Key Changes to the Environment Protection Act 2017: What You Need to Know
In recent years, environmental regulations have become a central focus for businesses across Australia. One of the most significant changes to environmental law came with the introduction of the Environment Protection Act 2017 (EPA) in Victoria. This legislation marked a major shift in how environmental protection is regulated and enforced in the state. It not only strengthens the responsibility of businesses but also introduces provisions for private actions, allowing individuals and entities to pursue legal action for environmental harm.
In this blog post, we’ll explore the key updates to the Environment Protection Act 2017, its impact on businesses, and what these changes mean for your operations. We’ll also discuss how partnering with an environmental consultant like Terralis can help ensure your business stays compliant and minimizes risk under the updated law.
What is the Environment Protection Act 2017?
The Environment Protection Act 2017 is a pivotal piece of legislation in Victoria designed to enhance the protection of the environment by focusing on the prevention of harm. The Act is a modernized version of the older Environment Protection Act 1970, which was less comprehensive in its approach to environmental management.
Key goals of the Act include:
Promoting environmental sustainability and reducing harm to the environment
Providing stronger tools for enforcement, including penalties for non-compliance
Encouraging businesses to take proactive steps in environmental management and waste reduction
A major aspect of the Act is its emphasis on a "duty of care" for businesses, which now requires companies to take all reasonable steps to prevent or minimize harm to the environment. The Act outlines specific obligations for organizations in areas such as waste management, pollution control, and chemical handling.
Key Updates to the Environment Protection Act 2017
1. Private Action Provisions: A Game-Changer for Environmental Enforcement
One of the most significant changes under the new Environment Protection Act is the introduction of private rights of action. Previously, only government agencies could enforce environmental laws through legal channels. Under the new law, individuals or organizations can now take legal action against entities causing environmental harm.
This change empowers citizens, environmental groups, and other stakeholders to hold businesses accountable, even in situations where government enforcement might not take place. It is expected to lead to an increase in the number of lawsuits concerning environmental protection, thereby encouraging businesses to take a more proactive approach to their environmental responsibilities.
Implication for Businesses: This update means that businesses must now be more vigilant in ensuring their operations do not cause environmental harm. It’s no longer just about following regulations to avoid government fines — there’s the additional risk of facing legal action from private individuals or organizations.
2. Extended "Duty of Care" Obligations
The new Act introduces an extended duty of care for businesses, requiring them to take all reasonable steps to prevent environmental harm. This includes the obligation to prevent pollution, manage hazardous materials properly, and ensure that waste is disposed of in a safe manner. Businesses are now legally obligated to assess and minimize the environmental risks associated with their activities, including supply chain operations.
Implication for Businesses: Businesses must implement and maintain robust environmental management systems to ensure compliance with this duty of care. This could involve conducting environmental impact assessments, adopting more sustainable practices, and maintaining records to demonstrate compliance.
3. Stronger Enforcement and Penalties
The Environment Protection Act 2017 brings stronger enforcement tools and penalties for non-compliance. Fines for failing to meet environmental obligations are significantly higher than under the previous Act. Businesses can face substantial penalties for breaches related to waste management, pollution control, and environmental harm. Repeat offenders may face even steeper penalties, including the potential for business shutdowns.
Implication for Businesses: With these enhanced penalties, businesses should take immediate steps to ensure compliance with all relevant regulations. This includes keeping up with regular audits, waste disposal records, and risk assessments to avoid costly fines and legal action.
4. Environmental Management Plans (EMPs) and Pollution Incident Management Plans (PIMPs)
The updated Act requires certain businesses to have Environmental Management Plans (EMPs) and Pollution Incident Management Plans (PIMPs) in place. These plans help businesses identify potential environmental risks, implement strategies to reduce those risks, and manage incidents should they occur.
An EMP outlines a business’s environmental obligations, while a PIMP provides detailed steps for managing pollution incidents, such as chemical spills or waste leaks. These plans must be tailored to the specific risks and operations of the business.
Implication for Businesses: Any business handling hazardous materials or generating significant waste must ensure they have comprehensive EMPs and PIMPs in place. Failure to do so could lead to non-compliance and penalties.
5. Waste and Resource Efficiency Focus
The Act places a strong emphasis on waste reduction and resource efficiency. Businesses are encouraged to adopt sustainable practices, such as reducing waste, reusing materials, and recycling, in order to minimize their environmental impact. Waste management practices must be in line with state regulations, and businesses must demonstrate their efforts to minimize pollution and conserve resources.
Implication for Businesses: Adopting more sustainable and circular economy practices can help businesses align with the requirements of the Act. In addition to meeting legal requirements, sustainable practices can reduce operational costs and improve a business’s reputation as an environmentally responsible entity.
What Does This Mean for Your Business?
The introduction of private rights of action and stronger regulatory requirements significantly impacts businesses across Victoria. Here’s a quick summary of what businesses need to do to stay compliant:
Review Operations: Assess your current environmental practices and identify any potential areas of risk. Ensure you have systems in place to prevent harm to the environment.
Develop Plans: If required, develop or update your Environmental Management Plans (EMPs) and Pollution Incident Management Plans (PIMPs) to comply with the new regulations.
Regular Audits: Conduct regular audits to ensure compliance with the Environment Protection Act and reduce the risk of facing fines or legal action.
Stay Informed: Environmental regulations are always evolving. It’s important to stay up-to-date with changes to laws and regulations to avoid costly mistakes.
How Terralis Can Help Your Business Stay Compliant
At Terralis, we specialize in helping businesses navigate the complexities of environmental compliance. Our team of experts can assist you in:
Developing Environmental Management Plans (EMPs) and Pollution Incident Management Plans (PIMPs) tailored to your operations
Conducting regular environmental audits to assess your compliance with the Environment Protection Act 2017
Identifying potential environmental risks and recommending practical solutions to mitigate them
Providing advice on sustainable practices to reduce waste, conserve resources, and lower your environmental footprint
By partnering with Terralis, you can ensure your business not only meets legal requirements but also adopts practices that promote long-term sustainability.
The Environment Protection Act 2017 represents a significant shift in environmental law, providing stronger protections for the environment and holding businesses more accountable for their actions. With the introduction of private actions and stronger penalties, businesses must take proactive steps to ensure they meet the obligations set out in the Act. By working with an environmental consultant like Terralis, your business can stay compliant, reduce risks, and improve sustainability practices.
For more information on how we can help you navigate these changes, contact us today on 0425 741 022 or fill in our contact form to discuss how we can help you find a solution.