On 28 August 2018 the Environment Protection Amendment Bill 2018 received royal assent and was enacted as the Environment Protection Amendment Act 2018.

As noted in our previous update, the Bill passed the Legislative Assembly on 26 July 2018 with no amendments. Only relatively minor amendments were made in the Legislative Council relating to duties to investigate alternatives to waste disposal.

The majority of the substantive provisions of the Act will now commence on 1 December 2020 (later than the original commencement date in the Bill of 1 July 2020). Upon commencement the Act will repeal the Environment Protection Act 1970 and incorporate amendments into the Environment Protection Act 2017, Mineral Resources (Sustainable Development) Act 1990 and a number of other acts listed in Part 4.

Before commencement DELWP and the EPA will be releasing numerous subordinate instruments, policies, guidelines and other documents to support the implementation and interpretation of the legislation. We will continue to follow the effects of the legislation closely by reviewing and commenting on the release of these documents as they occur.

Now that the Bill has become law, it is a good time to brief your company’s Management, Board and Risk Committees on the implications of the new legislation and begin implementing processes to prepare your business for commencement.