Subordinate legislation is the group of tools that will support the amended Environment Protection Act 2017 (the Act) when it comes into effect. These tools include Regulations to support the Act and the Environmental Reference Standards (ERS).

EPA and DELWP worked together to develop the proposed final Regulations and ERS in consultation with community, government and industry stakeholders.

New legislation to commence 1 July 2021

The Governor in Council has proclaimed the new EP Act will commence on 1 July 2021.

The formal process for making the subordinate legislation – the Environment Protection Regulations and Environment Reference Standard – will now proceed. When they are made as legislation the final Regulations and ERS will be published. Until then we encourage you to continue to use the proposed final versions provided here to prepare for the new laws.

What has been published

Proposed final Environment Protection Regulations and supporting materials

The proposed final Regulations support the new environmental protection legislation by providing clarity and further detail for duty holders on how to fulfil their obligations. To support you to prepare for the commencement of the Act the following documents have been published:

Five EPA publications that will be incorporated in the Regulations when they are made and support their operation:

Proposed final Environment Reference Standard (ERS)

The proposed final ERS sets out the uses of the environment that Victorians value, and the indicators and objectives needed to support them. It provides a foundation for environmental monitoring and reporting. The proposed final ERS contains values, indicators and objectives for ambient air, water, ambient sound and land environments.

The Response to public comment report

To help understand how consultation shaped the proposed final Regulations and ERS, the Government has also released a report on the results of consultation.

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Summary of Regulations

Reviewed 16 March 2021