Environment Protection (Liveable Neighbourhoods) Act 2001

i Environment Protection (Liveable Neighbourhoods) Act 2001 Act No. 7/2001 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 2 PART 2—PRINCIPLES OF ENVIRONMENT PROTECTION 3 3. Insertion of Purpose and Principles 3 1A. Purpose of Act 3 1B. Principle of integration of economic, social and environmental considerations 3 1C. The precautionary principle 4 1D. Principle of intergenerational equity 4 1E. Principle of conservation of biological diversity and ecological integrity 4 1F. Principle of improved valuation, pricing and incentive mechanisms 4 1G. Principle of shared responsibility 5 1H. Principle of product stewardship 5 1I. Principle of wastes hierarchy 6 1J. Principle of integrated environmental management 6 1K. Principle of enforcement 6 1L. Principle of accountability 7 4. Powers, duties and functions of the Authority 7 5. Orders may provide for economic measures 7 6. Economic measures 8 Division 1A—Economic Measures 8 19AA. Economic measures 8 19AB. Tradeable emission scheme 9 19AC. Offence 10 7. Power to make regulations 10 PART 3—NEIGHBOURHOOD ENVIRONMENT IMPROVEMENT PLANS 11 -- 1 of 36 -- Section Page ii 8. New Division 1B inserted 11 Division 1B—Neighbourhood Environment Improvement Plans 11 19AD. Definitions 11 19AE. Submission of voluntary proposal 12 19AF. Impetus for a directed proposal 12 19AG. Submission of directed proposal 13 19AH. Endorsement of a directed or voluntary proposal 14 19AI. Approval of neighbourhood environment improvement plan 14 19AJ. Review and amendment of approved neighbourhood environment improvement plan 17 19AK. Consideration of guidelines by Parliament 18 9. Amendment to section 31A 18 10. Amendment to section 31C 19 11. Review of Authority's direction to submit proposal 19 35A. Reviews in respect of directions under section 19AG 19 PART 4—ENVIRONMENTAL AUDITS 21 12. New Part IXD inserted 21 PART IXD—ENVIRONMENTAL AUDITS 21 53R. Purpose of Part 21 53S. Appointment of environmental auditor 21 53T. Fees paid by an environmental auditor 22 53U. Engagement of an environmental auditor 22 53V. Environmental audit report on risk caused by industrial process etc. 23 53W. Environmental audit of condition of segment of environment 23 53X. Environmental audit report on condition of segment of the environment 24 53Y. Certificate of environmental audit 24 53Z. Statement of environmental audit 25 53ZA. Incorrect certificate or statement of environmental audit 25 53ZB. Notification 27 53ZC. Offences 28 53ZD. Revocation of environmental auditor appointment 28 53ZE. Notification of received statements 29 13. Consequential amendments to Part X 29 14. Consequential amendment to Schedule A 30 PART 5—GENERAL AMENDMENTS 31 15. Amendment to definition 31 -- 2 of 36 -- Section Page iii 16. Fees determined in accordance with guidelines 31 17. Payment of licence fee 31 18. Dumping or abandoning industrial waste 31 19. Amendment to section 39 32 20. Amendment to section 55 32 21. Amendment to section 59AB 32 22. Amendment to section 63B 32 23. Financial assurances 32 ═══════════════ ENDNOTES 33 -- 3 of 36 -- 1 Environment Protection (Liveable Neighbourhoods) Act 2001 † [Assented to 8 May 2001] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The purpose of this Act is to amend the Environment Protection Act 1970— (a) to include principles of environment protection; Victoria No. 7 of 2001 -- 4 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 2 (b) to give the Authority the power to develop economic measures such as tradeable emission schemes; (c) to provide for neighbourhood environment improvement plans; (d) to make new provision for environmental audits; (e) to improve the operation of the Act. 2. Commencement (1) This section and section 1 and Part 2 and Part 5 (other than section 23) come into operation on the day after the day on which this Act receives the Royal Assent. (2) Section 23 is deemed to have come into operation on 1 October 2000. (3) The remaining provisions of this Act come into operation on a day or days to be proclaimed. (4) If any provision of this Act has not come into operation on or before 1 July 2001, the provision comes into operation on that day. _______________ s. 2 -- 5 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 3 PART 2—PRINCIPLES OF ENVIRONMENT PROTECTION 3. Insertion of Purpose and Principles After section 1 of the Environment Protection Act 1970 insert— "1A. Purpose of Act (1) The purpose of this Act is to create a legislative framework for the protection of the environment in Victoria having regard to the principles of environment protection. (2) The principles of environment protection are set out in sections 1B to 1L. (3) It is the intention of Parliament that in the administration of this Act regard should be given to the principles of environment protection. 1B. Principle of integration of economic, social and environmental considerations (1) Sound environmental practices and procedures should be adopted as a basis for ecologically sustainable development for the benefit of all human beings and the environment. (2) This requires the effective integration of economic, social and environmental considerations in decision making processes with the need to improve community well- being and the benefit of future generations. (3) The measures adopted should be cost- effective and in proportion to the significance of the environmental problems being addressed. See: Act No. 8056/1970. Reprint No. 13 as at 1 October 2000. