Are you complying with environmental law?

MTA NSW’s environmental manager, Sarah Walton, takes a look at what legislative requirements are necessary for panel shops to achieve a Greenstamp.

To protect the environment, businesses in NSW and the ACT must comply with various laws aimed at protecting the environment by encouraging recycling, reducing noise and air pollution and prevent pollution of waterways and land.

The main legislation that covers environmental management in NSW is the Protection of the Environment Operations Act 1997 NSW (POEO Act). The Waste Avoidance and Resource and Recovery Act NSW 2001 also addresses waste pollution. This legislation makes it clear that the potential to pollute is illegal.

The legislation that covers environmental management in the ACT is the Environment Protection Act ACT 1997 and the Environment Protection Regulation 2005.

Legal responsibilites:

Water pollution
POEO Act – Section 120 EP Regulation – Division 4.2

Under the Act water pollution is introducing litter, sediment, oil, grease, wash water, debris or flammable liquids into waterways. It also includes leaving the above materials in places where they can be washed or find a way into waterways.

It is against the law to directly pollute, cause pollution or permit pollution of waters.
To prevent water pollution, businesses need to take active steps to ensure that all handling, storage and disposal of chemicals and wastes is carried out in ways that minimise the risk to the environment.

CONSIDER: Bunding, waste-water disposal, liquid waste disposal, spill management, positions of storm water drains.

Air pollution

POEO Act – Sections 124-126, 129 EPA Act – Part 15

Under the Act air pollution is releasing impurities into the air such as odours, dust, fumes and solid particles.
To prevent air pollution, businesses need to ensure that correct equipment is installed or used in the workshop to contain impurities. In addition, this equipment needs to be responsibly maintained as per the manufacturer’s recommendations to ensure efficient operations.
CONSIDER: Spray booth equipment, spray gun cleaning stations, dust vacuum sanders, high volume low pressure spray guns, storing all liquids in sealed containers, correct air conditioning licenses and refrigerant disposal procedures.

Land pollution
POEO Act – Sections 116, 142
EPA Act – Part 15

Under the Act land pollution is dumping or letting substances leak to land which harms or has the potential to harm the environment.

To prevent land pollution, automotive businesses need to make sure that all liquids are kept undercover in bunded areas on sealed ground. Correct disposal of waste (both solid and liquid) must also occur.

CONSIDER: Bunding, waste disposal, spill management, conducting all repair, painting and servicing inside the workshop.

Noise pollution

POEO Act – Sections 139-140 EP Regulation – Division 3.4

Authorities can direct businesses to reduce or stop a certain noise if it is deemed “offensive”. Offensive noises are characterised by volume, nature, quality and the time it is being made. Noise from a business must not interfere with people outside of the premises.

One way that an “offensive” noise can be generated is by failing to maintain equipment, leading to a noisy malfunction.

To prevent noise pollution, all equipment needs to be responsibly maintained as per the manufacturer’s recommendations to ensure efficient operations. In addition, consideration needs to be taken of neighbours when purchasing and using equipment.

CONSIDER: Equipment maintenance, equipment upgrades, business opening hours, positioning of equipment.

Waste disposal
POEO Act – Section 115 EP Regulation – Division 7.3

Under the Act waste cannot be permitted to leak or be dumped on land or in water which harms or has the potential to harm the environment.

To prevent improper waste disposal, businesses should aim to recycle or reuse as many materials as possible. Where recycling is not possible, businesses should dispose of all wastes properly.

CONSIDER: Waste disposal, trackable wastes, storage, recycling equipment, recycling contractors.