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

3. Key components of compliance

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

5. 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

6. Where can I find environmental legislation? .
Australian Government Department of the Environment and Energy NSW Environment Protection Authority South Australia Environment Protection Authority Victorian Environment Protection Authority: Queensland Department of Environment and Heritage Protection WA Department of Environment Regulation Environmental Law Australia This website provides a high level overview of significant case law and explanations on environment law, with a focus on Queensland. Lexology This website collates articles from lawyers around the world on a range of topics

7. Where can I find legislation and cases
Where can I find legislation and cases? Australasian Legal Information Institute Austlii -

8. Where can I find Victorian legislation
Where can I find Victorian legislation? Victorian Law Today -

9. Where can I find Federal legislation
Where can I find Federal legislation? Australian Government Register of Federal Legislation -

10. 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  

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. Accessible, specialist environment and planning law advice through collaboration
Gabrielle Guthrie Principal Call: Contact: Collaborate: Connect:
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