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What Victoria’s new environment protection law means for OHS The new Victorian Environment Protection Act enacted last July, has changed how Victoria regulates pollution, waste and contamination from businesses. The Australian Institute of Health & Safety explains. Victoria’s new Environment Protection Act 2017, which came into force on July 2021, is the biggest change in environment protection legislation since the original Environment Protection Act 1970, according to health & safety, environment and emergency management consultancy Greencap. The new Act has enhanced powers to prevent risks to the environment and human health, with a change of focus from responding to pollution (or “cleaning up after a spill”) to preventing the pollution in the first place, said Jean Meaklim, Senior Principal Consultant with Greencap. “It is based on similar principles to the Occupational Health & Safety (OHS) Act, where a person or business has to assess their business activities for risks to health and the environment, put in place safeguards to prevent or manage the risks before they happen, and provide training and supervision to staff to work with the safeguards to protect health and the environment,” said Meaklim, who presented on Victoria’s new environment protection legislation together with Peter Oxnam, Greencap principal consultant – environment, as part of an Australian Institute of Health & Safety (AIHS) webinar held in February. General Environmental Duty: Criminally enforceable The General Environmental Duty (GED) is a centrepiece of the new laws and Meaklim said it applies to all Victorians. “If you conduct activities that pose a risk to human health and the environment, you must understand those risks, and you must also take reasonably practicable steps to eliminate or minimise them,” said Meaklim. “In an Australian first, the GED is criminally enforceable.” The GED is similar to the duty under the Victorian Occupational Health & Safety Act 2004 Section 21, where employers have a duty to provide and maintain a working environment that is safe and without risks to health, whereas the GED requires risk assessment, mitigation and training to maintain workplaces that are safe to health and the environment. “The Environment Protection Authority (EPA) said they will support businesses that have taken reasonable steps to understand and meet their obligations under the Act. They will also support businesses that must make major changes to their compliance obligations,” said Meaklim. However, for those who haven’t attempted to understand or follow the new laws, Meaklim said the EPA will act to ensure obligations are met. “The EPA can now issue stronger sanctions and penalties to hold environmental polluters to account,” she said. Another new concept is the ‘state of knowledge’, which Meaklim says is all the information businesses should reasonably know about managing your business’ risks, including an understanding of risks your business may pose to human health and the environment, and steps you should take to eliminate or reduce those risks. This includes information from the EPA; other relevant government departments (such as WorkSafe), business and industry associations, and independent organisations like Standards Australia and universities. “The state of knowledge can change over time, as different ways of working develop, and new risks emerge,” said Meaklim. “There are
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also changes to some of the licensing provisions, with some new businesses now requiring a license or registration.”
Reviewing business activities There are a number of implications for OHS professionals to be aware of, depending on the type and scale of the industry they work in. However, Meaklim said all industry sectors should review their business activities and identify any that may impact the environment. For example, chemical use or storage, air emissions or waste management should ensure these activities are managed to prevent or minimise risks to health and the environment, and companies should document risk assessment and mitigation actions so that there is evidence, should it be required. “Consulting EPA industry guidance is a great starting point for a business seeking assistance in managing their environmental risks,” said Meaklim. The webinar focused on: • • • • • • • • • • •
The General Environmental Duty (new Overarching duty that applies to all) Other Duties Identifying, assessing & managing environmental risks Pollution incidents Noise, vibration, sediment control, erosion and dust Other impacts of pollution and waste Contaminated land Waste framework Waste classification – Industrial Waste Waste: contaminated soils Requirements for staff training and continuous monitoring The Environment Protection Amendment Act 2017 (the Act) focusses on prevention. The general environmental duty (GED) is central to the new Act and applies to all Victorians. You must reduce the risk of any activities which may harm the environment or human health through pollution or waste. The Act makes sure the public can access more environmental information. This means EPA can help you better understand the state of the environment and how regulatory decisions are made. The Act contains a greater range of penalties. It allows for review of decisions and encourages broader participation in decision-making. Courts will be able to order offenders to repay profits resulting from prior illegal activity. They can also order offenders to take part in a community project. www.epa.vic.gov.au
The Australian Institute of Health & Safety is the national association representing the health and safety profession. It works to build the capability of the profession and to provide health and safety people a voice on policy, legislation, regulation and standards. For more information on Victoria’s new Environment Protection Act 2017, please call (03) 8336 1995 or email communications@aihs.org.au www.aihs.org.au
