Environment Protection (Resource Efficiency) Act 2002

i Environment Protection (Resource Efficiency) Act 2002 Act No. 37/2002 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY MATTERS 1 1. Purposes 1 2. Commencement 2 PART 2—IMPROVING RESOURCE USE EFFICIENCY AND REDUCING ECOLOGICAL IMPACT 3 3. Additional Authority function 3 4. Change to heading 3 5. Insertion of Division 1A into Part IX 3 Division 1A—Sustainability Covenants 3 49AA. Sustainability covenants 3 49AB. Meaning of "member of an industry" 4 49AC. Authority may enter into sustainability covenants 4 49AD. Declaration that industry may have a significant impact on the environment 5 49ADA. Declaration may be disallowed 5 49AE. Procedure to be followed before recommendation made 6 49AF. Authority may require statement of ecological impact 8 49AG. Statement of ecological impact may also be required if industry fails to create covenant 9 49AH. Requirement to take action to address major inefficiencies or impacts 10 49AI. How requirements under sections 49AF, 49AG and 49AH are to be made 12 49AJ. Restriction concerning public notice requirements 13 49AK. How statements of ecological impact to be produced 13 49AL. Authority may amend requirement 13 49AM. Offence to fail to comply with Authority requirement 14 49AN. Guidelines for the production of statements 15 49AO. Authority may conduct audits 18 49AP. Listing of covenants and statements to be kept 18 6. Reviews by Tribunal 19 -- 1 of 89 -- Section Page ii 7. Insertion of section 36BA 19 36BA. Reviews in respect of section 49AF, 49AH or 49AL requirements 19 8. Failure to comply with Part IX Division 1A requirement to be an infringement 19 PART 3—WASTE MANAGEMENT AND RESOURCE RECOVERY 21 Division 1—Definitions and Waste Management Policies 21 9. Definitions 21 10. Insertion of section 16A 22 16A. Waste management policy 22 11. Consequential amendments 23 12. Insertion of section 18E 25 18E. Saving of former industrial waste management policies 25 Division 2—EcoRecycle Victoria 25 13. Changes to the functions of EcoRecycle Victoria 25 14. Additional ground of dismissal for EcoRecycle Victoria members 26 15. Annual business plan of EcoRecycle Victoria 27 16. Minor consequential amendment 27 17. Insertion of Division 2AA into Part IX 27 Division 2AA—Solid Industrial Waste Management Plans 27 49L. Preparation and content of plans 27 49M. Consultation must occur before plan finalised 29 49N. Who must comply with plans 30 49O. Life of plan 31 49P. Amendment of plans 31 49Q. Review of plans 31 49R. Authority may refuse works approval etc. if facility is inconsistent with plan 31 Division 3—Regional Waste Management Groups 32 18. Clarification of status of section 50F groups 32 19. Clarification of status of section 50G groups 32 20. Functions and powers of regional waste management groups 33 21. Change to who may govern a regional waste management group 34 22. Membership of a regional waste management group 35 23. Insertion of section 50KA 35 50KA. Staff 35 24. Annual business plan 35 -- 2 of 89 -- Section Page iii 25. Insertion of section 50LB 36 50LB. Minister may give directions to regional waste management group 36 26. Substitution of sections 50O and 50P 36 50O. Restriction on commercial activities 36 50P. Divestment of commercial properties 37 27. Preparation and content of regional waste management plans 37 28. Additional people who must comply with regional waste management plans 38 29. Insertion of section 50RAA 38 50RAA. Consultation must occur before plan finalised 38 30. Changes concerning consequences of not complying with plans 40 31. Amendment to the Local Government Act 1989 40 Division 4—Landfill Levy 40 32. Landfill levy—amount payable 40 33. Changes concerning the landfill levy on industrial waste 42 34. Repeal of spent provisions 42 35. Abolition of Resource Recovery Fund 42 36. Insertion of sections 70A–70D 44 70A. Restrictions concerning the distribution of money derived from the general landfill levy 44 70B. Priority statement 45 70C. Restrictions concerning section 70A(b) guidelines 46 70D. Advisory panel in relation to section 70A(c) 47 37. Minor and consequential amendments 48 PART 4—LITTER 49 38. Definitions 49 39. Additional reference section 50 40. Insertion of Part VIIA 51 PART VIIA—LITTER AND MATERIAL THAT MAY BECOME LITTER 51 Division 1—Preliminary Matters 51 45A. Object of Part 51 45B. Definitions 51 45C. Governor in Council may declare body to be a litter authority 52 45D. Part does not apply to environment protection offences 52 Division 2—Littering Offences 52 45E. Deposit of litter generally 52 45F. Aggravated littering 53 -- 3 of 89 -- Section Page iv 45G. Owners, drivers etc. of vehicles from which litter deposited liable for littering 54 45H. Other exceptions to section 45G 55 45I. Form of statutory declaration 56 45J. Notice to accompany charges using section 45G 56 Division 3—Offences Concerning Material That May Become Litter 57 45K. Meaning of unsolicited document 57 45L. Unsolicited documents must be put in mailboxes etc. 57 45M. Advertising material not to be deposited in certain mailboxes etc. 58 45N. Leaflets etc. not to be placed on vehicles 59 45O. Bill posting not to occur without consent 59 45P. Advertiser must disclose name of distributor 59 45Q. Distributor must disclose name of depositor 60 45R. Person who commissions document must ensure that it does not become litter 60 Division 4—Other Offences 61 45S. Offence to ask person to commit offence 61 45T. Offence to deface or set fire to public litter receptacles 61 45U. Offences concerning the loading of vehicles 61 Division 5—Removal of Litter and Disorderly Things 62 45V. Litterer must remove litter if asked 62 45W. Court may order removal of litter 62 45X. Person may be directed to remove litter 63 45Y. Person may be directed to remove disorderly etc. objects or things 65 45Z. Authority may remove litter or object or thing if direction not complied with 66 45ZA. Occupier may recover cost of removing litter from litterer 67 Division 6—Prevention of Litter 67 45ZB. Litter abatement notice 67 45ZC. Period for which notice remains in force 68 45ZD. Form of notice 68 45ZE. Amendment or revocation of notice 68 Division 7—Particular Litter Enforcement Powers 69 45ZF. Powers of entry of litter enforcement officers 69 45ZG. Requirement to give name and address 69 45ZH. Officers must identify themselves 70 45ZI. Litter enforcement officer may require certain people to give information 71 -- 4 of 89 -- Section Page v 45ZJ. Officer may require information to be in writing 72 45ZK. Reports of offences 73 45ZL. Savings provisions 73 41. Reviews by Tribunal 74 42. Insertion of section 36AA 75 36AA. Reviews in respect of section 45Y directions and litter abatement notices 75 43. Insertion of sections 57B—57D 76 57B. Certificate concerning ownership of vehicle 76 57C. Certificate concerning litter offences 76 57D. Certificate concerning presence of junk mail sign 77 44. Widening of notice requirement 79 45. Who may take proceedings 79 46. Who may issue infringement notices 80 47. Litter penalties to be paid to prosecutors 80 48. Use of penalty money 81 49. Infringement offences 81 50. Repeal of the Litter Act 1987 82 51. Consequential amendments to other Acts 82 PART 5—MISCELLANEOUS AMENDMENTS 83 52. Repeal of minimum penalty 83 53. Witnessing of statements—Magistrates' Court Act 83 ═══════════════ ENDNOTES 84 -- 5 of 89 -- 1 Environment Protection (Resource Efficiency) Act 2002 † [Assented to 18 June 2002] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY MATTERS 1. Purposes The main purposes of this Act are— (a) to amend the Environment Protection Act 1970— (i) to promote the establishment of voluntary sustainability covenants to improve the efficiency of resource use Victoria No. 37 of 2002 -- 6 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 2 and to reduce impacts on the environment; and (ii) to improve the operation of the provisions of that Act dealing with waste management and resource recovery; and (b) to repeal the Litter Act 1987 and to re-enact, with changes, the provisions of that Act in the Environment Protection Act 1970; and (c) to make minor amendments to the Local Government Act 1989 and the Magistrates' Court Act 1989. 2. Commencement (1) This Part and Parts 2, 4 and 5 and Division 1 of Part 3 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Divisions 2 and 3 of Part 3 and sections 32 and 33 come into operation on 1 July 2002. (3) Subject to sub-section (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (4) If a provision of this Act does not come into operation before 1 January 2004, it comes into operation on that day. __________________ s. 2 -- 7 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 3 PART 2—IMPROVING RESOURCE USE EFFICIENCY AND REDUCING ECOLOGICAL IMPACT 3. Additional Authority function After section 13(1)(cc) of the Environment Protection Act 1970 insert— "(cd) to promote continuing— (i) improvements in the efficiency with which resources are used, having regard to the principles of environment protection, in industrial enterprises and processes; and (ii) reductions in the ecological impacts of industrial enterprises and processes;". 4. Change to heading For the heading to Part IX of the Environment Protection Act 1970 substitute— "PART IX—RESOURCE EFFICIENCY". 5. Insertion of Division 1A into Part IX After section 49 of the Environment Protection Act 1970 insert— 'Division 1A—Sustainability Covenants 49AA. Sustainability covenants A sustainability covenant is an agreement under which a person or body undertakes— (a) to increase the efficiency with which the person or body uses resources to produce products or services; and (b) to reduce the ecological impact of those products or services and of the processes by which they are produced. s. 3 See: Act No. 8056. Reprint No. 13 as at 1 October 2000 and amending Act Nos 7/2001, 11/2001 and 44/2001. LawToday: www.dms. dpc.vic. gov.au -- 8 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 4 49AB. Meaning of "member of an industry" For the purposes of this Division, a person is a member of an industry if the person is in control (whether as owner, occupier, lessee, hirer, employer or otherwise) of any process used to produce, or that may be used to produce, any of the products or services that the industry produces. 49AC. Authority may enter into sustainability covenants (1) The Authority may become a signatory to a sustainability covenant for an industry if— (a) in the opinion of the Authority, the covenant is, or is likely to be, effective in increasing the resource use efficiency, or reducing the ecological impact, of the industry; and (b) the covenant will be readily accessible to the public and will be published on the Internet; and (c) the covenant authorises the copying of all or any part of the covenant by any person who wishes to do so and also authorises the use by such a person of any copies made by the person. (2) If the Authority agrees or undertakes to provide any benefit to a person or body because the person or body is a signatory to a sustainability covenant, the Authority must publish a copy of the agreement or undertaking on the Internet within 3 days after entering into the agreement or undertaking. s. 5 -- 9 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 5 49AD. Declaration that industry may have a significant impact on the environment (1) The Governor in Council, on the recommendation of the Authority, may declare that an industry has the potential to have a significant impact on the environment. (2) A declaration has no effect until it is published in the Government Gazette. (3) In making a declaration the Governor in Council may define the industry to which the declaration applies in any manner that the Governor in Council considers to be appropriate. (4) Without limiting sub-section (3), the Governor in Council may define part of an industry to be an industry for the purposes of the declaration. (5) The Governor in Council, on the recommendation of the Authority, may amend or revoke a declaration by notice published in the Government Gazette. (6) The Authority may not recommend to the Governor in Council that a declaration under this section be made in respect of a primary production industry. (7) For the purposes of sub-section (6), a primary production industry is an industry that is solely or substantially engaged in agricultural, horticultural, viticultural, fishing or similar activities. 