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Tag Archives: EPA Victoria

New EPA Regulations for Victoria 2020

Major reforms to Victoria’s Environment Protection regulations represent a major transformation to how EPA Victoria will operate to protect public health and the environment.

In July 2020, the Environment Protection Amendment Act 2018 will come into effect and it represents a major shift in the regulations and their state- wide application. The key elements of the Act cover the following themes:

> Prevention
> Flexible and risk-based
>
Transparency
>
Justice

General environmental duty

General environmental duty (GED) is a key focus and a new concept under the Act. The EPA’s definition for GED is:

“A person who is engaging in an activity that may give rise to risks of harm to human health or the environment from pollution or waste must minimise those risks, so far as reasonably practicable”.

The EPA talks about a three-step process to comply with GED:

1. The duty holder needs to understand the risks that pollution or waste from their activities might present to human health or the environment.
2. The ways those risks can be controlled need to be identified and understood.
3. Duty holders are required to put in place any reasonably practicable measures to reduce the likelihood of the possible harm arising.

The Environment Protection Amendment Act 2018 involves various other requirements that will affect businesses and industry. More information is available via the EPA Victoria website.

Equilibrium will be assisting its clients across diverse industries and sectors to comply with the Act. We will continue to unpack the Act and share our observations in future blogs. If you have any questions about the  changes, please contact the team at Equilibrium:

Nick Harford on 0419 993 234 or Damien Wigley on 0404 899 961.

For our previous post on the Victorian EPA, visit here.

New Victorian Regulations Released Early

The Victorian Government is releasing new environmental regulations earlier than expected.

The new environmental regulations will form a key pillar for increased EPA enforcement powers and tougher penalties, particularly when it comes to environmental risk prevention.

In short, the new regulations will provide the EPA with expanded powers to regulate businesses to reduce the risk of environmental harm and pollution.

The earlier than expected release means that businesses should become familiar with the new legislation and likely compliance issues.

The EPA has noted some specific sectors for attention under the new regulations, including those involving high-risk activities such as chemical manufacturing, food and beverage processing, waste management, recycling, plastic fabrication moulders, organics processing and agriculture.

A recent report in Footprint News[1] said Victoria’s ‘consolidated environmental regulations to support Victoria’s new environment law will be released for comment in July’.

Consultation is planned

The process for consultation has yet to be detailed, however, according to Footprint News, it is expected that specially arranged consultations with current EPA licence holders will be conducted. These businesses can expect some change, particularly with licence reviews, potentially requiring the development of new systems and processes to ensure ongoing compliance.

Businesses that do not currently operate under an EPA licence should also look closely at the potential impacts of the new laws, and where possible take early action. This would include ensuring a full understanding of environmental risks, and factor-in sufficient time to budget for any operational changes that may be needed.

As the regulations are introduced, businesses that operate potentially high-risk activities are likely to see an increased level of interest from the EPA. High-risk activities include materials recycling, waste handling, chemical storage, and other activities that may generate hazardous emissions or odours.

In essence, these types of activities are inherent to a range of different industries such as chemical manufacturing, food and beverage processing, plastic fabrication, waste management, recycling, organics processors, and agriculture.

Guidance materials

Other activities underway within the EPA includes the development of guidance materials designed to assist businesses to comply with new environmental laws. An example of which includes the Guideline for Management and Storage of Combustible Recyclable and Waste Materials, released in October 2018.

The process for environmental law reform began in 2016 when the Victorian Government conducted a public inquiry into the function of the EPA, which drew particular attention from both business and community into the EPA’s role in preventing environmental harm. This review led to an overhaul of environmental legislation in Victoria and the amended Environmental Protection Act, which is due to commence on 1 July 2020[2].

The EPA is holding information sessions for business and community wanting to learn more about the new environmental laws, and the potential impacts[3].

More information

This article was authored by Nicholas Harford, Managing Director of Equilibrium consultants. He can be contacted at nick@equil.com.au or mobile 0419 993 234

[1] https://www.footprintnews.com.au/

[2] https://www.epa.vic.gov.au/about-us/response-to-epa-inquiry

[3] https://www.eventbrite.com.au/e/victorias-new-environment-protection-laws-and-their-impacts-tickets-51953079058

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