The Environment Protection Act 2017 (Vic) provides a prevention focused, duty based regulatory scheme, including the duty to notify the Environment Protection Authority of a notifiable incident and the duty to take action to respond to harm caused by a pollution incident.
The duty to notify the Environment Protection Authority of a notifiable incident and the duty to take action to respond to harm caused by a pollution incident form a fundamental aspect of incident response and any consequential compliance and enforcement. A person impacted by a pollution incident may bring proceedings for civil remedies where the duty has not been discharged.
Stefan Fiedler, Principal and Patrick Conole, Lawyer in the Government, Planning & Environment team, have identified important considerations and provided detailed analysis of the duties.
Download Duty to notify Authority of ‘notifiable incidents’
Download Duty to take action to respond to harm caused by 'pollution incidents'
This will be of interest to State Government, Local Government, Water Corporations, Industry, and anyone who carries out activities in Victoria.
If you would like to keep up to date with Alerts, Insights and upcoming events, you can subscribe to our mailing list here.