken to continue to hold office for
3/2020 ss 45,
46, 47/2020
the balance of the term specified in the s. 27).
and
(b) the person holding office as the Chief
Executive Officer of the Metropolitan Waste
and Resource Recovery Group appointed
under section 49Q(2) of the old Act is taken
to continue to hold office for the balance of
the term specified in the instrument of
appointment and on the same terms and
conditions and with the same accrued and
accruing entitlements as applied to that
person immediately before that day; and

465
No. 51 of 2017
(c) all persons who are employees of a Waste

and Resource Recovery Group existing
under section 49C of the old Act are taken to
continue to be employed on the same terms
and conditions and with the same accrued
and accruing entitlements as applied to that
person immediately before that day.
(2) If subsection (1) applies to a person—
(a) the service of the person as an employee of
the Waste and Resource Recovery Group
existing under section 49C of the old Act is
to be regarded for all purposes as having
been continuous with the service of the
employee with the Waste and Resource
Recovery Group of the same name continued
(b) the person is not entitled to receive any
payment or other benefit by reason only of
having ceased to be an employee of the
Waste and Resource Recovery Group
existing under section 49C of the old Act.
(3) Nothing in this section prevents a person from
resigning or being dismissed as an employee of
the Waste and Resource Recovery Group existing
under section 49C of the old Act at any time after
the commencement day in accordance with the
terms and conditions of that person's employment.
S. 484 484 Delegations
inserted by
No. 39/2018
s. 18 (as
On the commencement day—
(a) a delegation by a Waste and Resource
amended by
Nos 27/2019
ss 32−40, Recovery Group under section 49P of the old
Act is taken to be a delegation under section
3/2020 ss 45,
46, 47/2020
s. 27). 398; and
(b) a delegation by an executive officer or Chief
Executive Officer of a Waste and Resource
Recovery Group under section 49Q(5) of the
466
No. 51 of 2017
old Act is taken to be a delegation under

section 399(5).
485 State-Wide Waste and Resource Recovery S. 485
inserted by
Infrastructure Plans No. 39/2018
s. 18 (as
On the commencement day, a State-Wide Waste amended by
and Resource Recovery Infrastructure Plan Nos 27/2019
ss 32−40,
approved by the Minister under section 50AD of 3/2020 ss 45,
the old Act is taken to be a State-Wide Waste and 46, 47/2020
s. 27).
Resource Recovery Infrastructure Plan approved
by the Minister under section 410(1).
486 Regional Waste and Resource Recovery S. 486
inserted by
s. 18 (as
On the commencement day, a Regional Waste and amended by
Resource Recovery Implementation Plan Nos 27/2019
ss 32−40,
approved by the Minister under section 50BD(6) 3/2020 ss 45,
of the old Act is taken to be a Regional Waste and 46, 47/2020
s. 27).
Resource Recovery Implementation Plan
approved by the Minister under section 420.
487 Transition of plans already submitted S. 487
inserted by
(1) Despite the repeal of Division 2AC of the old Act, No. 39/2018
s. 18 (as
a draft State-Wide Waste and Resource Recovery amended by
Infrastructure Plan submitted to the Minister Nos 27/2019
ss 32−40,
under section 50AA of the old Act may be 3/2020 ss 45,
approved by the Minister under section 50AD of 46, 47/2020
s. 27).
that Act as if that section had not been repealed.
(2) Despite the repeal of Division 2AD of the old Act,
a draft Regional Waste and Resource Recovery
Implementation Plan submitted to Sustainability
Victoria and the Authority under section 50B of
the old Act may be approved by the Minister
under section 50BE of that Act as if that section
had not been repealed.

