Compliance and enforcement

Remedial notices and directions


On this page:

You can find remedial notices, including post closure pollution abatement notices (PC PANs) on the EPA Interaction Portal:

Search for a remedial notice


Search for a PC PAN


Note that the remedial notices on the Portal have all been issued since EPA’s Compliance and Enforcement Policy (publication 1388) came into effect on 1 July 2011.

Overview

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 cleanup, 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 punitive measures like EPA sanctioning tools (such as a licence suspension or prosecution).

EPA published a Remedial notices policy (publication 1418) 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. It defines what remedial notices are, why EPA uses them and when they are applied.

Notice recipients have certain review and amendment options, depending on the type of remedial notice that they have been served.

Pollution abatement notices and clean up notices can be reviewed if the notice recipient believes it was issued to the wrong recipient, the compliance requirement is unreasonable or the compliance timeframe is unreasonable.

Pollution abatement notices, minor works pollution abatement notices and clean up notices can be amended, allowing the compliance dates to be extended or the requirements to be amended or revoked.

There are no review or amendment rights for directions.

Pollution abatement notices

Pollution abatement notices are issued under section 31A of the Environment Protection Act 1970 (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.

If found guilty of contravening a requirement of a pollution abatement notice, the notice recipient may be ordered by a court to pay a fine of up to 2400 penalty units and an additional penalty of up to 1200 penalty units for each day the offence continues.

See Fees and penalties for the current value of fee and penalty units.

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 onsite processes and practices in urgent situations.

If found guilty of contravening a requirement of a minor works pollution abatement notice, the notice recipient may be ordered by a court to pay a fine of up to 300 penalty units and an additional penalty of up to 50 penalty units for each day the offence continues.

Post closure pollution abatement notices (PC PANs)

For more information about these types of PANs, see our page on closed landfills.

The EPA Interaction Portal shows all active PC PANs.

See Fees and penalties for the current value of fee and penalty units.

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 cleanup activities
  • ongoing management of pollution
  • altered handling, storage or location of industrial or prescribed industrial waste.

If found guilty of contravening a requirement of a clean up notice, the notice recipient may be ordered by a court to pay a fine of up to 2400 penalty units.

See Fees and penalties for the current value of fee and penalty units.

Directions

Directions are issued under section 62B of the Environment Protection Act 1970 (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. Directions can be verbal or written, and must be followed immediately.

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.

Failing to comply with a direction is a criminal offence and it attracts a substantial fine. In 2015–16 non-compliance with a direction could result in a maximum court penalty of up to 2400 penalty units. See Fees and penalties for the current value of fee and penalty units.

There is no right to request a review of a direction. However, if someone who did not cause or permit the incident to occur is issued a direction, EPA must reimburse the costs incurred from following that direction. EPA can in turn recover costs from a person who is responsible for the incident.

Page last updated on 1 Jul 2016