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by Munro Research

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 regulation and collection authorities regarding the 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 contributed to the illegal dumping.

Description

The bill makes several key changes to the Environmental Protection Act 1990:

  • Section 33 Amendment: It 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. This introduces a defense against unintentional involvement.
  • Investigation Duty: It makes it a duty for waste regulation and collection authorities to investigate complaints of illegal waste dumping as far as reasonably practicable.
  • Section 59 Amendment: It amends section 59, outlining the circumstances under which a waste regulation or collection authority must remove illegally deposited waste. This includes situations where a removal notice has been quashed, or where it is clear a violation of section 33 has occurred.

Government Spending

The bill's financial implications are not explicitly stated in the provided text. The cost will likely depend on the increased workload for waste authorities in investigating and removing illegally dumped waste.

Groups Affected

  • Waste Regulation Authorities: Increased workload due to investigation and removal duties. Potential for increased costs.
  • Waste Collection Authorities: Increased workload, potentially increased costs associated with waste removal.
  • Landowners: Potential relief if illegally dumped waste is removed by authorities.
  • Individuals/Businesses who illegally dump waste: Those who knowingly dump waste will still face penalties. However, those who unintentionally contribute will have a potential defense.
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