49ADA. Declaration may be disallowed (1) On or before the 6th sitting day after a declaration made under section 49AD is published in the Government Gazette, the s. 5 -- 10 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 6 Minister must ensure that a copy of the declaration is laid before each House of the Parliament. (2) A failure to comply with sub-section (1) does not affect the operation or effect of the declaration but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of the Parliament. (3) A declaration may be disallowed in whole or in part by either House of Parliament. (4) Part 5 of the Subordinate Legislation Act 1994 applies to a declaration as if— (a) a reference in that Part to a "statutory rule" was a reference to the declaration; and (b) a reference in section 23(1)(c) of that Part to "section 15(1)" was a reference to sub-section (1). 49AE. Procedure to be followed before recommendation made (1) Before recommending that the Governor in Council make or amend a declaration under section 49AD in respect of an industry, the Authority— (a) must publish a statement, on the Authority's Internet site and in a newspaper circulating generally throughout Victoria, that it is intending to make the recommendation; and (b) must outline in that statement— (i) the reasons for its intention; and (ii) if a sustainability covenant already exists for the industry, any s. 5 -- 11 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 7 outcomes achieved under that covenant; and (c) must advise where a copy of the full reasons for its intention can be obtained or examined; and (d) must include with the statement a further statement inviting anyone with an interest in the matter to make comments to the Authority within 21 days after the date of publication of the statement; and (e) must consider any comments that are made in response to the invitation. (2) Sub-section (1) does not apply to a declaration— (a) that revokes an existing declaration; or (b) that amends an existing declaration if the amendment is of a machinery or administrative nature. (3) The Authority must publish on its Internet site— (a) a summary of the submissions it receives in response to an invitation made under sub-section (1); and (b) its response to those submissions. (4) The Authority must also give a copy of its response to each person who lodged a separate submission (or in the case of a submission made on behalf of a number of people, to a nominated representative of those people). (5) The Authority must, on request, provide a copy of any comment that it receives in s. 5 -- 12 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 8 response to an invitation made under sub- section (1) to any member of Parliament. 49AF. Authority may require statement of ecological impact (1) This section applies if— (a) a declaration is in force under section 49AD in respect of an industry; and (b) there is a sustainability covenant with respect to the industry; and (c) the Authority is a signatory to the covenant; and (d) a person who is a member of the industry either— (i) is not a signatory to the covenant; or (ii) is a signatory to the covenant, but has been determined by the processes set out in the covenant not to be meeting one or more undertakings made by the person in entering the covenant. (2) The Authority may require the person to produce a statement that assesses, in relation to any enterprise or process controlled by the person in the industry— (a) what resources the enterprise or process is using and in what quantities those resources are being used; and (b) how the resource use efficiency of the enterprise or process can be improved; and s. 5 -- 13 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 9 (c) the actual or potential ecological impacts of the enterprise or process and of the products or services produced by the enterprise or process; and (d) how those impacts can be reduced. (3) In making such a requirement, the Authority may also require that the statement, or specified parts of the statement, be published publicly in a specified type of publication or forum. 49AG. Statement of ecological impact may also be required if industry fails to create covenant (1) This section applies if— (a) a declaration is in force under section 49AD in respect of an industry; and (b) the Authority, is of the opinion, after having consulted with the members of the industry, that an insufficient number of the members of the industry are prepared to create and enter into an effective sustainability covenant to make such a covenant viable. (2) The Authority may require each member of the industry to produce a statement that assesses, in relation to each enterprise or process controlled by the member in the industry— (a) what resources the enterprise or process is using and in what quantities those resources are being used; and (b) how the resource use efficiency of the enterprise or process can be improved; and (c) the actual or potential ecological impacts of the enterprise or process and s. 5 -- 14 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 10 of the products or services produced by the enterprise or process; and (d) how those impacts can be reduced. (3) In making such a requirement, the Authority may also require that the statement, or specified parts of the statement, be published publicly in a specified type of publication or forum. (4) In imposing a requirement on a member of an industry under this section, the Authority must impose the same requirement on each other member of the industry, unless, in any particular case, no purpose would be served in doing so. 49AH. Requirement to take action to address major inefficiencies or impacts (1) This section applies if a statement produced in accordance with a requirement made under section 49AF or 49AG states— (a) that an enterprise or process is a significant user of resources and that the resource use efficiency of the enterprise or process can be improved; or (b) that an enterprise or process has, or the products or services produced by an enterprise or process have, major actual or potential ecological impacts and that those impacts can be reduced. (2) The Authority may require the person who was required to produce the statement, in relation to the enterprise, process, products or services— s. 5 -- 15 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 11 (a) to produce a plan of proposed actions to implement the resource use efficiency improvements or ecological impact reductions identified in the statement; and (b) to specify in the plan the key actions that are to be undertaken and the timeframes within which those actions are to be taken; and (c) to specify in the plan resource efficiency or ecological impact reduction targets; and (d) to specify in the plan a method for monitoring compliance with the plan (which may include the public reporting of the results of that monitoring); and (e) to implement the plan; and (f) to take any specified action under the plan that has not been taken. (3) The Authority may also require the person, in relation to the enterprise, process, products or services— (a) to assess alternative practices and product stewardship approaches to improve the use efficiency of specified resources or to reduce any ecological impacts identified by the Authority; and (b) to take specified actions to meet specified resource efficiency, or ecological impact reduction, targets; and (c) to publicly report in a specified type of publication or forum specified information in relation to resource s. 5 -- 16 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 12 efficiency or ecological impact reduction; and (d) to undertake specified audits using an environmental auditor, and to report the results of those audits, in relation to resource efficiency or ecological impact reduction. (4) In the case of a statement produced in accordance with a requirement made under section 49AF, the Authority may also require the person to do anything else that the person would be obliged to do under the sustainability covenant referred to in section 49AF(1)(a) if the person was a signatory to the covenant and was honouring the obligations that would, or that could reasonably be expected to, apply to the person under the covenant. 49AI. How requirements under sections 49AF, 49AG and 49AH are to be made (1) A requirement under section 49AF, 49AG or 49AH must be made by the Authority by serving a written notice on the person on whom the requirement is to be imposed that sets out— (a) the requirement that the person must comply with; and (b) by when the requirement must be complied with; and (c) in the case of a requirement made under section 49AF or 49AH, a copy of section 36BA. s. 5 -- 17 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 13 (2) In specifying by when a requirement must be complied with, the Authority must not specify a date that is less than 30 days after the day on which the notice is served. 49AJ. Restriction concerning public notice requirements In requiring a person to publicly publish any information under section 49AF, 49AG or 49AH, the Authority cannot require the person to publish any information that is of a confidential or commercially sensitive nature. 49AK. How statements of ecological impact to be produced A person who is required to produce a statement under section 49AF or 49AG— (a) must produce the statement in accordance with any specified guidelines made under section 49AN; and (b) must ensure that the statement is accompanied by a certificate signed by an environmental auditor stating that the statement has been produced in compliance with those guidelines; and (c) must give a copy of the statement to the Authority. 49AL. Authority may amend requirement (1) The Authority may at any time, in relation to any requirement imposed by it under section 49AF, 49AG or 49AH— (a) revoke or amend the requirement; or s. 5 -- 18 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 14 (b) extend the period within which the requirement must be complied with; or (c) waive a time limit imposed in relation to the requirement and impose a new time limit in relation to that requirement. (2) The revocation, amendment, extension or waiver must be made by the Authority by serving a written notice on the person on whom the requirement was imposed. (3) If a requirement imposed under section 49AF, 49AG or 49AH is amended less than 30 days before it is to be complied with, the Authority must extend the time limit applying to the requirement to ensure that the person who has to comply with it has at least 30 days within which to comply with it. (4) In the case of a requirement imposed under section 49AG, the Authority must not exercise any power conferred on it by this section in a way that discriminates between the members of the industry on whom the requirement was imposed. (5) Sub-section (4) also applies to requirements imposed under section 49AH if those requirements arise from a statement produced in response to a requirement imposed under section 49AG. 49AM. Offence to fail to comply with Authority requirement (1) A person on whom a requirement is imposed by the Authority under section 49AF, 49AG or 49AH— (a) must comply with the requirement; and s. 5 -- 19 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 15 (b) must do so within the time specified by the Authority in the notice imposing the requirement, or in any notice served under section 49AL (whichever is the later); and (c) must comply with section 49AK in complying with the requirement. (2) A person who contravenes sub-section (1) is guilty of an indictable offence and is liable to a penalty not exceeding 2400 penalty units. (3) A person who contravenes sub-section (1) is also liable to an additional daily penalty of 1200 penalty units for each day the offence continues after the person— (a) is convicted of the offence; or (b) is served with a written notice by the Authority stating that, in the opinion of the Authority, the person is contravening sub-section (1). 