Environment Protection Amendment Act 2019

Authorised by the Chief Parliamentary Counsel Authorised Version i Environment Protection Amendment Act 2019 No. 27 of 2019 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 Part 2—Amendments to the Environment Protection Act 1970 3 3 Principal Act 3 4 Definitions 3 5 Pollution abatement notice 4 6 New Division 8 of Part VIIA inserted 4 7 Powers etc. of authorized officers 5 8 Regulations 5 9 Infringements 6 Part 3—Amendments to the Environment Protection Amendment Act 2018 7 10 Principal Act 7 11 Definitions 7 12 Amendment of licence or permit on application 7 13 Revocation of permission on Authority or council's initiative 8 14 Priority waste and landfill facilities 8 15 Joint publication 8 16 Renewal of registrations 8 17 Additional or alternative penalties for prohibited persons 9 18 Environment reference standards 9 19 Written statement 10 20 Litter enforcement officer may ask person's name and address 10 21 Requirement to pay waste levy 11 22 Appointment fee 11 23 Authority may review financial assurance 11 24 Enforcement of financial assurance 12 25 Authorised officers 12 26 Authorised officer may ask person's name and address 12 27 Improvement notices 12 28 Environmental action notice 12 29 Non-compliance with non-disturbance notice 13 30 Court orders 13 31 Functions of the Authority 13 -- 1 of 22 -- Section Page ii Authorised by the Chief Parliamentary Counsel 32 Decisions reviewable by VCAT 13 33 Applications for review by VCAT 13 34 Application for review by third parties 14 35 Delegation 14 36 Payments out of the Environment Protection Fund 14 37 Restorative Project Account 14 38 Sustainability Fund Account 14 39 Regulations 14 40 General transitional provisions 15 41 Schedule 1—Regulations 15 42 Schedule 2—Amount payable as waste levy 15 43 Catchment and Land Protection Act 1994 16 44 Flora and Fauna Guarantee Act 1988 16 45 New section 42A inserted 16 46 Subdivision Act 1988 17 47 Water Act 1989 17 Part 4—Repeal of amending Act 19 48 Repeal of amending Act 19 ═════════════ Endnotes 20 1 General information 20 -- 2 of 22 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Environment Protection Amendment Act 2019† No. 27 of 2019 [Assented to 10 September 2019] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to amend the Environment Protection Act 1970 to prohibit the provision of certain plastic bags by retailers; and Victoria -- 3 of 22 -- Part 1—Preliminary Environment Protection Amendment Act 2019 No. 27 of 2019 2 Authorised by the Chief Parliamentary Counsel (b) to amend the Environment Protection Act 1970 to prohibit the provision of false or misleading information relating to plastic bags by retailers, wholesalers and manufacturers; and (c) to make technical and consequential amendments to the Environment Protection Amendment Act 2018. 2 Commencement (1) Subject to subsections (2), (3) and (4), this Act comes into operation on a day or days to be proclaimed. (2) This Part and Part 3 come into operation on the day after the day on which this Act receives the Royal Assent. (3) If a provision of Part 2 does not come into operation before 1 November 2019, it comes into operation on that day. (4) If a provision of Part 4 does not come into operation before 1 December 2020, it comes into operation on that day. -- 4 of 22 -- Part 2—Amendments to the Environment Protection Act 1970 Environment Protection Amendment Act 2019 No. 27 of 2019 3 Authorised by the Chief Parliamentary Counsel Part 2—Amendments to the Environment Protection Act 1970 3 Principal Act In this Part, the Environment Protection Act 1970 is called the Principal Act. 4 Definitions (1) In section 4(1) of the Principal Act insert the following definitions— "banned plastic bag means— (a) a bag, other than an exempt plastic bag— (i) with handles; and (ii) that comprises, either wholly or partly, plastic, whether or not that plastic is biodegradable, degradable or compostable; and (iii) that has a thickness of 35 micrometres or less at any part of the bag; or (b) a prescribed banned plastic bag; barrier bag means a bag that— (a) comprises, either wholly or partly, plastic; and (b) does not have handles; and (c) is used to carry unpackaged perishable food; exempt plastic bag means a bag that comprises, either wholly or partly, plastic that— (a) is a barrier bag; or -- 5 of 22 -- Part 2—Amendments to the Environment Protection Act 1970 Environment Protection Amendment Act 2019 No. 27 of 2019 4 Authorised by the Chief Parliamentary Counsel (b) is an integral part of the packaging in which goods are sealed or provided for sale; or (c) is a prescribed exempt plastic bag;". (2) In section 4(1) of the Principal Act, the definition of plastic bag is repealed. 