467
No. 51 of 2017
Part 16.6—Transitional provisions: financial matters
Pt 16.6
(Headings
Part 16.6—Transitional provisions: financial
and ss 488–
494)
matters
inserted by
No. 39/2018
s. 18 (as
Division 1—Funds
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
S. 488 488 Money standing to the credit of Environment

inserted by
No. 39/2018 Protection Fund
s. 18 (as
amended by On the commencement day, any money standing
Nos 27/2019
ss 32−40,
to the credit of the Environment Protection Fund
3/2020 ss 45, as in existence immediately before the
46, 47/2020
s. 27).
commencement day is taken to be money standing
to the credit of the Environment Protection Fund
that is established under section 441 on and after
the commencement day.
S. 489 489 Money standing to the credit of General Landfill
inserted by
No. 39/2018 Levy account
s. 18 (as
Nos 27/2019
ss 32−40,
to the credit of the General Landfill Levy Account
3/2020 ss 45, as in existence immediately before the
46, 47/2020
s. 27).
commencement day is taken to be money standing
to the credit of the General Waste Levy Account
that is established and maintained under section
446 on and after the commencement day.
S. 490 490 Money standing to the credit of Municipal and
inserted by
No. 39/2018 Industrial Landfill Levy Trust Account
s. 18 (as
Nos 27/2019
ss 32−40,
to the credit of the Municipal and Industrial
3/2020 ss 45, Landfill Levy Trust Account as in existence
46, 47/2020
s. 27).
immediately before the commencement day is
taken to be money standing to the credit of the
Municipal and Industrial Waste Levy Trust

468
No. 51 of 2017
Account that is established and maintained under

section 448 on and after the commencement day.
491 Money standing to the credit of Sustainability Fund S. 491
inserted by
Account No. 39/2018
s. 18 (as
On the commencement day, any money standing amended by
to the credit of the Sustainability Fund Account as Nos 27/2019
ss 32−40,
in force immediately before the commencement 3/2020 ss 45,
day is taken to be money standing to the credit of 46, 47/2020
s. 27).
the Sustainability Fund Account that is established
and maintained under section 449 on and after the
commencement day.
492 Priority statement and guidelines S. 492
inserted by
On the commencement day— No. 39/2018
s. 18 (as
(a) a priority statement prepared under section
amended by
Nos 27/2019
70B(1AA) of the old Act as in force ss 32−40,
3/2020 ss 45,
46, 47/2020
is taken to be a priority statement that is s. 27).
prepared under section 450 of the new Act
on and after the commencement day; and
(b) any guidelines made for the purposes of
section 70A(1)(b) of the old Act as in force
are taken to be guidelines made under
section 451 of the new Act on and after the
commencement day.
Division 2—Landfill levy

493 Requirement to pay landfill levy S. 493
inserted by
(1) This section applies if, immediately before the No. 39/2018
commencement day, the holder of a licence in s. 18 (as
amended by
respect of a scheduled premises who is liable to Nos 27/2019
pay a landfill levy under section 50S of the old ss 32−40,
3/2020 ss 45,
Act is required— 46, 47/2020
s. 27).

469
No. 51 of 2017
(a) to calculate the amount of the landfill levy

that is payable in respect of the waste
deposited at the premises for the quarters
specified in section 50SB(1) of the old Act
and pay that amount to the Authority in
accordance with section 50SB(3) for the
relevant quarter; and
(b) to calculate the amount of the landfill levy
that is payable in respect of the waste
deposited at the premises for the last
financial year and pay that amount to the
Authority on or before 30 September in
accordance with section 50SB(5); and
(c) to give the Authority a written statement on
or before 1 September in accordance with
section 50W of the old Act.
(2) On the commencement day, sections 50SB and
50W of the old Act, as in force immediately
before the commencement day, continue to apply
to the holder of a licence who is liable to pay a
landfill levy under section 50S for waste deposited
at the premises until the first 30 June that occurs
after the commencement day.
Division 3—Financial assurances

S. 494 494 Transitional provision—financial assurances
inserted by
No. 39/2018 On the commencement day, a financial assurance
s. 18 (as
amended by
required by the Authority under section 67B of the
Nos 27/2019 old Act is taken to be a financial assurance
ss 32−40,
3/2020 ss 45,
required by the Authority for the purposes of
46, 47/2020 Part 8.4 of the new Act.
s. 27).

