This page relates to EPA’s compliance and enforcement role under the Environment Protection Act 2017, which is intended to come into effect on 1 July 2021. To find out about EPA’s compliance policies and tools under the Environment Protection Act 1970 visit our page about compliance and enforcement under the 1970 Act.
We have statutory powers, functions and duties we can use to prevent harm to the environment and human health. Some of these powers rest with certain roles like authorised officers. Others are granted to EPA's governing board and then delegated.
There are four types of appointments:
- authorised officers
- persons who may take proceedings
- litter enforcement officers
Our authorised officers
Authorised officers make sure government, businesses and individuals comply with the law. They have powers of entry and enquiry, and remedial powers like issuing notices.
We can appoint employees from these organisations as authorised officers:
- local councils
- Victorian public sector organisations
- EPA New South Wales and EPA South Australia, to help with incidents near the Victorian border.
About persons who may take proceedings
‘Persons who may take proceedings’ are EPA staff who specialise in investigations. They have sanctioning powers, including:
- taking court action on behalf of EPA
- issuing infringement notices.
About litter enforcement officers
Litter enforcement officers investigate and take enforcement action for certain litter and waste offences. Bodies with the power to appoint these officers include:
- government departments
- statutory authorities.
Find out more about EPA’s litter program.
We publish the litter and waste enforcement toolkit for councils and other litter authorities.
Analysts give EPA scientific or technical advice. We can appoint staff or external people as analysts.
Delegations we can make
We can delegate powers to EPA staff or external bodies. We do this when a person or body can help us fulfil our regulatory objectives. This means EPA staff with specialist skills make important decisions, like issuing EPA licences and permits.
In certain situations, we can also delegate powers under the Environment Protection Act 2017 to council staff.
Draft Compliance and enforcement policy (publication 1798)
Reviewed 31 March 2020