Our readers may have already read our "Doing Business in Australia" series of articles posted before. Recently quite a few relevant facts and policies have been updated. Hence we have produced a new version. You will be able to receive the updated articles about "Doing Business in Australia" in the coming weeks.
Environmental Law
Industry and development in Australia is controlled by a framework of environment and planning legislation. These laws undergo regular change as the law attempts to respond to the changing natural and business environments.
When planning to carry out business activities or development in Australia, environment and land use controls should be considered up front, as the cost and time required to achieve compliance can significantly impact the delivery and ultimately the viability of a project.
Federal Laws
The federal environmental laws are implemented to give effect to international treaties or other areas where the federal parliament has power to make laws. Federal involvement may occur where development is carried out on land owned by the federal government or where the development might impact on a matter of national environmental significance.
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is the key piece of federal legislation that seeks to ensure environmental protection and natural resource management. Other federal legislation may apply such as maritime laws or laws that regulate the export of certain hazardous wastes.
State and Territory Laws
Planning Laws
Land use approvals may be required under planning legislation in the states and territories. This legislation controls what type of development requires approval and from which public authority the approval must be obtained. Whether planning approval will be granted depends on the nature of the business proposed, the land zoning and the potential environmental impacts of the business.
The assessment process for planning approvals varies between the states and territories and almost always involves public participation. The public generally have a right to make submissions on development proposals and in some cases, objections to development proposals and may have rights to appeal a public authority’s determination to the courts. During the environmental assessment process, the public authority that determines the application may conduct inquiries or public hearings.
Planning approvals can be given by local government authorities, state government authorities or independent panels. Most development approvals will be given subject to conditions that regulate how the development is carried out and seeks to manage its impacts. Approval conditions can require development contributions, which may include financial contributions, the dedication of land or provision of environmental offsets. Approvals may also require environmental management plans to be drafted and implemented for the life of the development.
Environmental Laws
Generally, environmental laws seek to regulate and manage the impact of development and industry on the environment. In addition to planning approval, some development will require approvals or licences from public authorities that regulate environmental matters including pollution, waste and biodiversity. Environmental approvals generally seek to assess and manage environmental impacts. Where appropriate, an environmental approval will be subject to conditions that allow the activity to operate in a way that manages its environmental impacts within acceptable limits. For example, limits may be placed on the discharge of waste water or the level of noise that can be emitted from premises.
Most states and territories have a specialist statutory authority with responsibility to protect the environment. That authority will decide applications for environmental approvals and is also empowered to undertake investigations into alleged environmental offences or pollution incidents. Enforcement action that may include fines and in some cases prosecution may be taken by the responsible authority.
Other legislation may regulate the impact of development on threatened species or habitat, heritage, water management, waste, hazardous or dangerous goods or the marine environment. Approvals or permits may be required under this legislation in addition to approvals that may be required under planning or other environmental legislation.
State and territory legislation may also regulate contaminated land. Regulation ordinarily places the responsibility to remediate contaminate land on the person who caused the contamination. In some cases, another person such as the landowner will be responsible to remediate the land. Understanding whether land is contaminated and to what level will be important given the financial obligations that may be incurred in any remediation activities.
Due Diligence
Early planning and environmental due diligence will assist decision makers who may be acquiring land or setting up a business in Australia. A due diligence report will arm decision makers with information on the state of the land, the likely approvals that may be required to establish a business or what approvals presently apply to the business being purchased. Identifying existing approvals or approvals that may be required to lawfully establish the business helps to assess the risks and responsibilities of carrying on the business. A due diligence report will also assist in understanding the cost and timing of the approval processes before entering any development or other agreements for the project.
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To view our previous news for Chinese investors and various articles in relation with the topic ‘Doing business in Australia’, please click the button on the upper-right hand corner on our WeChat platform, and choose ‘view history’. The contents include:
Business set up in Australia, business structures,company administration, etc.
Background information of Australia, including Australian government, legal system, and business structures, etc.
Laws and regulations in various common areas, including protection of technology and intellectual property, anti-trust and consumer law, contract law, business migration, real property, public takeovers, and electronic commerce etc.
