ENVIRONMENTAL LEGISLATION

AUSTRALIA, NEW ZEALAND, SINGAPORE

12 JULY 2011

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Summary

The following table contains a listing of environmental legislation that would apply to an

office based business. The legislation listed is broad in nature and sets the framework for

environmental policies, institutions and reporting requirements across the jurisdictions of

Australia, New Zealand and Singapore.

The laws and regulations for Australia and New Zealand are relevant as at 12 July 2011. The

environmental legislation for Singapore is also relevant but it should be noted that the

Singapore Environmental Protection and Management (Amendment) Act 2011 has received

approval but does not yet apply as no commencement date has been set at this stage.

Specific industries may have legislation or regulations that apply, especially if the industry is

resource intensive or has high emissions, or if the business is export based. Outlined below

is a brief summary of the political structure that influences the outcomes of environmental

laws and regulations.

Australia

The Federal Government’s environmental legislation provides for the implementation and

enforcement of international treaties. The Federal Government works with State Governments on

environmental issues through the Council of Australian Governments (COAG). State and territory

environment acts apply to certain business activities and are administered by both state and local

governments.

New Zealand

National laws apply in relation to environmental issues. These laws flow through to regional

authorities who are responsible for environmental management. There are sixteen regions

(local Government areas) in New Zealand. Regional Councils have specific functions under

the Resource Management Act 1991.

Singapore

The Singapore Constitution does not contain any provisions on the environment.

The present scheme of environmental management in Singapore contains specific

enforcement provisions related to, amongst other things, search and seizure powers.

Specific laws apply to industries whose activities may directly damage the environment

through pollution and hazardous waste.

The legislation outlined in this document covers the broader aspects of environmental

responsibilities and compliance components. As the focus of this research is related to

office based activities they are listed because compliance is associated with the support of

the principles contained in the legislation when undertaking business activity. As with most

legislation, Environment laws and regulations are the subject of periodic review.

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ENVIRONMENTAL LEGISLATION

AUSTRALIA

LEGISLATION / REGULATIONS

OBJECTS / PRINCIPLES / PURPOSE

Federal The Environment Protection and Biodiversity Conservation Act 1999 Environment Protection and Biodiversity Conservation Regulations 2000

Objects of Act The objects of this Act are: (a) to provide for the protection of the environment, especially those

aspects of the environment that are matters of national environmental significance; and

(b) to promote ecologically sustainable development through the conservation and ecologically sustainable use of natural resources; and

(c) to promote the conservation of biodiversity; and (ca) to provide for the protection and conservation of heritage; and

(d) to promote a co-operative approach to the protection and management of the environment involving governments, the community, land-holders and indigenous peoples; and

(e) to assist in the co-operative implementation of Australia’s international environmental responsibilities; and

(f) to recognise the role of indigenous people in the conservation and ecologically sustainable use of Australia’s biodiversity; and

(g) to promote the use of indigenous peoples’ knowledge of biodiversity with the involvement of, and in co-operation with, the owners of the knowledge.

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Australian Capital Territory Environmental Protection Act 1997 (ACT) Environment Protection Regulation 2005 (ACT)

Objects (1) The particular objects of this Act are—

(a) to protect and enhance the quality of the environment; and (b) to prevent environmental degradation and adverse risks to human

health and the health of ecosystems by promoting pollution prevention, clean production technology, reuse and recycling of materials and waste minimisation programs; and

(c) to require people engaging in polluting activities to make progressive environmental improvements, including reductions of pollution at the source as such improvements become practical through technological and economic development; and

(d) to achieve effective integration of environmental, economic and social considerations in decision-making processes; and

(e) to promote the concept of a shared responsibility for the environment by acknowledging environmental needs in economic and social decision-making; and

(f) to promote the concept of a shared responsibility for the environment through public education about and public involvement in decisions about protection, restoration and enhancement of the environment; and

(g) to promote the principles of ecologically sustainable development; and

(h) to regulate, reduce or eliminate the discharge of pollutants and hazardous substances into the air, land or water consistent with maintaining environmental quality; and

(i) to allocate the costs of environmental protection and restoration equitably and in a way that encourages responsible use of, and reduces harm to, the environment with polluters bearing the appropriate share of the costs that arise from their activities; and

