Figure 1: Melbourne City, image by Global Victoria
Victoria has introduced one of the biggest changes to environmental protection laws the state has ever seen. This shake-up requires businesses to step up and manage risks proactively to protect our environment and human health – not just clean up after a problem has occurred.
It’s designed to be a fairer, more balanced approach to environmental regulation.
So what is General Environmental Duty (GED) and what must you do? We’ve broken down this complex piece of legislation into the nuts and bolts of what you need to know:
1. What is happening and when?
On the 1st July 2021, changes will came into force under the amended Environmental Protection Act 2017. The term ‘General Environmental Duty’ (GED) is at the heart of this Act. From now on, all Victorian businesses and communities must proactively reduce the risk of harm to human health and the environment from pollution or waste.
Some common risks to manage include:
• business activities that produce noise, odour or runoff to stormwater
• the storage, use and disposal of liquids and chemicals
• management of wastes and the choice of transporter or receiver of wastes
If your business is already managing your environmental risks well, the new GED requirements will require very little, if any, change from you.
If this is an area you’ve been slow to address, you now have a BIG incentive to take action. If your business commits a serious breach of the Act, you could face fines of up to $3.2 million. Jail time is also possible for deliberate breaches or repeat offenders. The Environmental Protection Authority (EPA) can also seek a civil penalty instead of criminal prosecution. The court can order money made from breaking the law to be re-couped, or businesses could have to undertake a project to restore or enhance the environment, among other penalties.
This will ensure businesses operating illegally won’t have a competitive advantage over those doing the right thing.
2. What does my business have to do?
Businesses are now expected to take ‘reasonably practicable’ steps to eliminate, or minimise, any risk of harm to human health or the environment from pollution or waste.
Taking ‘reasonably practicable’ action means you have put in place proportionate controls to eliminate or minimise risks of harm. In other words, the greater the risk of potential harm, the greater the expectation is for you to manage it.
3. Where do I start?
Undertaking a robust Environmental Risk Assessment is a good first step. Morphum Environmental can help you with this – we’ll look at all your on-site activities in depth to see what your potential impacts on the environment and human health are, and how risky each one is. Often, we work with businesses who generate industrial waste or deal with hazardous materials, but you’d be surprised how many small-scale businesses also pose environmental risks.
We can help develop and implement an Environmental Management System to ensure you’re taking the necessary proactive steps to comply with the new GED laws and put appropriate risk controls in place. This is a core part of our business, so rest assured we know what we are doing! No matter what size your business is, or what industry you operate in, we can pinpoint the areas you need to be aware of.
4. How involved do I need to be?
We encourage our clients to be engaged and committed throughout the Environmental Risk Assessment process. Ultimately, the responsibility falls to your business to implement control measures so it’s important you’re part of this journey.
The outcome of your initial Risk Assessment will determine what type of follow-up work is required. Almost all businesses will be able to improve their environmental performance in some way. But in line with the definition above, the level of risk posed will be proportionate to the type of action that is required.
Morphum Environmental will look to improve your environmental performance by supporting meaningful change within your business – not just plaster over the cracks. We will help you identify any staff training or supervision that might be needed to comply with GED. Our ultimate goal is to put you in a position to sustainably manage your own environmental risk on a daily basis without our assistance.
5. What if I do nothing?
Given the size and scale of the new criminal and civil penalties, doing nothing could potentially be a very costly exercise!
The Environmental Protection Authority says it expects Victorians to be open, honest and manage risk proactively to continually reduce risks to the environment. You must report non-compliance and contamination, and respond positively when the EPA raises issues.
In short, we all have a moral – and now legal – duty to do the right thing.
Morphum Environmental is here to help your business navigate these new laws. If you have any questions about GED or what you need to do, get in touch with our team today.
Phone: +61 3 9111 5640
Email: info@morphum.com