Environmental law in Victoria

Last updated

Environmental law in Victoria concerns the laws and legal measures taken to protect human health and the environment and tackling Environmental issues in Australia happening in the state of Victoria, Australia.

Contents

Federal legislation

Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)

The Environment Protection and Biodiversity Conservation Act 1999 is Australia's principal environmental legislation. It creates a legal framework to protect places, plants, animals, habitats and heritage sites. [1] This act also sets rules regarding the national or international trade of wildlife. [2]

Victorian Acts and Regulations

General Acts

Environment Protection Act 1970

The Environment Protection Act 1970 established the Environment Protection Authority, Victoria's independent statutory authority and environment regulator and set out the rules that regulates its operation.

National Environment Protection Council (Victoria) Act 1995

This Act is complementary to ones in other states and the Commonwealth and creates the National Environment Protection Council (NEPC) which goal is to ensure the prevent the pollution air, water, soil and noise in Australia. To reach that goal, NEPC makes National Environment Protection Measures (NEPMs) and monitor the implementation of those measures. [3]

Climate Change Act 2017

This Act creates a target of zero emissions by 2050 by requiring the Government to implement strategies every five years. [4]

Environment Protection Act 2017

The Environment Protection Act of 2017 shifts the focus of protection of the environment from reaction to prevention, [5] making it mandatory to minimise the impact of pollution before it happens. This act was amended by the Environment Protection Amendment Act 2018 and was introduced in 2021.

Main improvements:

Protection of Wildlife

The Wildlife Act 1975

The Wildlife Act and further associated regulations provide a framework for possession, control, breeding and general interaction with wildlife. They also set a framework regarding the rescue and rehabilitation of wildlife by authorised professionals. [7]

Flora and Fauna Guarantee Act 1988

The Flora and Fauna Guarantee Act aims at protecting and conserving biodiversity by making a list of threatened species and communities. [7] [8]

Sustainable Forests (Timber) Act 2004

The Sustainable Forests Act aims at protecting wildlife against timber harvesting in native areas. The Code of Practice for Timber Production 2014 further establishes standards and a management strategy for commercial timber harvesting in Victoria. [9]

Water Preservation

Pollution of Waters by Oils and Noxious Substances Act 1986

This Act implements the Marpol Convention of 1973 and aims at protecting the sea and waters from pollution by oil and substances. [3]

The Water Act 1989

The Water Act 1989 ensures the fair and responsible use of water resources all over Victoria. [10]

The Water (Resource Management) Act 2005 (Victoria)

The Water (Resource Management) Act amends the Water Act from 1989 and creates the environmental entitlements, which are legal rights to take and use water to maintain an Environmental Water Reserve. [11]

See also

Related Research Articles

<span class="mw-page-title-main">Environmental law</span> Branch of law concerning the natural environment

Environmental laws are laws that protect the environment. Environmental law is the collection of laws, regulations, agreements and common law that governs how humans interact with their environment. This includes environmental regulations; laws governing management of natural resources, such as forests, minerals, or fisheries; and related topics such as environmental impact assessments. Environmental law is seen as the body of laws concerned with the protection of living things from the harm that human activity may immediately or eventually cause to them or their species, either directly or to the media and the habits on which they depend.

<span class="mw-page-title-main">Industrial waste</span> Waste produced by industrial activity or manufacturing processes

Industrial waste is the waste produced by industrial activity which includes any material that is rendered useless during a manufacturing process such as that of factories, mills, and mining operations. Types of industrial waste include dirt and gravel, masonry and concrete, scrap metal, oil, solvents, chemicals, scrap lumber, even vegetable matter from restaurants. Industrial waste may be solid, semi-solid or liquid in form. It may be hazardous waste or non-hazardous waste. Industrial waste may pollute the nearby soil or adjacent water bodies, and can contaminate groundwater, lakes, streams, rivers or coastal waters. Industrial waste is often mixed into municipal waste, making accurate assessments difficult. An estimate for the US goes as high as 7.6 billion tons of industrial waste produced annually, as of 2017. Most countries have enacted legislation to deal with the problem of industrial waste, but strictness and compliance regimes vary. Enforcement is always an issue.

Environment and Climate Change Canada is the department of the Government of Canada responsible for coordinating environmental policies and programs, as well as preserving and enhancing the natural environment and renewable resources. It is also colloquially known by its former name, Environment Canada.

<span class="mw-page-title-main">Environmental protection</span> Practice of protecting the natural environment

Environmental protection, or environment protection, is the practice of protecting the natural environment by individuals, groups and governments. Its objectives are to conserve natural resources and the existing natural environment and, where it is possible, to repair damage and reverse trends.

<span class="mw-page-title-main">Polluter pays principle</span> Principle in environmental law

In environmental law, the polluter pays principle is enacted to make the party responsible for producing pollution responsible for paying for the damage done to the natural environment. This principle has also been used to put the costs of pollution prevention on the polluter. It is regarded as a regional custom because of the strong support it has received in most Organisation for Economic Co-operation and Development (OECD) and European Union countries, and has a strong scientific basis in economics. It is a fundamental principle in US environmental law.

