AUSTRALIA: VICTORIA’S NEW ENVIRONMENTAL LAW FROM 1 JULY 2021

June 21 – With 1 July just around the corner, have you determined whether you need a new development or operating licence or a new permit or registration for your activities under Victoria’s new environmental protection reforms?

This is the second in our series of articles on how to comply with the significant amendments to the Environment Protection Act 2017, which comes into force on 1 July 2021 (new EP Act). Our May article explored the key new duties, transition to the new licensing regime and an overview of the new Regulations and Guidance materials.

We now look at the new ‘permissions’ and ‘determinations’ procedures, and provide insights into activities that were not previously regulated but will now require approval from the Environmental Protection Authority (EPA).

The new EP Act will introduce a broader, risk-based compliance framework. This new regime will consist of three tiers of ‘permissions’ that correspond to the risk of the underlying activity. These tiers range from ‘licences’ (for the highest-risk activities), ‘permits’ (for medium-risk activities) to ‘registrations’ (for lower-risk activities). ‘Risk’ for this purpose is informed by both the likelihood and consequence of the risk occurring.

The Environment Protection Regulations 2021 (new EP Regulations), which will also commence on 1 July 2021, will specify which tier of permission is required for each activity specified in the new EP Regulations, and the application and assessment processes for those permissions. Hall & Wilcox / Read more

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