The Department of the Environment, Tourism, Science and Innovation (DETSI) is proposing amendments to the Environmental Protection (EP) Act 1994 to enhance efficiency, responsiveness to emerging challenges, and reduce regulatory burdens. Key changes include the introduction of mandatory codes of practice for low-risk activities, clarified definitions and administrative requirements. These amendments aim to provide greater certainty for businesses and ensure consistent environmental management practices. DETSI is seeking feedback on these proposed changes, and the consultation period is open until July 14, 2025. The key proposed amendments are outlined below.
Provide for the making of mandatory codes as an alternative to environmental authorities
The introduction of mandatory codes for low-risk activities aims to simplify regulation and streamline administration, potentially transitioning around 3,000 Environmental Authorities (EAs). While this approach will reduce delays and costs, it is crucial that the codes are well-defined, regularly updated, and effectively enforced to prevent loopholes. Standardised conditions across all EAs could risk imposing requirements that are misaligned with site-specific risks and operational realities or are more restrictive or less flexible. This risk can be mitigated by including a mechanism for negotiated amendments to standard conditions where the operator can demonstrate that alternative conditions achieve equal or better environmental outcomes. Additionally, engaging stakeholders throughout the development process will ensure that the mandatory codes are practical and acceptable to EA holders.
Provide a consistent environmental risk basis for regulating environmentally relevant activities (ERAs)
Aligning regulatory controls with actual risk will enable more responsive and proportionate regulation, helping industry understand regulatory expectations upfront. However, clear risk assessment guidelines and proper risk classification is critical, as misclassified ERAs could result in under-regulation or excessive burden. Regular reviews are necessary to adapt to evolving science and environmental concerns.
Clearly identify the State’s priorities for environmental protection in the EP Act
The prioritisation of key environmental values is supported. The proposal to introduce State Environmental Protection Priority (SEPPs) indicates that it will consider existing matters of state environmental significance, environmental values and environmental sensitive areas. However, SEPPs must be developed through a transparent consultation process and that a mechanism be introduced to exempt existing approvals from new or revised SEPPs to protect regulatory certainty. There is also concern that SEPPs could shift policy direction mid-project, affecting project certainty; therefore, SEPPs must be regularly reviewed and updated to ensure they remain relevant and responsive to emerging environmental issues.Â
Provide a mechanism to codify ‘best practice environmental management’
Encouraging high environmental standards and innovation, this mechanism will help industry standardise good practices and demonstrate compliance. However, it must be flexible to current effective practices and adaptable to new technologies to avoid the risk of stagnation if codes are rarely updated. There is a risk that it could become overly prescriptive, potentially stifling innovation in some sectors.
Providing consistent general administrative requirements across approvals
This approach will ensure consistent baseline conditions across all EAs, streamlining assessment processes and boosting fairness. The standardised process will also provide businesses a clear understanding of their obligations, leading to better environmental compliance. However, limited flexibility might not suit unique site-specific circumstances, and stakeholders may find mandatory conditions burdensome if they don’t reflect practical realities.
Amend the EP Act to ensure the information stage is not shortened when an amendment application is received
Restarting the statutory decision period upon receipt of major amendments could lead to delays and unpredictability in project delivery, particularly for projects requiring adaptive management in response to new technology or site conditions. Therefore, introducing tiered assessment restart rules, distinguishing between minor and major amendments, would ensure that only substantial changes trigger full reassessment.
A range of other amendments to the EP Act, the Nature Conservation Act 1992 (NC Act) and Water Act 2000 (Water Act) are also proposed to improve administrative processes and efficiency, resolve implementation issues, and clarify aspects of the legislation and its operation.
Please note that this summary is only a high-level review of the proposed changes and is not exhaustive. We strongly encourage businesses to submit feedback during the consultation period to raise any concerns or provide input on the proposed changes. By participating in this process, you can help ensure that the new legislation is balanced and beneficial for businesses, regulators, other stakeholders, and the environment.
Trinity can support you with an in-depth review and site-specific assessment, providing a comment letter or position paper tailored to your specific needs. Additionally, Trinity has experience working with industry on evaluating compliance with the existing End of Waste (EOW) codes. The concept is similar to the proposed mandatory codes, where specific requirements and conditions are outlined. If you have any questions or would like to discuss this upcoming change, please contact Hilbert Libres at 07 3255 3355 or [email protected].
The complete text of the consultation paper can be accessed on the DETSI website.
