The Environment Protection Act 2017(opens in a new window) sets out the legislative framework for protecting human health and the environment from pollution and waste in Victoria. All Victorians have obligations under the Act. This includes government, business and the community.
The Act:
- sets out 11 principles of environment protection
- establishes 13 duties to protect human health and the environment
- enables the making of regulations to give effect to the Act
- establishes a permissions scheme for licences, permits and registrations
- enables the making of an Environment Reference Standard
- establishes a waste management framework
- establishes a way to recognise and support voluntary action through better environment plans
- establishes an environmental audit system
- includes a range of offences with significant criminal and civil penalties
- provides for a system of civil remedies and compensation orders available to the court
- gives us the powers and functions to enforce the law.
The duties
The 13 duties established by the Act are:
- the general environmental duty
- 2 contaminated land duties
- 7 waste duties
- 2 duties related to responding to harm caused from pollution
- one duty related to noise.
The duties apply to individuals and businesses. There are also other obligations that you must meet if they apply to you. For example, you may have to:
- get a permission to conduct an activity
- get approval to discharge or dispose of waste in an emergency
- remove waste at the request of an officer or a court.
The general environmental duty:
- applies to anyone involved in an activity that poses a risk of harm to human health or the environment from pollution or waste
- applies at all times
- requires you to minimise risks of harm so far as reasonably practicable.
There may be penalties if you do not meet the duties that apply to you.
Environment Protection Regulations 2021
The Environment Protection Regulations 2021(opens in a new window):
- set obligations related to:
- environmental protection
- pollution incidents
- contaminated land and waste
- onsite wastewater management systems
- specify activities that need a permission
- ban some plastic shopping bags and single-use plastics
- set out matters related to
- litter
- water
- the atmosphere
- land
- noise
- vehicle emissions
- set out additional matters related to the audit system
- identify the activities that need:
- financial assurance
- waste levy payments
- set the fees to be paid
- set offences and penalties
- provide for exemptions.
The Regulations also set out requirements for the management and control of pollution and waste – for example:
- air and water pollution
- contaminated land
- noise
- vehicle emissions
- waste, including litter and used packaging materials
- wastewater.
For more information, refer to our Guide to the Environment Protection Regulations.
Permissions
The permissions scheme allows us to control activities that present a significant risk to human health and the environment. We do this in a way that is proportionate to the level of risk.
Permissions:
- work alongside the general environmental duty
- set performance standards and conditions that you must meet when conducting these activities.
Schedule 1 of the Regulations sets out activities that you must get a permission for.
You must check if you need a permission before you conduct your activity.
General standards
General standards support people to understand and meet their environmental obligations. They can be:
- instruments made under the Act to set mandatory requirements
- practical guidance on ways to minimise your risks of harm.
General standards are fully described in our General standards policy.
There are instruments you must follow – for example:
- designations
- determinations
- class exemptions
- orders for obligations of managers of land and infrastructure
- environmentally hazardous substances orders.
Penalties may apply if you do not comply with these instruments.
Other general standards may support you to meet your duties and obligations. They provide practical guidance on ways to minimise risks of harm – for example:
- guidance to support business to comply with the law
- compliance codes to provide practical guidance about how to meet a duty or obligation (if you elect to follow a compliance code, we assess your compliance with the duty or obligation against the content of the compliance code)
- position statements that set out:
- our interpretation of how the law applies, or
- how we exercise our discretion in applying the law
- issues of environmental concern – these are declarations by the Minister for Environment to:
- demonstrate to industry that the government is seeking voluntary action on an issue
- identify what regulatory actions the government will take if industry does not take credible voluntary action
- the Environment Reference Standard.
Standards can be set by the Australian Government. These standards may also support you to comply with your duties and obligations – for example:
Other environment protection Acts
There are other Acts that we administer to protect human health and the environment from pollution and waste.
We administer the:
- Pollution of Waters by Oils and Noxious Substances Act 1986
- National Environment Protection Council (Victoria) Act 1995.
We also have a role in land use and statutory planning.
Pollution of Waters by Oils and Noxious Substances Act
The Pollution of Waters by Oils and Noxious Substances Act 1986(opens in a new window):
- protects the sea and other waters from pollution by oil and noxious substances
- implements the International Convention for the Prevention of Pollution from Ships (1973), known as the MARPOL Convention.
We jointly administer this Act with the Department of Transport and Planning.
National Environment Protection Council (Victoria) Act
The National Environment Protection Council (Victoria) Act 1995(opens in a new window) establishes the National Environment Protection Council. It does this together with equivalent legislation of other states and the Commonwealth.
The council has one federal minister and a minister from each state and territory.
The Act provides for National Environment Protection Measures. These measures:
- are agreed by all Australian governments
- set national objectives for protecting or managing aspects of our environment
- ensure people are equally protected from air, water, soil and noise pollution no matter where they live in Australia.
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