470
No. 51 of 2017
Part 16.7—Transitional provisions: Continuation of certain appointments and
roles

(Heading and
Continuation of certain appointments and ss 495–498)
inserted by
roles No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
495 Litter enforcement officers S. 495

inserted by
On the commencement day, a person holding No. 39/2018
s. 18 (as
office as a litter enforcement officer under the old amended by
Act is taken to have been appointed as a litter Nos 27/2019
ss 32−40,
enforcement officer under whichever of section 3/2020 ss 45,
114(1), (2) or (3) of the new Act is applicable on 46, 47/2020
s. 27).
the same terms as applied to that person
immediately before that day.
496 Residential noise enforcement officers S. 496
inserted by
On the commencement day, a person who is a No. 39/2018
s. 18 (as
council officer within the meaning of section amended by
48A(1) of the old Act is taken to be a residential Nos 27/2019
ss 32−40,
noise enforcement officer appointed under 3/2020 ss 45,
section 171 of the new Act on the same terms as 46, 47/2020
s. 27).
applied to that person immediately before that
day.
497 Environmental auditors S. 497
inserted by
On the commencement day, a person who is an No. 39/2018
s. 18 (as
environmental auditor appointed under section amended by
53S of the old Act is taken to have been appointed Nos 27/2019
ss 32−40,
as an environmental auditor under Division 1 of 3/2020 ss 45,
Part 8.3 of the new Act on the same terms as 46, 47/2020
s. 27).
applied to that person immediately before that
day.

471
No. 51 of 2017
Part 16.7—Transitional provisions: Continuation of certain appointments and
roles
S. 498 498 Analysts

inserted by
No. 39/2018 On the commencement day, a person who is an
s. 18 (as
amended by
analyst appointed under section 57 of the old Act
Nos 27/2019 is taken to have been appointed as an analyst
ss 32−40,
3/2020 ss 45,
under section 245 of the new Act on the same
46, 47/2020 terms as applied to that person immediately before
s. 27). that day.

472
No. 51 of 2017
Part 16.8—Transitional provisions: VCAT matters
Part 16.8—Transitional provisions: VCAT Pt 16.8

(Heading and
matters s. 499)
inserted by
No. 39/2018
s. 18 (as
amended by
Nos 27/2019
ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
499 General provisions relating to VCAT S. 499

inserted by
(1) Subject to section 475, an application to VCAT No. 39/2018
s. 18 (as
for review of a decision made under a provision of amended by
the old Act before the commencement day that Nos 27/2019
ss 32−40,
had not been finally determined before that day is 3/2020 ss 45,
to continue to be determined on and after that day 46, 47/2020
s. 27).
as if the old Act were still in force.
(2) Subject to section 475, a person who, immediately
before the commencement day—
(a) had a right to make an application to VCAT
for review of a decision made under a
provision of the old Act; and
(b) had not done so before that day—
may make such an application on or after that day,
within the period allowed under the old Act for
making that application, as if the old Act were still
in force and the application is to be determined as
if the old Act were still in force.
(3) Subsection (4) applies to a decision made under a
provision of the old Act before the
commencement day that, on or after that day, is
under the Victorian Civil and Administrative
Tribunal Act 1998—
(a) affirmed or varied by VCAT; or

473
No. 51 of 2017
Part 16.8—Transitional provisions: VCAT matters
(b) set aside and another decision substituted for

it by VCAT; or
(c) set aside by VCAT and another decision
made by the decision-maker on the matter
being remitted to the decision-maker by
VCAT for re-consideration.
(4) A permission arising by operation of the decision
is taken to be a permission under the new Act of a
kind that it would have been taken to be by
operation of this Chapter had an application not
been made to VCAT for review of the decision
made under the old Act.
Note
See also section 51(3) of the Victorian Civil and
Administrative Tribunal Act 1998.

474
No. 51 of 2017
Part 16.9—Transitional provisions: Regulations

(Heading)
Regulations inserted by
No. 39/2018
s. 18 (as
Division 1—Saving of Environment Protection amended by
Nos 27/2019
(Industrial Waste Resource) Regulations 2009 ss 32−40,
3/2020 ss 45,
46, 47/2020
s. 27).
500 Saving of the Environment Protection S. 25