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 6 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 4 1C. The precautionary principle (1) If there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. (2) Decision making should be guided by— (a) a careful evaluation to avoid serious or irreversible damage to the environment wherever practicable; and (b) an assessment of the risk-weighted consequences of various options. 1D. Principle of intergenerational equity The present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations. 1E. Principle of conservation of biological diversity and ecological integrity The conservation of biological diversity and ecological integrity should be a fundamental consideration in decision making. 1F. Principle of improved valuation, pricing and incentive mechanisms (1) Environmental factors should be included in the valuation of assets and services. (2) Persons who generate pollution and waste should bear the cost of containment, avoidance and abatement. s. 3 -- 7 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 5 (3) Users of goods and services should pay prices based on the full life cycle costs of providing the goods and services, including costs relating to the use of natural resources and the ultimate disposal of wastes. (4) Established environmental goals should be pursued in the most cost effective way by establishing incentive structures, including market mechanisms, which enable persons best placed to maximise benefits or minimise costs to develop solutions and responses to environmental problems. 1G. Principle of shared responsibility (1) Protection of the environment is a responsibility shared by all levels of Government and industry, business, communities and the people of Victoria. (2) Producers of goods and services should produce competitively priced goods and services that satisfy human needs and improve quality of life while progressively reducing ecological degradation and resource intensity throughout the full life cycle of the goods and services to a level consistent with the sustainability of biodiversity and ecological systems. 1H. Principle of product stewardship Producers and users of goods and services have a shared responsibility with Government to manage the environmental impacts throughout the life cycle of the goods and services, including the ultimate disposal of any wastes. s. 3 -- 8 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 6 1I. Principle of wastes hierarchy Wastes should be managed in accordance with the following order of preference— (a) avoidance; (b) re-use; (c) re-cycling; (d) recovery of energy; (e) treatment; (f) containment; (g) disposal. 1J. Principle of integrated environmental management If approaches to managing environmental impacts on one segment of the environment have potential impacts on another segment, the best practicable environmental outcome should be sought. 1K. Principle of enforcement Enforcement of environmental requirements should be undertaken for the purpose of— (a) better protecting the environment and its economic and social uses; (b) ensuring that no commercial advantage is obtained by any person who fails to comply with environmental requirements; (c) influencing the attitude and behaviour of persons whose actions may have adverse environmental impacts or who develop, invest in, purchase or use goods and services which may have adverse environmental impacts. s. 3 -- 9 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 7 1L. Principle of accountability (1) The aspirations of the people of Victoria for environmental quality should drive environmental improvement. (2) Members of the public should therefore be given— (a) access to reliable and relevant information in appropriate forms to facilitate a good understanding of environmental issues; (b) opportunities to participate in policy and program development.". 4. Powers, duties and functions of the Authority After section 13(1)(cb) of the Environment Protection Act 1970 insert— "(cc) to develop economic measures for the purpose of providing an economic incentive to avoid or minimise harm to the environment or any portion or segment of the environment by a particular activity;". 5. Orders may provide for economic measures After section 17(1A) of the Environment Protection Act 1970 insert— "(2) In and by any Order made under section 16(1) or 16(1A), the Governor in Council may specify requirements for developing economic measures, including prescribing conditions to which particular schemes are subject and the circumstances under which the Authority may alter, suspend or terminate the entitlements held under a scheme.". s. 4 -- 10 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 8 6. Economic measures After section 19 of the Environment Protection Act 1970 insert— "Division 1A—Economic Measures 19AA. Economic measures (1) The Authority may develop economic measures for the purpose of providing an economic incentive to avoid or minimise harm to the environment or any portion or segment of the environment by a particular activity. (2) Economic measures such as tradeable permit schemes and environmental offsets may be used as a means of achieving cost effective environmental protection or regulation. (3) An economic measure must clearly identify— (a) the objectives of the economic measure; (b) the type of economic measure proposed; (c) the particular activity in respect of which the