Environmental Protection Act 1990 (Amendment) Bill
Official Summary
A Bill to amend Part II of the Environmental Protection Act 1990 in relation to the duties, powers and functions of waste regulation authorities concerning the unauthorised deposit of controlled waste on land; and for connected purposes
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Overview
This bill amends the Environmental Protection Act 1990 to clarify the responsibilities of waste authorities regarding illegal dumping of controlled waste. It strengthens their powers to investigate complaints and remove illegally deposited waste, while introducing a defense for those who unknowingly permitted waste disposal.
Description
The key changes introduced by this bill are:
- Amendment to Section 33: Adds a new clause to section 33, stating that the prohibition against unauthorized waste disposal does not apply if the person responsible did not knowingly cause or permit the deposit of controlled waste. This provides a defense against charges for unintentional involvement.
- Duty to Investigate Complaints: Imposes a duty on waste regulation and collection authorities to reasonably investigate complaints about illegal waste dumping.
- Amendment to Section 59: Modifies section 59 to require waste authorities to remove illegally deposited waste in two situations: if a removal notice is quashed, or if it appears that waste was deposited illegally under section 33(1).
Government Spending
The bill's impact on government spending is not explicitly stated in the provided text. However, it is likely to increase costs associated with waste removal and investigations into illegal dumping, as authorities will be required to actively investigate complaints and remove waste.
Groups Affected
- Waste Regulation Authorities: Increased responsibilities for investigating complaints and removing illegally deposited waste.
- Waste Collection Authorities: Share the responsibilities of investigation and waste removal with Waste Regulation Authorities
- Landowners: May benefit from quicker removal of illegally dumped waste from their land.
- Individuals/Businesses: Those who unknowingly permitted waste to be deposited on their land will have a defense against charges under the updated section 33.
- Individuals/Businesses: Those who illegally deposit controlled waste will be subject to the existing penalties, with no changes to fines or other measures.
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