Victorian Numbered Regulations

ENVIRONMENT PROTECTION REGULATIONS 2021 (SR NO 47 OF 2021) - REG 168

The prescribed financial assurance risk assessment criteria are the following—

        (a)     the risk or potential risk of harm to human health and the environment associated with the activity, including consideration of the location of the activity;

        (b)     compliance, whether current or historical, with the Act, the Environment Protection Act 1970 (as in force immediately before its repeal), these Regulations and environment protection legislation of the Commonwealth, another State or a Territory by—

              (i)     the person undertaking the activity; and

              (ii)     in the case of a natural person, any body corporate of which the person was an officer; and

              (iii)     in the case of a body corporate, any person who is an officer of the body corporate;

        (c)     whether the person undertaking the activity is a prohibited person under section 88(1) of the Act;

        (d)     the financial capacity of the person undertaking the activity;

        (e)     the likelihood of the person undertaking the activity abandoning the site of the activity, taking into account the ongoing profitability of the activity and the value of the investment in the site;

        (f)     the nature, duration, extent and costs of remediation or clean-up activities that may be required under the Act or these Regulations in connection with the activity.

Note

Officer is defined in section 3(1) of the Act.

Chapter 7—Enforcement