Enforcement under the new Environment Protection Act 2017 (Vic)

ENFORCEMENT UNDER THE NEW ACT

The Environment Protection Act 2017 fully commenced in Victoria on 1 July 2021.

There has been a flurry of publications from EPA Victoria (EPA) in recent weeks covering a range of topics, including relevantly enforcement.

Three key policies were released on 23 June 2021:

1. the EPA’s Compliance & Enforcement Policy (Publication 1798.2)

2. the EPA’s Remedial Powers Policy (Publication 1813)

3. the EPA’s Sanction Powers Policy (Publication 1814)

Policy documents available from EPA Victoria’s website.
Images reproduced from EPA Victoria’s website.

Enforcement policies are relevant to understanding how the EPA would respond in the case of contravention of the new legislation. Particularly, given the significant expansion of enforcement tools now available to the EPA:

1. Five new types of remedial notices – improvement notice; prohibition notice; notice to investigate; environmental action notice and waste abatement notice;

2. Ability to re-direct notices to directors and officers and group companies, meaning that the costs of compliance with notices can be addressed to individuals personally if their corporation does not comply;

3. Ability to commence civil proceedings for civil penalty orders in addition to, or as an alternative to, criminal proceedings for fines and prosecutions;

4. Monetary benefit orders; adverse publicity orders; general restoration and prevention orders; restorative project orders; environment audit orders; Court orders requiring specific actions

5. Warnings;

6. Directions from Authorised Officers;

7. Infringement notices;

8. suspension and revocation of a permission; and

9. enforceable undertakings.

Clients should familiarise themselves with the policies and reach out if you have any concerns about compliance and governance or liaising with the EPA.

Particular care should be taken with regard to remedial notices - so always seek independent legal advice on these if received.

I have been working with clients and environmental consultants to help prepare clients for the changes brought about by the new legislation. If you would like to discuss any of the changes or what your business should do to transition, please don’t hesitate to contact me.

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