Environment Protection Amendment Regulation 2021 (No 1) (ACT)

The Environment Protection Amendment Regulation 2021 (No 1) (ACT) was made by the Australian Capital Territory Executive under the Environment Protection Act 1997. The regulation amends the Environment Protection Regulation 2005 to introduce new requirements for the use of certain agricultural and veterinary chemical products in the ACT. The key changes include stricter controls on the storage, use and disposal of agricultural and veterinary chemical products, as well as new training requirements for the use of certain "declared" chemical products that pose higher environmental risks.

The court was required to determine whether the new regulation was validly made under the enabling Act, and whether it was within the powers of the Executive to make such a regulation. The court found that the regulation was within the scope of the enabling Act, which empowers the Executive to make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. The court also found that the new requirements were reasonable and appropriate given the environmental risks posed by some chemical products.

The court therefore upheld the validity of the new Environment Protection Amendment Regulation. The regulation introduces stricter controls on the use of agricultural and veterinary chemical products in the ACT, with new training requirements for certain higher-risk "declared" chemical products. The regulation aims to better protect the environment from the potential harm that can be caused by the inappropriate storage, use or disposal of these chemical products.