substituted by
(Industrial Waste Resource) Regulations 2009 No. 39/2018
s. 19,
Despite section 5 of the Subordinate renumbered
Legislation Act 1994, the Environment Protection as s. 500 by
No. 39/2018
(Industrial Waste Resource) Regulations 2009, s. 22.
as in force immediately before 1 July 2019, are
taken to remain in force until the day on which
section 63 of the Environment Protection
Amendment Act 2018 comes into operation.
S. 26
Division 2—Saving of Environment Protection substituted as
Pt 16.9 Div. 2
(Vehicle Emissions) Regulations 2013 (Heading and
s. 501) by
No. 39/2018
s. 20.
501 Saving of the Environment Protection (Vehicle S. 26

substituted as
Emissions) Regulations 2013 s. 501 by
No. 39/2018
Despite the repeal of the old Act, the Environment s. 20.
Protection (Vehicle Emissions) Regulations 2013
as in force immediately before the commencement
day, are taken to remain in force during the
period—
(a) beginning on the commencement day; and
(b) ending on 10 December 2023 or, if the
regulations are revoked before that date, on
the day on which they are revoked.

475
No. 51 of 2017
Part 16.9—Transitional provisions: Regulations
Pt 16.9 Div. 3 Division 3—Transitional regulations

(Heading and
s. 502)
inserted by
No. 39/2018
s. 20.
S. 502 502 Transitional regulations

inserted by
No. 39/2018
s. 20.
(1) The Governor in Council may make regulations
containing provisions of a savings or transitional
nature consequent on the enactment of this Act.
(2) A regulation mentioned in subsection (1) may be
retrospective in operation to the commencement
of this Act.
(3) Regulations referred to in subsection (1) have
effect despite anything to the contrary in any Act
(other than this Act or the Charter of Human
Rights and Responsibilities Act 2006) or in any
subordinate instrument.
(4) Without limiting this section, regulations made as
mentioned in subsection (1) may continue in
effect for a period of not more than 2 years
beginning on the commencement day, any
instrument or policy under the old Act.
(5) This section expires 2 years after the
commencement day.

476
No. 51 of 2017
* * * * * Pt 4
(Headings
and ss 27−46)
repealed by
No. 51/2017
s. 46.1

477
No. 51 of 2017
Schedule 1—Regulations
Sch. 1
inserted by
No. 39/2018 1 Duties
s. 23 (as
amended by
Nos 27/2019
1.1 Regulating the way in which duties or obligations
ss 41, 42, imposed by this Act or the regulations, including
47/2020 s. 28).
but not limited to the general environmental duty,
are performed.
1.2 Prescribing standards for the performance of
functions or duties imposed by this Act or the
regulations.
2 Septic tanks
2.1 The construction, installation, alteration,
maintenance, repair, notification and monitoring
of septic tank systems.
3 Waste and Resource Recovery Infrastructure
Planning Framework
3.1 Prescribing any thing necessary or convenient to
give effect to the Waste and Resource Recovery
Infrastructure Planning Framework.
Sch. 1 item 3.2
repealed by
* * * * *
No. 55/2021
s. 210.
4 Contaminated land
4.1 Investigation and assessment of suspected
contaminated land.
4.2 Assessment, management and remediation of
contaminated land.
4.3 Exempting a person or class of person in
management or control of land from a duty to
manage contaminated land or a duty to notify of
notifiable contamination, whether unconditionally
or on specified conditions and to any extent as
specified in the regulations.

478
No. 51 of 2017
5 Financial assurances
5.1 Circumstances in which the provision of a
financial assurance by a person is a condition of a
permission.
5.2 Exempting a person or class of person from the
requirement to provide a financial assurance as a
condition of a permission.
5.3 Prescribing the financial assurance risk
assessment criteria.
6 Waste
6.1 Regulating or prohibiting things that may become
litter or waste.
6.2 Further regulating waste in connection with Part
6.3, including in relation to the loading, or moving
of, vehicles.
6.3 Regulating or prohibiting the deposit, affixing and
commission of documents (including unsolicited
documents) or advertising material.
6.4 Prohibiting the defacement of, or setting fire to,
public litter receptacles.
6.5 Regulating or prohibiting the production,
generation, collection, consignment, transfer,
transport, receipt, handling, storage, use,
management, containment, treatment and
processing of waste.
6.6 Regulating or prohibiting waste disposal.
6.7 Regulating resource recovery.
6.8 Regulating or prohibiting reuse of waste and the
use of recycled substances.
6.9 Allocating responsibility for operations in relation
to waste management, waste disposal and resource
recovery.