49AN. Guidelines for the production of statements (1) The Authority may produce and publish guidelines concerning— (a) product stewardship approaches; (b) how to assess the resource use efficiency or ecological impact of all or part of an industry or of any enterprise, process, product or service; (c) how resource use efficiencies may be made and how ecological impacts may be reduced; (d) how a statement of the resource use efficiency and the ecological impact of any enterprise, process, product or service is to be produced. s. 5 -- 20 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 16 (2) Without limiting the matters that may be dealt with in the guidelines, the guidelines may— (a) specify measures and methods for determining for the purposes of this Division whether an enterprise or process is, or has the potential to become, a significant resource user; (b) specify measures and methods for determining whether the resource use efficiency of an enterprise or process can be improved; (c) specify measures and methods for determining for the purposes of this Division whether an enterprise, process, product or service has significant actual or potential ecological impacts; (d) specify measures and methods for determining whether the ecological impact of an enterprise, process, product or service can be reduced. (3) The guidelines may apply generally, or to a specified industry, or both generally in some respects and to particular industries in other respects. (4) Before publishing a guideline under this section, the Authority— (a) must advertise, in a newspaper circulating generally throughout Victoria, that it has prepared a draft guideline; and (b) must include in the advertisement— (i) an outline of the draft guideline; and s. 5 -- 21 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 17 (ii) advice as to where a copy of the draft guideline can be obtained or examined; and (iii) a statement inviting anyone with an interest in the matter to make comments to the Authority within 21 days after the date of publication of the advertisement; and (c) must publish on the Authority's Internet site a copy of the draft guideline and a copy of the statement required by paragraph (b)(iii); and (d) must consider any comments that are made in response to the invitation made under paragraph (b)(iii) and (c). (5) Sub-section (4) does not apply to a guideline— (a) that revokes an existing guideline; or (b) that amends an existing guideline if the amendment is of a machinery or administrative nature. (6) A guideline has no effect until notice of its making is published in the Government Gazette. (7) On or before the 6th sitting day after notice of the making of a guideline is published in the Government Gazette, the Minister must ensure that a copy of the guideline is laid before each House of the Parliament. (8) A failure to comply with sub-section (7) does not affect the operation or effect of the guideline but the Scrutiny of Acts and Regulations Committee of the Parliament s. 5 -- 22 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 18 may report the failure to each House of the Parliament. (9) A guideline may be disallowed in whole or in part by either House of Parliament. (10) 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 sub-section (7). 49AO. Authority may conduct audits For the purposes of this Division, the Authority may undertake audits— (a) to provide an assessment of the ecological impact of an industry or part of an industry; (b) to provide an assessment of product stewardship approaches; (c) to determine where resource use efficiencies may be gained and where ecological impacts may be reduced. 49AP. Listing of covenants and statements to be kept (1) The Authority must establish and maintain a list of— (a) the sustainability covenants to which it is a signatory; and (b) the statements that have been produced in accordance with a requirement made under section 49AF or 49AG. -- 23 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 19 (2) The Authority must ensure that the list is published on its Internet site and that it is updated on a regular basis.'. 6. Reviews by Tribunal (1) In section 32(1) of the Environment Protection Act 1970— (a) in paragraph (f), omit "and"; (b) after paragraph (f) insert— "(fa) requirements made under section 49AF, 49AH or 49AL;". (2) In section 37(i) of the Environment Protection Act 1970— (a) in paragraph (i), for "appropriate; or" substitute "appropriate;" (b) after paragraph (i) insert— "(ia) in the case of an application under section 36BA, confirm, revoke or amend the notice as the Tribunal considers appropriate;". 7. Insertion of section 36BA After section 36B of the Environment Protection Act 1970 insert— "36BA. Reviews in respect of section 49AF, 49AH or 49AL requirements A person who is served with a notice imposing a requirement on the person under section 49AF, 49AH or 49AL may, within 21 days after receiving the notice, apply to the Tribunal for a review of the decision.". 8. Failure to comply with Part IX Division 1A requirement to be an infringement s. 6 s. 7 -- 24 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 20 In Schedule A to the Environment Protection Act 1970, after "42B(13), 48AB(4)," insert "49AM(1),". __________________ -- 25 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 21 PART 3—WASTE MANAGEMENT AND RESOURCE RECOVERY Division 1—Definitions and Waste Management Policies 9. Definitions In section 4(1) of the Environment Protection Act 1970— (a) omit the definition of "industrial waste management policy"; (b) in the definition of "policy", for "an industrial" substitute "a"; (c) insert the following definitions— ' "municipal waste" means any waste arising from municipal or residential activities, and includes waste collected by, or on behalf of, a municipal council, but does not include any industrial waste; "waste management facility" includes a landfill, a transfer station, a composting facility, a facility to store or contain solid waste and a material recovery facility; "waste management policy" means a policy declared by the Governor in Council under section 16A;'. s. 9 -- 26 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 22 10. Insertion of section 16A After section 16 of the Environment Protection Act 1970 insert— "16A. Waste management policy (1) For the purposes of this Act the Governor in Council may, on the recommendation of the Authority, by Order published in the Government Gazette declare the waste management policy to be observed with respect to any aspect of the management of waste in Victoria, including with respect to— (a) the generation, storage, treatment, transport and disposal, and generally the handling, of waste; (b) the procedures to be implemented in the recycling, recovery, reclamation and re- use of waste and the use of recycled substances; (c) the methods by which specified substances are to be disposed of; (d) the routes and methods by which waste is to be transported; (e) the location of treatment and disposal plants; (f) the allocation of responsibility for waste management operations and disposal; and (g) the use and disposal of notifiable chemicals. (2) Any Order made by the Governor in Council under this section may, by Order of the Governor in Council published in the Government Gazette, be revoked or varied. s. 10 -- 27 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 23 (3) Any reference to a State environment protection policy within the meaning of this Act in existence in any Act, statutory instrument, agreement or other document before the date of commencement of section 10 of the Environment Protection (Resource Efficiency) Act 2002 is deemed to continue to include a reference to a waste management policy after that date, unless a contrary intention appears.". 11. Consequential amendments In the Environment Protection Act 1970— (a) in sections 13(1)(ca) and 13(1)(cb), omit "industrial"; (b) section 16(1A) is repealed; (c) in section 17(1A), for "section 16(1A)" substitute "section 16A"; (d) in sections 17(1A), 17A(1) and 17A(3), omit "industrial" (wherever occurring); (e) in section 17A, for "16(1A) or 16(1C)" (wherever occurring) substitute "16(1C) or 16A(1)"; (f) in section 18(2)— (i) for "Industrial waste" substitute "Waste"; (ii) in paragraphs (a), (b) and (c), omit "industrial"; (g) in section 18A(1)— (i) in paragraphs (b) and (c), after "16(2)" insert "or 16A(2)"; (ii) for "16(1A) or 16(1C)" substitute "16(1C) or 16A(1)"; s. 11 -- 28 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 24 (h) in sections 18A, 18B and 19(1), for "an industrial" (wherever occurring) substitute "a"; (i) in section 18A(2)(a), omit "industrial"; (j) in section 18B(2), for "An industrial" substitute "A"; (k) in section 18D(1), after "section 16" insert "or 16A"; (l) in sections 18D(5) and 18D(6), for "16(1A) or 16(1C)" substitute "16(1C) or 16A(1)"; (m) in section 19AD, in the definition of "intervention criteria", for "an industrial" substitute "a"; (n) in sections 19AI(3)(b), 30C(b), 31C(6)(a), 33B(2A)(b)(i), 33B(2A)(b)(ii), 33B(2C)(b)(i), 33B(2C)(b)(ii), 50I(e), 50R(4)(b), 53Y(1)(b), 55(1A)(a), 71(1)(ba), 72(1) and 72(2), omit "industrial" (wherever occurring); (o) for section 27A(1)(a) substitute— "(a) contravenes any rules or requirements relating to industrial waste specified in a waste management policy; or"; (p) for section 37A(c) substitute— "(c) take account of, and give effect to, any relevant State environment protection policy or waste management policy; and"; (q) in sections 38, 40 and 44(a), after "protection policy" insert "or waste management policy"; (r) in section 49B(2)(k), after "protection policies" insert "or waste management policies"; s. 11 -- 29 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 25 (s) in sections 50R(3)(i), 50R(3)(j) and 53M(7)(b), after "protection policy" insert "or waste management policy"; (t) in section 71(1)(c), after "protection policy" insert "or waste management policy". 12. Insertion of section 18E After section 18D of the Environment Protection Act 1970 insert— "18E. Saving of former industrial waste management policies Any industrial waste management policy in force immediately before the date of commencement of section 10 of the Environment Protection (Resource Efficiency) Act 2002 continues in force after that date as a waste management policy, until it is revoked.". Division 2—EcoRecycle Victoria 13. Changes to the functions of EcoRecycle Victoria (1) For section 49B(1) of the Environment Protection Act 1970 substitute— "(1) The functions of EcoRecycle Victoria are— (a) to protect the environment by facilitating the achievement of— (i) the waste reduction objectives set out in Victorian legislation and government policies; and (ii) best practices in waste management; and s. 12 -- 30 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 26 (b) to plan on a State-wide basis, and to facilitate, the management of solid industrial waste in accordance with Victorian legislation and government policies.". (2) In section 49B of the Environment Protection Act 1970— (a) insert the following heading— "Functions"; (b) in sub-section (2), for "its function" substitute "its functions"; (c) for sub-section (2)(a) substitute— "(a) developing State-wide plans for solid industrial waste management and State- wide programs for implementing, supporting and promoting solid industrial waste reduction and recycling; (aa) contributing to the development of government policies on waste management;". (3) In sections 49D(1) and 49J(3) of the Environment Protection Act 1970, for "function" substitute "functions". 14. Additional ground of dismissal for EcoRecycle Victoria members After section 49E(3)(b) of the Environment Protection Act 1970 insert— "; or (c) fails to comply with section 49G(1).". s. 14 -- 31 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 27 15. Annual business plan of EcoRecycle Victoria (1) In section 49J(1) of the Environment Protection Act 1970, before "business plan" insert "draft". (2) After section 49J(1) of the Environment Protection Act 1970 insert— "(1A) After amending its draft business plan in any way required by the Minister, EcoRecycle Victoria must submit a final business plan to the Minister for approval on or before the date required by the Minister.". 16. Minor consequential amendment In section 49K of the Environment Protection Act 1970, after "waste management strategy" insert "or solid industrial waste management plan". 17. Insertion of Division 2AA into Part IX After section 49K of the Environment Protection Act 1970 insert— "Division 2AA—Solid Industrial Waste Management Plans 49L. Preparation and content of plans (1) EcoRecycle Victoria must prepare and submit to the Authority a draft solid industrial waste management plan for Victoria within 12 months after the date of commencement of section 17 of the Environment Protection (Resource Efficiency) Act 2002. (2) The draft plan must set out the objectives and priorities of EcoRecycle Victoria for the management of all solid industrial waste generated or disposed of within Victoria, and s. 15 -- 32 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 28 must provide a clear direction for future solid industrial waste management in Victoria. (3) The draft plan must include— (a) an analysis of— (i) current waste sources and the major components of solid industrial waste streams; (ii) current levels of resource recovery; and (iii) future trends in waste generation and resource recovery; (b) an economic assessment of the possible waste management options; (c) a statement of EcoRecycle Victoria's priorities in relation to solid industrial waste management; (d) preferred approaches to— (i) waste minimisation; (ii) the provision of resource recovery infrastructure; (iii) waste collection and transport; (iv) waste disposal; (e) a waste minimisation and resource recovery program; (f) a set of principles that can guide programs for minimising waste generation and maximising the establishment of alternatives to landfill; (g) an analysis of the potential need for additional solid industrial waste disposal facilities within Victoria over the next 5 years; s. 17 -- 33 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 29 (h) an outline of how EcoRecycle Victoria intends to develop programs for particular types of solid industrial waste. (4) The draft plan— (a) must be consistent with Victorian legislation and government policies; and (b) must not conflict with any relevant— (i) State environment protection policy; or (ii) waste management policy; and (c) must take into account any relevant regional issues identified in regional waste management plans. (5) If the Authority is not satisfied with a draft plan submitted to it, EcoRecycle Victoria must submit a revised draft plan to the Authority containing the changes specified by the Authority within the time specified by the Authority. 