economic measure is proposed to be used; (d) the harm to the environment or any portion or segment of the environment which it is proposed to avoid or minimise by using the economic measure; (e) how the economic measure will be integrated with any relevant policy, s. 6 -- 11 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 9 approval, permit, licence or other protection measure under this Act. 19AB. Tradeable emission scheme (1) Without limiting the generality of section 19AA, a tradeable emission scheme is an economic measure. (2) A tradeable emission scheme may provide for— (a) the determination and amendment of aggregate limits for the entitlement to emit a specified quantity of waste to the environment; (b) the monitoring and reporting of emission levels; (c) the determination of the rights and duties of holders of tradeable emission permits or credits; (d) the creation, cancellation or suspension of tradeable emission permits or credits; (e) the initial sale or allocation and further sale or allocation of tradeable emission permits or credits; (f) an electronic system for the exchange of tradeable emission permits or credits; (g) the intervention by the Authority in the event of anti-competitive behaviour. (3) Sub-section (2) does not limit the matters that may be included in an economic measure relating to a tradeable emission scheme. s. 6 -- 12 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 10 19AC. Offence (1) The holder of a tradeable emission permit must not discharge or emit waste into the environment of a volume, quantity or concentration which exceeds the entitlements held by that person. (2) A person who contravenes sub-section (1) is guilty of an indictable offence and liable to a penalty of not more than 2400 penalty units.". 7. Power to make regulations After section 71(1)(c) of the Environment Protection Act 1970 insert— "(ca) regulating the implementation of economic measures, including prescribing conditions to which particular schemes are subject and the circumstances under which the Authority may alter, suspend or terminate the entitlements held under a scheme;". _______________ s. 7 -- 13 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 11 PART 3—NEIGHBOURHOOD ENVIRONMENT IMPROVEMENT PLANS 8. New Division 1B inserted After section 19AC of the Environment Protection Act 1970 insert— 'Division 1B—Neighbourhood Environment Improvement Plans 19AD. Definitions In this Division— "directed proposal" means a proposal to develop a neighbourhood environment improvement plan that is submitted to the Authority under section 19AG; "intervention criteria" means criteria that are— (a) specified in an Order in Council published in the Government Gazette that declares a State environment protection policy or an industrial waste management policy; or (b) prescribed under this Act; "neighbourhood environment improvement plan" means a neighbourhood environment improvement plan that is developed as a result of either a directed proposal or a voluntary proposal; s. 8 -- 14 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 12 "voluntary proposal" means a proposal to develop a neighbourhood environment improvement plan that is submitted to the Authority under section 19AE. 19AE. Submission of voluntary proposal A protection agency may in the form and manner specified in guidelines issued by the Authority submit a proposal to develop a neighbourhood environment improvement plan to the Authority for endorsement. 19AF. Impetus for a directed proposal (1) A protection agency, having powers or duties with respect to a segment of the environment, may request the Authority to— (a) conduct a specified environmental audit using an environmental auditor; or (b) undertake an investigation— for the purposes of determining whether the beneficial uses of that segment of the environment are being protected. (2) A person other than a protection agency, who believes a beneficial use of a segment of the environment requires protection, may request the Authority to— (a) conduct a specified environmental audit; or (b) undertake an investigation— for the purposes of determining whether the beneficial uses of the segment of the environment are being protected. (3) A request under this section must be made in the manner and form specified in guidelines issued by the Authority. s. 8 -- 15 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 13 (4) In making a determination referred to in this section, the Authority must have regard to the applicable intervention criteria. (5) Within 30 days after receiving a request under this section, the Authority must notify the protection agency or the person, as the case may be, whether or not the Authority intends— (a) to conduct a specified environmental audit; or (b) to undertake an investigation. (6) If the Authority conducts a specified environmental audit using an environmental auditor or undertakes an investigation as requested under this section, the Authority must within 30 days after receiving the results of the audit or the investigation notify the protection agency or the person, as the case may be, of— (a) the results of the specified environmental audit or the investigation; and (b) the actions, if any, that the Authority intends to take as a consequence of the results. 