479
No. 51 of 2017
6.10 Regulating or prohibiting the supply or sale of

plastic products, plastic packaging or plastic bags.
6.11 Requiring supply of alternatives to plastic
products, plastic packaging or plastic bags.
6.11A Prohibiting the provision of false or misleading
information relating to plastic products, plastic
packaging or plastic bags.
6.12 Prescribing the period of time after which storage
of a prescribed type, class or category of waste is
taken to be waste disposal, including where stored
at the same location as the operation that
generated the waste.
6.13 Prescribing any waste or class of waste to be
priority waste.
6.14 Prescribing types, classes or categories of waste to
be industrial waste.
6.15 Prescribing priority waste to be any of the
following types of priority waste—
(a) Category A priority waste;
(b) Category B priority waste;
(c) Category C priority waste;
(d) packaged waste asbestos;
(e) any other category of priority waste.
6.16 Regulating or prohibiting any matter relating to
transport of industrial waste and the receipt of
industrial waste at any place or premises.
6.17 Prescribing any conditions or controls that apply
to any type, class or category of priority waste.
6.18 Exempting any type, class or category of priority
waste from a requirement under this Act.

480
No. 51 of 2017
6.19 Prescribing requirements for making and keeping

records relating to the production, generation,
collection, consignment, transfer, transport,
receipt, handling, storage, use, management,
containment, treatment and processing of waste,
waste disposal or resource recovery.
6.20 Prescribing requirements for notification and
reporting relating to the production, generation,
collection, consignment, transfer, transport,
receipt, handling, storage, use, management,
containment, treatment and processing of waste,
waste disposal or resource recovery.
6.21 Prohibiting disposal of any type, class or category
of waste at a landfill site.
6.22 Exempting a person, or class of person, with
management or control of priority waste from the
duty to identify and assess alternatives to waste
disposal for the priority waste, whether
unconditionally or on specified conditions and to
any extent as specified in the regulations.
7 Waste levy scheme
7.1 The municipal districts that are subject to higher
municipal and industrial waste levy rates.
7.2 The calculation and payment of a waste levy.
7.3 The calculation of allowable rebates, including the
criteria and conditions for claiming allowable
rebates.
7.4 Regulating any other matter relevant to the
calculation or determination of a person's liability
to pay a waste levy.
8 Pollution and pollution incidents
8.1 Regulating matters in connection with pollution
incidents and notifiable incidents.

481
No. 51 of 2017
8.2 Regulating or prohibiting the discharge, emission

or deposit into the environment of any substance
or matter.
8.3 Monitoring or observation of any discharge,
emission or deposit into the environment of any
substance or matter.
8.4 Prescribing emission standards (including noise
emission standards) and standards of maximum
permissible concentrations for emissions or
discharges to the environment.
8.5 Regulating or prohibiting the emission or
discharge of greenhouse gas substances, including
for the purposes of contributing to the State’s
long-term emissions reduction target and interim
emissions reduction targets under the Climate
Change Act 2017.
8.6 Prescribing standards for the emission or
discharge of greenhouse gas substances, including
emission intensity standards and maximum levels
of emissions of greenhouse gas substances.
8.7 Prescribing the conditions under which
greenhouse gas substances may be emitted or
discharged.
9 Environmental audits
9.1 Appointing and reappointing environmental
auditors, including the suspension and revocation
of the appointment of environmental auditors.
9.2 Regulating matters in connection with the conduct
and oversight of environmental auditors.
9.3 Regulating matters in connection with preliminary
risk screen assessments and environmental audits.