5 Pollution abatement notice (1) For section 31A(1)(b)(ia) of the Principal Act substitute— "(ia) section 45ZM;". (2) Section 31A(2)(e)(ia) of the Principal Act is repealed. 6 New Division 8 of Part VIIA inserted After Division 7 of Part VIIA of the Principal Act insert— "Division 8—Banned plastic bags 45ZM Retailer must not provide banned plastic bags A retailer must not sell or provide a banned plastic bag to a person to carry or transport goods sold or provided by the retailer from the retail premises. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. 45ZN Provision of false or misleading information relating to banned plastic bags A retailer or wholesaler, or a manufacturer of plastic bags, must not, whether by act or omission, provide to any other person -- 6 of 22 -- Part 2—Amendments to the Environment Protection Act 1970 Environment Protection Amendment Act 2019 No. 27 of 2019 5 Authorised by the Chief Parliamentary Counsel information that the retailer, wholesaler or manufacturer knows, or should reasonably know, is false or misleading about— (a) the composition of a banned plastic bag; or (b) whether or not a bag is a banned plastic bag; or (c) whether or not a bag is an exempt plastic bag. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units.". 7 Powers etc. of authorized officers After section 55(1)(a) of the Principal Act insert— "(ab) at any reasonable time, any retail premises; or". 8 Regulations (1) For section 71(1)(ka) of the Principal Act substitute— "(ka) prescribing banned plastic bags;". (2) For section 71(1)(kb) of the Principal Act substitute— "(kb) prescribing exempt plastic bags;". (3) Section 71(1)(kc), (kd), (ke), (kf) and (kg) of the Principal Act are repealed. -- 7 of 22 -- Part 2—Amendments to the Environment Protection Act 1970 Environment Protection Amendment Act 2019 No. 27 of 2019 6 Authorised by the Chief Parliamentary Counsel 9 Infringements In Schedule A to the Principal Act, after "section 45ZB(3) 8 penalty units" insert— "An offence under section 45ZM 10 penalty units (in the case of a body corporate) 2 penalty units (in any other case)". -- 8 of 22 -- Part 3—Amendments to the Environment Protection Amendment Act 2018 Environment Protection Amendment Act 2019 No. 27 of 2019 7 Authorised by the Chief Parliamentary Counsel Part 3—Amendments to the Environment Protection Amendment Act 2018 10 Principal Act In this Part, the Environment Protection Amendment Act 2018 is called the Principal Act. 11 Definitions In section 6(9) of the Principal Act, in the proposed definition of resource recovery in section 3(1) of the Environment Protection Act 2017 omit "any". 12 Amendment of licence or permit on application In section 7 of the Principal Act, for proposed section 57(5) of the Environment Protection Act 2017 substitute— "(5) A decision under subsection (4) must be made within— (a) in the case of an application to amend a licence, 42 business days after receiving the application; or (b) in the case of an application to amend a permit made to the Authority— (i) any prescribed period not exceeding 42 business days after receiving the application; or (ii) if no period is prescribed, 15 business days after receiving the application; or (c) in the case of an application to amend a permit made to a council, the prescribed period.". -- 9 of 22 -- Part 3—Amendments to the Environment Protection Amendment Act 2018 Environment Protection Amendment Act 2019 No. 27 of 2019 8 Authorised by the Chief Parliamentary Counsel 13 Revocation of permission on Authority or council's initiative (1) In section 7 of the Principal Act, proposed section 61(1)(e) of the Environment Protection Act 2017 is repealed. (2) In section 7 of the Principal Act, in proposed section 61(1)(f) of the Environment Protection Act 2017, for "(f)" substitute "(e)". (3) In section 7 of the Principal Act, for proposed section 61(2) of the Environment Protection Act 2017 substitute— "(2) The Authority or a council may revoke a permission issued or granted by it if the Authority or council considers that the holder of the permission— (a) is no longer required to hold the permission; or (b) no longer engages in the permission activity.". 14 Priority waste and landfill facilities In section 7 of the Principal Act, in proposed section 67 of the Environment Protection Act 2017, for "deposit of" substitute "receiving". 15 Joint publication In section 7 of the Principal Act, in proposed section 70(a) of the Environment Protection Act 2017, for "public works" (where twice occurring) substitute "works". 