(j) to facilitate the implementation of national environment protection measures under national scheme laws; and

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(k) to provide for the monitoring and reporting of the environmental

quality on a regular basis in conjunction with the commissioner for the environment; and

(l) to control the generation, storage, collection, transportation, treatment and disposal of waste with a view to reducing, minimising and, where practical, eliminating harm to the environment; and

(m) to adopt a precautionary approach when assessing environmental risk to ensure that all aspects of environmental quality, including ecosystem sustainability and integrity and beneficial use of the environment, are considered in assessing, and making decisions in relation to, the environment; and

(n) to ensure that contaminated land is managed having regard to human health and the environment; and

(o) to coordinate all activities as are necessary to protect, restore or improve the ACT environment; and

(p) to establish a process for investigating and, where appropriate, remediating land areas where contamination is causing or is likely to cause—

(i) a significant risk of harm to human health; or (ii) a significant risk of material environmental harm or serious

environmental harm; and this Act must be construed and administered accordingly.

(2) For subsection (1) (g), ecologically sustainable development means the

effective integration of economic and environmental considerations in decision-making processes and to be achievable through implementation of the following principles:

(a) the precautionary principle, namely, that if there is a threat of

serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to

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prevent environmental degradation; (b) the inter-generational principle, namely, that the present generation

should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;

(c) conservation of biological diversity and ecological integrity; (d) improved valuation and pricing of environmental resources.

New South Wales Protection of the Environment Operations Act 1997 (NSW) Protection of the Environment Operations (Noise Control) Regulation 2008

The objects of this Act are as follows: (a) to protect, restore and enhance the quality of the environment in

New South Wales, having regard to the need to maintain ecologically sustainable development,

(b) to provide increased opportunities for public involvement and participation in environment protection,

(c) to ensure that the community has access to relevant and meaningful information about pollution,

(d) to reduce risks to human health and prevent the degradation of the environment by the use of mechanisms that promote the following:

(i) pollution prevention and cleaner production, (ii) the reduction to harmless levels of the discharge of

substances likely to cause harm to the environment, (iia) the elimination of harmful wastes, (iii) the reduction in the use of materials and the re-use,

recovery or recycling of materials, (iv) the making of progressive environmental improvements,

including the reduction of pollution at source, (v) the monitoring and reporting of environmental quality on a

regular basis, (e) to rationalise, simplify and strengthen the regulatory framework for

environment protection, (f) to improve the efficiency of administration of the environment

protection legislation,

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(g) to assist in the achievement of the objectives of the Waste Avoidance and Resource Recovery Act 2001 .

New South Wales (Cont’d) Waste Avoidance and Resource Recovery Act 2001 (NSW)

Objects of Act The objects of this Act are as follows: (a) to encourage the most efficient use of resources and to reduce

environmental harm in accordance with the principles of ecologically sustainable development,

(b) to ensure that resource management options are considered against a hierarchy of the following order:

(i) avoidance of unnecessary resource consumption, (ii) resource recovery (including reuse, reprocessing, recycling

and energy recovery), (iii) disposal, (c) to provide for the continual reduction in waste generation, (d) to minimise the consumption of natural resources and the final

disposal of waste by encouraging the avoidance of waste and the reuse and recycling of waste,

(e) to ensure that industry shares with the community the responsibility for reducing and dealing with waste,

(f) to ensure the efficient funding of waste and resource management planning, programs and service delivery,

(g) to achieve integrated waste and resource management planning, programs and service delivery on a State-wide basis,

(h) to assist in the achievement of the objectives of the Protection of the Environment Operations Act 1997.

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Northern Territory Environmental Assessment Act 1994 (NT)

Object of Act Subject to section 6, the object of this Act is to ensure, to the greatest extent practicable, that each matter affecting the environment which is, in the opinion of the Minister, a matter which could reasonably be considered to be capable of having a significant effect on the environment, is fully examined and taken into account in, and in relation to: (a) the formulation of proposals; (b) the carrying out of works and other projects; (c) the negotiation, operation and enforcement of agreements and

arrangements (including agreements and arrangements with, and with authorities of, the Commonwealth, the States another Territories); Environmental Assessment Act 2

(d) the making of, or the participation in the making of, decisions and recommendations; and

(e) the incurring of expenditure, by, or on behalf of, a person, either alone or in association with another person.

