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ARTICLE · 17 MARCH 2021

Environmental chain of responsibility – do you know your obligations?

Cooper Grace Ward
Cooper Grace Ward
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Reminder of the implications of the environmental chain of responsibility laws in Queensland. How can the risk be mitigated?

AustraliaEnvironment
Leanne O’Neill
Leanne O’Neill
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The amendments to the Environmental Protection Act 1994, which established the environmental chain of responsibility laws in Queensland, have been in place for nearly five years. However, the legislation is continually evolving. This bulletin is a timely reminder of the implications of these laws.

Liability of related persons

The chain of responsibility amendments to the Environmental Protection Act 1994 (Qld) (EPA) were introduced on 27 April 2016. The amendments expanded the State's powers, allowing the Department of Environment and Science (DES) to issue environmental protection orders (EPOs) to hold to account ‘related persons' of a company.

To whom does this apply?

‘Related persons' is broadly defined to cast a wide net and includes any person who has a ‘relevant connection' to a company that is carrying out the relevant activity and has the capacity to influence the extent of the company's environmental compliance. This includes persons that significantly benefit (or

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