16 Renewal of registrations (1) In section 7 of the Principal Act, for proposed section 86(4) of the Environment Protection Act 2017 substitute— -- 10 of 22 -- Part 3—Amendments to the Environment Protection Amendment Act 2018 Environment Protection Amendment Act 2019 No. 27 of 2019 9 Authorised by the Chief Parliamentary Counsel "(4) On receiving an application for the renewal of a registration that complies with this section, the Authority is taken to have renewed the registration subject to the standard conditions to which the registration was subject before the renewal. (5) Within 10 business days after receiving an application for the renewal of a registration that complies with this section, the Authority must notify the applicant— (a) that the registration has been renewed; and (b) of the standard conditions to which the renewed registration is subject.". (2) In section 7 of the Principal Act, in proposed section 86 of the Environment Protection Act 2017— (a) for "(5)" substitute "(6)"; (b) for "(6)" substitute "(7)". 17 Additional or alternative penalties for prohibited persons In section 7 of the Principal Act, in proposed section 89(2) of the Environment Protection Act 2017, for "section Part 11.8" substitute "Part 11.8". 18 Environment reference standards (1) In section 7 of the Principal Act, in proposed section 93(2) of the Environment Protection Act 2017 omit "that specify the environmental condition and uses of the environment". (2) In section 7 of the Principal Act, in proposed section 93(3) of the Environment Protection Act 2017— -- 11 of 22 -- Part 3—Amendments to the Environment Protection Amendment Act 2018 Environment Protection Amendment Act 2019 No. 27 of 2019 10 Authorised by the Chief Parliamentary Counsel (a) in paragraph (d), for "applies; and" substitute "applies."; (b) paragraph (e) is repealed. (3) In section 7 of the Principal Act, after proposed section 93(3) of the Environment Protection Act 2017 insert— "(4) An environment reference standard may specify indicators and objectives to be used to measure whether an environmental value specified in the environment reference standard is being achieved or maintained.". (4) In section 7 of the Principal Act, in proposed section 93(4) of the Environment Protection Act 2017— (a) for "(4)" substitute "(5)"; (b) for "subsection (3)(e)" substitute "subsection (4)". 19 Written statement In section 7 of the Principal Act, in proposed section 118(2)(b)(ii) of the Environment Protection Act 2017, for "saw another person who" substitute "reasonably believes that another person". 20 Litter enforcement officer may ask person's name and address (1) In section 7 of the Principal Act, in proposed section 125(3) of the Environment Protection Act 2017— (a) for "A person" substitute "A natural person"; (b) omit "In the case of a natural person,". -- 12 of 22 -- Part 3—Amendments to the Environment Protection Amendment Act 2018 Environment Protection Amendment Act 2019 No. 27 of 2019 11 Authorised by the Chief Parliamentary Counsel (2) In section 7 of the Principal Act, in proposed section 125(4) of the Environment Protection Act 2017— (a) for "A person" substitute "A natural person"; (b) omit "In the case of a natural person,". (3) In section 7 of the Principal Act, in proposed section 125(6) of the Environment Protection Act 2017— (a) for "A person" substitute "A natural person"; (b) omit "In the case of a natural person,". 21 Requirement to pay waste levy (1) In section 7 of the Principal Act, in proposed section 145(1) and (2) of the Environment Protection Act 2017, for "deposited on to land" substitute "received". (2) In section 7 of the Principal Act, in proposed section 145(4)(b) of the Environment Protection Act 2017, for "deposited" substitute "received". 22 Appointment fee (1) In section 7 of the Principal Act, in the heading to proposed section 196 of the Environment Protection Act 2017, for "Appointment" substitute "Application". (2) In section 7 of the Principal Act, in proposed section 196 of the Environment Protection Act 2017, for "appointment" (where twice occurring) substitute "application". 23 Authority may review financial assurance In section 7 of the Principal Act, in proposed section 225(2)(f) of the Environment Protection Act 2017, after "review of the" insert "form or". -- 13 of 22 -- Part 3—Amendments to the Environment Protection Amendment Act 2018 Environment Protection Amendment Act 2019 No. 27 of 2019 12 Authorised by the Chief Parliamentary Counsel 24 Enforcement of financial assurance In section 7 of the Principal Act, in proposed section 234(2)(a) of the Environment Protection Act 2017, after "permission" (where first occurring) insert "issued or". 25 Authorised officers (1) In section 7 of the Principal Act, in proposed section 242(1) of the Environment Protection Act 2017, for "officer of employee" substitute "officer or employee". (2) In section 7 of the Principal Act, in proposed section 242(2) of the Environment Protection Act 2017 omit "in writing". 