Queensland Environmental Protection Act 1994 (Qld)

Object of Act The object of this Act is to protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecologically sustainable development). How object of Act is to be achieved (1) The protection of Queensland’s environment is to be achieved by an

integrated management program that is consistent with ecologically sustainable development.

(2) The program is cyclical and involves the following phases— (a) phase 1—establishing the state of the environment and defining

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environmental objectives; (b) phase 2—developing effective environmental strategies; (c) phase 3—implementing environmental strategies and integrating

them into efficient resource management; (d) phase 4—ensuring accountability of environmental strategies.

(3) The relationship between each of the phases is shown in the figure appearing at the end of this Act.

(4) Phase 1 is achieved by— (a) researching the state of the environment, including essential

ecological processes; and (b) deciding environmental values to be protected or achieved by

consulting industry, government departments and the community (5) Phase 2 is achieved by— (a) developing environmental protection policies that, among other

things— (i) decide environmental indicators; and (ii) establish ambient and emission standards for contaminants;

and (iii) require waste management, including waste prevention and

minimisation; and (iv) advise on management practices; and (b) promoting environmental responsibility andinvolvement within the

community. (6) Phase 3 is achieved by— (a) integrating environmental values into land use planning and

management of natural resources; and (b) ensuring all reasonable and practicable measures are taken to

protect environmental values from all sources of environmental harm; and

(c) monitoring the impact of the release of contaminants into the environment; and

(d) requiring persons who cause environmental harm to pay costs and penalties for the harm.

(7) Phase 4 is achieved by—

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(a) reviewing the results of human activities on the environment; and (b) evaluating the efficiency and effectiveness of environmental

strategies; and (c) reporting publicly on the state of the environment.

South Australia Environment Protection Act 1993 (SA)

Objects of Act (1) The objects of this Act are— (a) to promote the following principles (principles of ecologically

sustainable development): (i) that the use, development and protection of the

environment should be managed in a way, and at a rate, that will enable people and communities to provide for their economic, social and physical wellbeing and for their health and safety while—

(A) sustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations; and

(B) safeguarding the life-supporting capacity of air, water, land and ecosystems; and

(C) avoiding, remedying or mitigating any adverse effects of activities on the environment;

(ii) that proper weight should be given to both long and short term economic, environmental, social and equity considerations in deciding all matters relating to environmental protection, restoration and enhancement; and

(b) to ensure that all reasonable and practicable measures are taken to protect, restore and enhance the quality of the environment having regard to the principles of ecologically sustainable development, and—

(i) to prevent, reduce, minimise and, where practicable,

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eliminate harm to the environment— (A) by programmes to encourage and assist action by

industry, public authorities and the community aimed at pollution prevention, clean production and technologies, reduction, reuse and recycling of material and natural resources, and waste minimisation; and

(B) by regulating, in an integrated, systematic and cost-effective manner—

• activities, products, substances and services that, through pollution or production of waste, cause environmental harm; and

• the generation, storage, transportation, treatment and disposal of waste; and

(i) to establish processes for carrying out assessments of known or suspected site contamination and, if appropriate, remediation of the sites; and

(ii) to co-ordinate activities, policies and programmes necessary to prevent, reduce, minimise or eliminate environmental harm and ensure effective environmental protection, restoration and enhancement; and

(iii) to facilitate the adoption and implementation of environment protection measures agreed on by the State under intergovernmental arrangements for greater uniformity and effectiveness in environment protection; and

(iv) to apply a precautionary approach to the assessment of risk of environmental harm and ensure that all aspects of environmental quality affected by pollution and waste (including ecosystem sustainability and valued environmental attributes) are considered in decisions relating to the environment; and

(v) to require persons engaged in polluting activities to progressively make environmental improvements (including reduction of pollution and waste at source) as such improvements become practicable through technological

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and economic developments; and (vi) to allocate the costs of environment protection and

restoration equitably and in a manner that encourages responsible use of, and reduced harm to, the environment with polluters bearing an appropriate share of the costs that arise from their activities, products, substances and services; and

(vii) to provide for monitoring and reporting on environmental quality on a regular basis to ensure compliance with statutory requirements and the maintenance of a record of trends in environmental quality; and

(viii) to provide for reporting on the state of the environment on a periodic basis; and

(ix) to promote— (A) industry and community education and involvement in

decisions about the protection, restoration and enhancement of the environment; and

(B) disclosure of, and public access to, information about significant environmental incidents and hazards.

