this product is unavailable for purchase using a firm account, please log in with a personal account to make this purchase.

Select from any of the filters or enter a search term
Calendar
Calendar

Overhaul of environmental legislation in Victoria

Overhaul of environmental legislation in Victoria

By Jane Hall and Zina Teoh

Environment Environmental Protection 

0 Comments


Environmental legislation in Victoria is to undergo its most significant change in 50 years, with the passing of the Environment Protection Amendment Act 2018 in August this year.

The Act will repeal the Environment Protection Act 1970 and amend the Environment Protection Act 2017, with key operative provisions due to commence on 1 July 2020.

The Act will bring pollution prevention, and reducing the potential risk of harm to human health and the environment, to the forefront of the environment protection regime in Victoria. This is a big shift away from the current legislative focus on the consequences of pollution incidents after they occur.

At the heart of this shift in focus is the introduction of the General Environmental Duty, which requires people undertaking an activity that may give rise to risks of harm to human health or the environment from pollution or waste to minimise those risks, so far as reasonably practicable.

Other changes to the Victorian environment protection regime which will be brought in by the Act include:

  • Introduction of a new duty to manage contaminated land, take action to respond to pollution incidents and notify the EPA of these incidents and contaminated land.
  • Creation of a tiered licensing regime comprised of 3 permission types (licences, permits and registrations).
  • Reform of the current Prescribed Industrial Waste System to a priority waste system.
  • Changes to the environmental audit scheme designed to increase flexibility and reduce costs.
  • Replacement of State Environment Protection Policies with the Environmental Reference Standards.
  • Greater powers for the EPA relating to enforcement, investigations and information sharing.
  • Introduction of new penalties for contraventions of the Act, more flexible sanctions and civil remedies for third parties.

The Law Institute of Victoria will be exploring the changes to the environmental protection regime in Victoria in detail in the Environmental Law: Special Edition of the Law Institute Journal which is to be released next year.

 

This article has been contributed by Gadens lawyer Zina Teoh and Ashurst senior associate Jane Hall who are members of the LIV Environmental Issues Committee. 

 

 


Views expressed on liv.asn.au (Website) are not necessarily endorsed by the Law Institute of Victoria Ltd (LIV).

The information, including statements, opinions, documents and materials contained on the Website (Website Content) is for general information purposes only. The Website Content does not take into account your specific needs, objectives or circumstances, and it is not legal advice or services. Any reliance you place on the Website Content is at your own risk.

To the maximum extent permitted by law, the LIV excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the Website Content and the use or performance of the Website except to the extent that the loss or damage is directly caused by the LIV’s fraud or wilful misconduct.

Be the first to comment