26 Authorised officer may ask person's name and address In section 7 of the Principal Act, in proposed section 259(3) of the Environment Protection Act 2017— (a) for "a person" substitute "a natural person"; (b) omit "In the case of a natural person,". 27 Improvement notices In section 7 of the Principal Act, in proposed section 271(1)(b) of the Environment Protection Act 2017, after "permission" insert "issued or". 28 Environmental action notice In section 7 of the Principal Act, in proposed section 274(4) of the Environment Protection Act 2017— (a) after "The Authority" insert "or an authorised officer"; (b) for "it" (where first occurring) substitute "the Authority or the authorised officer". -- 14 of 22 -- Part 3—Amendments to the Environment Protection Amendment Act 2018 Environment Protection Amendment Act 2019 No. 27 of 2019 13 Authorised by the Chief Parliamentary Counsel 29 Non-compliance with non-disturbance notice In section 7 of the Principal Act, in the Note at the foot of proposed section 293(1) of the Environment Protection Act 2017, for "section subsection (1)" substitute "subsection (1)". 30 Court orders In section 7 of the Principal Act, in proposed section 309(1)(a) of the Environment Protection Act 2017, after "permission" insert "issued or". 31 Functions of the Authority In section 12 of the Principal Act, in proposed section 358(e) of the Environment Protection Act 2017, for "the human" substitute "human". 32 Decisions reviewable by VCAT (1) In section 18 of the Principal Act, in item 5 of the Table to proposed section 430(4) of the Environment Protection Act 2017, for "(6)" substitute "(7)". (2) In section 18 of the Principal Act, after item 18 of the Table to proposed section 430(4) of the Environment Protection Act 2017 insert— "18A. 121(6) Person to whom notice under section 121(6) issued". (3) In section 18 of the Principal Act, in item 23 of the Table to proposed section 430(4) of the Environment Protection Act 2017, after "200(1)" insert ", (2)". 33 Applications for review by VCAT In section 18 of the Principal Act, in proposed section 431(3)(a) of the Environment Protection Act 2017, for "public works" (where twice occurring) substitute "works". -- 15 of 22 -- Part 3—Amendments to the Environment Protection Amendment Act 2018 Environment Protection Amendment Act 2019 No. 27 of 2019 14 Authorised by the Chief Parliamentary Counsel 34 Application for review by third parties In section 18 of the Principal Act, in proposed section 434(5)(a) of the Environment Protection Act 2017, for "public works" (where twice occurring) substitute "works". 35 Delegation In section 18 of the Principal Act, in proposed section 437(1) of the Environment Protection Act 2017 omit "in writing". 36 Payments out of the Environment Protection Fund In section 18 of the Principal Act, in proposed section 445(1)(a) of the Environment Protection Act 2017, for "used" substitute "applied". 37 Restorative Project Account In section 18 of the Principal Act, in proposed section 447(3) of the Environment Protection Act 2017, for "used" (where twice occurring) substitute "applied". 38 Sustainability Fund Account (1) In section 18 of the Principal Act, in proposed section 449(3) of the Environment Protection Act 2017, for "used" substitute "applied". (2) In section 18 of the Principal Act, in proposed section 449(4) of the Environment Protection Act 2017, for "use" substitute "application". 39 Regulations In section 18 of the Principal Act, in proposed section 465(2)(c)(i) of the Environment Protection Act 2017, for "the doing" substitute "doing". -- 16 of 22 -- Part 3—Amendments to the Environment Protection Amendment Act 2018 Environment Protection Amendment Act 2019 No. 27 of 2019 15 Authorised by the Chief Parliamentary Counsel 40 General transitional provisions In section 18 of the Principal Act, in proposed section 469 of the Environment Protection Act 2017, for "Part" (wherever occurring) substitute "Chapter". 41 Schedule 1—Regulations In section 23 of the Principal Act, after item 6.11 of proposed Schedule 1 to the Environment Protection Act 2017 insert— "6.11A Prohibiting the provision of false or misleading information relating to plastic products, plastic packaging or plastic bags.". 