Breaches in Environmental Law

What is the definition of environmental damage

• Material injury or damage to people, organisms, or property, or pollution or impairment of the environment from substances, energy, or noise

What types of impacts can constitute environmental damage

• Injury to persons, harm to organisms or property, pollution, and sensory offences (e.g. bad smells, loud noise)

What is considered an environmental crime under Commonwealth law

• Actions significantly impacting nationally significant environmental matters

List the 7 matters of national environmental significance under Commonwealth law

• World Heritage properties

• National Heritage places

• Wetlands of international importance

• Threatened species and ecological communities

• Migratory species

• Commonwealth marine areas

• Nuclear actions (including uranium mining)

What is a common example of an environmental law breach involving water

• Illegal disposal of waste or pollution of waterways

What constitutes a breach in terms of land and vegetation

• Clearing native vegetation without proper permits

What is an example of a breach affecting wildlife

• Harm or destruction of protected species or their habitats

What happens if a company fails to obtain a permit for environmentally harmful activities

• It is considered a breach of environmental law

What is a breach of license conditions

• Failing to follow the rules set in an environmental permit or license

Name at least five Commonwealth Acts that deal with environmental offences in Australia

• Environment Protection and Biodiversity Conservation Act 1999 – protects matters of national environmental significance.

• Protection of Movable Cultural Heritage Act 1986 – controls export of culturally significant items.

• Fuel Quality Standards Act 2000 – regulates fuel quality to reduce pollution.

• Hazardous Waste (Regulation of Exports and Imports) Act 1989 – controls international hazardous waste movement.

• Protection of the Sea (Prevention of Pollution from Ships) Act 1983 – aims to reduce marine pollution from ships.

• Fisheries Management Act 1991 – manages fishery resources sustainably.

• Historic Shipwrecks Act 1976 – protects historic shipwrecks and relics.

• Quarantine Act 1908 – managed biosecurity risks (now mostly replaced by the Biosecurity Act 2015).

Which agencies investigate breaches in environmental law in Australia besides the AFP

• Department of Environment

• Australian Border Force

• Australian Fisheries Management Authority (AFMA)

• Australian Maritime Safety Authority (AMSA)

• Australian Quarantine and Inspection Service (AQIS)

• State Government Agencies

What is the role of the Department of Environment in environmental breach investigations

• It administers most environmental acts, focusing on environmental impacts, cultural significance issues, and import/export of threatened species

What environmental breach was VicForests accused of near Mount Matlock

• Illegally clearing 1,000 m² of protected Leadbeater's possum habitat — the most serious alleged breach

What did the VicForests audit reveal about compliance with environmental laws

• VicForests breached legal requirements in 25 of 30 logging sites; on average, 6% of 169 requirements were breached in each logging coupe

Why won’t many VicForests logging allegations be investigated

• Due to a statute of limitations requiring criminal charges to be laid within three years of the alleged breach

What is Climate Active, and what does it do

• A government-backed program providing carbon neutral certification. It helps businesses reduce greenhouse gas emissions

What issue was raised in the complaint against National Australia Bank (NAB) regarding carbon neutrality

• That NAB’s carbon neutral claims were misleading — key emissions (e.g., investments in fossil fuel projects) were excluded from their emissions boundary

What did Market Forces report about NAB's financed emissions (2016–2020)

• The lifetime emissions from fossil fuel projects funded by NAB could run into the billions of tonnes of CO₂

What is the General Environmental Duty (GED) under Victoria’s Environment Protection Act 2017

• Applies to all Victorians and businesses in Victoria.

• Requires managing activities to reduce risks of harm to human health and the environment from pollution or waste.

What types of penalties can businesses face for breaching the Environment Protection Act 2017

• Financial penalties: Fines or civil penalties ordered by court.

• Non-financial penalties: Licence cancellations, remedial notices, or directions.

How can the public report environmental non-compliance in Australia

• Via the government website:
  https://www.dcceew.gov.au/about/contact/report-environmental-incident

What did Greenpeace Germany find about fast-fashion company Shein’s products

• 15% of tested garments contained hazardous chemicals like phthalates and formaldehyde.

• These chemicals pollute waterways and harm human health; items with high chemical levels cannot be recycled.

What is greenwashing

• Companies making misleading claims to appear environmentally friendly, exploiting consumer demand for eco-friendly products.

Describe the Hyundai UK hydrogen car ad breach

• Claimed the Nexo car "purifies air" and reduces carbon emissions equivalent to planting 60,000 trees if 10,000 cars were used.

• Found misleading because it ignored pollution from tire wear and brake use.

Name some independent environmental advocacy groups in Australia

• Environment Victoria

• Greenpeace

• Nature Conservancy

• Environmental Defence Fund

• Australian Conservation Foundation

These groups monitor environmental conditions and report breaches, funded by donations and volunteers.

What was Environment Victoria’s 2022 legal case about

• Sued the EPA for approving pollution license amendments in La Trobe Valley without greenhouse gas limits.

• Argued this breaches climate duties and fails to address community needs to reduce pollution from coal power stations.

Why did Environment Victoria criticize Victorian pollution laws

• Because they allow power stations to emit pollution at levels illegal in countries like the US and China, ignoring climate change impacts

When was the Adani Carmichael Coal Mine first proposed and why was it controversial

• Proposed in 2010 by the Adani Group (Indian mining company).

• Planned as the world’s biggest coal mine.

• Faced strong opposition from environmental groups due to climate change concerns and damage to the Great Barrier Reef.

What happened in the first legal challenge against the Carmichael mine

• In 2015, Macquarie Group successfully challenged the mine’s approval in Federal Court.

• Environmental Minister Greg Hunt failed to consider conservation advice before approval.

• Minister admitted the error and approval was set aside.

How did the Australian Government respond to the first legal challenge

• Proposed changes to prevent “vigilante litigation” and “lawfare” by “radical green groups.”

• The Minister re-approved the mine under the EPBC Act.

What was the basis of the Australian Conservation Foundation’s (ACF) second legal challenge

• Alleged failure to consider pollution impacts on the Great Barrier Reef (World Heritage listed).

• Case dismissed by Federal Court and dismissed again on appeal.

What did the ACF allege in their third legal challenge

• Minister Melissa Price failed to consider water use triggers under the EPBC Act properly.

• ACF won the judicial review, stalling the project.

What was the fourth legal challenge by the ACF in 2020 about

• Argued that infrastructure impacts were not properly assessed under the EPBC Act’s water trigger.

• Court ordered a review of the proposed actions; the Minister can still approve the project after review.

What is the purpose of judicial review in environmental cases

• To check if decision-makers followed legal procedures correctly.

• Judicial reviews do not assess if the decision is right or wrong on environmental merit.

What objections were raised by Land Services of Coast and Country Inc (LSCC) regarding the mine

• Impact on groundwater and ecosystems (Doongmabulla & Mellaluka Springs Complex).

• Threats to endangered Black-throated Finch.

• Contribution to climate change harming the Great Barrier Reef.

• Economic viability and public interest concerns.

What was the Land Court’s decision on the mine in December 2015

• Recommended granting the mining lease and environmental authority with added conditions to monitor impacts on the Black-throated Finch.

What native land title issues arose with the Carmichael mine

• Wangan and Jagalingou Peoples opposed the mine on native title grounds.

• Legal disputes have been ongoing since 2004 under the Native Title Act 1993.

• Adani was permitted to proceed by the National Native Title Tribunal in 2015; appeals by the Indigenous groups were dismissed.