49M. Consultation must occur before plan finalised (1) This section applies if EcoRecycle Victoria— (a) is required to submit a draft solid industrial waste management plan to the Authority under section 49L(1) or 49Q; or (b) proposes to amend the solid industrial waste management plan under s. 17 -- 34 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 30 section 49P in a way that is not of a fundamentally declaratory, machinery or administrative nature. (2) Before submitting the plan or amendment to the Authority, EcoRecycle Victoria— (a) must consult with regional waste management groups in relation to the draft plan or proposed amendment; and (b) must advertise in a newspaper circulating generally throughout Victoria that it has prepared the draft plan or proposed amendment; and (c) must include in the advertisement— (i) an outline of the draft plan or proposed amendment; and (ii) advice as to where a copy of the draft plan or proposed amendment can be obtained or examined; and (iii) a statement inviting anyone with an interest in the draft plan or proposed amendment to make comments to EcoRecycle Victoria within 28 days after the date of publication of the advertisement; and (d) must consider any comments that are made in response to the invitation. 49N. Who must comply with plans Any person involved in the generation, management or transport of solid industrial waste in Victoria must not do anything that is inconsistent with the solid industrial waste management plan in relation to that waste while that waste is in Victoria. s. 17 -- 35 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 31 49O. Life of plan (1) A solid industrial waste management plan takes effect when the Authority gives EcoRecycle Victoria written notice of its approval of the plan. (2) The solid industrial waste management plan remains in force until it is replaced by another solid industrial waste management plan approved by the Authority. 49P. Amendment of plans (1) EcoRecycle Victoria may amend the solid industrial waste management plan at any time. (2) However, an amendment to the solid industrial waste management plan only takes effect when the Authority gives EcoRecycle Victoria written notice of its approval of the amendment. 49Q. Review of plans (1) EcoRecycle Victoria must submit to the Authority a revised solid industrial waste management plan based on a review of its existing plan within 5 years after the date that its existing plan was approved by the Authority. (2) At any time the Authority may require EcoRecycle Victoria to submit to it a revised solid industrial waste management plan within 6 months after the date of the request. 49R. Authority may refuse works approval etc. if facility is inconsistent with plan s. 17 -- 36 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 32 (1) The Authority may refuse to consider any application for works approval, the issue of a licence or the amendment of a licence in relation to a waste management facility if the facility is inconsistent with the solid industrial waste management plan. (2) The Authority must give any person or council whose application is refused under this section a written notice setting out the reason for the refusal.". Division 3—Regional Waste Management Groups 18. Clarification of status of section 50F groups After section 50F(5) of the Environment Protection Act 1970 insert— "(6) On a group becoming a body corporate under this section, it becomes a public body to which Part 7 of the Financial Management Act 1994 applies.". 19. Clarification of status of section 50G groups For section 50G(3) of the Environment Protection Act 1970 substitute— "(3) On a body corporate becoming a regional waste management group under this section, it becomes— (a) a public body to which Part 7 of the Financial Management Act 1994 applies; and (b) a public authority for the purposes of the Public Sector Management and Employment Act 1998.". s. 18 -- 37 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 33 20. Functions and powers of regional waste management groups (1) For section 50H(1) of the Environment Protection Act 1970 substitute— "(1) The functions of a regional waste management group are— (a) to plan for the management of municipal waste in its region, working in partnership with the councils in its region; and (b) to co-ordinate the activities of its members in its region to give effect in its region to State policies, strategies and programs relating to waste; and (c) to facilitate and foster best practices in waste management. (1A) In carrying out its functions a regional waste management group is— (a) to plan for municipal waste management in its region including— (i) preparing and keeping up to date a regional waste management plan; (ii) implementing and promoting the plan; (iii) setting performance targets for municipal waste reduction programs; (iv) developing, implementing, supporting and promoting s. 20 -- 38 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 34 municipal waste reduction and recycling programs; (b) to co-ordinate the waste management activities of its members including— (i) introducing measures that lead to conformity of standards for waste reduction, waste management and litter prevention and control between its members; (ii) investigating and advising on landfill disposal costs and charges in the region; (iii) encouraging the training of staff involved in municipal waste management; (c) to promote, commission and undertake research into waste management; (d) to advise its members on best practices in municipal waste management; (e) to promote improved waste management technologies; (f) to promote and co-ordinate relevant community education in its region; (g) to mediate disputes between its members.". 21. Change to who may govern a regional waste management group In section 50I(c) of the Environment Protection Act 1970, for "(or representatives of those councillors)" substitute "and any other people s. 21 -- 39 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 35 with appropriate skills and expertise appointed by those member councils". 22. Membership of a regional waste management group After section 50J(2) of the Environment Protection Act 1970 insert— "(2A) A reference to a council in sub-section (2) includes a reference to the council of a municipal district that is outside Victoria.". 23. Insertion of section 50KA After section 50K of the Environment Protection Act 1970 insert— "50KA. Staff (1) A regional waste management group may employ as many people as it requires to enable it to carry out its functions. (2) A regional waste management group is to determine the pay and conditions of employment of its employees, subject to the approval of the Minister.". 24. Annual business plan (1) In section 50LA(1) of the Environment Protection Act 1970— (a) for "give the Minister" substitute "submit to the Minister for approval"; (b) before "business plan" insert "draft". (2) After section 50LA(1) of the Environment Protection Act 1970 insert— "(1A) After amending its draft business plan in any way required by the Minister, the regional s. 22 -- 40 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 36 waste management group must submit a final business plan to the Minister for approval on or before the date required by the Minister.". (3) In section 50LA(2) of the Environment Protection Act 1970, after "sub-section (1)" (wherever occurring) insert "or (1A)". 25. Insertion of section 50LB After section 50LA of the Environment Protection Act 1970 insert— "50LB. Minister may give directions to regional waste management group (1) The Minister may issue written directions to a regional waste management group. (2) A regional waste management group must comply with a written direction issued to it by the Minister. (3) Without limiting sub-section (1), the Minister may direct a regional waste management group— (a) to make specific changes to its constitution; (b) to wind up.". 26. Substitution of sections 50O and 50P For sections 50O and 50P of the Environment Protection Act 1970 substitute— "50O. Restriction on commercial activities (1) Despite anything to the contrary in section 50H(2), a regional waste management group must not undertake any waste management activity that is being carried out on a commercial basis by any other person in Victoria. s. 25 -- 41 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 37 (2) For the purposes of sub-section (1) and section 50P, the leasing or renting out of any land owned or controlled by a regional waste management group does not constitute the undertaking of a waste management activity. 50P. Divestment of commercial properties (1) A regional waste management group must ensure that by 30 June 2004 it does not hold any land or assets for the purposes of carrying out any waste management activity that is being carried out on a commercial basis by any other person in Victoria. (2) If a regional waste management group fails to comply with sub-section (1), the Minister may direct the Authority to withhold any payment the Authority is required to make to the group under this Act until the Minister notifies the Authority that he or she is satisfied that the group has complied with sub-section (1).". 27. Preparation and content of regional waste management plans (1) In section 50R of the Environment Protection Act 1970— (a) in sub-section (2)— (i) after "management of" insert "municipal"; (ii) after "for future" insert "municipal"; (b) in sub-sections (3)(a), (3)(b) and (3)(c), before "waste" (wherever occurring) insert "municipal"; s. 27 -- 42 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 38 (c) in sub-section (3)(e), for "landfill" substitute "waste management facility"; (d) for sub-section (3)(f) substitute— "(f) an evaluation of the suitability of the waste management facility sites listed in that schedule;". (2) After section 50R(4)(c) of the Environment Protection Act 1970 insert— "; or (d) solid industrial waste management plan.". 28. Additional people who must comply with regional waste management plans After section 50RA(3) of the Environment Protection Act 1970 insert— "(4) Any person involved in the generation, management or transport of waste within the waste management region of a regional waste management group must not do anything that is inconsistent with the regional waste management plan of that group in relation to that waste while the waste is in that region.". 29. Insertion of section 50RAA After section 50RA of the Environment Protection Act 1970 insert— "50RAA. Consultation must occur before plan finalised (1) This section applies if a regional waste management group— s. 28 -- 43 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 39 (a) is required to submit a draft regional waste management plan to the Authority under section 50R(1) or 50RD; or (b) proposes to amend a regional waste management plan under section 50RC in a way that is not of a fundamentally declaratory, machinery or administrative nature. (2) Before submitting the draft plan or proposed amendment to the Authority, the regional waste management group— (a) must consult with the councils, and any other relevant agencies, in its region in relation to the draft plan or proposed amendment; and (b) must advertise in a newspaper circulating generally throughout the region that it has prepared the draft plan or proposed amendment; and (c) must include in the advertisement— (i) an outline of the draft plan or proposed amendment; and (ii) advice as to where a copy of the draft plan or proposed amendment can be obtained or examined; and (iii) a statement inviting anyone with an interest in the draft plan or proposed amendment to make comments to the regional waste management group within 28 days after the date of publication of the advertisement; and (d) must consider any comments that are made in response to the invitation.". -- 44 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 40 30. Changes concerning consequences of not complying with plans (1) For sections 50RE(3) and 50RE(4) of the Environment Protection Act 1970 substitute— "(3) The Authority may refuse to consider any application from a person for works approval, the issue of a licence or the amendment of a licence in relation to a waste management facility if the person is in breach of any relevant requirement of the relevant regional waste management plan. (4) The Authority must refuse to issue a works approval for a new landfill within a waste management region if the landfill is not provided for in, or is inconsistent with, the relevant regional waste management plan.". (2) In section 50RE(5) of the Environment Protection Act 1970, for "waste management facility" substitute "landfill". (3) Section 50RE(7) of the Environment Protection Act 1970 is repealed. 