First environmental undertakings under Act
EPA recently negotiated two Enforceable Undertakings as an alternative to court proceedings under the Environment Protection Act 1970.
Enforceable Undertakings are a new tool that enables efficient resolution of environmental issues without the need for time-consuming court proceedings.
Following a sewage spill of approximately 40,000 litres at South East Water Ltd’s Mt Martha premises in September 2008, the company has committed to a raft of undertakings designed to improve the company’s environmental performance, deliver benefits to the affected community the spill occurred in, and lift the performance of the water industry more broadly through sharing information obtained as part of the Undertaking.
John Merritt said South East Water has entered into a binding agreement outlining a series of very prescriptive things the company must do in set time frames as an alternative to court prosecution.
“In total there are nine separate undertakings the company must fulfill,” he said.
“The cost for South East Water to comply is around $330,000, so it’s not as simple as choosing an alternative to court – there is certainly a cost attached but rather than lining the lawyers’ pockets the money will be spent on better environmental outcomes.”
South East Water has until the end of 2012 to implement the Undertaking.
Swinburne University will reap the rewards of the Enforceable Undertaking negotiated for an oil leak by shipping company Boskalis.
The undertaking followed an incident in 2008 involving a spill of hydraulic oil from the Queen of the Netherlands (operated by Boskalis Westminster Shipping BV) which was conducting dredging operations at the southern end of the Great Ship Channel.
The company has committed to a number of actions designed to improve the company’s environmental performance and will ultimately see it provide $75,000 to Swinburne University to sponsor a PhD project on investigation and monitoring of turbidity in coastal areas of Victoria.
Furthermore, Boskalis will also provide additional environmental training of the master and crew on its ships and equipment working in Victoria and fund a Swinburne University course on dredging and its environmental impacts. The company has until 2014 to complete the required actions.
Mr Merritt said both companies must also engage an EPA-appointed auditor to examine the content of the undertaking, and provide written assurance that it has satisfactorily completed and delivered the intended outcomes of each undertaking.
Failure to comply with the Undertakings may result in EPA seeking to enforce them in the Magistrates’ Court.