How new laws will make it easy to shut down community events
The Environment Protection Bill 2018 currently before parliament will allow any ‘eligible person’ to seek a court order shutting any activity down which creates the risk of pollution or waste being discharged into the environment, even if the activity hasn’t yet happened. This is described in section 309 of the bill.
The definition of pollution, as proposed in the bill, is significantly different from the current definition used. The proposed definition is that pollution is a solid, gas, liquid, heat or noise. Noise is further defined as including any sound or vibration.
The introductory speech said the bill “casts a positive obligation on duty holders to proactively minimise risks of harm to human health and the environment from pollution.”
Click here to see the bill | Click here to see the explanatory memorandum
Anyone who thinks they are affected can apply for an order
So who can apply for an order? Section 308 of the bill defines who is an ‘eligible person’ who can apply for an order, as being any person “whose interests are affected” by a contravention of the general duty.
In other words, anyone who says they are affected can apply for an order.
The effect of the bill is to make it easy for such a person to shut down the activity they are complaining about, simply because of the risk that pollution might occur. For example, they could apply to shut down the opening of duck season, on the basis that there is a risk that wads and steel shot will be discharged.
The new laws could equally apply to the timber industry, the running of battery chicken farms, motocross – any activity which creates any form of pollution under the new definition.
A temporary fix can create permanent problems
While there is a public interest test which needs to be satisfied before an order is granted, the bill also allows the person to seek an interim order (s310) ex parte. This means the temporary order can be sought without the person engaging in the activity being present, or having to demonstrate public interest.
It would allow protesters to ambush any activity they don’t like, simply by taking out an interim order a day or so before the activity occurs.
These laws are clearly dangerous and need to be rejected, for the benefit of thousands of local communities.
Massive penalties
The new laws also carry fines of up to $1.6m and allow for cost orders to be made against the person engaging in the activity.
The laws come up for debate in the lower house this week. We’ll be watching with interest to see who has figured out this is a pre-election effort to appease the Greens.