31. Amendment to the Local Government Act 1989 In the Local Government Act 1989, in Schedule 1, for clause 1(8) substitute— "(8) Management, collection and disposal of municipal waste; (9) Resource recovery and recycling;". Division 4—Landfill Levy 32. Landfill levy—amount payable (1) For sections 50S(1), 50S(2) and 50S(2A) of the Environment Protection Act 1970 substitute— s. 30 s. 31 -- 45 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 41 "(1) The holder of a licence in respect of a schedule two premises must pay to the Authority a landfill levy for each tonne of waste that is deposited on to land at the premises. (2) The holder of a licence in respect of premises licensed to be used for the discharge or deposit to land of wastes that are prescribed industrial waste must pay to the Authority a landfill levy for each tonne of waste that is deposited on to land at the premises. (2A) The amount of the levy is the amount specified in Schedule D for the relevant premises, period and type of waste.". (2) After Schedule C of the Environment Protection Act 1970 insert— "SCHEDULE D AMOUNT PAYABLE AS LANDFILL LEVY Amount payable for each tonne deposited (in dollars) Schedule C Premises Non-Schedule C Premises Date when waste is deposited Municipal waste Industrial waste Municipal waste Industrial waste Premises Licensed for the Discharge or Deposit to Land of Prescribed Industrial Waste on or after 1 July 2002 and before 1 July 2003 4 5 2 3 10 on or after 1 July 2003 and before 1 July 2004 5 7 3 5 14 on or after 1 July 2004 and before 1 July 2005 6 9 4 7 18 s. 32 -- 46 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 42 on or after 1 July 2005 and before 1 July 2006 7 11 5 9 22 on or after 1 July 2006 and before 1 July 2007 8 13 6 11 26 on or after 1 July 2007 9 15 7 13 30 ". 33. Changes concerning the landfill levy on industrial waste (1) In section 50SAA(2) of the Environment Protection Act 1970, for "50S(2A)" substitute "section 50S(2)". (2) In section 50SAB(1) of the Environment Protection Act 1970, for "section 50S" substitute "section 50S(1)". (3) In section 50SAB(2) of the Environment Protection Act 1970, for the definition of "LR" substitute— "LR is the relevant amount specified in Schedule D for the deposit of a tonne of municipal waste at that premises in the relevant period.". 34. Repeal of spent provisions Sections 50XD and 50XE of the Environment Protection Act 1970 are repealed. 35. Abolition of Resource Recovery Fund (1) In the Environment Protection Act 1970— (a) Division 7 of Part IX is repealed; (b) for section 70(3)(ab) substitute— s. 33 -- 47 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 43 "(ab) any money collected as a levy under section 50S(2); and (aba) any other money collected as a levy under Division 3 of Part IX; and"; (c) in section 70(7)(a), for "section 50S(2A)" substitute "Division 3 of Part IX"; (d) in section 70(7)(b), after "sub- section (3)(ab)" insert "or (3)(aba)". (2) For section 70(6) of the Environment Protection Act 1970 substitute— "(6) Money paid into the Environment Protection Fund under sub-section (3)(aa) or (3)(ab) is to be applied by the Authority for the purposes of environment protection.". (3) After section 70(6A) of the Environment Protection Act 1970 insert— "(6B) Money paid into the Environment Protection Fund under sub-section (3)(aba) may only be applied in one or more of the following ways— (a) in accordance with regulations specifying who the money is to be paid to, and how the amounts to be paid are to be calculated; (b) with the consent of both the Minister and the Treasurer, for the purposes of fostering environmentally sustainable uses of resources and best practices in waste management to advance the social and economic development of Victoria. s. 35 -- 48 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 44 (6C) Despite sub-section (6B), until the Minister publishes a notice in the Government Gazette stating that this sub-section ceases to apply, all money paid into the Environment Protection Fund under sub-section (3)(aba) is to be applied as if— (a) sections 52A(3) and 52B were still in force; and (b) a reference in those sections to the Fund was a reference to the Environment Protection Fund.". 36. Insertion of sections 70A–70D After section 70 of the Environment Protection Act 1970 insert— "70A. Restrictions concerning the distribution of money derived from the general landfill levy Despite section 70(6B)(b), the Minister and the Treasurer must not apply any money under that section unless— (a) there is in existence a statement produced and published in accordance with section 70B setting out, in order of priority, the matters in respect of which they intend to apply money under that section in the relevant period; and (b) there are in force guidelines as to how they will exercise their powers under that section and those guidelines have been publicly published; and (c) there exists an advisory panel appointed by them under section 70D to make recommendations to them in relation to s. 36 -- 49 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 45 the application of money under that section. 70B. Priority statement (1) The statement required by section 70A(a) is produced and published in accordance with this section if the following steps are taken— (a) a draft statement is produced; and (b) notice of the production of the draft statement is advertised in a newspaper circulating generally throughout Victoria; and (c) the advertisement includes— (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 anyone with an interest in the matter to make comments to the Minister or the Treasurer within 21 days after the date of publication of the advertisement; and (d) there is published on the Authority's Internet site a copy of the draft statement and a copy of the statement required by paragraph (c)(iii); and (e) the Minister and the Treasurer consider any comments that are made in response to the invitations made under paragraphs (c)(iii) and (d) before signing and publishing the statement; and s. 36 -- 50 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 46 (f) notice of the signing of the statement is published in the Government Gazette. (2) It is not necessary to comply with this section in the case of a statement— (a) that only revokes an existing statement; or (b) that only amends an existing statement if the amendment is of a machinery or administrative nature. 70C. Restrictions concerning section 70A(b) guidelines (1) A guideline made for the purposes of section 70A(b) has no effect until notice of its making is published in the Government Gazette. (2) On or before the 6th sitting day after notice of the making of a guideline is published in the Government Gazette, the Minister must ensure that a copy of the guideline is laid before each House of the Parliament. (3) A failure to comply with sub-section (2) 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. (4) A guideline may be disallowed in whole or in part by either House of Parliament. (5) Part 5 of the Subordinate Legislation Act 1994 applies to a guideline as if— s. 36 -- 51 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 47 (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 sub-section (2). 70D. Advisory panel in relation to section 70A(c) (1) For the purposes of section 70A(c), the Minister and the Treasurer may appoint up to 8 people to form the advisory panel at any one time. (2) In appointing advisory panel members, the Minister and the Treasurer must attempt to ensure that the members of the panel collectively have skills, expertise or knowledge relating to— (a) environment protection and conservation; (b) issues relating to industry; (c) economics and business management; (d) local government; (e) rural and regional affairs. (3) The Minister and the Treasurer are to determine the terms of appointment (including the remuneration (if any) and the allowances (if any)) of the members of the advisory panel. (4) The advisory panel must give the Authority a copy of all the recommendations it makes to the Minister and the Treasurer. (5) The Authority must include a copy of the recommendations in its annual report for the financial year in which the recommendations were made together with a list of all the -- 52 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 48 grants that were made under section 70(6B)(b) in that financial year. (6) The Authority must also publish a copy of the recommendations and the list of grants on its Internet site within 3 days after the annual report is tabled before a House of the Parliament.". 37. Minor and consequential amendments In the Environment Protection Act 1970— (a) in sections 50SA(1), 50SB(1) and 50XD(1), omit "prescribed"; (b) section 71(1)(bb) is repealed. __________________ s. 36 -- 53 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 49 PART 4—LITTER 38. Definitions (1) In section 4(1) of the Environment Protection Act 1970, insert the following definitions— ' "deposit", in relation to litter, means the act of parting with the possession of the litter; "litter" includes any solid or liquid domestic or commercial waste, refuse, debris or rubbish and, without limiting the generality of the above, includes any waste glass, metal, plastic, paper, fabric, wood, food, soil, sand, concrete or rocks, abandoned vehicles, abandoned vehicle parts and garden remnants and clippings, but does not include any gases, dust or smoke or any waste that is produced or emitted during, or as a result of, any of the normal operations of the mining, building or manufacturing industry or of any primary industry; "litter authority" includes— (a) the Authority; (b) any other body created by or under an Act; (c) any government department; (d) any municipal council; (e) any protection agency; (f) any body declared by Order of the Governor in Council under section 45C to be a litter authority; "litter enforcement officer" means— (a) an authorized officer; s. 38 -- 54 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 50 (b) in relation to any land or waters in a council's municipal district, an officer of the council appointed by the council as a litter enforcement officer; (c) in relation to— (i) land or waters under the control or management of a litter authority; or (ii) any offence that may result in litter appearing on any such land or waters (regardless of where the offence occurs)— an officer of the litter authority appointed by it as a litter enforcement officer; (d) a member of the police force; (e) in relation to any bus, tram, watercraft, rail vehicle or aircraft that is being used for a public purpose, a person appointed as a litter enforcement officer by the litter authority that owns or manages that vehicle;'. (2) In section 4(1) of the Environment Protection Act 1970, in the definition of "registered owner", after paragraph (b) insert— "(c) in relation to any other vehicle—the person who owns the vehicle (whether the vehicle is registered in any way or not);". 39. Additional reference section After section 4(2) of the Environment Protection Act 1970 insert— '(2A) A reference in this Act to "waters" includes a reference to the waters of the River Murray in respect of litter that has been deposited s. 39 -- 55 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 51 into, or on to, the waters of the River Murray from the Victorian bank of the River Murray. (2B) This Act extends to, and applies to, the deposit of litter into, or on to, the waters of the River Murray from any premises that is in Victoria and extends to, and applies in relation to, any proceedings brought in relation to the deposit.'. 40. Insertion of Part VIIA After section 45 of the Environment Protection Act 1970 insert— 'PART VIIA—LITTER AND MATERIAL THAT MAY BECOME LITTER Division 1—Preliminary Matters 45A. Object of Part The object of this Part is— (a) to prohibit and regulate the deposit of litter in the environment; and (b) to regulate the distribution of materials that may become litter; and (c) to enable the removal of detrimental or disorderly objects and other things. 