19AG. Submission of directed proposal (1) After consultation with a protection agency, the Authority may by notice in writing direct the protection agency to submit within a specified period a proposal to develop a neighbourhood environment improvement plan to the Authority for endorsement if— s. 8 -- 16 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 14 (a) a statement of environmental audit has been issued stating that the beneficial uses of a segment of the environment are not being protected; and (b) the Authority is of the opinion that the applicable intervention criteria are met. (2) A protection agency must, if so directed by the Authority, submit in the form and manner specified in guidelines issued by the Authority a proposal to develop a neighbourhood environment improvement plan to the Authority for endorsement. 19AH. Endorsement of a directed or voluntary proposal (1) The Authority may endorse a directed or voluntary proposal to develop a neighbourhood environment improvement plan if the Authority is satisfied that all persons who may be required to undertake specified works under the proposed plan have agreed to participate in the development of the plan. (2) The Authority may impose any term, condition, limitation or restriction on that endorsement. (3) The Authority must by notice in writing to the relevant protection agency specify the reasons for imposing any term, condition, limitation or restriction on that endorsement. 19AI. Approval of neighbourhood environment improvement plan (1) A protection agency must submit a neighbourhood environment improvement plan that is prepared in accordance with a s. 8 -- 17 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 15 proposal endorsed under section 19AH to the Authority for approval. (2) The Authority may direct the protection agency to amend the neighbourhood environment improvement plan submitted to the Authority for approval. (3) The Authority may only approve an neighbourhood environment improvement plan if the plan— (a) specifies the area in respect of which the plan operates; and (b) is consistent with any applicable State environment protection policy or industrial waste management policy; and (c) provides for the monitoring of compliance with the neighbourhood environment improvement plan and the reporting of the implementation of agreed outcomes; and (d) requires consultation with all persons whose interests are affected by the plan; and (e) provides for the participation of the persons who were involved in the development of the plan in the evaluation of the plan's effectiveness in achieving the agreed outcomes; and (f) provides the mechanism for review of the plan by the relevant protection agency; and (g) provides for the identification and allocation of resources to fund the implementation of the plan and any review and amendment of the plan; and s. 8 -- 18 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 16 (h) takes account of any relevant environment improvement plan, regional waste management plan or regional catchment strategy within the meaning of the Catchment and Land Protection Act 1994; and (i) takes account of any relevant planning scheme approved under the Planning and Environment Act 1987 or any municipal strategic statement within the meaning of that Act; and (j) where it requires the undertaking of specified works, states that the person who is to undertake those works has agreed to do so; and (k) provides for contingency or emergency plans; and (l) requires responsible authorities within the meaning of the Planning and Environment Act 1987 to have regard to the plan when exercising their powers, functions and duties in relation to the segment of the environment to which the plan relates. (4) The Authority must publish notice of its approval of a neighbourhood environment improvement plan in the Government Gazette. (5) An approved neighbourhood environment improvement plan applies as from the date specified in the notice of approval published in the Government Gazette. s. 8 -- 19 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 17 19AJ. Review and amendment of approved neighbourhood environment improvement plan (1) If following a review of a neighbourhood environment improvement plan in accordance with the review mechanism referred to in section 19AI(3)(f) a protection agency is of the opinion that an amendment to the plan is required, the protection agency may submit a proposal to amend the plan to the Authority for approval. (2) The Authority may only approve a proposal to amend a neighbourhood environment improvement plan if the Authority is satisfied that— (a) the protection agency has consulted with those persons who may be required to undertake specified works under the proposed amendment to the plan; and (b) persons who may be required to undertake specified works under the proposed amendment to the plan have agreed to undertake those works; and (c) the amended plan will be consistent with the requirements in section 19AI(3). (3) The Authority may impose any term, condition, limitation or restriction on the approval of the proposed amendment to the neighbourhood environment improvement plan. (4) The Authority must by notice in writing to the relevant protection agency specify the s. 8 -- 20 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 18 reasons for imposing any term, condition, limitation or restriction on that approval. (5) The Authority must publish notice of its approval of an amendment to a neighbourhood environment improvement plan in the Government Gazette. (6) An approved amendment to a neighbourhood environment improvement plan applies as from the date specified in the notice of approval published in the Government Gazette. 