From 1 July 2021 the Environment Protection Act 2017 (Vic) will provide a prevention-focused regulatory scheme and at its heart is the general environmental duty.
The general environmental duty is actionable by eligible persons via civil remedies and by the Environment Protection Authority as a civil penalty and indictable criminal offence.
It is not clear if the general environmental duty is an absolute liability offence observing the availability of civil remedies and civil penalties Parliament’s intention to limit an accused presumption of innocence by raising its due diligence in defence.
Stefan Fiedler, Principal in the Government, Planning & Environment team, has identified important considerations and provided detailed analysis of the general environmental duty.
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
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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