45B. Definitions In this Part— "land" means any land, whether publicly or privately owned, and includes any buildings or other structures permanently affixed to the land; "place" includes a receptacle, a vehicle and any waters; s. 40 -- 56 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 52 "vehicle" means— (a) any thing that is capable of transporting a person, including an aeroplane, boat, bicycle, bus, car, horse, train or tram; or (b) any trailer that is attached to any such thing. 45C. Governor in Council may declare body to be a litter authority The Governor in Council may, by Order published in the Government Gazette, declare any body to be a litter authority for the purposes of this Part. 45D. Part does not apply to environment protection offences (1) This Part does not apply to the deposit of any litter that constitutes an offence under any other Part of this Act. (2) Any person who intends to rely on this section as a defence to a charge must give the person filing the charge written notice of this intention within 21 days of receiving a summons in respect of the charge. (3) The notice must specify under which provision of this Act the person believes the charge would have been more appropriately brought if the allegations set out in the charge were proved. Division 2—Littering Offences 45E. Deposit of litter generally (1) A person must not deposit any litter unless— (a) the person deposits the litter in a place— s. 40 -- 57 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 53 (i) that is provided for the deposit of litter; and (ii) that is appropriate for litter of that size, shape, nature or volume; or (b) the person deposits the litter in or on a place in such a way that it cannot leave the place without human assistance and the person— (i) owns, controls or is in possession of the place; or (ii) is acting with the express consent of the person who owns, controls or is in possession of the place; or (c) the person is authorised to deposit the litter by or under an Act or a Commonwealth Act; or (d) the deposit of the litter is an unavoidable consequence of a lawful activity; or (e) the deposit is accidental and the person does everything that is reasonably possible to retrieve the litter. Penalty: 40 penalty units. (2) For the purposes of sub-section (1)(d), a consequence is unavoidable if there is no reasonably practicable way of avoiding it. 45F. Aggravated littering A person convicted of an offence under section 45E is guilty of the offence of aggravated littering if the court which convicts the person is satisfied that the offence involved— (a) the intentional deposit of glass, metal, earthenware or crockery; or s. 40 -- 58 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 54 (b) the intentional deposit of litter that was a danger to any person or animal or to any land, waters or vehicle; or (c) the intentional deposit of litter on, from or towards any vehicle. Penalty: In addition to, or instead of, any penalty under section 45E, 60 penalty units or imprisonment for 1 month or both. 45G. Owners, drivers etc. of vehicles from which litter deposited liable for littering (1) If litter is deposited from a vehicle contrary to section 45E, the following are deemed to be guilty of an offence against section 45E— (a) the driver of the vehicle; and (b) the registered owner of the vehicle; and (c) any person authorised by the registered owner to use the vehicle at the time the offence was committed. (2) If a person deposits litter contrary to section 45E and was seen arriving at or leaving the place where he or she deposited the litter in a vehicle, the registered owner of the vehicle is deemed to be guilty of an offence against section 45E. (3) However, a court must not find a person guilty under this section unless the court is satisfied that no other person has been found guilty of depositing the litter and that— (a) it is not practicable to discover who deposited the litter; or (b) it is not possible to file a charge against the person who deposited the litter; or s. 40 -- 59 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 55 (c) it is unlikely that the filing of a charge against the person who deposited the litter would result in a finding of guilt. (4) Also, a court must not find the registered owner or authorised user of a vehicle guilty under sub-section (1) unless it is satisfied that it is not possible to file a charge against the driver of the vehicle. 45H. Other exceptions to section 45G (1) Section 45G(1) does not apply if— (a) the vehicle is a train, tram, bus, ferry, passenger ship, passenger plane or other public transport vehicle; and (b) the litter was deposited by a passenger of that vehicle; and (c) the vehicle was being used for a public purpose at the time the offence was committed. (2) Section 45G(1) does not apply if the vehicle is a taxi and the litter was deposited by a passenger. (3) Sections 45G(1)(b), 45G(1)(c) and 45G(2) do not apply if the vehicle was a stolen vehicle at the time of the offence. (4) Sections 45G(1) and 45G(2) do not apply if the person who is deemed to be guilty gives a statutory declaration that complies with section 45I within 14 days after receiving a notice under section 45J to the person named in the notice. s. 40 -- 60 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 56 45I. Form of statutory declaration (1) The statutory declaration must— (a) declare that the person saw another named person deposit the litter and declare— (i) the address of that person; or (ii) that the person does not know the address of that person and the reasons why the person does not know the address; or (b) declare— (i) that the person did not deposit the litter; and (ii) that the person did not see who deposited the litter; and (iii) the name and address (if known) of any person who was in or near the vehicle at the time the litter was deposited. (2) If a person who is deemed to be guilty is not a natural person, the person may comply with section 45H(4) by giving the litter enforcement officer a statutory declaration made by the person who was driving the vehicle at the time of the offence. (3) A statutory declaration that complies with this section is admissible in any proceedings as evidence of the matters stated in it. 45J. Notice to accompany charges using section 45G (1) A person who issues an infringement notice, or files a charge, against a person who is s. 40 -- 61 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 57 deemed guilty under section 45G(1) must ensure that the infringement notice, or the charge, is accompanied by a notice under this section. (2) The notice must— (a) contain a copy of sections 45E, 45G, 45H and 45I; and (b) name the person giving the notice; and (c) contain that person's business address. Division 3—Offences Concerning Material That May Become Litter 45K. Meaning of unsolicited document For the purposes of this Division, a document is unsolicited if it is deposited at a premises without being addressed by name to a person who owns or occupies the premises. 45L. Unsolicited documents must be put in mailboxes etc. (1) A person delivering an unsolicited document to a premises must not deposit the document in any place on the premises other than— (a) a receptacle, slot or other place that is used for the deposit of mail at the premises; or (b) a receptacle or slot that is used for the deposit of newspapers at the premises; or (c) under the door of the premises; or (d) a place that is in a building and that is suitable for the deposit of the document. s. 40 -- 62 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 58 Penalty: 10 penalty units. (2) Sub-section (1) does not apply to— (a) any newspaper, or any material folded or inserted into a newspaper; or (b) any document issued under, in accordance with, or for the purposes of, any Act or Commonwealth Act; or (c) any document that is given personally to a person at the premises; or (d) any document that is of such a size, shape or volume that it is not possible or appropriate for it to be deposited in accordance with sub-section (1). 45M. Advertising material not to be deposited in certain mailboxes etc. (1) In this section "advertising material" means any material advertising goods or services, regardless of whether or not the sale of the goods or services is for a charitable purpose, but does not include— (a) any stamped mail delivered by, or on behalf of, Australia Post; (b) any material that has a political purpose; (c) a newspaper or magazine; (d) any public notice issued by a litter authority or a body supplying electricity, gas, water, transport or a similar service; (e) any document issued under, or for the purposes of, any Act or Commonwealth Act; s. 40 -- 63 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 59 (f) any other document issued by, or on behalf, of any government or government agency. (2) A person must not deposit any advertising material in any receptacle, slot or place listed in section 45L(1)(a) or (b), or under the door of a premises, if there is a legible sign or marking on or near that receptacle, slot, place or door— (a) that states "No Advertising Material" or "No Junk Mail" or that contains any other words in English indicating that advertising material is not to be deposited in that receptacle, slot or place, or under that door; and (b) that is clearly visible to a person depositing an item in that receptacle, slot or place or under that door. Penalty: 10 penalty units. 45N. Leaflets etc. not to be placed on vehicles (1) A person must not deposit any document in or on any vehicle without the express consent of the owner or driver of the vehicle. Penalty: 10 penalty units. (2) This section does not apply to the deposit of any document by a person exercising a power given to him or her by any law. 45O. Bill posting not to occur without consent A person must not affix any document on to any fixed structure without the express consent of the owner, occupier or manager of the structure. Penalty: 10 penalty units. 45P. Advertiser must disclose name of distributor s. 40 -- 64 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 60 (1) This section applies to a person who commissions the printing of a document that is distributed as an unsolicited document. (2) The person must give a litter enforcement officer the name and address of the person who was responsible for distributing the document in a particular area. (3) The person must comply with sub-section (2) within 7 days after receiving a written request for the information from the officer. Penalty: 10 penalty units. 45Q. Distributor must disclose name of depositor (1) A person who engages another person (whether as an employee or as an agent) to deposit unsolicited documents at premises within an area must give a litter enforcement officer the name and address of that other person. (2) The person must do this within 7 days after receiving a written request for the information from the officer. Penalty: 10 penalty units. 45R. Person who commissions document must ensure that it does not become litter (1) This section applies to a person who commissions the printing of a document that the person distributes, or intends to have distributed, as an unsolicited document. (2) The person must ensure that the document is distributed in a way that prevents it from becoming litter. Penalty: 20 penalty units. (3) It is a defence to a charge under this section for the person charged to show that he, she s. 40 -- 65 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 61 or it took all reasonable steps to comply with this section. Division 4—Other Offences 45S. Offence to ask person to commit offence A person must not ask, require or induce, or attempt to ask, require or induce, another person to do anything that is an offence under this Part. Penalty: 20 penalty units. 45T. Offence to deface or set fire to public litter receptacles (1) A person must not deface a receptacle for litter provided by a litter authority. Penalty: 10 penalty units. (2) A person must not set fire to a receptacle for litter provided by a litter authority. Penalty: 10 penalty units. 45U. Offences concerning the loading of vehicles (1) A person must not require another person to move a vehicle carrying a load unless he or she supplies the other person with sufficient means to secure the load in such a way that litter cannot leave the vehicle without human assistance. Penalty: 10 penalty units. (2) A person who is in control of a moving vehicle must ensure that it is loaded in such a way that litter cannot leave the vehicle without human assistance. Penalty: 10 penalty units. s. 40 -- 66 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 62 (3) It is a defence to a charge under sub-section (2) if the person was required to move the vehicle by a person who was in breach of sub-section (1). Division 5—Removal of Litter and Disorderly Things 45V. Litterer must remove litter if asked A person must remove any litter deposited by that person if asked to do so by a litter enforcement officer. Penalty: 10 penalty units. 