How to demonstrate environmental compliance to the regulators 31 March 2017 AEBN

Key components of compliance

Sources of law Federal (Acts, regs) State (Acts, Regs) Local (by laws) Common Law Licences & permits Contracts Lease/licence

Environment regulators FEDERAL Department of the Environment and Energy Clean Energy Regulator (CER) NEW SOUTH WALES EPA Office of Environment and Heritage Department of Planning and Environment QUEENSLAND Department of Environment and Heritage Protection (DEHP) Department of Infrastructure, Local Government and Planning Department of Natural Resources and Mines SOUTH AUSTRALIA Environment Protection Authority Department of Environment, Water and Natural Resources Department of Planning, Transport and Infrastructure VICTORIA Environment Protection Authority Department of Environment, Land, Water and Planning (DELWP) WESTERN AUSTRALIA Department of Environment Regulation (DER) Department of Mines and Petroleum Environmental Protection Authority (advisory) In addition: local councils; some third party enforcement

Where can I find environmental legislation? . Australian Government Department of the Environment and Energy http://www.environment.gov.au/about-us/legislation NSW Environment Protection Authority http://www.epa.nsw.gov.au/legislation/legislation.htm South Australia Environment Protection Authority - http://www.epa.sa.gov.au/data_and_publications/legislation Victorian Environment Protection Authority: http://www.epa.vic.gov.au/about-us/legislation Queensland Department of Environment and Heritage Protection - https://www.ehp.qld.gov.au/management/env-policy-legislation/ WA Department of Environment Regulation - https://www.der.wa.gov.au/about-us/legislation Environmental Law Australia - http://envlaw.com.au/ . This website provides a high level overview of significant case law and explanations on environment law, with a focus on Queensland. Lexology - http://www.lexology.com/ This website collates articles from lawyers around the world on a range of topics

Where can I find legislation and cases Where can I find legislation and cases? Australasian Legal Information Institute Austlii - http://www.austlii.edu.au/

Where can I find Victorian legislation Where can I find Victorian legislation? Victorian Law Today - http://www.legislation.vic.gov.au/

Where can I find Federal legislation Where can I find Federal legislation? Australian Government Register of Federal Legislation - https://www.legislation.gov.au/

Key pollution, contamination and waste laws NSW Protection of the Environment Operations Act 1997 Contaminated Land Management Act 1997 SA Environment Protection Act 1993 QLD Environmental Protection Act 1994  VIC Environment Protection Act 1970 WA Environmental Protection Act 1986 Contaminated Sites Act 2003  

Key water laws NSW SA QLD VIC WA Protection of the Environment Operations Act 1997 Water Management Act 2000 NSW Environment Protection Act 1993 Water Resources Act 1997 SA Environmental Protection Act 1994  Water Act 2000 QLD Environment Protection Act 1970 (Vic) Pollution of Waters by Oils and Noxious Substances Act 1986 Water Act 1989 VIC Environmental Protection Act 1986 WA

Key noise laws NSW SA QLD VIC WA Environment Protection Act 1993 Protection of the Environment Operations Act 1997  Protection of the Environment Operations (Noise Control) Regulation 2008 NSW Environment Protection Act 1993 SA Environmental Protection Act 1994  Environmental Protection (Noise) Policy 2008 QLD Environment Protection Act 1970 SEPP N-1 NIRV VIC Environmental Protection Act 1986 WA

Key planning, biodiversity and native vegetation laws Environmental Planning & Assessment Act 1979 Native Vegetation Act 2003 Threatened Species Conservation Act 1995 NSW Planning, Development and Infrastructure Act 2016 SA Sustainable Planning Act 2009 (being replaced by new Planning Act 2016) QLD Planning and Environment Act 1987 Flora and Fauna Guarantee Act 1988 Environmental Effects Act 1978 VIC Planning and Development Act 2005 Biodiversity Conservation Act 2016 WA Environment Protection and Biodiversity Conservation Act 1999 (Cth) Federal In addition: legislation on environmental assessment: coastal land, crown land, national parks, marine environments, catchment management, invasive species

Key climate change laws Climate Change and Greenhouse Emissions Reduction Act 2007 SA Climate Change Act 2010 VIC National Greenhouse and Energy Reporting Act 2007 (Cth) Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995 Federal

Legal professional privilege Legal professional privilege will protect confidential communications between a client and their legal adviser, oral or written, if the communication was for the dominant purpose of providing advice to the client for use in anticipated or pending litigation Common law and legislative protection

Legal professional privilege Why is the voluntary environmental audit being undertaken? What is the dominant purpose? Engage an external lawyer to instruct and communicate with external auditor Ensure confidentiality in communications Obtain legal advice

Managing compliance nationally Identify environmentally relevant business activities (sites on which operations take place including owned, leased and licensed and physical processes within sites). Identify legal obligations (arising under environment, planning and safety laws for each jurisdiction) and seek legal assistance in developing a bespoke legal register as necessary. Consider state/territory, federal and local laws Develop policies and procedures to ensure compliance. Pay particular attention to training of employees, contractors, subcontractors and site personnel. Consider incident management protocols and reporting under licenses and annual returns Audit your compliance systems and seek specialist legal and consultancy advice as required Document and retain records of the relevant processes undertaken

Accessible, specialist environment and planning law advice through collaboration Gabrielle Guthrie Principal Call: +61 450 266 779 Contact: gabrielle@guthrie-legal.com Collaborate: www.guthrie-legal.com Connect: www.linkedin.com/in/gabrielleguthrie All information in this presentation is of a general nature only and is not intended to be relied upon as, nor to be a substitute for, specific legal professional advice. No responsibility for the loss occasioned to any person acting on or refraining from action as a result of any material published can be accepted. Liability Limited by a scheme approved under Professional Standards Legislation