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Tag Archives: Regulation

Worksafe Victoria’s New Manslaughter Offences

Protecting the health, safety and welfare of employees and other people at every workplace is an essential activity that requires careful and systematic management.

The importance of effective workplace safety has been further highlighted with amendments to Victoria’s laws as they relate to manslaughter offences.

More specifically, the Workplace Safety Legislation Amendment (Workplace Manslaughter and other matters) Bill 2019 passed Parliament on 26 November 2019, is expected to come into effect in 1 July 2020.

Additional information about the new new Worksafe Victoria laws can be found here.

So what are some of the key messages and changes?

> Penalties for safety and environmental breaches are getting tougher.

> New workplace safety laws in Victoria are to be introduced by July 1 2020.

> The commencement of new environmental regulations has been postponed by 12 months, now due to come into effect 1 July 2021.

> After 1 July 2020 workplace manslaughter will be a jailable offence up to 20 years. Fines will increase to $16.5million for a corporation.

> Businesses can be penalised under Environment and OHS laws if human health risks are not managed.

> Compliance with new safety and environment regulations involves ongoing monitoring and updating of risk management systems.

Worksafe expects organisations to eliminate or minimise OHS risks as far as is reasonably practicable, and the new EPA environmental regulations take a similar approach.

Organisations must keep their systems up to date with the ‘state of knowledge’ around business risks. The term ‘state of knowledge’ is used by both EPA Victoria and Worksafe Victoria, and effectively takes into account all the information a business (or any other organisation) should reasonably know about managing identified risks.

More information about the new EPA regulations can be found here.

It is up to all organisations to ensure that their workers are safe and that risks are managed wherever they may be working, including work conducted offsite and at other workplace premises.

Equilibrium staff are available to discuss how the new regulations may impact your business, and what you may to consider for ongoing compliance measures.

If you have any questions about the changes, please contact the team at Equilibrium on BH (03) 9372 5356.

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.

Recycling Victoria: A New Economy

The Victorian Government is seeking to improve the performance of the waste and recycling sector, and has released a 10-year policy and action plan – Recycling Victoria – to reform the system with a focus on the circular economy.

Victoria exports approximately 1.27million tonnes of paper, plastic and cardboard each year overseas, and this includes 30% of all recycling collected from Victorian households.

The figures are compelling; it is estimated that by 2046, Victorians will create 40% more waste than in 2017-18. The extent of the activity and industry development is significant as highlighted by the total quantum of funding that has poured into Victorian waste and resource recovery initiatives; $134 million from the Victorian Government since 2015.

You can download a copy the Recycling Victoria policy here.

A four bin waste and recycling system, a container deposit system (CDS), a circular economy business innovation centre, landfill levy reform and increased funding for infrastructure, are among the package of measures outlined in the policy.

The policy in part talks about the transition to a circular economy and the importance of taking action across the life-cycle of materials to maximise value and minimise waste.

Four specific goals

Four specific goals guide the process of moving from a take-make-waste model, to a more system-wide approach that seeks to be circular, sustainable and economically responsible.

These four goals are aimed at taking a smarter approach to making, using, recycling and managing products, buildings, infrastructure and materials.

Goal 1 – Design to last, repair and recycle

Generate less waste in businesses through innovation and design; use recycled materials in products and consider impacts across product life cycles; and support business to explore new circular economy business models.

Targets and outcomes include:

> 15 per cent reduction in total waste generation per capita between 2020 and 2030.

> Divert 80% of waste from landfill by 2030, with an interim target of 72% by 2025.

> Cut the volume of organic material going to landfill by 50% between 2020 and 2030, with an interim target of 20% reduction by 2025.

Goal 2 – Use products to create more value

Help people make smart purchasing decisions and extend the life of products and support the reuse economy; repair goods where possible.

Targets and outcomes include:

> 15% reduction in total waste generation per capita between 2020 and 2030.

> Support Victorian communities and council to reduce waste.

> Prevent plastic pollution.

> Support the reuse economy.

Goal 3 – Recycle more resources

Reform kerbside collections to generate more value from waste; improve the separation of recyclable materials; develop markets for recovered materials; plan for and boost investment in recycling infrastructure; embed the waste hierarchy in the management of materials; support the development of appropriate waste to energy facilities.

Targets and outcomes include:

> Divert 80% of waste from landfill by 2030, with and interim target of 72% by 2025.

> Halve the volume of organic material going to landfill by 50% between 2020 and 2030, with an interim target of 20% reduction by 2030.

> 100% of households have access to a separate food and organics recovery service or local composting by 2030.