(2) The Minister, the Authority and all other administering agencies and

persons involved in the administration of this Act must have regard to, and seek to further, the objects of this Act.

Tasmania Environmental Management and Pollution Control Act 1994 (Tas)

Purpose - Best practice environmental management (1) For the purposes of this Act, the best practice environmental

management of an activity is the management of the activity to achieve an ongoing minimization of the activity's environmental harm through cost-effective measures assessed against the current international and national standards applicable to the activity.

(2) In determining the best practice environmental management of an activity, regard must be had to the following measures:

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(a) strategic planning by the person carrying out, or proposing to carry out, the activity;

(b) administrative systems implemented by the person, including staff training;

(c) public consultation carried out by the person; (d) product and process design; (e) waste prevention, treatment and disposal. (3) Subsection (2) does not limit the measures to which regard may be had

in determining the best practice environmental management of an activity.

Victoria Environmental Protection Act 1970 (Vic)

Principles of Act Principle of integration of economic, social and environmental considerations (1) Sound environmental practices and procedures should be adopted

as a basis for ecologically sustainable development for the benefit of all human beings and the environment.

(2) This requires the effective integration of economic, social and

environmental considerations in decision making processes with the need to improve community well-being and the benefit of future generations.

(3) The measures adopted should be cost-effective and in proportion

to the significance of the environmental problems being addressed.

The precautionary principle (1) If there are threats of serious or irreversible environmental

damage, lack of full scientific certainty should not be used as a

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reason for postponing measures to prevent environmental degradation.

(2) Decision making should be guided by- (a) a careful evaluation to avoid serious or irreversible damage to

the environment wherever practicable; and (b) an assessment of the risk-weighted consequences of various

options. Principle of intergenerational equity The present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations. Principle of conservation of biological diversity and ecological integrity The conservation of biological diversity and ecological integrity should be a fundamental consideration in decision making. Principle of improved valuation, pricing and incentive mechanisms (1) Environmental factors should be included in the valuation of

assets and services. (2) Persons who generate pollution and waste should bear the cost

of containment, avoidance and abatement. (3) Users of goods and services should pay prices based on the full

life cycle costs of providing the goods and services, including costs relating to the use of natural resources and the ultimate disposal of wastes.

(4) Established environmental goals should be pursued in the most cost effective way by establishing incentive structures, including market mechanisms, which enable persons best placed to

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maximise benefits or minimise costs to develop solutions and responses to environmental problems.

Principle of shared responsibility (1) Protection of the environment is a responsibility shared by all

levels of Government and industry, business, communities and the people of Victoria.

(2) Producers of goods and services should produce competitively

priced goods and services that satisfy human needs and improve quality of life while progressively reducing ecological degradation and resource intensity throughout the full life cycle of the goods and services to a level consistent with the sustainability of biodiversity and ecological systems.

Principle of product stewardship Producers and users of goods and services have a shared responsibility with Government to manage the environmental impacts throughout the life cycle of the goods and services, including the ultimate disposal of any wastes. Principle of wastes hierarchy Wastes should be managed in accordance with the following order of preference- (a) avoidance; (b) re-use; (c) re-cycling; (d) recovery of energy;

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(e) treatment; (f) containment; (g) disposal. Principle of integrated environmental management If approaches to managing environmental impacts on one segment of the environment have potential impacts on another segment, the best practicable environmental outcome should be sought. Principle of enforcement Enforcement of environmental requirements should be undertaken for the purpose of- (a) better protecting the environment and its economic and social uses; (b) ensuring that no commercial advantage is obtained by any person who fails to comply with environmental requirements; (c) influencing the attitude and behaviour of persons whose actions may have adverse environmental impacts or who develop, invest in, purchase or use goods and services which may have adverse environmental impacts. Principle of accountability (1) The aspirations of the people of Victoria for environmental quality

should drive environmental improvement.