482
No. 51 of 2017
10 Permissions
10.1 Prescribing activities or classes of activity to be
development activities, operating activities, permit
activities or registration activities.
10.2 Regulating or prohibiting exemptions from a
requirement to hold a permission.
10.3 Prescribing circumstances in which persons may,
or must not, engage in an activity or class of
activity without a permission.
10.4 Prescribing permission activities that a person or
class of person, including prohibited persons, may
not engage in.
10.5 Prescribing activities or classes of activities to be
permit activities to be administered by a council.
10.6 Determining the type of permission that must be
held by a person engaging in an activity or class
of activity.
10.7 Determining the process for changing the type of
permission that must be held by a person engaging
in an activity or a class of activity.
10.8 Regulating or prohibiting conditions to which
permissions are subject.
10.9 Regulating or prohibiting the surrender or
revocation of permissions.
10.10 Regulating procedures relating to permissions,
including applications for permissions.
10.11 Regulating the review of permissions or decisions
relating to permissions.
10.12 Regulating or prohibiting the factors considered
during the determination of decisions relating to
permissions.
10.13 Regulating consultation procedures and
requirements relating to permissions.

483
No. 51 of 2017
11 Appointments
11.1 Regulating the appointment of authorised officers.
11.2 Regulating the conditions that may be placed on
the appointment of a person or a class of person
under this Act.
12 Noise
12.1 Regulating the prevention, minimisation or
control of noise, including—
(a) regulating or prohibiting the use, supply,
distribution or sale of any item, equipment or
vehicle; and
(b) regulating or prohibiting the manufacture or
assembly of any item, equipment or vehicle.
Sch. 1
item 12.2
12.2 Prescribing noise that is not to be unreasonable
inserted by noise.
No. 36/2022
s. 71(3).
13 Better environment plans

13.1 Regulating the submission and acceptance of
proposed better environment plans.
13.2 Regulating the content of better environment
plans.
14 Issues of environmental concern
14.1 Regulating or prohibiting issues declared to be
issues of environmental concern.
15 Public Register
15.1 Regulating or prohibiting the information to be
contained in the Public Register.
16 Economic instruments
16.1 Regulating the administration, implementation,
compliance and enforcement of economic
instruments.

484
No. 51 of 2017
16.2 Prescribing the circumstances in which

compliance with a requirement under an economic
instrument is taken to be compliance with, or an
exemption from, a requirement under this Act.
16.3 Regulating the rights and duties of holders of
entitlements held in relation to an economic
instrument.
16.4 Prescribing the circumstances in which the
application of an economic instrument to a
specific person or class of persons, geographical
area, segment of the environment, pollution or
class of pollution, waste or class of waste may be
set by Order of the Authority.
16.5 Regulating the approval or recognition of
compensatory measures.
17 Product or substance regulation
17.1 Regulating the labelling of products with respect
to standards of environmental performance.
17.2 Regulating or prohibiting the sale or supply of
products that do not comply with standards of
environmental performance.
17.3 Regulating or prohibiting the sale, use,
manufacture, assembly, construction or
installation of vehicles, facilities, equipment or
machinery or other products to ensure compliance
with prescribed standards.
17.4 Regulating or prohibiting the production of petrol.
17.5 Regulating or prohibiting the storage, use,
manufacture, containment, handling, transport or
disposal of chemical substances.

485
No. 51 of 2017
18 Records and notifications

18.1 Regulating the making and keeping of records
required under this Act by persons performing
functions or duties, or exercising powers, under
this Act.
18.2 Regulating the giving of notifications required
under this Act.
18.3 Regulating the provision or reporting of
information under this Act.

486
No. 51 of 2017
Schedule 2—Amount payable as waste levy
Schedule 2—Amount payable as waste levy Sch. 2

inserted by
No. 39/2018
Table 1 s. 23 (as
amended by
Amount of waste levy payable under Nos 27/2019
ss 41, 42,
section 145(1) for each tonne of waste received 47/2020 s. 28).
Premises in Premises that are not
prescribed municipal in prescribed
districts municipal districts
Date when waste is Municipal Industrial Municipal Industrial
received Waste Waste Waste Waste
On or after 1 July 2021 $105.90 $105.90 $52.95 $93.19
and before 1 July 2022
On or after 1 July 2022 $125.90 $125.90 $62.95 $110.79
and before 1 July 2023
On or after 1 July 2023 8·13 fee 8·13 fee 4·06 fee 7·15 fee
units units units units
Note
The regulations may prescribe municipal districts that are subject
to a higher waste levy payable for each tonne of municipal waste
or industrial waste that is received.
Table 2
Amount of waste levy payable under
section 145(2) for each tonne of priority
waste received
Packaged
Date when waste is waste Category Category Category
received asbestos B waste C waste D waste
On or after 1 July 2021 2·06 fee 17·15 fee $105.90 $105.90
and before 1 July 2022 units units
On or after 1 July 2022 2·06 fee 17·15 fee $125.90 $125.90
and before 1 July 2023 units units
On or after 1 July 2023 2·06 fee 17·15 fee 8·13 fee 8·13 fee
units units units units
Note
There is no amount of waste levy payable for receiving Category
A waste as receiving Category A at a landfill is prohibited.

