The EPA and DSE released a discussion paper in June 2011 in
relation to the statutory policy review currently being undertaken
by the two departments. Written comments on the statutory policy
review discussion paper close on 19 August 2011.
The statutory policy review is a result of a number of factors,
namely the potential impacts of climate change, an emphasis on a
holistic approach to management of environmental issues, increased
emphasis on regulatory efficiency and ongoing reform of the
EPA. It aims to unlock the potential to deliver continually
improving outcomes for the Victorian environment that can be
monitored, evaluated and verified.
The review will examine the function, structure, content,
management and effectiveness of statutory policies, particularly
State Environment Protection Policies (SEPP) and
Waste Management Policies (WMP). It is not a
review of individual policies, nor is it a review of the
Environment Protection Act (EP Act) or
Victoria's broader environment protection
framework.
The discussion papers sets out, amongst other things, the need for
a statutory policy review, the content for the review of statutory
policy, the critical challenges for statutory policy, approaches to
standard setting in Victoria and other jurisdictions, and potential
models and specific suggestions for reform.
The discussion paper outlines some of the key features considered
to form part of an effective statutory policy framework, which
includes:
- responding to current and emerging environmental challenges
- responsive, clear and more accessible standard setting
- establishing a clear hierarchy of instruments
- improved implementation of achieve objectives
- improved coordination and management of policies within and across agencies
- clearer accountability for environmental performance.
The discussion paper also indentifies four potential models for
change to statutory policy:
- Model 1 – make minor changes to streamline statutory policy.
- Model 2 – make significant changes to the scope and structure of statutory policy.
- Model 3 – implement innovative reform of statutory policy to drive regional or local approaches.
- Model 4 – abolish statutory policy and rely on the EP Act, Regulations and guidance.
There are also some further specific suggestions to improve and
reform statutory policy in Victoria. These include:
- improving accessibility by making the policies easier to navigate, use more consistent language and are shorter documents that avoid repetition
- improving flexibility whilst retaining scrutiny
- improving accountability, management and coordination.
These suggestions for reform echo comments of VCAT on EPA's
waste management policies in SITA Australia Pty Ltd and PWM
(Lyndhurst) Pty Ltd v Greater Dandenong CC [2007] VCAT 156 and
more recent comments in the EPA Compliance and Enforcement Review
(February 2011). For example, the Review commented that the style
of drafting in EPA policies varies significantly and is often
inconsistent. The Review reported that business and the community
found that SEPPs are complex, difficulty to navigate and in some
cases inconsistent and ambiguous. The Review made a number of
recommendations for improvement that, in short, required a clear
framework for statutory and non-statutory guidance to be produced
by the EPA.
The EPA and DSE are currently running stakeholder meetings to
discuss the review and receive feedback.
DLA Piper can assist you with environmental compliance advice and
responding to EPA investigations or enforcement action. In relation
to this discussion paper, we can assist with:
- advising on or preparation of a submission to the EPA and DSE on the discussion paper
- advising on the implications of any changes to the statutory policy framework that may arise from the review.
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