Contractor wedged between contract and Environment Protection Act 1993

 
EP Article

A recent decision[1] of the Supreme Court highlights the need to align contractual obligations, statutory obligations and technical drawings, specifications and plans incorporated into works contracts. The case was described ominously by the Court as “a salutary tale for developers, engineers, and civil works contractors of a series of unfortunate events, compounded by an industry […]

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Changes to EPA Site Contamination Frameworks and Policy Document

 
Site Contamination

In December 2022, the Environment Protection Authority updated the following site contamination frameworks and policy document: Site contamination – Regulatory framework Site contamination – Orphaned site contamination management framework Site contamination policy – Certification of practitioners The site contamination frameworks supersede the Regulatory and Orphan Site Management Framework (2017). The frameworks distinguish between the regulation […]

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New EPA Noise Policy

 
Noise pollution

The EPA’s new noise policy is now open for consultation On 22 September 2022, the Environment Protection Authority (EPA) released a draft Environment Protection (Commercial and Industrial Noise) Policy 2022 and associated draft Indicative noise level guidelines for consultation. The new policy will replace the EPA’s existing Environment Protection (Noise) Policy 2007. Broadly, while the […]

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Landmark nuisance case against Wind Farm creates uncertainty and risk for renewable energy operators and projects operating with emission limits

 
Wind Turbines

A recent decision of the Victorian Supreme Court, which found the Bald Hills Wind Farm liable in noise nuisance, has a number of implications for renewable energy operators and other major projects operating with emissions limitations and facing community opposition. The decision in Uren v Bald Hills Wind Farm Pty Ltd [2022] VSC (Uren), is […]

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