19AK. Consideration of guidelines by Parliament (1) The Authority must ensure that a copy of every guideline issued by the Authority under section 19AE, 19AF(3) or 19AG(2) is laid before both Houses of Parliament on or before the sixth sitting day after the guideline is issued. (2) A guideline laid before Parliament under sub-section (1) may be disallowed in whole or in part by either House of Parliament. (3) Sections 23 and 24 of the Subordinate Legislation Act 1994 apply to a guideline laid before Parliament under sub-section (1) as if references to a "statutory rule" under those sections were a reference to such a guideline.'. 9. Amendment to section 31A (1) In section 31A(1)(b) of the Environment Protection Act 1970 after sub-paragraph (iv) insert— "(v) any neighbourhood environment improvement plan prepared as a result of a directed proposal; or". s. 9 -- 21 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 19 (2) In section 31A(2)(g) of the Environment Protection Act 1970 after "plan" insert "or a neighbourhood environment improvement plan prepared as a result of a directed proposal". 10. Amendment to section 31C After section 31C(6) of the Environment Protection Act 1970 insert— "(7) An environment improvement plan must be consistent with any relevant neighbourhood environment improvement plan.". 11. Review of Authority's direction to submit proposal (1) After section 32(1)(d) of the Environment Protection Act 1970 insert— "(e) a direction to a protection agency to submit a proposal to develop a neighbourhood environment improvement plan to the Authority for endorsement;". (2) After section 35 of the Environment Protection Act 1970 insert— "35A. Reviews in respect of directions under section 19AG A person whose interests are affected by a decision of the Authority under section 19AG may, within 21 days of the decision, apply to the Tribunal for review of the decision.". (3) After section 37(b) of the Environment Protection Act 1970 insert— "(ba) in the case of a direction under section 19AG, confirm, amend or revoke the direction;". _______________ s. 10 -- 22 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 20 -- 23 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 21 PART 4—ENVIRONMENTAL AUDITS 12. New Part IXD inserted After section 53Q of the Environment Protection Act 1970 insert— "PART IXD—ENVIRONMENTAL AUDITS 53R. Purpose of Part The purpose of this Part is to provide for— (a) the appointment of environmental auditors; and (b) a system of environmental audit of— (i) the condition of a segment of the environment; and (ii) the risk of any possible harm or detriment to a segment of the environment caused by any industrial process or activity, waste, substance or noise— for use in the planning, approving, regulating, managing or conducting of activities and in the protection of the environment. 53S. Appointment of environmental auditor (1) The Authority may appoint any person to be an environmental auditor for the purposes of this Act. (2) The Authority may— (a) suspend or revoke an appointment; or (b) impose any conditions to an appointment. s. 12 -- 24 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 22 (3) The Authority must issue to every environmental auditor an authority in writing bearing a signed photograph of the auditor. (4) An environmental auditor must produce his or her authority in writing if requested to do so. (5) The function of an environmental auditor is— (a) to conduct environmental audits; and (b) to prepare environmental audit reports; and (c) if requested, to issue certificates of environmental audit or statements of environmental audit. (6) An environmental auditor must have regard to any guidelines issued by the Authority for the purposes of this Act in carrying out his or her functions 53T. Fees paid by an environmental auditor (1) Subject to sub-section (2), a person may not be appointed as an environmental auditor unless the person has paid an appointment fee of 170 fee units to the Authority. (2) The Authority may exempt a person from the payment of the fee under sub-section (1). (3) An environmental auditor must pay the fee prescribed in respect of an environmental audit within 7 days after completing an audit. 53U. Engagement of an environmental auditor A person may engage an environmental auditor to conduct an environmental audit in accordance with this Part. s. 12 -- 25 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 23 53V. Environmental audit report on risk caused by industrial process etc. An environmental audit report in relation to the risk of any possible harm or detriment to a segment of the environment caused by any industrial process or activity, waste, substance or noise must— (a) specify the industrial process or activity, waste, substance or noise in respect of which the environmental audit was conducted; and (b) state the name of the person who has engaged the environmental auditor to conduct the environmental audit; and (c) be signed by the environmental auditor; and (d) specify the results of the environmental audit. 