Third parties such as lessors, lenders, investors and
franchisors could now be exposed to liability for the actions of
related companies operating under the Environmental Protection
Act 1994 (Qld) (EP Act). Amendments to the EP Act have widened
the scope of persons who may be liable for compliance with an
environmental protection order (EPO), a statutory enforcement tool
which can be issued by the Department of Environment and Heritage
Protection (DEHP) to require a person to undertake specific
actions, such as the clean-up and rehabilitation of land, within
specific timeframes.
The amendments, made by the Environmental Protection (Chain
of Responsibility) Amendment Act 2016 (Qld), which commenced
on 27 April 2016, were intended to facilitate enhanced
environmental protection of sites operated by companies in
financial difficulty and avoid the State bearing the costs for
their management and rehabilitation, said to be a "looming
major problem" posed by the downturn
