EPA Climate Change Policy and Action Plan

Environmental Protection Licence holders across a broad range of activities and several sectors will be required to make fair and reasonable greenhouse gas emission reductions.

Section 9(1)(a) of the Protection of the Environment Administration Act 1991 requires the NSW Environment Protection Authority (EPA) to “develop environmental quality objectives, guidelines and policies to ensure environment protection”.

The NSW Land and Environment Court found in Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority [2021] NSWLEC 92 that this statutory duty extended to protecting the environment from climate change.

In response to the Courts findings the EPA has produced the draft Climate Change Policy and Climate Change Action Plan that adopts, supports and builds on the NSW Government’s Climate Change Policy Framework, Net Zero Plan and Climate Change Adaptation Strategy.

The EPA will expect all Environmental Protection Licence licensees to understand and reduce their greenhouse gas emissions including the implementation of climate change mitigation and adaptation plans (CCMAPs) and the updating of Pollution Incident Response Management Plans (PIRMPs) to consider climate-related risks. The EPA is currently working on guidelines.

The EPA has adopted the following four stage implementation strategy for the draft Climate Change Policy and Climate Change Action Plan:

1. Open for feedback – EPA sought feedback on the draft Climate Change Policy and Action Plan until 5pm Thursday 3 November 2022
2. Feedback review – After 3 November 2022 feedback on the draft Climate Change Policy and Action Plan will be reviewed
3. Consultation report – A report on the consultation outcomes will be released to the public
4. Adoption of the policy and action plan – The EPA is aiming to adopt the policy and action plan by the end of 2022

EPS Planning and Law team will be tracking and reporting on the progress of the draft Climate Change Policy and Climate Change Action Plan.

Visit the EPA website for more information on the draft documents: https://yoursay.epa.nsw.gov.au/climate-change-policy-and-action-plan

Please reach out to the EPS Planning and Law team if you have any questions on what these changes mean for your development.