Pollution abatement notices
Under section 31A of the Environment Protection Act 1970, EPA may serve a pollution abatement notice on the occupier of premises to control the activities on those premises in order to stop or prevent pollution or unreasonable noise from occurring.
This page has answers to these questions:
Under what circumstances would a pollution abatement notice be served?
What does a pollution abatement notice require?
Is there right of appeal against a pollution abatement notice?
Can a notice be altered?
What is a minor works pollution abatement notice?
What are the penalties?
Under what circumstances would a pollution abatement notice be served?
Under the Act, there are several circumstances where a pollution abatement notice may be issued by EPA. These exist when a process or activity being carried on or proposed to be carried on at any premises or the use of or proposed use of any premises:
- has caused or is likely to cause pollution (including unreasonable noise)
- has caused or is likely to cause a failure to comply with:
- any standard prescribed by the regulations or
- any order declaring policy or
- any requirements contained in any policy or
- any condition in any licence for permit or
- any neighbourhood environment improvement plan (NEIP) prepared as a result of a directed proposal.
- has created or is likely to create an environmental hazard, or
- is subject to an Order in Council made under section 31C
- is causing, or is likely to cause, an emission of noise that the Authority considers is, or is likely to be, unreasonable in the circumstances.
What does a pollution abatement notice require?
The Act describes requirements that may be included in a notice. In cases where a State environment protection policy (SEPP) applies, a notice will require compliance with the policy.
The notice may require that the process, activity or use being carried on either cease or that it be modified in the manner specified. For example, the notice may require that a discharge of wastewater to the environment cease.
In other cases, the notice may specify measures to be taken, operations or activities to be conducted, or require certain apparatus or plant to be operated in a particular way. For example, to reduce noise, a factory could be required to keep all doors and windows shut after 10pm.
Information such as reports and plans showing how the process or activity will be carried on or controlled may be required as could a monitoring program.
In all cases, a time for compliance with the requirements will be specified in the notice. The minimum time a notice can specify is 30 days after the date of service of the notice.
The Act requires that the Authority impose a service fee of $454.00 on people served a pollution abatement notice.
Is there right of appeal against a pollution abatement notice?
A person aggrieved by a requirement in a pollution abatement notice may appeal to the Victorian Civil and Administrative Tribunal (VCAT) within 21 days of the service of the notice. This right of appeal applies to the person who is served with the notice.
Once an appeal is lodged, the notice will not have any force until the tribunal has confirmed or varied the notice.
The tribunal may also revoke a notice.
Can a notice be altered?
EPA may vary or revoke any requirement in a pollution abatement notice at any time. This could occur as a result of a request from the person on whom the notice was served. A right of appeal also exists against any notice of variation.
What is a minor works pollution abatement notice?
EPA may issue a minor works pollution abatement notice when urgent action is required and the cost of compliance with the notice will not exceed $50,000. There is no right of appeal against a minor works notice which can come into effect, if appropriate, on the day it is served. It can contain the same requirements as a pollution abatement notice.
What are the penalties?
Failure to comply with a pollution abatement notice may result in a fine of not more than $264,288 and not more than $132,144 per day for a continuing offence. For failure to comply with a minor works pollution abatement notice the corresponding maximum fines are $33,036 and $5,506 per day.