This week, the Victorian Environment Protection Authority (EPA) and the Department of Environment , Land, Water and Planning (DELWP) have released draft regulations and other subordinate instruments required under the Environment Protection Act 2017 (Vic) (New EP Act) for public input, providing an insight into the EPA’s proposed approach to many features of Victoria’s new environment protection framework. Importantly, these materials are open for public comment until 31 October 2019. For more information, including if you would wish to make a submission, please click here.
Background
The New EP Act, as amended by the Environment Protection Amendment Act 2018 (Vic), will replace the Environment Protection Act 1970 (Vic). It will overhaul the existing regime and will include many new aspects, such as duties relating to environment protection and management of contamination, an updated permissions regime and broader opportunities for the involvement of third parties, both with respect to the granting of permissions and enforcement. For a more detailed summary of the New EP Act, please see our previous note here.
The new regime is proposed to take effect from 1 July 2020.
What has been released for consultation?
A useful overview of the proposed subordinate instruments and how the measures in the new environment protection framework relate to each other is available from Engage Victoria here. The draft instruments and other documents released this week include the following:
| Document | Comment |
| Environment Protection Regulations (EP Regulations) | The EP Regulations provide further detail as to a variety of features under the new EP Act, whereby the framework places greater emphasis on the prevention of environmental harm through a broad range of duties, including in particular the general environmental duty.
Significantly, the EP Regulations include further information as to the EPA’s proposed approach to (among other things):
Saving and transitional provisions are also included, primarily concerning existing authorisations and applications in place at the time of transition to the New EP Act. |
| Environmental Reference Standard (ERS) | The EPA is also seeking feedback on an Exposure Draft of the ERS. The ERS provides benchmarks to assess and report on environmental conditions in the whole or any part of Victoria, including by:
One important aspect of the ERS is the inclusion of climate systems as an environmental value to be protected under the new regime. The ERS is a reference standard and does not provide for mandatory compliance requirements. However, the ERS will be afforded considerable weight in respect of certain decisions, including the assessment of development or operating licence applications. The ERS is proposed to come into operation on 1 July 2020. |
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Environment Protection Transitional Regulations (Transitional Regulations) |
In addition, the EPA has provided an Exposure Draft of the Transitional Regulations, which provide for transitional and savings arrangements for two years to 30 June 2022 in relation to:
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| Summary of the proposed noise framework
and Summary of the proposed waste framework |
Summaries of the proposed noise framework and waste framework are also available on Engage Victoria for comment. |
Next steps
If you would like to make a submission, you may do so via Engage Victoria at this link. The period for public comment is open until 31 October 2019.
Please feel free to contact a member of our team if you have any questions regarding the new environment protection framework or if you would like assistance making a submission.
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.