Page 2899 - Week 09 - Thursday, 18 September 2014
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The bill therefore will simplify and modernise the objects of the act and enhance enforcement capabilities by providing response options that are proportionate and appropriate based on this review.
As a matter of good governance, contemporary legislation is achieved through a proactive approach to evaluating the effectiveness of legislation from time to time. This bill is a result of that approach. The bill seeks to amend the act by contemporising the legislation consistent with other Australian jurisdictions, expanding the regulatory and enforcement mechanisms available to the EPA and streamlining existing administrative processes.
The amendments to the legislation can be broadly categorised into three main areas—major amendments, specific amendments and minor amendments. Major amendments broaden the scope of the operations within the legislation and are the main recommendations from the review.
Activity specific amendments have been introduced for activities conducted in the territory that require regulatory controls to ensure that the risk of environmental harm is mitigated. These amendments include either licensing a specified activity or creating strict liability offences under the regulation. Minor amendments will streamline administrative processes for efficiency in administering the act or amendments that clarify the intent of the act’s provisions.
I am now pleased to detail each of these key amendments. The obligation to take reasonable and practicable action to prevent or minimise environmental harm currently exists under the act. One of the major amendments will expand on this obligation. It will align relevant provisions with the environmental obligation under part 3 of the act for a person to take reasonable and practicable action to include that a person must prevent or minimise potential or likely environmental harm.
The introduction of “likely” and/or “potential” in the definition of environmental harm will further facilitate a proactive educative approach to protecting the environment by providing an objective approach to determine the seriousness of the environmental offences. The bill will introduce the concept of “likely” or “potential” harm throughout the law. This change will be of particular importance because of the number of improvements and benefits that it instils in the operation of the act.
Environmental harm as defined in the legislation is the direct or indirect alteration of the environment from activities that have environmental impacts which can be transient or cumulative. Introducing the concept of “likely” and “potential” harm ensures transient and cumulative impacts to the environment are properly considered in enforcing the act.
This will address enforcement limitations currently faced by the Environment Protection Authority from the transient and cumulative impacts to the environment from legislative breaches or authorised activities. The change will align the definition of environmental harm and the environmental obligation to minimise harm caused or likely to be caused and the threshold of proving environmental offences.
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