53W. Environmental audit of condition of segment of environment (1) If an environmental auditor is engaged to conduct an environmental audit of the condition of a segment of the environment, he or she must prepare an environmental audit report before issuing a certificate of environmental audit or a statement of environmental audit. Penalty: 300 penalty units. (2) A certificate of environmental audit or a statement of environmental audit is invalid if it was issued before the completion of an environmental audit report. s. 12 -- 26 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 24 53X. Environmental audit report on condition of segment of the environment An environmental audit report in relation to the condition of a segment of the environment must— (a) specify the segment of the environment in respect of which the environmental audit was conducted; and (b) state the name of the person who has engaged the environmental auditor to conduct the environmental audit; and (c) be signed by the environmental auditor; and (d) include— (i) an evaluation of the environmental quality of the relevant segment of the environment; and (ii) an assessment of whether any clean up is required to that segment of the environment; and (iii) if any clean up is necessary, any recommendations relating to the carrying out of the clean up. 53Y. Certificate of environmental audit (1) In determining whether or not to issue a certificate of environmental audit, an environmental auditor must have regard to— (a) the beneficial uses that may be made of the relevant segment of the environment; and s. 12 -- 27 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 25 (b) any relevant State environment protection policy or industrial waste management policy. (2) If an environmental auditor is of the opinion that the condition of the relevant segment of the environment is or is potentially detrimental to any beneficial use of that segment, the environmental auditor must refuse to issue a certificate of environmental audit. 53Z. Statement of environmental audit (1) If an environmental auditor determines not to issue a certificate of environmental audit, he or she must issue a statement of environmental audit. (2) A statement of environmental audit must specify— (a) the reasons why the environmental auditor determined not to issue a certificate of environmental audit; and (b) the beneficial uses of the segment of the environment that are protected; and (c) the terms and conditions that need to be complied with before a certificate of environmental audit may be issued. 53ZA. Incorrect certificate or statement of environmental audit (1) If an environmental auditor is of the opinion that he or she has issued a certificate or statement of environmental audit that is incorrect in a material particular, the environmental auditor may withdraw the certificate or statement and— s. 12 -- 28 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 26 (a) conduct another environmental audit report and issue a new certificate or statement; or (b) issue a new certificate or statement. (2) An environmental auditor may amend any certificate or statement of environmental audit to correct any— (a) clerical mistake or unintentional error or omission; (b) figure or figures that have been miscalculated; (c) misdescription of any person, thing or property. (3) If the environmental auditor withdraws a certificate or statement of environmental audit under this section, the auditor must notify the Authority and the relevant responsible authority within the meaning of the Planning and Environment Act 1987 of the withdrawal within 7 days after the withdrawal. (4) If the environmental auditor has amended a certificate or statement of environmental audit or has issued a new certificate or statement, the auditor must send to the Authority and to the relevant responsible authority within the meaning of the Planning and Environment Act 1987 a copy of the certificate or statement within 7 days after amending or issuing it. (5) If the environmental auditor is for any reason unable to perform the functions and duties of his or her appointment, the Authority may withdraw an incorrect certificate or statement of environmental audit. s. 12 -- 29 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 27 (6) If the Authority withdraws an incorrect certificate or statement of environmental audit, the Authority must notify the relevant responsible authority within the meaning of the Planning and Environment Act 1987 of the withdrawal within 7 days after the withdrawal. 53ZB. Notification (1) If an environmental auditor is engaged to issue a certificate of environmental audit, the environmental auditor must within 7 days after receiving the request send to the Authority a statement in writing specifying— (a) the name of the person who has engaged the environmental auditor; and (b) the location of the relevant segment of the environment in respect of which the request has been made; and (c) the proposed completion date of the environmental audit. Penalty: 300 penalty units. (2) An environmental auditor must within 7 days after completing an environmental audit report send to the Authority and the relevant planning authority and responsible authority within the meaning of the Planning and Environment Act 1987— (a) a copy of the environmental audit report; and s. 12 -- 30 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 28 (b) if the environmental auditor determines not to issue a certificate of environmental audit, a copy of a statement of environmental audit; and (c) if the environmental auditor determines to issue a certificate of environmental audit, a copy of the certificate of environmental audit. Penalty: 300 penalty units. (3) An environmental auditor must notify the Authority of any imminent environmental hazard as soon as is practicable after becoming aware of the hazard in the course of conducting an environmental audit. Penalty: 300 penalty units. 