to provide for the continuation of the Environment Protection Authority; and
(b)
to specify a new objective of the Environment Protection Authority; and
(c)
to provide for a new governance structure of the continued Environment Protection Authority; and
(d)
to provide for the Governing Board of the Environment Protection Authority; and
S. 1(e) inserted by No. 39/2018 s. 5(1).
(e)
to set out principles of environment protection; and
S. 1(f) inserted by No. 39/2018 s. 5(1).
(f)
to set out the legislative framework for the protection of human health and the environment from pollution and waste; and
S. 1(g) inserted by No. 39/2018 s. 5(1).
(g)
to provide for a general environmental duty to minimise risks of harm to human health and the environment from pollution or waste; and
S. 1(h) inserted by No. 39/2018 s. 5(1).
(h)
to establish a permissions scheme that enables the Environment Protection Authority to issue or grant development licences, operating licences, pilot project licences, permits and registrations; and
S. 1(i) inserted by No. 39/2018 s. 5(1).
(i)
to provide a framework for the management of waste; and
S. 1(j) inserted by No. 39/2018 s. 5(1), repealed by No. 36/2022 s. 25.
* * * * *
S. 1(k) inserted by No. 39/2018 s. 5(1).
(k)
to enable the Environment Protection Authority and authorised officers to ensure compliance with the Act and require action to manage risks of harm to human health and the environment from pollution or waste; and
S. 1(l) inserted by No. 39/2018 s. 5(1).
(l)
to provide for a system of criminal and civil penalties; and
S. 1(m) inserted by No. 39/2018 s. 5(1).
(m)
to provide for a system of civil remedies and compensation orders available to the Court; and
S. 1(e) renumbered as s. 1(o) by No. 39/2018 s. 5(2)(a), amended by No. 39/2018 s. 5(2)(b)(c).
(o)
to make consequential amendments to the Public Administration Act 2004 and other Acts.
2Commencement
(1)
Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)
If a provision of this Act does not come into operation before 1 July 2018, it comes into operation on that day.
4What is harm?
(1)
In this Act, harm, in relation to human health or the environment, means an adverse effect on human health or the environment (of whatever degree or duration) and includes—
(a)
an adverse effect on the amenity of a place or premises that unreasonably interferes with or is likely to unreasonably interfere with enjoyment of the place or premises; or
(b)
a change to the condition of the environment so as to make it offensive to the senses of human beings; or
(c)
anything prescribed to be harm for the purposes of this Act or the regulations.
(2)
For the purposes of subsection (1), harm may arise as a result of the cumulative effect of harm arising from an activity combined with harm arising from other activities or factors.
New s. 5 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
5What is material harm?
(1)
In this Act, material harm, in relation to human health or the environment means harm that is caused by pollution or waste that—
(a)
involves an actual adverse effect on human health or the environment that is not negligible; or
(b)
involves an actual adverse effect on an area of high conservation value or of special significance; or
(c)
results in, or is likely to result in, costs in excess of the threshold amount being incurred in order to take appropriate action to prevent or minimise the harm or to rehabilitate or restore the environment to the state it was in before the harm.
(2)
For the purposes of subsection (1), harm may become material harm regardless of the period of time in which the harm occurs and as a result of—
(a)
a single occurrence of harm arising from an activity; or
(b)
multiple occurrences of harm arising from the same activity; or
(c)
the cumulative effect of harm arising from an activity combined with harm arising from other activities or factors.
(3)
In this section, threshold amount means $10 000 or a higher amount prescribed by the regulations.
New s. 6 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
6The concept of minimising risks of harm to human health and the environment
(1)
A duty imposed on a person under this Act to minimise, so far as reasonably practicable, risks of harm to human health and the environment requires the person—
(a)
to eliminate risks of harm to human health and the environment so far as reasonably practicable; and
(b)
if it is not reasonably practicable to eliminate risks of harm to human health and the environment, to reduce those risks so far as reasonably practicable.
(2)
To determine what is (or was at a particular time) reasonably practicable in relation to the minimisation of risks of harm to human health and the environment, regard must be had to the following matters—
(a)
the likelihood of those risks eventuating;
(b)
the degree of harm that would result if those risks eventuated;
(c)
what the person concerned knows, or ought reasonably to know, about the harm or risks of harm and any ways of eliminating or reducing those risks;
(d)
the availability and suitability of ways to eliminate or reduce those risks;
(e)
the cost of eliminating or reducing those risks.
New s. 7 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
7Application of Act
(1)
This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
(2)
This Act does not apply to a radiation source within the meaning of the Radiation Act 2005 unless a serious risk to human health or the environment from pollution or waste has arisen or is likely to arise.
New s. 8 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
8Extraterritorial application of Act
(1)
This Act extends to, and applies to and in relation to, the territorial seas adjacent to the coasts of Victoria.
S. 8(2) amended by No. 36/2022 s. 27.
(2)
This Act extends to, and applies to, the discharge or deposit of pollution or waste into, or on to, the waters of the River Murray from any place or premises that is in Victoria and extends to, and applies in relation to, any permission issued or granted or any proceedings brought in relation to the discharge or deposit.
(3)
A reference in this Act to waters includes a reference to the waters of the River Murray in respect of pollution or waste that has been deposited into, or on to, the waters of the River Murray from the Victorian bank of the River Murray.
New s. 9 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
9Simplified outlines
A simplified outline of any portion of this Act set out in a section of this Act is intended only as a guide to readers as to the general scheme and effect of that portion of this Act.
Ch. 2 (Headings and new ss 10–23) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
10Simplified outline—Chapter 2
Pt 2.1 (Heading and new s. 10) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
New s. 10 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
(1)
This section sets out a simplified outline of this Chapter.
(2)
Part 2.2 provides for the application of this Chapter.
(3)
Part 2.3 sets out the principles of environment protection.
11Specified principles of environment protection
Pt 2.2 (Heading and new ss 11, 12) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
New s. 11 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
(1)
This Chapter specifies the principles of environment protection.
(2)
It is the intention of Parliament that in the administration of this Act and the regulations regard should be given to the principles specified in this Chapter.
Note
In making certain decisions under this Act the Authority or the Minister must take into account the principles of environment protection.
New s. 12 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
12Effect of this Chapter
The Parliament does not intend by this Chapter to create in any person a legal right or give rise to any civil cause of action.
13Principle of integration of environmental, social and economic considerations
Pt 2.3 (Heading and new ss 13–23) inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
New s. 13 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
Environmental, social and economic considerations should be effectively integrated.
New s. 14 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
