A better environment plan (BEP) is:
- a plan of action agreed between us and voluntary participants
- a flexible and innovative way to comply – or exceed compliance – with your duties under the Environment Protection Act 2017(opens in a new window).
A BEP is not an alternative to meeting your duties under the Act.
Consider a BEP if you want to:
- invest with certainty in a new and innovative way to comply with your obligations under the Act
- exceed compliance and show industry leadership and best practice
- work with others to address a shared and complex environmental issue, including across multiple sites.
To learn about your duties under the Act, visit Know your duties.
When a BEP is suitable
A BEP can help define shared responsibilities and different roles. It is suitable if you're:
- working with other businesses to collectively address environmental problems, such as dust or waste
- cleaning up multiple contaminated sites owned by different parties, where collaboration is beneficial
- trialling an innovative approach with the potential for industry-wide replication.
For examples of situations where a BEP is suitable, see our Better environment plans guideline.
When a BEP may not be suitable
There are circumstances where a BEP may not be suitable.
You want to use the BEP to avoid meeting your existing duties and obligations
You should comply with the relevant duty in the Act before submitting a BEP proposal. A BEP is generally not a plan to work towards compliance. The BEP must be about using innovation to comply – or exceed compliance – with the requirements in the Act.
Conviction(s) for indictable offences exist
A BEP is not suitable when you or one of the other parties in the BEP proposal have been convicted of an indictable (criminal) offence within the past 10 years – for example, offences under environment protection or occupational health and safety laws in any Australian jurisdiction. We do not consider any spent convictions within the meaning of the Spent Convictions Act 2021.
Not all key duty holders are participating
Where there is a collective risk all parties are required to solve the environmental issue should participate in the BEP.
When key parties are not involved, there is less chance that the BEP will achieve the desired environmental outcome. To approve the BEP, we need to be satisfied that the proposed plan will deliver its objectives.
You do not want to share information about innovation
If your innovation under a BEP is successful, we expect you to share the details with the public. We want innovative approaches to be replicated to bring industry-wide improvements.
You're not required to disclose commercial-in-confidence information.
How we assess BEP proposals
Under the Act, we cannot approve a BEP if:
- it will not develop innovative ways to comply with the Act or exceed compliance
- it will not facilitate voluntary collaboration between us and those who have to comply with the Act
- the proposed plan is not likely to deliver the BEP's objectives.
When these requirements are met, we assess a BEP proposal against our guiding principles. See our Better environment plans guideline.
We can approve a BEP with any conditions we think are appropriate – for example:
- reporting frequency
- engagement of suitable experts to verify statements or reports
- consultation intervals
- communication of results with industry peers.
Guiding principles
When considering BEP proposals, we are guided by these principles.
Beyond regulatory tools
We consider whether the outcomes proposed by the BEP can be achieved another way – for example, by a remedial notice or permission.
Authentic agreement
We expect that:
- you're authentic in seeking a voluntary agreement of this nature
- the commitments proposed through the BEP will be delivered.
When assessing your authenticity, we look at your compliance history. This excludes spent convictions within the meaning of the Spent Convictions Act 2021.
Lifts standards
Your BEP proposal should demonstrate the potential to lift environmental performance across industry. We consider whether:
- your BEP is replicable by industry peers
- you have a communication plan to share relevant details with peers.
Engagement of those affected
Your BEP should demonstrate that impacted communities were appropriately engaged – for example, Traditional Owners, local communities, local industry, and local and state government. The actions in the BEP should reflect the engagement outcomes.
We expect that you continue to consult with affected parties throughout implementation of the BEP.
Clear and measurable
We expect that the actions in your BEP are clear, measurable and time bound so that we can assess your compliance.
Reporting
We consider how your proposal outlines that you will report on:
- implementation and completion of your commitments
- the outcomes you achieve.
Other legislative requirements
We:
- consider any applicable statutory requirements and/or frameworks
- have regard to principles of environment protection.
This includes the Charter of Human Rights and Responsibilities Act 2006 and the Aboriginal Heritage Act 2006. It also includes the Environment Reference Standard.
Information to include in your BEP
Your BEP should:
- clearly articulate the relevant duty or obligation of the Act that it is addressing
- commit you to actions that are clear and time bound, so their delivery is monitored
- suit your specific circumstances
- contain information about anyone affected and whether they were consulted or will be consulted
- address key stakeholder issues
- adapt to stakeholder concerns and issues as it is implemented.
Mandatory information
For us to assess a BEP, your submission must include:
- the objectives of the BEP
- the risk of harm to human health or the environment that the proposed BEP addresses
- the participants
- anyone who's likely to be affected and whether they have been consulted or will be consulted
- what actions or responsibilities each participant must undertake
- a timeline for participants to undertake actions
- reporting requirements for each participant under the proposed plan
- the time period the proposed plan will be in force.
Other important information
We encourage you to include the following information, as appropriate to your circumstances:
- how you (and any other duty holders) are currently meeting the relevant duties and obligations under the Act
- how this BEP will go beyond compliance or uses innovation to deliver compliance
- the existing use of the site and existing operations, including facility, process and production rate
- relevant history of the issue that the BEP will address – for example compliance, community concerns and investments
- relevant policy and guidance from us or other recognised best-practice guidance
- a stakeholder engagement plan
- a communication plan describing how you intend to share learnings from the BEP with industry peers.
If relevant, you should get an independent review by a suitably qualified professional of:
- your proposed risk management methods, discussing both the scientific basis and your prioritisation methods
- your BEP's performance.
If you include a review, state the reviewer's name, qualifications and experience.
Our Better environment plans guideline explains the statutory and administrative requirements of a BEP. It also sets out the guiding principles and criteria we use to assess BEP proposals.
Fees
To see a list of current fees and how they're calculated, visit Fees.
How to submit your BEP proposal
Take these steps to prepare and submit your BEP proposal.
1. Contact us for advice
Contact us as early as possible. We can:
- advise you if a BEP is appropriate for your circumstances
- guide and support you throughout the process
- explain the level of detail required for individual sections.
A fee may apply.
2. Complete the Scope of BEP form
Complete the Scope of BEP form.
3. Draft your proposal using our BEP template
Use our Better environment plan – submission template to draft your BEP proposal.
Use our Proposed BEP checklist to check your proposal meets all the information requirements.
4. Submit your proposal
Submit your proposal through our portal(opens in a new window). This should include:
We contact you to let you know what happens next.
Amend your BEP
You can apply to amend your BEP through our portal(opens in a new window).
We can also initiate an amendment or revoke a BEP.
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