The COVID-19 Omnibus (Emergency Measures) Act 2020 was introduced in April 2020 to help Victorians manage during this challenging time. This included postponing new environment protection legislation that was intended to commence 1 July 2020.
The postponement of the commencement of the amended Environment Protection Act 2017 also meant postponing the making of the subordinate legislation, including the proposed regulations and ERS.
Proposed final versions of the Environment Protection Regulations and Environment Reference Standard (ERS) were released by Government in December 2020 to support duty holder and peer regulator readiness for the commencement of the new Act.
New legislation to commence 1 July 2021
The Governor in Council has proclaimed the new EP Act will commence on 1 July 2021.
The formal process for making the subordinate legislation – the Environment Protection Regulations and Environment Reference Standard – will now proceed.
When they are made as legislation the final Regulations and ERS will be published. Until then we encourage you to continue to use the proposed final versions provided by Government to prepare for the new laws.
Proposed final versions of Regulations, ERS and supporting materials published
Proposed final Regulations and ERS can be found at https://www.epa.vic.gov.au/about-epa/laws/new-laws/subordinate-legislation.
Five EPA publications that will be incorporated in the regulations when they are made and support their operation can be found at https://www.epa.vic.gov.au/about-epa/laws/new-laws/subordinate-legislation.
The Response to public comment report (PDF 5MB) summarises the Government’s response to the key issues raised in submissions on the draft regulations, their incorporated documents and the ERS.
Subordinate Legislation and New Laws Webinar
On 3 February EPA held a new laws webinar which explored key changes to environmental regulations.
You can view the responses to questions from the Subordinate Legislation and New Laws Webinar here https://www.epa.vic.gov.au/for-community/get-invol...
What happens next
Once the process to finalise the subordinate legislation is complete, the Government will release the final subordinate legislation.
Victoria’s new environment protection laws will commence on 1 July 2021.
Disclaimer: To the full extent permitted by law, EPA does not accept liability for any loss or damage suffered or for any claims whatsoever arising in any way from any party making a submission or any third party included, identified or named in a submission in any way or form.