While theoretically the net cast by chain of
responsibility laws is extremely wide, entities can reduce their
risk profile by having in place systems and clear
documentation.
On 27 January 2017, the Queensland Government approved by
regulation the statutory guideline (the Guideline) for the
"chain of responsibility" laws under the Environmental
Protection Act 1994. The Guideline aims to provide more certainty
in the decision-making process for issuing an environmental
protection order (EPO) to a "related
person".
A "related person" can be liable for
environmental compliance
Early in 2016, the Act was amended to allow the chief executive
to issue an EPO to a "related person". The objective of
the amendments was to facilitate enhanced environmental protection
for sites operated by companies in financial difficulty and avoid
the State bearing the costs for managing and rehabilitating sites
in financial difficulty. The amendments allow the State to issue an
EPO to