487
No. 51 of 2017
Schedule 2—Amount payable as waste levy
The regulations may prescribe an amount payable as the waste

levy for each tonne of priority waste (other than Category B waste,
Category C waste, Category D waste or packaged waste asbestos)
that is received.
═════════════

488
No. 51 of 2017
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: 7 June 2017
Legislative Council: 22 August 2017
The long title for the Bill for this Act was "A Bill for an Act to provide for
the continuation of the Environment Protection Authority, to specify a new
objective of the Authority, to provide for a new governance structure of the
continued Authority, to provide for the Governing Board of the Authority
and to make consequential amendments to the Environment Protection
Act 1970 and the Public Administration Act 2004 and for other purposes."
The Environment Protection Act 2017 was assented to on 24 October 2017
and came into operation as follows:
Sections 1, 2, 4, 30–32 on 1 January 2018: Special Gazette (No. 433) 12
December 2017 page 1; sections 3, 5–29, 33–46 on 1 July 2018: section 2(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes
Section 54A of the ILA authorises the making of the style changes set out in
Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which
provides that where an undivided section or clause of a Schedule is amended
by the insertion of one or more subsections or subclauses, the original section
or clause becomes subsection or subclause (1) and is amended by the
insertion of the expression "(1)" at the beginning of the original section or
clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the
following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001
form part of that Act. Any heading inserted in an Act which was passed
before 1 January 2001, by an Act passed on or after 1 January 2001, forms
part of that Act. This includes headings to Parts, Divisions or Subdivisions in

489
No. 51 of 2017
Endnotes
a Schedule; sections; clauses; items; tables; columns; examples; diagrams;

notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or
after 1 January 2001 form part of that Act. Any examples, diagrams or notes
inserted in an Act which was passed before 1 January 2001, by an Act passed
on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001
forms part of that Act. Any punctuation inserted in an Act which was passed
before 1 January 2001, by an Act passed on or after 1 January 2001, forms
part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether
inserted in the Act before, on or after 1 January 2001. Provision numbers
include section numbers, subsection numbers, paragraphs and subparagraphs.
See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October
2004, a legislative item relating to a provision of an Act is taken to be at the
foot of that provision even if it is preceded or followed by another legislative
item that relates to that provision. For example, if a penalty at the foot of a
provision is followed by a note, both of these legislative items will be
regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and
other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

