On 1 July 2021 the Environment Protection Act 2017 (Vic) was amended to provide a prevention-focused regulatory scheme protecting the community from harm from contaminated land.
The general environmental duty, duty to manage contaminated land and duty to notify of notifiable contamination, collectively provide comprehensive actionable duties enabling a person impacted by contaminated land or any failure of those in management or control, to bring proceedings seeking civil remedies.
The Environment Protection Authority holds an important role as the repository of notifiable contamination disclosed by persons in management or control of contaminated land. It is not yet clear how notifiable contamination information may be searched or otherwise accessed.
Stefan Fiedler, Principal in the Government, Planning & Environment team, has identified important considerations and provided detailed analysis of the duties.
This will be of interest to State Government, Local Government, Water Corporations, Industry and anyone who owns, develops and invests in land in Victoria.
Download the General Environmental Duty brochure here
Download the Duty to Manage Contaminated Land brochure here
Download the Duty to Notify of Notifiable Contamination here
If you require any further information, please contact Stefan Fiedler on (03) 9609 1672, 0437 734 742 or by email sfiedler@rk.com.au.
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