45W. Court may order removal of litter (1) If a court convicts a person of an offence under this Part, the court may— (a) instead of, or in addition to, any other penalty, order the person to— (i) clear away and remove the litter deposited by the person; or (ii) clear away and remove any other litter in or on any land or waters— within a specified time and under the supervision of a person nominated by the court; or (b) in addition to any other penalty, order the person to pay a sum of compensation for removal of the litter to the person who, or body which, has the control or management of the land or waters where the offence occurred. (2) The following provisions apply to an order under sub-section (1)(a)— s. 40 -- 67 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 63 (a) the court may also order that if the person contravenes the order, that person must pay a fine of not more than 40 penalty units; (b) if the person complies with the order, the person nominated by the court to supervise must send to the person a statement to that effect; (c) if the person contravenes the order, the court may, on application by the person nominated to supervise, issue a summons requiring the person to show cause why the fine referred to in paragraph (a) should not be imposed; (d) on hearing the summons, the court may make any order under this Act which it considers appropriate in respect of the person who contravened the order. (3) The compensation specified in an order under sub-section (1)(b) to be paid to a person or body is to be treated as a debt due to that person or body. 45X. Person may be directed to remove litter (1) This section applies if, in the opinion of a litter authority, any litter that is on or in any land or waters under the control or management of the litter authority is, or is likely to become— (a) detrimental to the health, safety or welfare of members of the public; or (b) unduly offensive to the senses of human beings; or s. 40 -- 68 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 64 (c) a hazard to the environment. (2) The litter authority may, by written notice, direct any person who deposited the litter to do one or more of the following— (a) to remove or dispose of the litter; (b) to restore any place affected by the litter to a state as close as practicable to the state it was in immediately before the litter was deposited; (c) to take any other action in relation to the litter that is specified in the notice— within the time specified in the notice. (3) A person who receives such a direction must comply with it. Penalty: 40 penalty units. (4) If the person who deposited the litter cannot be found, the litter authority may, by written notice, direct the occupier of any premises on which the litter was deposited to remove or dispose of the litter within the time specified in the notice. (5) An occupier who receives such a direction must comply with it, unless he, she or it has reasonable cause not to do so. Penalty: 40 penalty units. (6) The Authority may exercise its powers as a litter authority under this section in respect of any litter in Victoria to which, in the opinion of the Authority, sub-section (1)(a), (1)(b) or (1)(c) applies. -- 69 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 65 45Y. Person may be directed to remove disorderly etc. objects or things (1) This section applies if any object or thing is deposited on or in any place under the control or management of the litter authority and— (a) in the opinion of the litter authority— (i) the object or thing is detrimental to the health, safety or welfare of members of the public while it remains in that place; or (ii) the object or thing is unduly offensive to the senses of human beings while it remains in that place; or (iii) the object or thing is a hazard to the environment while it remains in that place; or (b) the size, shape, nature or volume of the object or thing makes the place where it is deposited disorderly, or detrimentally affects the proper use of that place. (2) The litter authority may, by written notice, direct any person who deposited the object or thing to do one or more of the following— (a) to remove or dispose of the object or thing; (b) to restore any place affected by the object or thing to a state as close as practicable to the state it was in immediately before the object or thing was deposited; s. 40 s. 40 -- 70 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 66 (c) to take any other action in relation to the object or thing that is specified in the notice— within the time specified in the notice. (3) A person who receives such a direction must comply with it. Penalty: 40 penalty units. (4) If the person who deposited the object or thing cannot be found, the litter authority may, by written notice, direct the occupier of any premises on which the object or thing was deposited to remove or dispose of the object or thing within the time specified in the notice. (5) An occupier who receives such a direction must comply with it, unless he, she or it has reasonable cause not to do so. Penalty: 40 penalty units. (6) The Authority may exercise its powers as a litter authority under this section in respect of any object or thing in any place in Victoria to which sub-section (1)(a) or (1)(b) applies. (7) A reference in this section to an object or thing does not include a reference to a fixture. 45Z. Authority may remove litter or object or thing if direction not complied with (1) If a person fails to comply with a direction given under section 45X(2) or 45X(4), the litter authority may remove or dispose of the litter. (2) If a person fails to comply with a direction given under section 45Y(2) or 45Y(4), the s. 40 -- 71 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 67 litter authority may remove or dispose of the object or thing. (3) The litter authority may recover any reasonable costs incurred by it in taking action under this section as a debt due to it by the person who failed to comply with the direction. (4) Sub-section (3) does not apply to a direction given under section 45X(4) or 45Y(4) if the occupier of the premises had reasonable cause not to comply with the direction. 45ZA. Occupier may recover cost of removing litter from litterer (1) An occupier of premises may recover the reasonable costs of complying with a direction under section 45X(4) or 45Y(4) from any person who deposited the litter or object or thing as a debt due to the occupier. (2) The cost of complying with a direction includes any reasonable costs incurred in taking action under sub-section (1). Division 6—Prevention of Litter 45ZB. Litter abatement notice (1) If— (a) a person carries out any activity that has caused, or is likely to cause, the deposit of litter contrary to section 45E; or (b) a person is the occupier of premises from which litter has, or is likely to, escape— s. 40 -- 72 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 68 a litter enforcement officer may serve a litter abatement notice on the person. (2) A litter abatement notice may require the person to do one or more of the following— (a) to not deposit litter contrary to section 45E; (b) to ensure that no litter escapes from any premises occupied by the person; (c) to do, or not do, specified things to ensure that the person does not breach this Part. (3) A person who has been served with a litter abatement notice must comply with the notice. Penalty: 20 penalty units. (4) A litter abatement notice may specify a period of time within which any requirement it imposes must be complied with. 45ZC. Period for which notice remains in force (1) A litter abatement notice remains in force for the period specified in the notice. (2) A period of up to 3 years may be specified in the notice. 45ZD. Form of notice A litter abatement notice must— (a) contain a copy of sections 36AA, 45ZB, 45ZC and 45ZE; and (b) specify the period for which it remains in force; and (c) be signed by the person giving the notice. 45ZE. Amendment or revocation of notice s. 40 -- 73 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 69 A litter enforcement officer may amend or revoke a litter abatement notice at any time by serving a written notice of amendment on the person to whom the litter abatement notice applies. Division 7—Particular Litter Enforcement Powers 45ZF. Powers of entry of litter enforcement officers If— (a) a litter enforcement officer reasonably suspects that an offence against section 45E, 45F, 45X(3), 45X(5), 45Y(3), 45Y(5) or 45ZB(3) is being, or is likely to be, committed on a premises; and (b) the officer reasonably believes that the part of the premises where the offence is occurring, or is likely to occur, is not used for residential purposes— the officer may enter that part of the premises at any reasonable time for the purpose of enforcing this Part. 45ZG. Requirement to give name and address (1) This section applies if a litter enforcement officer believes on reasonable grounds that a person has committed an offence under this Part. (2) The officer may ask the person to state his or her name and ordinary place of residence or business. s. 40 -- 74 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 70 (3) In making the request, the officer must inform the person of the grounds for his or her belief that the person has committed an offence. (4) A person who, in response to the request— (a) refuses or fails to comply with the request without a reasonable excuse for not doing so; or (b) states a name that is false in a material detail; or (c) states an address other than the full and correct address of his or her ordinary place of residence or business— is guilty of an offence and is liable to a penalty not exceeding 20 penalty units. (5) If a person states a name and address in response to a request made under sub-section (2) and the officer suspects on reasonable grounds that the stated name or address may be false, the officer may request the person to produce evidence of the correctness of the name and address. (6) The person must comply with the request, unless he or she has a reasonable excuse for not doing so. Penalty: 20 penalty units. (7) It is not an offence for a person to fail to comply with a request made under sub- section (2) or (5) if the officer did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request. 45ZH. Officers must identify themselves s. 40 -- 75 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 71 While exercising a power under this Part, a litter enforcement officer must produce on demand proof of his or her identity and official status. 45ZI. Litter enforcement officer may require certain people to give information (1) This section only applies to a person who a litter enforcement officer believes on reasonable grounds— (a) had possession of particular litter at some time in the past; or (b) was responsible for commissioning the production of, for producing or for distributing, material that became particular litter. (2) The officer may require the person to give the officer within 14 days, or any longer time that the officer specifies, information concerning the litter. (3) A reference to litter in this section includes a reference to any substance that constitutes the litter, regardless of whether that substance was litter at the time it was in the person's possession. (4) A requirement must be set out in a written notice. (5) The notice must— (a) set out the information the officer seeks from the person; (b) specify the date by when the information is required; (c) contain a copy of this section and section 45ZJ; (d) be signed by the officer; s. 40 -- 76 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 72 (e) contain the officer's business address. (6) The information an officer may require from a person may include— (a) how, when and where the litter came into or left the person's possession; (b) the name and address of anyone who had possession of the litter after the litter left the person's possession; (c) the name and address of anyone else involved in the commissioning of the material that became the litter. (7) If required to do so by a notice, a person must give the officer within the time specified in the notice all the information sought in the notice that is within the person's knowledge or in the person's possession. Penalty: 10 penalty units. (8) However, any information given by a person in response to a notice under this section is not admissible in any prosecution against the person if, before giving the information, the person objected to giving the information on the ground that it might tend to incriminate him or her. This doesn't apply if the information was false or misleading. 