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Bill homepage (legislation.vic.gov.au)The purpose of this Act is to—
establish Sustainability Victoria and provide for it to be the successor in law of the Sustainable Energy Authority Victoria and EcoRecycle Victoria;
amend the Environment Protection Act 1970 by repealing the provisions relating to EcoRecycle Victoria and transferring the functions and powers of EcoRecycle Victoria to Sustainability Victoria;
repeal the Sustainable Energy Authority Victoria Act 1990;
consequentially amend certain Acts.
Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent.
The remaining provisions of this Act come into operation on a day or days to be proclaimed.
If a provision referred to in subsection (2) does not come into operation before 1 July 2006, it comes into operation on that day.
In this Act—
S. 3. def. of Alpine Resort Management Board inserted by No. 36/2022 s. 76(a).
Alpine Resort Management Board has the same meaning as Board has in section 3 of the Alpine Resorts (Management) Act 1997;
S. 3. def. of Auditor-General inserted by No. 36/2022 s. 76(a).
Auditor-General has the same meaning as in the Audit Act 1994;
Chief Executive Officer means the Chief Executive Officer appointed under section 15;
S. 3. def. of commercially-sensitive information inserted by No. 36/2022 s. 76(a).
commercially-sensitive information means information that relates to matters of a business, commercial or financial nature, the disclosure of which would be likely to unreasonably expose a person to disadvantage;
S. 3. def. of council inserted by No. 36/2022 s. 76(a).
council has the same meaning as Council has in section 3(1) of the Local Government Act 2020;
S. 3. def. of de-identified inserted by No. 36/2022 s. 76(a).
de-identified, in relation to personal, commercially-sensitive or confidential information, means no longer relating to an identifiable individual or an individual who can be reasonably identified;
S. 3. def. of Department amended by Nos 20/2014 s. 33, 41/2025 s. 4(Sch. 2 item 28).
Department means the Department of Energy, Environment and Climate Action;
S. 3. def. of Environment Protection Authority inserted by No. 36/2022 s. 76(a).
Environment Protection Authority has the same meaning as Authority has in section 3(1) of the Environment Protection Act 2017;
S. 3. def. of government agency inserted by No. 36/2022 s. 76(a), amended by No. 11/2026 s. 31(Sch. 1 item 3.1(a)).
government agency means—
the Environment Protection Authority; or
a council; or
the Municipal Association of Victoria within the meaning of the Municipal Association Act 1907; or
an Alpine Resort Management Board; or
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a public sector body prescribed to be a government agency; or
a public sector body of another State, a Territory or the Commonwealth prescribed to be a government agency;
S. 3. def. of Head, Recycling Victoria inserted by No. 36/2022 s. 76(a), repealed by No. 11/2026 s. 31(Sch. 1 item 3.1(b)).
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S. 3. def. of IBAC inserted by No. 36/2022 s. 76(a).
IBAC has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011;
member means a member of Sustainability Victoria;
S. 3. def. of Ombudsman inserted by No. 36/2022 s. 76(a).
Ombudsman means the person appointed as the Ombudsman under section 3 of the Ombudsman Act 1973;
S. 3. def. of personal information inserted by No. 36/2022 s. 76(a).
personal information has the same meaning as in the Privacy and Data Protection Act 2014;
renewable energy includes energy which comes from sources such as the sun, wind, waves, tides, the hydrological cycle, biomass and geothermal sources;
resource efficiency means using water, energy and materials more productively so as to ease demand pressures on our limited natural resources;
Secretary means the person who is the Department Head of the Department within the meaning of the Public Administration Act 2004;
Sustainability Victoria means Sustainability Victoria established by section 5;
S. 3. def. of Victorian Inspectorate inserted by No. 36/2022 s. 76(a).
Victorian Inspectorate has the same meaning as in the Victorian Inspectorate Act 2011;
S. 3. def. of waste amended by Nos 39/2018 s. 56(1), 36/2022 s. 76(b).
waste has the same meaning as it has in section 3(1) of the Environment Protection Act 2017;
S. 3. def. of waste, recycling or resource recovery service inserted by No. 36/2022 s. 76(a).
waste, recycling or resource recovery service has the same meaning as in Circular Economy (Waste Reduction and Recycling) Act 2021.
