Procedure: Legal and Other Requirements
Revision: 0 / Issue Date: 30-11-01 / Page 1 of 2 (plus Reference Page)
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/ACTION
/FURTHER INFORMATION
/RESPONSIBILITY
/ BY WHEN /NPWS / Perisher Blue /
Lodges
/ Commercial Operators / Utility Providers / EMS Committee /1 / Each stakeholder to conduct initial legal and other requirements review for the organisation with respect to its operations within the Perisher region / The review should be focused on environmental requirements, rather than commercial legal responsibilities, health and safety requirements, or similar, except where such requirements have a potential to cause environmental impact.
An initial legal review is included in the Initial Environmental Review Report for information.
The review should consider:
- Requirements stipulated in legislation, including regulatory requirements, codes of practice and industry standards
- Requirements stipulated in corporate standards
- Requirements of the Kosciuszko National Park Plan of Management
- Requirements of the Perisher Range Resorts Environmental Policy, such best practice standards for sustainable tourism
The Lodge Workbook provides guidance on how this requirement applies to commercial and club lodges. / X / X / X / X / X / As soon as practicable and within four months
2 / Compile stakeholder specific Register of Legal and Other Requirements / Develop register based on the Review conducted in Step 1
Recommend using the Register of Legal and Other Requirements Form / X / X / X / X / X / As soon as practicable and within four months
3 / Each stakeholder to provide NPWS with a copy of Register of Legal and Other Requirements / X / X / X / X / Upon initial compilation and following each review.
4 / Provide NPWS register to stakeholders for their information / The provision of the register to stakeholders does not constitute formal legal advice. It is recommended that all stakeholder groups seek independent legal advice regarding their environmental obligations. / X / Upon initial completions then annually (and following NPWS review of Register)
5 / Apply for and maintain (renew) any permits and licences required. / The organisation shall ensure that all permits and licences are current, and that applications for renewal are processed prior to the expiry date. The organisation shall also ensure that permits and licences reflect current conditions at the facility. For example, Dangerous Goods Licences may need to be updated following change in the volume of fuel or chemicals stored at the facility. / X / X / X / X / X / As required
6 / Comply with all legal and other requirements / X / X / X / X / X / On going
7 / Monitor organisations compliance with legal and other requirements / Monitor that compliance with legal and other requirements is being achieved, and maintain records that demonstrate that compliance is being achieved.
Examples of records which may help an organisation demonstrate compliance include:
- results of environmental audits conducted by an external party
- records of site inspections (eg using a checklist to assess requirements such as chemical storage)
- results of environmental sampling / X / X / X / X / X / As detailed for each requirement
8 / Comply with Procedure - Nonconformance and Action when any actual or potential legal non compliance is identified / A Corrective Action Request (CAR) must be lodged if any actual or potential legal (or other) non compliance is identified.
In response to the noncompliance the organisation may do one or more of the following activities (depending on the nature of the non compliance):
- Develop / review operational control procedures (as per Procedure – Operational Control)
- Reassess training requirements and conduct training (as per Procedure – Training)
- Develop / review objectives and targets (as per Procedure – Objectives and Targets)
- Develop / review Environmental Management Programs (as per Procedure – Objectives and Targets) / X / X / X / X / X / As required
9 / Review Register and update as required / This may be achieved by subscribing to appropriate legal literature, accessing legal information via the internet, or using in-house legal advisers or external consultants.
The review should encompass changes to any legislation, plans of management lease conditions, etc, as well as identifying any permits or licences which will expire.
To ensure compliance with prospective legislation develop / review operational control procedures (as per Procedure – Operational Control), reassess training requirements (as per Procedure – Training) and/or develop / review objectives and targets and set environmental management programs (as per Procedure – Objectives and Targets).
Records of review are essential documents. / X / X / X / X / X / At least annually and when legislation changes
10 / Maintain records in accordance with Procedure - Document Control and Records Management / X / X / X / X / X / Ongoing
This document is UNCONTROLLED when printed
Perisher Range Resorts ENVIRONMENTAL MANAGEMENT SYSTEMProcedure: Legal and Other Requirements
Revision: 0 / Issue Date: 24-07-02 / Reference Page
PURPOSE
To ensure that all stakeholders are aware of their legal obligations and that these requirements are incorporated into the stakeholders operations in the Perisher Range Resorts.
This procedure should be applied both holistically across the Perisher Range Resorts and to the specific operations of each stakeholder group.
SCOPE
This procedure applies to activities which NPWS and the stakeholder groups can be held responsible for at the Perisher Range Resorts, and includes:
- Requirements stipulated in legislation, including regulatory requirements, codes of practice and industry standards
- Requirements stipulated in corporate standards
- Requirements of the Kosciuszko National Park Plan of Management
- Requirements of the Perisher Range Resorts Environmental Policy, and best practice standards for sustainable tourism
In addition, this procedure also covers the maintenance and review of holistic Perisher Range Resorts and stakeholder specific registers of legal and other requirements, to facilitate keeping track of requirements.
DOCUMENTATION PRODUCED FROM THIS PROCEDURE
This Procedure generates the following documents:
- NPWS and stakeholder specific Legal and Other Requirements Registers.
RELATED PROCEDURES AND FORMS
- Procedure – Document Control and Records Management
- Procedure – Nonconformance and Action
- Procedure – Operational Control
- Procedure – Objectives and Targets
- Procedure – Training
- Form – Register of Legal and Other Requirements
RECORDS OF REVISIONS
Description of changes / Pages / Authorised by (signature) / DateRevision 0 / 2
(plus this page)
This document is UNCONTROLLED when printed