45ZJ. Officer may require information to be in writing (1) If asked to do so by the litter enforcement officer, a person required to give the officer information under section 45ZI must give the information to the officer in writing. (2) If information sought by a notice under section 45ZI is not within a person's knowledge or in the person's possession, the s. 40 -- 77 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 73 person must state this fact in writing if asked to do so by the officer. (3) A failure by a person to comply with sub- section (1) or (2) is a failure to comply with section 45ZI(7). (4) A person must not include any false or misleading information in a written statement made under this section. Penalty: 20 penalty units. (5) Subject to section 45ZI(8), a statement made under this section is admissible in evidence in any proceedings. 45ZK. Reports of offences (1) A person who sees another person committing an offence under this Part may inform the Authority or the relevant Council of the offence by sending it a signed written report containing— (a) the date, approximate time and place of the offence; and (b) the nature of the litter; and (c) any evidence of the identity of the person who committed the offence. (2) On receiving a report under sub-section (2), the Authority or Council may take proceedings through its relevant officers against the person seen committing the offence. 45ZL. Savings provisions (1) In this section, "relevant date" means the date of commencement of Part 4 of the Environment Protection (Resource Efficiency) Act 2002. s. 40 -- 78 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 74 (2) Any order, notice or requirement made under the Litter Act 1987 that was in force immediately before the relevant date continues in force as if it had been made under the equivalent provision of this Part. (3) Any litter abatement notice that was in force immediately before the relevant date in relation to any object or thing that was litter under the Litter Act 1987 continues in force as if that object or thing was still litter after the relevant date. (4) Any Order in respect of a body made under section 4 of the Litter Act 1987 that was in force immediately before the relevant date continues in force as if it was an Order made under section 45C declaring the body to be a litter authority. (5) A person who was an authorised officer under the Litter Act 1987 immediately before the relevant date is deemed to be a litter enforcement officer on the same terms that applied to his or her appointment as an authorised officer under that Act. (6) Any reference to the Litter Act 1987 in any Act, subordinate instrument, agreement or other document as far as it relates to any period on or after the relevant date is to be treated as a reference to this Part unless the contrary intention appears. (7) Nothing in this section is intended to limit the operation of the Interpretation of Legislation Act 1984.'. 41. Reviews by Tribunal (1) In section 32(1) of the Environment Protection Act 1970— s. 41 -- 79 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 75 (a) for "or a delegated agency" substitute ", delegated agency or a litter authority"; (b) after paragraph (e) insert— "(ea) a direction under section 45Y(2) or (4); (eb) litter abatement notices under section 45ZBA;". (2) For section 37(f) of the Environment Protection Act 1970 substitute— "(f) in the case of an application under section 36AA— (i) if the Tribunal considers the provision to be oppressive, unjust or unreasonable, revoke or amend the provision as the Tribunal considers appropriate; or (ii) in any other case, confirm the provision;". 42. Insertion of section 36AA After section 36 of the Environment Protection Act 1970 insert— "36AA. Reviews in respect of section 45Y directions and litter abatement notices (1) A person who is served with— (a) a direction under section 45Y(2) or (4); or (b) a litter abatement notice under section 45ZA— s. 42 -- 80 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 76 may apply to the Tribunal for a review of any provision of the direction or notice that the person believes is oppressive, unjust or unreasonable. (2) The person must lodge the application within 28 days after receiving notice of the provision. (3) If a person lodges an application, the person need not comply with the direction or notice until the application is withdrawn or dismissed, or the direction or notice is confirmed or varied by the Tribunal.". 43. Insertion of sections 57B—57D After section 57A of the Environment Protection Act 1970 insert— '57B. Certificate concerning ownership of vehicle In proceedings against the registered owner of a vehicle, a certificate from the Roads Corporation or the Director of Marine Safety, or from a corresponding person or body in another State or in a Territory of the Commonwealth, stating that a person was the owner of a vehicle on a specified date is evidence that that person was the registered owner of the vehicle on that date. 57C. Certificate concerning litter offences (1) In proceedings under Part VIIA, a certificate given by a litter authority stating— (a) that a specified person is, or was on a specified date, a litter enforcement officer appointed by the authority; or (b) that any land is, or was on a specified date, or that any waters are, or were on s. 43 -- 81 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 77 a specified date, under the control or management of the authority— is evidence of that fact. (2) All courts and persons acting judicially— (a) must take judicial notice of the signature or seal of any litter authority affixed to the certificate; and (b) must, until the contrary is proved, presume that the signature or seal was properly affixed. 57D. Certificate concerning presence of junk mail sign (1) A statutory declaration signed by a person that states— (a) that the person is the owner or occupier of a specified premises; and (b) that on a specified date or dates— (i) there was a specified receptacle, slot or place at the premises that was used for the deposit of mail or newspapers (as the case may be); and (ii) there was a sign or marking on or near that receptacle, slot or place that stated "No Advertising Material" or "No Junk Mail" or other specified words indicating that advertising material was not to be deposited in that receptacle, slot or place; and s. 43 -- 82 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 78 (iii) that that sign or marking was clearly visible to a person depositing an item in that receptacle, slot or place; and (c) that on that date, or on one of those dates, (as the case may be) the person found specified material in that receptacle, slot or place— is evidence of those matters. (2) A statutory declaration signed by a person that states— (a) that the person is the owner or occupier of a specified premises; and (b) that on a specified date or dates— (i) there was a sign or marking on or near a door of that premises that stated "No Advertising Material" or "No Junk Mail" or other specified words indicating that advertising material was not to be deposited in that receptacle, slot or place; and (ii) that that sign or marking was clearly visible to a person depositing an item under that door; and (c) that on that date, or on one of those dates, (as the case may be) specified material was deposited under that door— is evidence of those matters. s. 43 -- 83 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 79 (3) However, a statutory declaration is not admissible as evidence under this section in any proceeding unless— (a) a copy of the statutory declaration was served on the defendant at least 21 days before the proceeding together with a statement— (i) that the certificate is to be used as evidence at the proceeding; and (ii) that the defendant has the right to require the prosecution to call as a witness the person who made the statutory declaration, and that the defendant must exercise that right if the defendant wishes to dispute any statement contained in the statutory declaration; and (iii) that specifies how the defendant is to exercise the right if he, she or it wishes to do so; and (b) the defendant does not give the prosecution a written notice requiring the person who made the statutory declaration to be called as witness at least 7 days before the proceeding starts.'. 44. Widening of notice requirement In section 58(1) of the Environment Protection Act 1970, for "Authority" substitute "prosecutor". 45. Who may take proceedings (1) After section 59(4) of the Environment Protection Act 1970 insert— "(5) Proceedings for an offence or infringement against Part VIIA may be taken by— s. 44 -- 84 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 80 (a) a litter enforcement officer; (b) by the person who, or body which, has the control or management of the land or waters where the offence or infringement occurred.". (2) In section 59AC of the Environment Protection Act 1970— (a) for "appointed to take the proceedings under section 59(1)" substitute "authorised to take the proceedings under section 59"; (b) after paragraph (c) insert— "; or (d) by a person authorised by the Authority to appear on behalf of informants in proceedings under this Act; or". 46. Who may issue infringement notices In section 63B of the Environment Protection Act 1970, in the definition of "prosecution officer", after paragraph (b) insert— "; and (c) in relation to an infringement under Part VIIA, a litter enforcement officer.". 47. Litter penalties to be paid to prosecutors In section 69(3) of the Environment Protection Act 1970— (a) in paragraph (b), after "or Part" insert "VIIA or"; (b) after paragraph (b) insert— "; and (c) penalties for offences or infringements under Part VIIA in cases where the prosecution was undertaken, or the s. 46 -- 85 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 81 infringement notice was issued, by a person authorised for that purpose by a litter authority must be paid into the litter authority's fund, or if the litter authority does not have a fund, but administers or uses money paid to or collected by it, to the litter authority as part of that money, once the penalties have been recovered.". 48. Use of penalty money After section 70(5) of the Environment Protection Act 1970 insert— "(5A) Money paid into the Environment Protection Fund under section 69(3)(c) is to be applied by the Authority for the purposes of environment protection.". 49. Infringement offences At the end of Schedule A to the Environment Protection Act 1970 insert— "Any offence under section 45E involving litter that is burning when it is deposited (including a cigarette butt) 2 penalty units Any offence under section 45E involving an extinguished cigarette butt, a ring pull or any other small item 1 penalty unit Any other offence under section 45E 2 penalty units Any offence under section 45L, 45M, 45N, 45O, 45P, 45Q, 45T, 45U, 45V, 45ZG or 45ZI(7) 2 penalty units An offence under section 45S 10 penalty units An offence under section 45X(2) or 45Y(2) 12 penalty units An offence under section 45ZB(3) 8 penalty units". s. 49 -- 86 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 82 50. Repeal of the Litter Act 1987 The Litter Act 1987 is repealed. 51. Consequential amendments to other Acts (1) In section 3(1) of the Road Safety Act 1986, in the definition of "traffic infringement", for paragraph (b) substitute— "(b) an offence against section 45E or 45F of the Environment Protection Act 1970 relating to the deposit of litter on, from or towards any vehicle; or". (2) In section 251A(7) of the Transport Act 1983, in the definition of "lost property", for "Litter Act 1987" substitute "Environment Protection Act 1970". __________________ -- 87 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 83 PART 5—MISCELLANEOUS AMENDMENTS 52. Repeal of minimum penalty Section 67AB of the Environment Protection Act 1970 is repealed. 53. Witnessing of statements—Magistrates' Court Act In the Magistrates' Court Act 1989, in Schedule 5, after clause 8(1)(b)(vi) insert— "(via) an authorised officer under the Environment Protection Act 1970; or". ═══════════════ s. 52 -- 88 of 89 -- Act No. 37/2002 Environment Protection (Resource Efficiency) Act 2002 84 ENDNOTES † Minister's second reading speech— Legislative Assembly: 9 May 2002 Legislative Council: 11 June 2002 The long title for the Bill for this Act was "to amend the Environment Protection Act 1970, the Local Government Act 1989 and the Magistrates' Court Act 1989, to repeal the Litter Act 1987 and for other purposes." Endnotes -- 89 of 89 --