It is the intention of Parliament that in the administration of this Act the following are to be considered as guiding principles—
that decision making processes should effectively integrate both long-term and short-term economic, environmental, social and equity considerations;
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;
the need to consider the global dimension of environmental impacts of actions and policies;
the need to develop a strong, growing and diversified economy which can enhance the capacity for environment protection;
the need to maintain and enhance international competitiveness in an environmentally sound manner;
the need to adopt cost effective and flexible policy instruments such as improved valuation, pricing and incentive mechanisms;
the need to facilitate community involvement in decisions and actions on issues that affect the community.
Part 2—Sustainability Victoria
There is established a body corporate called Sustainability Victoria.
Sustainability Victoria—
has perpetual succession;
is capable of acquiring, holding and disposing of property;
may sue and be sued in its corporate name;
has a common seal;
subject to this Act, may do and suffer all acts and things that a body corporate may by law do and suffer.
The common seal of Sustainability Victoria can only be used in a way approved by Sustainability Victoria.
All courts and people acting judicially must take judicial notice of the common seal of Sustainability Victoria.
The objective of Sustainability Victoria is to facilitate and promote environmental sustainability in the use of resources.
The functions of Sustainability Victoria are to—
ensure that its objective is met to the maximum extent that is practicable;
foster a stewardship ethos in relation to the use of resources;
facilitate the implementation of environmentally sustainable measures in all sectors of the Victorian economy, including local government, business and households;
provide information and advice on issues relating to environmental sustainability;
provide information and advice on the efficient use of energy, including renewable energy, and the resulting benefit to all sectors of the Victorian community;
encourage and promote the development and use of environmentally sustainable practices, markets, technologies and industries, including resource efficiency, energy efficiency, renewable energy and water;
promote throughout Victoria waste avoidance, waste reduction and recovery, re‑use, recycling of resources and best practices in waste management;
facilitate the uptake of fledgling technologies, industries, markets and practices in environmental sustainability, including demonstration projects;
facilitate the development of voluntary environmental sustainability initiatives;
contribute to the development of strategies and measures for the implementation of Government policy objectives on increased resource efficiency;
develop and publish implementation strategies for the achievement of Government policy objectives for environmental sustainability, including increased resource efficiency;
work in conjunction with the Department and, where appropriate, in conjunction with other Government Departments, on environmental sustainability policies and strategies;
develop and implement community education and awareness strategies in relation to environmental sustainability;
S. 7(n) substituted by No. 55/2021 s. 211, amended by No. 11/2026 s. 31(Sch. 1 item 3.2(a)).
provide information, advice and support to the Environment Protection Authority under the Circular Economy (Waste Reduction and Recycling) Act 2021 and assist the Environment Protection Authority in developing and implementing strategies and plans that foster sustainable, resilient and effective markets within a circular economy;
S. 7(o) substituted by No. 55/2021 s. 211, amended by Nos 9/2022 s. 43, 11/2026 s. 31(Sch. 1 item 3.2(b)).
in conjunction with the Environment Protection Authority, advise councils, Alpine Resorts Victoria and businesses on best practices for waste, recycling or resource recovery services, systems, facilities, infrastructure and technology;
S. 7(oa) inserted by No. 20/2014 s. 34, amended by No. 39/2018 s. 56(2), repealed by No. 36/2022 s. 77.
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develop, and contribute to the development of, plans, guidelines, codes of practice and reports on issues relating to environmental sustainability;
monitor and evaluate research and development on environmental sustainability issues, including resource efficiency and renewable energy;
develop tools to measure, monitor and report on Government waste, water and energy targets;
enter into agreements to further environmental sustainability, including agreements to provide financial assistance for that purpose;
provide advice on the implementation of environmental sustainability policies;
provide advice to the Minister on issues concerning environmental sustainability and environmentally sustainable markets, including issues relating to resource efficiency, renewable energy, greenhouse gases and waste management.
Sustainability Victoria may do all things that are necessary or convenient to enable it to carry out its functions and achieve its objective.
Without limiting subsection (1), Sustainability Victoria may apply for, obtain and hold intellectual property rights, including patents, copyrights, trade marks and registered designs.
Sustainability Victoria is to have not less than 7 members and not more than 9 members.
Members are to be appointed by the Minister.