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(2) Members of the public should therefore be given- (a) access to reliable and relevant information in appropriate

forms to facilitate a good understanding of environmental issues;

(b) opportunities to participate in policy and program

development.

Victoria (Cont’d) Environment Protection (Amendment) Act 2006 (Vic)

The purpose of this Act is to amend the Environment Protection Act 1970 to—

(a) reform the provisions relating to scheduled premises to improve the effectiveness and efficiency of the licensing system;

(b) provide for Environment and Resource Efficiency Plans to facilitate environmental resource use efficiency;

(c) establish the Metropolitan Waste Management Group for the area of metropolitan Melbourne and provide for the creation of the Metropolitan Waste and Resource Recovery Strategic Plan;

(d) provide for the regulation of the provision of plastic bags;

(e) reform the prescribed industrial waste landfill levy;

(f) provide for enforceable undertakings;

(g) improve the operation of the Act.

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Western Australia Environmental Protection Act 1986 (WA)

Object and principles of Act The object of this Act is to protect the environment of the State, having regard to the following principles — 1. The precautionary principle Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. In the application of the precautionary principle, decisions should be guided by —

(a) careful evaluation to avoid, where practicable, serious or irreversible damage to the environment; and (b) an assessment of the risk-weighted consequences of various options. 2. The principle of intergenerational equity The present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations. 3. The principle of the conservation of biological diversity and ecological integrity Conservation of biological diversity and ecological integrity should be a fundamental consideration. 4. Principles relating to improved valuation, pricing and incentive mechanisms

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(1) Environmental factors should be included in the valuation of

assets and services. (2) The polluter pays principle — those who generate pollution and

waste should bear the cost of containment, avoidance or abatement. (3) The users of goods and services should pay prices based on the

full life cycle costs of providing goods and services, including the use of natural resources and assets and the ultimate disposal of any wastes.

(4) Environmental goals, having been established, should be pursued in the most cost effective way, by establishing incentive structures, including market mechanisms, which enable those best placed to maximise benefits and/or minimise costs to develop their own solutions and responses to environmental problems.

5. The principle of waste minimisation All reasonable and practicable measures should be taken to minimise the generation of waste and its discharge into the environment.

NEW ZEALAND

Resource Management Act 1991

Purpose (1) The purpose of this Act is to promote the sustainable management of

natural and physical resources. (2) In this Act, sustainable management means managing the use,

development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural well-being and for their health and safety while—

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(a) sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and

(b) safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and

(c) avoiding, remedying, or mitigating any adverse effects of activities on the environment.

Matters of national importance

In achieving the purpose of this Act, all persons exercising functions

and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance:

(a) the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development:

(b) the protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development:

(c) the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna:

(d) the maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers:

(e) the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga:

(f) the protection of historic heritage from inappropriate subdivision, use, and development:

(g) the protection of protected customary rights.

Other matters

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In achieving the purpose of this Act, all persons exercising functions

and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to—

(a) kaitiakitanga: (aa) the ethic of stewardship: (b) the efficient use and development of natural and physical

resources: (ba) the efficiency of the end use of energy: (c) the maintenance and enhancement of amenity values: (d) intrinsic values of ecosystems: (e) [Repealed] (f) maintenance and enhancement of the quality of the

environment: (g) any finite characteristics of natural and physical resources: (h) the protection of the habitat of trout and salmon: (i) the effects of climate change: (j) the benefits to be derived from the use and development of

renewable energy.

Treaty of Waitangi

In achieving the purpose of this Act, all persons exercising functions

and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).

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New Zealand (Cont’d)

Local Government Act 2002

Purpose The purpose of this Act is to provide for democratic and effective local government that recognises the diversity of New Zealand communities; and, to that end, this Act—

(a) states the purpose of local government; and (b) provides a framework and powers for local authorities to decide

which activities they undertake and the manner in which they will undertake them; and

(c) promotes the accountability of local authorities to their communities; and

(d) provides for local authorities to play a broad role in promoting the social, economic, environmental, and cultural well-being of their communities, taking a sustainable development approach.

SINGAPORE

Environment Protection & Management Act 2008

Purpose To provide for the protection and management of the environment and resource conservation. The Act contains a number of regulations related to environmental emissions.