Remedial notices
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Remedial Notices Policy
A remedial notice is a written statutory direction that requires, by law, that a notice recipient undertake works or activities as detailed in the notice. For example, the direction may be to conduct a clean-up, stop works, install controls, or change a process or activity.
Remedial notices are served to prevent or remedy a range of non-compliances or likely non-compliances. Remedial notices are not punishment measures like EPA sanctioning tools such as a licence suspension, an injunction or a prosecution.
EPA has published its Remedial Notices Policy to ensure that remedial notices served by EPA Victoria are applied consistently, constructively and effectively. The Policy covers pollution abatement notices, minor-works pollution abatement notices and clean-up notices.
The Policy defines:
- What they are
- Why EPA uses them
- When they are applied
Remedial Notices Policy (PDF 241KB)
Directions
Directions are issued under section 62B of the EP Act to immediately stop an activity, address an incident or undertake an activity to prevent imminent danger to life, limb or the environment.
When is a direction used?
A direction may be used when;
- pollutants have been or are being released
- pollution is likely to happen
- industrial waste or potentially hazardous material has been abandoned or dumped
- industrial waste or potentially hazardous material is being handled.
How is a direction issued?
A direction is used to tell a person to carry out actions immediately. These actions will reduce an impact or potential impact to the environment. Directions can be verbal or written and must be done immediately.
Is there right of appeal against a direction?
There is no right to appeal a direction. However, if someone who did not cause the incident is issued a direction they can ask EPA to reimburse costs incurred from following that direction. EPA can in turn recover costs from a person who is responsible for the incident.
What are the penalties for not complying with a direction?
Failing to comply with a direction is a criminal offence and it incurs a heavy fine. In 2011-12 non-compliance with a direction could result in a penalty of up to $293,136. (This is based on a penalty of up to 2,400 penalty units as allowed for in EP Act.)
Pollution abatement notices
Pollution abatement notices are issued under section 31A of EP Act. They aim to prevent further occurrence of pollution or potential environmental risk through installation of risk controls and changes to on-site processes and practices.
Read more about pollution abatement notices in the Remedial Notices Policy (PDF 241KB)
What are the penalties for not complying with a pollution abatement notice?
If found guilty of contravening a requirement of a pollution abatement notice, the notice recipient may be ordered to pay a fine of up to 2400 penalty units (approximately $300,000 in 2011-12) and an additional penalty of up to 1200 penalty units for each day the offence continues (approximately $150,000 a day in 2011-12).
Application to amend pollution abatement notice 
(PDF 265KB)
Service fees
The EP Act currently imposes a legislative requirement that requires EPA to collect administrative service fees when issuing pollution abatement notices and clean-up notices. Where EPA serves multiple notices from a single inspection, multiple service fees apply. In this case, to ensure notice recipients are not unfairly impacted by multiple service fees, recipients can apply to waive all but one fee.
Application to waive additional service fees (PDF 250KB)
Minor works pollution abatement notices
Minor works pollution abatement notices are issued under section 31B of the EP Act. They aim to prevent further occurrence of pollution or potential environmental risk through installation of risk controls and changes to on-site processes and practices in urgent situations.
Read more about minor works pollution abatement notices in the Remedial Notices Policy (PDF 241KB)
What are the penalties for not complying with a minor works pollution abatement notice?
If found guilty of contravening a requirement of a minor works pollution abatement notice, the notice recipient may be ordered to pay a fine of up to 300 penalty units (approximately $40,000 in 2011-12) and an additional penalty of up to 50 penalty units for each day the offence continues (approximately $10,000 a day in 2011-12).
Application to amend minor works pollution abatement notice (PDF 265KB)
Clean-up notices
Clean- up notices are issued under section 62A of the EP Act. They aim to prevent further contamination and impact on beneficial uses through:
- removal of waste
- undertaking clean-up activities
- ongoing management of pollution
- altered handling, storage or location of industrial or prescribed industrial waste.
Read more about clean-up notices in the Remedial Notices Policy (PDF 241KB)
What are the penalties for not complying with a clean- up notice?
If found guilty of contravening a requirement of a clean-up notice, the notice recipient may be ordered to pay a fine of up to 2400 penalty units (approximately $300,000 in 2011-12).
Service fees
The EP Act currently imposes a legislative requirement that requires EPA to collect administrative service fees when issuing pollution abatement notices and clean-up notices. Where EPA serves multiple notices from a single inspection, multiple service fees apply. In this case, to ensure notice recipients are not unfairly impacted by multiple service fees, recipients can apply to waive all but one fee.
Application to waive additional service fees (PDF 250KB)