Victorias new Environment Protection framework Subordinate legislation overview
Victoria’s new Environment Protection framework Subordinate legislation overview Dru Marsh Senior Legal Policy Officer
Objectives of EPAs presentation Overview • Key Act concepts • Key Regulation concepts • How you can contribute
Key concepts
From prohibitions to positive duties Offence to cause pollution to: • Land • Water • Air SEPP WMP Offence to dispose of industrial waste other than licenced premises GED: person engaging in an activity must minimise risk to human health and the environment from pollution and waste Generator reasonable steps to ensure industrial waste only goes to “lawful place” Duty to restore after a pollution incident Transporter to ensure industrial waste goes to “lawful place” Transporting prescribed industrial waste without a permit Priority waste: Classify, isolate, contain, inform, alternatives to disposal SEPP Contaminated Land Duty to manage contamination risks Duty to notify of certain pollution incidents Receiver of industrial must be authorised to receive that waste Report movement Permitted vehicle Duty to notify of certain contamination
Duties and the “State of Knowledge” • What is known (or ought reasonably be known) about the risks of harm to human health and the environment; and/or • What is known (or ought reasonably be known) about the means of eliminating or otherwise reducing those risks. • GED requires reasonable knowledge of your risks
What contributes to knowledge • Draw upon reliable, reputable sources. • Existing knowledge may include information from industry, government and organisations • State of knowledge will develop over time Business & Industry Independent Organisations Regulatory & Government Agency
Guidance produced by EPA https: //www. epa. vic. gov. au/our-work/publications/publication/2019/april/1741
Principles for Subordinate Legislation 1. The General Environmental Duty (GED) and legislation is the primary way to manage risk of harm to the environment and human health. 2. Any regulations that sit beneath should: • be proportionate to the risk of harm • maintain or reduce regulatory burden in Victoria, where possible • offer flexibility to duty holders in how they comply with their obligations • be consistent and predictable to provide confidence in the system • be enforceable.
Deconstruction of SEPPs and WMPs Future state Current state Environment Reference Standards • Beneficial uses, objectives, indicators • Duty holder obligations • Specific licence considerations • Council and protection agency obligations • Attainment programs • Mission statements • • • GED Regulations Notices Obligations for Managers of Land & Infrastructure • • Compliance codes Strategy Referrals Guidance
Subordinate Legislation for Public Comment Consolidated Regulations Consolidated Environment Reference Standards (ERS) Regulatory Impact Statement (for regulations) Impact Assessment (for ERS)
Waste
Waste: Proposed Framework
Waste: Classification Duties under the Act General Environmental Duty Plus Act definition Schedule 5 Reg. 60 Duties of persons depositing industrial waste Duties of persons receiving industrial waste (‘lawful place’) Duty of persons involved in transporting industrial waste Plus Duties of persons managing priority waste (including duty to investigate alternatives to waste disposal) Plus Schedule 5 Duty to notify of transaction in reportable priority waste Duty of persons transporting reportable priority waste
Waste: Contaminated Soils Category C Category D * Asbestos contam. only * Fill material * Level of restriction Reportable Priority Waste Category B Lowest Industrial Waste Highest Category A * New category
Waste: Declaration of use Site with permission (Sch. 5) or prescribed (e. g. trade waste) to have authorisation to receive that type of waste (Reg. 63) Person with control or management of industrial waste EPA-issued Declaration: receiver only User-generated Declaration: both parties • Immediate use • Soil amendments • Fill material Person who agrees to use the industrial waste • Agrees to any declared limitations
Waste: Declaration of Use • A self-assessment of a waste derived material: • Composition/characteristics • Risks and mitigations • Directions for use • Passed between generator and receiver – does not normally require submitting to EPA Purpose: • Support safe reuse, recovery and recycling of materials derived from waste • Low burden task for low risk situations
Permissions
Permit Registration Example activities: ts Licence Highes Lowe t r Requiremen Lowe r Ris k Highest Permissions: Example activities • Waste and Resource Recovery facilities (L, P or R) • Using Reportable Priority Waste (P) • Noise approvals for outdoor concerts (P) • Dry cleaning using solvents (R) • Reportable Priority Waste Transport (low hazard) (R)
Permit Registration • Schedule 1 • Chapter 17 of the RIS • Waste and resource recovery facilities new to permitting: 3 months to apply ts Licence Highes Lowe t r Requiremen Lowe r Ris k Highest Permissions: Example activities • All other new activities: 6 months to apply
Contaminated Environments
Contaminated Environments Background levels • Process to determine the ‘background levels’ of contamination Notification • specifies all circumstances where contamination is notifiable • displaces the $50, 000 threshold • circumstances where contamination is exempt from the duty to notify (note NEPM Sch. B 1) • requirement to provide an ‘intended management response’ when notifying EPA of contamination. NAPL • obligations on clean up of certain contamination
“Deconstruction” of SEPPs and WMPs
Proposed core elements in Air Framework [CATEG ORY NAME] [CATEGO RY NAME] [CATE GORY NAME] Proposed Regulations • Class Three Substances • Solid Fuel Heaters • Ozone Depleting Substances • Vehicle Emissions • National Pollutant Inventory
Proposed core elements in Noise Framework Regulation s Environm ent GED & reference Guidelin standard es Regulations define “Unreasonable noise” and “Aggravated noise” from • Residential Premises • Industrial, Trade and Commercial Premises • Entertainment Venues • Incorporated Noise Protocol
Proposed core elements in Water Framework Regulati ons Environm ent reference standard GED & Guidelin es Proposed Regulations • Discharge of waste from vessels • Special water supply catchments • Clean up of non aqueous phase liquids • Permission for waste discharge to aquifer (with exemptions specified) • Savings of selected clauses from SEPP Waters under transitional regulations
Public Comment and Next Steps
Next steps Public comment will close on 31 October 2019
Next steps • Via Engage Vic: (www. engage. vic. gov. au/new-environmentallaws/subordinate-legislation) • Email: sublegreform@epa. vic. gov. au • Post: EPA Victoria Attention: Director of Policy and Regulation GPO Box 4395 Melbourne Victoria 3001
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