Of the members—
one is to be a member nominated by the Minister administering the Electricity Industry Act 2000;
S. 9(3)(b) substituted by No. 20/2014 s. 35(1).
2 are to be members who have skills, experience or knowledge relating to waste management within local government;
S. 9(3)(c) substituted by No. 20/2014 s. 35(1).
2 are to be members who have skills, experience or knowledge relating to the waste industry.
S. 9(4) amended by No. 20/2014 s. 35(2).
In appointing a member other than a member referred to in subsection (3)(a), the Minister—
may only appoint a person who, in the opinion of the Minister, has skills, experience or knowledge that will assist Sustainability Victoria to carry out its functions and achieve its objective; and
S. 9(4)(b) amended by No. 20/2014 s. 35(3).
must attempt to ensure that collectively the members of Sustainability Victoria have skills, experience or knowledge relating to the environment, marketing, change management, business management, education, behavioural change, energy and resources and regional and rural affairs.
S. 9(4A) inserted by No. 20/2014 s. 35(4).
(4A) A member appointed under section 9(3)(b) or (c) and in office immediately before the commencement of section 35 of the Environment Protection and Sustainability Victoria Amendment Act 2014 remains in office until his or her term of office expires.
The Minister must appoint—
one of the members to be the Chairperson of Sustainability Victoria; and
one of the members to be the Deputy Chairperson of Sustainability Victoria.
S. 9(6) inserted by No. 20/2014 s. 35(5).
Despite the amendment of this section by section 35 of the Environment Protection and Sustainability Victoria Amendment Act 2014, Sustainability Victoria continues as the same legal entity as in operation immediately before the commencement of that section.
A member—
holds office for the period specified in the instrument of appointment, which must be a period of not more than 5 years;
holds office on the terms and conditions determined by the Minister;
may be re-appointed;
may resign from office by delivering a signed letter of resignation to the Minister;
S. 10(1)(e) amended by No. 80/2006 s. 26(Sch. item 99.1).
may be removed from office at any time by the Minister;
S. 10(1)(f) inserted by No. 80/2006 s. 26(Sch. item 99.2).
is in respect of the office of member subject to the Public Administration Act 2004 (other than Part 3 of that Act).
The Minister must remove a member from office if the member—
S. 10(2)(a) amended by No. 4/2008 s. 32(Sch. item 32).
becomes an insolvent under administration; or
is convicted of an indictable offence or is imprisoned for any offence; or
fails to comply with section 12.
A meeting of Sustainability Victoria is to be presided over by—
the Chairperson; or
in the absence of the Chairperson, the Deputy Chairperson; or
in the absence of both the Chairperson and Deputy Chairperson, a member elected by the members present at the meeting.
A matter cannot be decided at a meeting unless at least a majority of the members are present.
The decision on a question of the majority of the members present and voting on the question is the decision of Sustainability Victoria.
The person presiding at a meeting has—
a deliberative vote; and
in the event of an equality of votes on any question, a second or casting vote.
Sustainability Victoria may conduct all or any part of a meeting by using telephones, video links or any other system of telecommunication.
Subject to this Act, Sustainability Victoria may otherwise regulate its own procedure.
A member who has a direct or an indirect pecuniary interest in any matter being considered, or about to be considered, by Sustainability Victoria must disclose the nature of that interest at a meeting of Sustainability Victoria as soon as possible after becoming aware of the relevant facts.
A member who holds an office or possesses property as a result of which, directly or indirectly, duties or interests may be created in conflict with his or her duties as a member, must disclose that fact at a meeting of Sustainability Victoria as soon as possible after becoming aware of the potential conflict.
The person presiding at a meeting at which a disclosure under this section is made must ensure that the disclosure is recorded in the minutes of the meeting, and that the minutes also record full details of who voted on any matter in respect of which the disclosure was made.
A person who has made a disclosure under this section must not take any further part in the discussion of, or vote on, the contract or other matter to which the disclosure relates.
If a member votes on a matter in contravention of subsection (4), the vote of the member must be disallowed.
A member is not to be regarded as having a pecuniary interest—
in a matter relating to the supply of goods or services to or by the member if the goods or services are, or are to be, available to members of the public on the same terms and conditions; or
in a contract or arrangement only because that contract or arrangement may benefit a company or other body in which the member has a beneficial interest that does not exceed 1% of the total nominal value of beneficial interests in that company or body.
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