53ZC. Offences (1) An environmental auditor must not— (a) give false or misleading information to the Authority; or (b) issue a certificate of environmental audit or a statement of environmental audit which is false or misleading; or (c) conceal any relevant information or document from the Authority. (2) An environmental auditor who contravenes sub-section (1) is guilty of an indictable offence. Penalty: 2400 penalty units or imprisonment for 2 years or both. 53ZD. Revocation of environmental auditor appointment If an environmental auditor is convicted of an offence against section 53ZC, the s. 12 -- 31 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 29 Authority must revoke his or her appointment as an environmental auditor. 53ZE. Notification of received statements (1) Where a statement of environmental audit has been issued in respect of any premises and a certificate of environmental audit in respect of the premises has not been issued subsequent to the statement, the occupier of the premises must provide a copy of the statement to any person who proposes to become the occupier of the premises. (2) If a person becomes the occupier of any premises and the previous occupier did not comply with sub-section (1), the current occupier may, within 12 months of becoming the occupier, recover from the previous occupier in any court of competent jurisdiction any reasonable costs incurred in complying with the terms and conditions of the statement of environmental audit.". 13. Consequential amendments to Part X (1) In section 57 of the Environment Protection Act 1970— (a) in sub-sections (1) and (2) omit ", environmental auditor"; (b) in sub-section (3) omit ", environmental auditor" where twice occurring; (c) sub-sections (4) and (5) are repealed. (2) Section 57AA of the Environment Protection Act 1970 is repealed. (3) After section 70(3)(ab) of the Environment Protection Act 1970 insert— s. 13 -- 32 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 30 "(ac) any money collected as a fee under section 53T(3); and". (4) After section 70(6) of the Environment Protection Act 1970 insert— "(6A) Money paid into the Environment Protection Fund under sub-section (3)(ac) is to be applied by the Authority for the purposes of Part IXD.". (5) After section 71(1)(ac) of the Environment Protection Act 1970 insert— "(aca) prescribing a fee with respect to a completed environmental audit;". 14. Consequential amendment to Schedule A In Schedule A to the Environment Protection Act 1970 for "57AA(5)" substitute "53ZB(1), 53ZB(2) or 53ZB(3)". _______________ s. 14 -- 33 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 31 PART 5—GENERAL AMENDMENTS 15. Amendment to definition In section 4(1) of the Environment Protection Act 1970 in the definition of "ozone-depleting substance" after "halon" insert ", hydrochlorofluorocarbon". 16. Fees determined in accordance with guidelines In section 13(1)(h) of the Environment Protection Act 1970, before sub-paragraph (ii) insert— "(i) determined by the Authority in accordance with the relevant guidelines published from time to time by the Office of Public Employment; or". 17. Payment of licence fee (1) For section 24(1)(a) of the Environment Protection Act 1970 substitute— "(a) on the day on which it is issued and annually on the date fixed by the Authority while the licence continues in force; or". (2) In section 71(1)(aa) of the Environment Protection Act 1970 for "and the anniversary of the issue of a licence" substitute "of a licence and annually on the date fixed by the Authority under section 24(1)(a)". 18. Dumping or abandoning industrial waste In section 27A(2) of the Environment Protection Act 1970— (a) after "dumped or abandoned" insert "a particular kind of"; s. 15 -- 34 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 32 (b) in paragraph (a) after "industrial waste" insert "of that kind". 19. Amendment to section 39 In section 39(3) of the Environment Protection Act 1970 after "placed" insert "or left". 20. Amendment to section 55 In section 55(2) of the Environment Protection Act 1970 after "photographs" insert "or films and make such audio, video or other recordings". 21. Amendment to section 59AB After section 59AB(5) of the Environment Protection Act 1970 insert— "(6) Notwithstanding the rule against hearsay, a transport certificate relating to the transport of prescribed industrial waste shall be admissible in evidence in any proceedings under this Act and shall be prima facie evidence of the matters stated therein.". 22. Amendment to section 63B In section 63B(1) of the Environment Protection Act 1970 in paragraph (ab) of the definition of "prosecution officer" for "section 48A(3) or (8)" substitute "section 48A(8)". 23. Financial assurances In section 67B(1) of the Environment Protection Act 1970 for "53B" substitute "53F". ═══════════════ s. 19 -- 35 of 36 -- Act No. 7/2001 Environment Protection (Liveable Neighbourhoods) Act 2001 33 ENDNOTES † Minister's second reading speech— Legislative Assembly: 2 November 2000 Legislative Council: 3 April 2001 The long title for the Bill for this Act was "to amend the Environment Protection Act 1970 to include principles of environment protection, to provide for neighbourhood environment improvement plans and for other purposes." Endnotes -- 36 of 36 --