Environment Protection (Distribution of Landfill Levy) Regulations 2010

i Environment Protection (Distribution of Landfill Levy) Regulations 2010 S.R. No. 98/2010 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 1 4 Revocation 1 5 Interpretation 2 6 Landfill levy accounts 2 7 Distribution of landfill levy—1 October 2010 to 30 June 2011 3 Table 4 8 Distribution of landfill levy—from 1 July 2011 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 2010 S.R. No. 98/2010 Environment Protection Act 1970 Environment Protection (Distribution of Landfill Levy) Regulations 2010 The Governor in Council makes the following Regulations: Dated: 28 September 2010 Responsible Minister: GAVIN JENNINGS Minister for Environment and Climate Change MATTHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to specify how landfill levies are to be distributed for the purposes of section 70(6B) of the Environment Protection Act 1970. 2 Authorising provisions These Regulations are made under sections 70 and 71 of the Environment Protection Act 1970. 3 Commencement These Regulations come into operation on 30 September 2010. 4 Revocation The Environment Protection (Distribution of Landfill Levy) Regulations 2002 1 are revoked. -- 2 of 6 -- S.R. No. 98/2010 Environment Protection (Distribution of Landfill Levy) Regulations 2010 2 5 Interpretation (1) In these Regulations, the Act means the Environment Protection Act 1970. (2) A reference in these Regulations to a quarter is a reference to the period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in any year. 6 Landfill levy accounts (1) Within the Environment Protection Fund, the Authority must maintain the following two accounts— (a) a general landfill levy account; and (b) a sustainability fund account. Note The sustainability fund account is maintained in order to keep separate account of money paid into the Environment Protection Fund under section 70(3)(aba) of the Act that is not otherwise applied by regulations under section 70(6B)(a) of the Act and that is available to be applied in accordance with section 70(6B)(b) of the Act. (2) The Authority must credit to the general landfill levy account all amounts paid into the Environment Protection Fund under section 70(3)(aba) of the Act on or after 30 September 2010. (3) The Authority must pay out of the general landfill levy account any refund the Authority is required to pay under Division 3 of Part IX of the Act (other than a refund attributable to any levy paid under section 50S(2) of the Act). Note Section 70(7) of the Act provides the authorisation of these refund payments from the Environment Protection Fund. Subregulation (3) is intended to ensure that those refunds come out of the general landfill levy account rather than the sustainability fund account. r. 5 -- 3 of 6 -- S.R. No. 98/2010 Environment Protection (Distribution of Landfill Levy) Regulations 2010 3 (4) A requirement in these Regulations to pay or transfer an amount out of the general landfill levy account is to be read as requiring or authorising the payment of that amount out of the Environment Protection Fund. 7 Distribution of landfill levy—1 October 2010 to 30 June 2011 (1) In respect of each quarter in the period of 1 October 2010 to 30 June 2011, the Authority must distribute money standing to the credit of the general landfill levy account as at the end of the previous quarter in the following way— (a) it must pay the Metropolitan Waste Management Group, one third of $1 823 353; (b) it must pay a regional waste management group specified in column 1 of the following table, one third of the amount specified in column 2 of the table opposite the name of the group; (c) it must pay Sustainability Victoria, one third of $18 938 140; (d) it must pay itself, one third of $4 543 954; (e) it must transfer any remaining amount into the sustainability fund account. (2) The Authority must make all distributions required under this regulation by the 15th day of the quarter. Note The Minister, in certain circumstances, may direct the Authority to withhold any payment the Authority is required to make to a regional waste management group under this regulation—see section 50LA(2) of the Act. r. 7 -- 4 of 6 -- S.R. No. 98/2010 Environment Protection (Distribution of Landfill Levy) Regulations 2010 4 TABLE Column 1 Column 2 Barwon $248 207 Calder $221 557 Central Murray $208 232 Wimmera Mallee $161 594 Greater Gippsland $316 526 Goulburn Valley $241 544 Grampians $208 232 Highlands $231 550 Mildura $161 594 Mornington Peninsula $161 594 North Eastern $228 219 South Western $221 557 8 Distribution of landfill levy—from 1 July 2011 (1) From 1 July 2011, at the start of each quarter, the Authority must transfer into the sustainability fund account all money standing to the credit of the general landfill levy account as at the end of the previous quarter. (2) The Authority must make the transfer required under this regulation by the 15th day of the quarter. ═══════════════ r. 8 -- 5 of 6 -- S.R. No. 98/2010 Environment Protection (Distribution of Landfill Levy) Regulations 2010 5 ENDNOTES 1 Reg. 4: S.R. No. 131/2002. Endnotes -- 6 of 6 --