Penalties for businesses
Learn about fines and other financial penalties if you do not comply with The Act.
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As a business or industry, if you do not comply with the Environment Protection Act 2017 (The Act) you may get a penalty. Penalties can range from a warning or a fine, through to a civil or criminal prosecution in court.
Penalties for breaches of The Act can be broken down into 2 main types:
- Financial penalties such as fines issued by EPA, or civil penalties ordered by the court
- Non-financial penalties such as the cancellation of licences, or remedial notices and directions
Financial penalties
The Act places strong emphasis on justice, and has increased the maximum penalty for serious offences. The penalties reflect the seriousness of harm caused to human health and the environment. For example, penalties for body corporates are now much higher, with an upper level of $1.6m to $3.2m. Individuals who commit aggravated offences can get a jail term of up to five years.
The Environment Protection Act 2017 gives EPA a range of powers to ensure businesses comply with their obligations under The Act. Issuing penalties for non-compliance is one of these powers.
How EPA calculates fines
EPA can issue fines to businesses or individuals who breach The Act. Fines are described in units. The Treasurer of Victoria sets fine units each financial year.
| Infringement notice | Type | Fine in 2022–23 | Fine units |
| Litter infringement | Litter <50 litres – individual | $370 | 2 |
| Litter infringement | Litter <50 litres – company | $1,849 | 10 |
| Litter infringement | Dangerous litter – individual | $740 | 4 |
| Litter infringement | Dangerous litter – company | $3,698 | 20 |
| Motor vehicle infringement | Individual | $1,110 | 6 |
| Motor vehicle infringement | Company | $5,548 | 30 |
| – | Penalty reminder notice | $26.60 | 1.74 |
Other financial penalties
EPA has to the power to issue infringement notices, but we also have the power to seek:
- Civil penalties: EPA can seek a civil penalty from the court. This will be an alternative to criminal prosecution, directly enforcing the laws through the courts.
- Monetary benefit orders: as a penalty, businesses may have to pay from profit made from breaking environmental laws.
- Restorative project orders: businesses may have to carry out a project to restore or enhance the environment.
- Cost recovery powers: where a business has deliberately caused harm, the Victorian taxpayer shouldn’t have to cover the cost. EPA will pursue any available option to recover costs.
- Financial assurances: EPA can require a certain amount of money be set aside as security, to cover remediation or clean-up costs.
How to pay your fine
You must pay your fine before the due date on your infringement notice. You can pay online, or by phone or BPAY.
Pay by phone: call 1300 372 842 (Monday to Friday, 9am to 5pm) to pay by Mastercard or Visa. You’ll need to give us your infringement number (on the top left of your infringement notice).
Pay with internet or phone banking (BPAY): Our biller code is 150714. Please include the reference 45 followed by your infringement number (on the top left of your notice).
If you can't afford your fine you may be able to pay your fine in installments. Call EPA on 1300 372 842 to learn more.
How to apply for a review of a fine
If you have a valid reason why you should not receive the fine, and you have evidence to support your reason, you may be able to apply for an internal review.
Learn how to apply for an internal review
How to take your fine to court
You can ask EPA for your fine to be heard at court. This means a magistrate or judge can decide what will happen.
To ask for the fine to be taken to court, write to us at:
EPA Victoria
GPO Box 4395
Melbourne VIC 3001
Accessing justice for the community
With the introduction of the Environment Protection Act 2017, the community now has broader access to justice. This change brought Victoria into line with the rest of Australia.
- Impact statements: if you’ve been impacted by an incident, you can give details of your experience as evidence to the court.
- Third-party rights: The Act gives you greater rights to defend your interests. These are called third-party rights. If a court believes EPA hasn’t acted where it should have, in a reasonable time, after getting a written request, the court may allow you to make an application to the court yourself.
More information
- How we calculate fees and fines
- How to pay or dispute a vehicle littering fine
- Understanding your environmental obligations
- Learn about Controls and EPA permissions
- If you have questions that we haven't answered here, please contact us.
Reviewed 1 March 2023
