{"id":1312,"date":"2021-05-19T12:18:44","date_gmt":"2021-05-19T02:18:44","guid":{"rendered":"https:\/\/prensa.com.au\/?p=1312"},"modified":"2021-05-19T12:27:56","modified_gmt":"2021-05-19T02:27:56","slug":"what-the-new-environment-protection-laws-mean-for-those-managing-land","status":"publish","type":"post","link":"https:\/\/prensa.com.au\/index.php\/2021\/05\/19\/what-the-new-environment-protection-laws-mean-for-those-managing-land\/","title":{"rendered":"New Environment Protection Laws"},"content":{"rendered":"\n
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What the New Environment Protection Laws mean for those managing land<\/h1>\n\n\n\n

Property Trusts and those owning or managing portfolios of land will need to understand the duties imposed under the new Victorian environmental legislation.<\/p>\n\n\n\n

The new Victorian Environment Protection Amendment Act 2018 (EPA Act) will amend the Environment Protection Act 2017 (EP Act)<\/em> and repeal the Environment Protection Act 1970. This will transform and expand additional duties on owners and managers of land which is, or may potentially be contaminated.<\/p>\n\n\n\n

The new EP Act introduces a positive general environmental duty (GED<\/a>). This duty is similar to the familiar general duty obligation in the Occupational Health and Safety Act 2004 (OH&S Act). The GED requires ‘people engaging in activities that may give rise to risks of harm to human health or the environment from pollution or waste’ to understand those risks and take reasonably practicable steps to minimise them.<\/p>\n\n\n\n

What is meant by Reasonably Practical?<\/strong><\/h2>\n\n\n\n

The concept of reasonably practical<\/a> is also similar to the definition of reasonably practicable in Section 20 of the OH&S Act<\/em>. When considering what is reasonably practicable, The EPA Act requires consideration of:<\/p>\n\n\n\n

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1.<\/strong> The likelihood of those risks eventuating;<\/p>\n\n\n\n

2. <\/strong>The degree of harm that would result if those<\/p>\n\n\n\n

3.<\/strong> What the person concerned knows, or ought reasonably to know, about the harm or risks of harm and any ways of eliminating or reducing those risks;<\/p>\n<\/div>\n\n\n\n

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4. <\/strong>The availability and suitability of ways to eliminate or reduce those risks; and<\/p>\n\n\n\n

5.<\/strong> The cost of eliminating or reducing those risks.<\/p>\n<\/div>\n<\/div>\n\n\n\n

General Environmental Duty<\/h3>\n\n\n\n
\"This<\/figure><\/div>\n\n\n\n

The general environmental duty (GED) <\/strong>requires you to understand and minimise your risk of harm to human health and the environment, from pollution and waste. Complying with the general environmental duty will require property trusts and those owning or managing portfolios of land to:<\/p>\n\n\n\n

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