Legislation

Changes to the Environment Protection Act 1970


The Victorian Parliament has passed the Environment Protection and Sustainability Victoria Amendment Act 2014 (PDF 745KB; Victorian Legislation and Parliamentary Documents). It provides for changes to institutional and governance arrangements for the waste and resource recovery sector to help implement:

It will also reduce red tape and streamline EPA processes.

The key changes directly relevant to EPA activities are set out in the table below.

EP Act reference Issue Change/upcoming change When does the change come into effect?
54B Prescribed industrial waste (PIW) annual returns There is no longer a requirement for duty holders to lodge PIW annual returns. 2 April 2014
62A Clean up notices EPA can now amend a clean up notice. 2 April 2014
62A Clean up notices It is now an offence to breach reporting requirements in clean up notices. 2 April 2014
Schedule A Clean up notices EPA can now issue infringement notices for a breach of reporting requirements in clean up notice. 2 April 2014
19A Works approval – Exemptions where there are no adverse environmental impacts EPA can exempt certain types of scheduled premises that do not require a licence from the requirement to obtain a works approval.
EPA can exempt occupiers from the need to obtain a works approval relating to the construction, relocation or reduction of the height of a chimney.
2 April 2014
Part III – Div 4A Environment and Resource Efficiency Plans (EREP) The EREP provisions of the EP Act will be removed. Likely to be mid-2014
New 50C Works approval and licence application – Refusals EPA will be able to refuse to consider a works approval or licence application if the operations of the facility could be inconsistent with a State-Wide Waste and Resource Recovery Infrastructure Plan or Regional Waste and Resource Recovery Plan. Likely to be mid-2014
53F & 53G Waste transport permits – Duration and fees EPA will be able to issue or renew transport permits for up to 5 years (rather than annually).
Waste transport holders will be able to pay fees either as a lump sum or annual fee.
TBA – Before or on 1 July 2015
13(1)(nc) & new sections 50AC, 50BC & 50BD(3) Waste management plans – EPA’s role EPA will evaluate and comment on the statewide waste and resource recovery infrastructure plan and the regional waste and resource recovery implementation plans. The Minister will approve these plans, rather than EPA. TBA – Before or on 1 July 2015
New schedule DA Landfill levy – Indexation The EP Act will set out the amount payable for each tonne of municipal and industrial waste deposited in fee units from 1 July 2015 to enable the landfill levy to be automatically indexed each financial year. 1 July 2015

Page last updated on 3 Apr 2014