42 Schedule 2—Amount payable as waste levy (1) In section 23 of the Principal Act, in Table 1 in proposed Schedule 2 to the Environment Protection Act 2017, for "deposited" substitute "received". (2) In section 23 of the Principal Act, in the Note at the foot of Table 1 in proposed Schedule 2 to the Environment Protection Act 2017, for "deposited" substitute "received". (3) In section 23 of the Principal Act, in Table 2 in proposed Schedule 2 to the Environment Protection Act 2017, for "deposited" substitute "received". (4) In section 23 of the Principal Act, in the Note at the foot of Table 2 in proposed Schedule 2 to the Environment Protection Act 2017— (a) for "the deposit of" substitute "receiving"; (b) for "the deposit to landfill of Category A waste" substitute "receiving Category A waste at a landfill"; (c) for "deposited" substitute "received". -- 17 of 22 -- Part 3—Amendments to the Environment Protection Amendment Act 2018 Environment Protection Amendment Act 2019 No. 27 of 2019 16 Authorised by the Chief Parliamentary Counsel 43 Catchment and Land Protection Act 1994 For section 32(2) of the Principal Act substitute— '(2) For section 48B(c) of the Catchment and Land Protection Act 1994 substitute— "(c) take account of any relevant environment reference standard within the meaning of the Environment Protection Act 2017 or any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017.".'. 44 Flora and Fauna Guarantee Act 1988 In section 37 of the Principal Act— (a) for "section 38(c)" substitute "section 41B(c)"; (b) in proposed section 41B(c) of the Flora and Fauna Guarantee Act 1988 omit "and give effect to". 45 New section 42A inserted After section 42 of the Principal Act insert— '42A Marine and Coastal Act 2018 (1) Insert the following definitions in section 3 of the Marine and Coastal Act 2018— "environment reference standard has the same meaning as in the Environment Protection Act 2017; environmental value has the same meaning as in the Environment Protection Act 2017;". -- 18 of 22 -- Part 3—Amendments to the Environment Protection Amendment Act 2018 Environment Protection Amendment Act 2019 No. 27 of 2019 17 Authorised by the Chief Parliamentary Counsel (2) In paragraph (c) of the definition of applicable Act in section 3 of the Marine and Coastal Act 2018, for "Protection Act 1970" substitute "Protection Act 2017". (3) In section 50 of the Marine and Coastal Act 2018— (a) in paragraph (a), for "beneficial uses" substitute "environmental values"; (b) in paragraph (b), for "State environment protection policy" substitute "environment reference standard".'. 46 Subdivision Act 1988 In section 54 of the Principal Act, in proposed section 41B(c) of the Subdivision Act 1988— (a) omit "and give effect to"; (b) for "environmental" substitute "environment". 47 Water Act 1989 For section 61 of the Principal Act substitute— '61 Water Act 1989 (1) After section 33J(2)(h) of the Water Act 1989 insert— "(ha) any environment reference standard within the meaning of the Environment Protection Act 2017 and any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017; and". -- 19 of 22 -- Part 3—Amendments to the Environment Protection Amendment Act 2018 Environment Protection Amendment Act 2019 No. 27 of 2019 18 Authorised by the Chief Parliamentary Counsel (2) After section 40(1)(j) of the Water Act 1989 insert— "(jaa) any environment reference standard within the meaning of the Environment Protection Act 2017 and any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017;". (3) After section 48F(1)(d) of the Water Act 1989 insert— "(da) any environment reference standard within the meaning of the Environment Protection Act 2017 and any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017;". (4) In section 305B of the Water Act 1989, for "and give effect to any relevant State environment protection policy declared in any Order made by the Governor in Council under section 16 of the Environment Protection Act 1970" substitute "any environment reference standard within the meaning of the Environment Protection Act 2017 and any Order made by the Governor in Council under section 156 of the Environment Protection Act 2017".'. -- 20 of 22 -- Part 4—Repeal of amending Act Environment Protection Amendment Act 2019 No. 27 of 2019 19 Authorised by the Chief Parliamentary Counsel Part 4—Repeal of amending Act 48 Repeal of amending Act This Act is repealed on 1 December 2021. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═════════════ -- 21 of 22 -- Endnotes Environment Protection Amendment Act 2019 No. 27 of 2019 20 Authorised by the Chief Parliamentary Counsel 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: 20 June 2019 Legislative Council: 15 August 2019 The long title for the Bill for this Act was "A Bill for an Act to amend the Environment Protection Act 1970 to prohibit the provision of certain plastic bags and to prevent the provision of misleading information relating to plastic bags and to make technical and consequential amendments to the Environment Protection Amendment Act 2018 and for other purposes." -- 22 of 22 --