<span class="mw-page-title-main">Environmental crime</span> Illegal act which directly harms the environment

Environmental crime is an illegal act which directly harms the environment. These illegal activities involve the environment, wildlife, biodiversity, and natural resources. International bodies such as, G7, Interpol, European Union, United Nations Environment Program, United Nations Interregional Crime and Justice Research Institute, have recognized the following environmental crimes:

Soil policy in Victoria refers to guidelines and regulations implemented by the state government of Victoria, Australia, to manage and protect the soil resources within its jurisdiction.

To protect the environment from the adverse effects of pollution, many nations worldwide have enacted legislation to regulate various types of pollution as well as to mitigate the adverse effects of pollution. At the local level, regulation usually is supervised by environmental agencies or the broader public health system. Different jurisdictions often have different levels regulation and policy choices about pollution. Historically, polluters will lobby governments in less economically developed areas or countries to maintain lax regulation in order to protect industrialisation at the cost of human and environmental health.

<span class="mw-page-title-main">Pollution in the United States</span> Overview of pollution in the United States of America

As with many countries, pollution in the United States is a concern for environmental organizations, government agencies, and individuals.

<span class="mw-page-title-main">Litter in Australia</span>

Litter in Australia is prevalent in many areas and a significant environmental problem, particularly in the large cities of Sydney and Melbourne. In 2023, plastics make up 81 per cent of all surveyed litter.

<span class="mw-page-title-main">Environment Protection Authority (Victoria)</span> Environmental regulator of Victoria, Australia

The Environment Protection Authority Victoria (EPA) is Victoria’s environmental regulator. EPA is an independent statutory authority, established in 1971 under the Environment Protection Act 1970. EPA's role is to prevent and reduce the harmful effects of pollution and waste on Victorians and their environment.

The Ohio Environmental Protection Agency is the administrative department of the Ohio state government responsible for protecting the environment and public health by ensuring compliance with environmental laws. Those laws and related rules outline Ohio EPA's authority and what things the Agency can consider when making decisions about regulated activities.

VicForests was a Government Backed Enterprise operating in Victoria, Australia. Its principal function was to undertake logging and commercial sale of timber from state forests in Victoria.

<span class="mw-page-title-main">Environmental cleanup law</span> Area of law

Environmental cleanup laws govern the removal of pollution or contaminants from environmental media such as soil, sediment, surface water, or ground water. Unlike pollution control laws, cleanup laws are designed to respond after-the-fact to environmental contamination, and consequently must often define not only the necessary response actions, but also the parties who may be responsible for undertaking such actions. Regulatory requirements may include rules for emergency response, liability allocation, site assessment, remedial investigation, feasibility studies, remedial action, post-remedial monitoring, and site reuse.

The NSW Environment Protection Authority (EPA) is an independent statutory authority that sits in the Environment portfolio as part of the Planning and Environment cluster. It was established as an independent governing board in February 2012 separate from the Office of Environment & Heritage. The EPA is the state’s primary environmental regulator, working with businesses, government, community and environment groups to manage and reduce pollution, waste and adverse impacts on the environment.

Lemon Springs or Lemon Springs Bushland Reserve is a 1400-acre property situated 15km south of Kaniva, Victoria, Australia, in the municipality of West Wimmera Shire Council. It is known as the biggest toxic dumpsite found in Australia.

Odour pollution in Australia is a type of pollution regulated by law and arises mainly in industrial areas.

The general environmental duty (GED) is a legal duty in Australian law stating that each person is responsible for their actions affecting the environment. To do so, they should take all reasonable measures to minimise the harm done to the environment before carrying out any activity.

References

  1. Australian Government. Department of Climate Change, Energy, the Environment and Water. "What's protected under the EPBC Act".{{cite web}}: CS1 maint: multiple names: authors list (link)
  2. "Annex 1: Overview of the legislative framework and roles and responsibilities for Wildlife protection". www.vic.gov.au. 15 February 2022. Retrieved 2024-01-21.
  3. 1 2 3 Victoria, Environment Protection Authority. "Laws and regulations | Environment Protection Authority Victoria". www.epa.vic.gov.au. Retrieved 2024-01-18.
  4. EPA Victoria (23 October 2023). "Climate change legislation" . Retrieved 30 January 2024.
  5. "Unpacking the Biggest Change to Victoria's Environmental Regulation in 50 Years | Greencap". www.greencap.com.au. Retrieved 2024-01-21.
  6. Mannix, Liam (2018-06-21). "Individuals would get right to take polluters to court under new EPA laws". The Age. Retrieved 2024-01-21.
  7. 1 2 "Strengthening our waste and recycling system". www.vic.gov.au. 18 September 2023. Retrieved 2024-01-21.
  8. www.blakedigital.com, Blake Digital. "Amendments to the Flora and Fauna Guarantee Act Come Into Effect | Ecology and Heritage Partners". www.ehpartners.com.au. Retrieved 2024-01-21.
  9. Reserves, Forests and (2022-07-01). "Code of Practice for Timber Production 2014". Forests and Reserves. Retrieved 2024-01-21.
  10. Victoria's Department of Energy, Environment and Climate Action. (2 November 2023). "Water entitlements and the Water Act".
  11. catchments, Water and (2023-11-02). "Environmental entitlements". Water and catchments. Retrieved 2024-01-21.