The most significant change relates to the management of contaminated land. The EPA proposes to introduce a ‘management agreement‘ to replace ‘voluntary management proposals‘ (VMP) in the Contaminated Land Management Act 1997 for the management of contaminated land. The purpose of introducing a ‘management agreement’ is to also introduce penalty provisions for failing to comply with agreed actions under a ‘management agreement’. Currently, a failure to comply with a VMP might result in the EPA issuing a management order requiring remediation or other actions, but there are no identified penalties.

One of the more creative changes is that the EPA is proposing to use drones to collect evidence for prosecutions under the Protection of the Environment Operations Act 1997 (POEO Act).

The legislation affected includes:

  • the Contaminated Land Management Act 1997 (CLM Act) and the Contaminated Land Management Regulation 2013 (CLM Regulation)
  • the Protection of the Environment Operations Act 1997 (POEO Act)
  • the Protection of the Environment Administration Act 1991 (POEA Act)
  • the Radiation Control Act 1990 (RC Act) and the Radio Control Regulation 2013 (RC Regulation).

We have summarised our understanding of the proposed changes, and the identified purpose of the proposed changes in the table below. No draft bill has yet been prepared.

Click here to view table.