490
No. 51 of 2017
Endnotes
2 Table of Amendments
This publication incorporates amendments made to the Environment
Protection Act 2017 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Environment Protection Act 2017, No. 51/2017
Assent Date: 24.10.17
Commencement Date: S. 46 on 1.7.18: s. 2(2)
Note: S. 46 repealed Pt 4 (ss 27–46) on 1.7.19
Current State: This information relates only to the provision/s
amending the Environment Protection Act 2017
Environment Protection Amendment Act 2018, No. 39/2018 (as amended by
Nos 27/2019, 3/2020, 11/2020, 47/2020)
Commencement Date: S. 19 on 28.8.18: s. 2(2) (as amended by No. 11/2020
s. 54); ss 4–18, 20–23 on 1.7.21: Special Gazette
(No. 124) 16.3.21 p. 1
Transport Legislation Amendment Act 2019, No. 49/2019 2
Commencement Date: S. 186(Sch. 4 item 18) on 1.1.20: Special Gazette
(No. 514) 10.12.19 p. 1
Circular Economy (Waste Reduction and Recycling) Act 2021, No. 55/2021
Commencement Date: Ss 192, 193, 197, 198, 200−207, 209, 210 on 1.7.22:
Special Gazette (No. 285) 7.6.22 p. 1
Environment Legislation Amendment (Circular Economy and Other Matters)
Act 2022, No. 36/2022
Assent Date: 6.9.22
Commencement Date: S. 27 on 1.7.21: s. 2(2)(a); s. 53 on 1.7.21: s. 2(2)(b);
s. 58 on 1.7.21: s. 2(2)(c); ss 73, 74 on 1.7.21:
s. 2(2)(d); s. 26(1) on 7.9.22: s. 2(3)(b); s. 28 on
7.9.22: s. 2(3)(c); s. 45 on 7.9.22: s. 2(3)(d); s. 46 on
7.9.22: s. 2(3)(e); s. 49 on 7.9.22: s. 2(3)(f); s. 52 on
7.9.22: s. 2(3)(g); ss 56, 57 on 7.9.22: s. 2(3)(h); s. 59
on 7.9.22: s. 2(3)(i); s. 62(3) on 7.9.22: s. 2(3)(j);
s. 64(3)(4) on 7.9.22: s. 2(3)(k); s. 66(1)(2) on 7.9.22:
s. 2(3)(l); s. 67 on 7.9.22: s. 2(3)(m); s. 71(3) on
7.9.22: s. 2(3)(n); s. 72 on 7.9.22: s. 2(3)(o)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

491
No. 51 of 2017
Endnotes
3 Explanatory details
1
Pt 4 (Headings and ss 27−46) (repealed): The amendment proposed by
section 21 of the Environment Protection Amendment Act 2018,
No. 39/2018 (as amended by Nos 27/2019, 3/2020, 11/2020, 47/2020) is not
included in this publication due to the earlier repeal of Part 4 by section 46 of
the Environment Protection Act 2017, No. 51/2017.
Section 21 reads as follows:
21 Part 4 repealed
Part 4 of the Principal Act is repealed.
2
Table of Amendments (Transport Legislation Amendment Act 2019):
The amendment proposed by section 186(Schedule 4 item 18.1) of the
Transport Legislation Amendment Act 2019, No. 49/2019 is not included
in this publication because section 338(a) is not part of this Act on the
commencement date of section 186(Schedule 4 item 18.1).
Section 186(Schedule 4 item 18.1) reads as follows:
18 Environment Protection Act 2017
18.1 In section 338(a), for "Roads Corporation"
substitute "Secretary to the Department of
Transport".

492

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Authorised Version No.

Authorised by the Chief Parliamentary Counsel

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48 Determination that person does not require a permission 72

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Division 4—Licence exemptions 105

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Part 5.4—Position statements 132

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126 Litter enforcement officer to produce proof of identity and

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Part 7.3—Obligations for managers of land or infrastructure 180

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Part 8.2—Better environment plans 202

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207 What is included in a preliminary risk screen assessment

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Part 8.6—Conference of interested persons 250

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Division 4—Power to give directions 268

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Part 10.5—Non-disturbance notices 292

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303 No criminal proceedings while enforceable undertaking in

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330 Adverse publicity orders 339

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Chapter 12—Environment Protection Authority 364

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406 Objectives of the Victorian Waste and Resource Recovery

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Division 4—General 399

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Part 14.5—Information sharing 428

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Part 16.3—Transitional provisions: permissions, notices, directions

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491 Money standing to the credit of Sustainability Fund Account 469

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The Parliament of Victoria enacts:

Chapter 1—Preliminary Pt 1 (Heading)

(f) to set out the legislative framework for the S. 1(f)

(g) to provide for a general environmental duty S. 1(g)

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S. 1(h) (h) to establish a permissions scheme that

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advisory committee means a committee S. 3(1) def. of

agent of a vessel means a person or body that S. 3(1) def. of

analysis includes the taking of a sample or any S. 3(1) def. of

Authorised by the Chief Parliamentary Counsel

S. 3(1) def. of approved motor vehicle tester means a person

within the meaning of section 39(1) of

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(j) a shareholder of the other person if the

authorised officer means a person appointed as an S. 3(1) def. of

authorised to receive industrial waste, in relation S. 3(1) def. of

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(e) authorised by the regulations, or in

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