Victoria’s new Environmental Protection Law

From 1st of July 2021, the new Environmental Protection Act 2017 comes into force after a year of delay in its implementation to give businesses and public an opportunity to deal with the growing concerns posed by COVID-19 pandemic.

The new legislation follow an independent enquiry chaired by Amy Armytage to look at the future of Environment Protection Authority (EPA) and its role in the face of growing population and changing economy. The inquiry made 48 recommendations of which Andrew’s government supported in full 40 of the recommendation and has incorporated in the new legislation. Seven of the other recommendations received government support “in principle” and will still need to be worked through as government considers most appropriate means to achieve them.

The only recommendation that was not supported fully was the recommendation (Recommendation 19.2) to appoint a Chief Executive Officer with applied science and/or engineering background to which Andrew’s government did not see it appropriate to legislate such a requirement for EPA’s CEO which could limit the pool of executives with strong leadership experience. Mr Lee Miezis was appointed in February 2021 as its first CEO under this new legislation and has helped EPA prepare for the new laws.

The new legislation gives EPA enhanced enforcement powers. Under its provisions, Victoria becomes the first state in Australia to make certain breaches under this environmental law a criminal offence. The new law is underpinned by making business responsible for protecting the environment and human health.

References:
EPA new laws website
EPA new CEO announcement
Independent Inquiry Report
Andrews Labour Government Response to Inquiry’s Report

*An edited version of this article was published on Australian Water Association WaterSource on 03/09/2021