Goal 4 – Reduce harm from waste and pollution

Protect communities and the environment from high-risk and hazardous wastes.

Targets and outcomes include:

> Support safe and effective high-risk and hazardous waste management.

> The Vic Gov will consider the potential introduction of new levies for waste being stockpiled for long periods, recover avoided waste levies and disposal fee for illegally stockpiled wastes, ensure adequate disposal point of asbestos across the state.

> The Victorian Government spends an estimated $58 million each year in clean-up costs at abandoned waste sites and $105 million each year to respond to stockpile fires. Clean-up costs and lost landfill levy revenue from illegal dumping equates to $30 million a year.

Monitoring and measuring progress

Of course, accurate data and transparency will be key to monitoring the reforms and their intended outcomes. More specifically the Victorian policy outlines it ‘key commitment’ to expanding Victorian’s waste data systems by:

> Establish a framework for monitoring progress towards the circular economy, including the identification of indicators and metrics

> Introduce a new waste and recycling data system to enable better waste management and circular economy monitoring

> Continuing to provide public waste and recycling market intelligence reporting.

The reforms in the Recycling Victoria policy herald an important and necessary opportunity for government, industry and the community to work together to improve kerbside recycling, invest in priority infrastructure and better manage high-risk and hazardous waste.

Recycling Victoria also outlines additional initiatives that can support waste avoidance and behaviour change, further develop waste to energy options and meet community and local council expectations for reliable services.

Equilibrium will be assisting its clients across diverse industries and sectors to adopt specific elements and aspects of the Recycling Victoria policy.

If you have any questions about the  policy and how your organisation can benefit, implement or comply with specific goals, please contact the team at Equilibrium:

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

NZ moves on regulated product stewardship

The New Zealand Government is proposing a new way to deal with environmentally harmful products before they become waste, including plastic packaging and bottles, as part of a wider plan to avoid rubbish ending up in landfill.

Associate Minister for the Environment, Eugenie Sage released a public consultation document titled, “Proposed priority products and priority product stewardship scheme guidelines” at the Sustainability Trust in Wellington today (9 August 2019)

You can download the consultation paper here.

“New Zealanders are proud of our country’s clean, green reputation and want to help ensure we live up to it.

“Well-designed product stewardship schemes ensure that those making, selling and using products all help take responsibility to recover the materials and avoid them ending up in landfills,” Eugenie Sage said.

“This is the first time that Government has been serious about creating regulated, rather than voluntary, product stewardship schemes in New Zealand.

“Regulated product stewardship is a step towards changing that and to designing waste out of production. This is part of a longer-term goal of moving to a more efficient, low-emissions, sustainable and inclusive economy for New Zealand.

“Regulated product stewardship helps puts the responsibility for effective material and waste management on product manufacturers, importers, retailers and users, rather than on communities, councils, neighbourhoods and nature,” she said.

Priority product categories proposed for regulated product stewardship schemes are:

> packaging, including beverage containers and plastic packaging
> tyres
> electrical and electronic products (e-waste), starting with lithium-ion
> batteries
> refrigerants and other synthetic greenhouse gases
> agrichemicals and their containers and other farm plastics.

“This is the first time the tools for regulated product stewardship in the Waste Minimisation Act are being looked at seriously, although they have been in the Act since 2008.

“The 14 existing accredited schemes are all voluntary. While some, such as the Agrecovery scheme for agricultural chemical containers have provided significant benefits, much more can be achieved with a comprehensive regulated scheme which creates a level playing field and helps reduce waste and the risk of environmental from it.

“Today’s proposal also presents potential economic benefits. Many products and materials presently lost to landfill could be recovered and reused throughout the economy creating new business opportunities and new jobs.

“Products that have reached the end of their life can be used to make something new, especially if they are designed better for reuse and recycling.

“Consultation is the first step towards regulation, deciding which products are declared ‘priority products’ and allowing mandatory regulation to be used under the Waste Minimisation Act.

The next step will be to work with business and other stakeholders to co-design regulations that will work for them and the environment” Eugenie Sage Said.

Overseas experience shows that this can be done at minimal new cost to business or consumers. Before any regulations are passed, the costs and benefits will be fully spelled out and consulted on.

Consultation on what products should be considered is open now and closes on October 4 2019. Learn more here: https://www.mfe.govt.nz/consultations/priorityproducts

More information

If you are an Australian-based supplier, manufacturer or brand operating in the New Zealand market and need some guidance or support with the consultation process, contact Nick Harford at nick@equil.com.au or mobile 0419 993 234

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