Introduction
Environment Protection Authority Victoria (EPA) is Victoria’s environmental regulator. We are a science-based regulator that protects human health and the environment from the impacts of pollution and waste.
We do this in several ways:
- working with community, business, governments, and Traditional Owners to prevent and reduce the harmful impacts of pollution and waste.
- supporting all Victorians to understand their obligations under the law.
- taking proportionate regulatory action against those who fail to meet their obligations.
- providing clear advice on the state of our environment so that people can make informed decisions about their health.
The Environment Protection Act 2017 (the Act) and regulations provide a framework for protecting human health and the environment from the harmful effects of pollution and waste.
The general environmental duty (GED) is central to the laws. It requires all Victorians to manage risks to human health and the environment that their activities create. Everyone must take steps to minimise their risks, so far as reasonably practicable. This includes all businesses, big or small.
We expect individuals and businesses to be open and honest, identify and manage risk proactively, and continually minimise risks to the environment.
Understanding and controlling your risks is key to complying with the law. We will work with you to do so, with a focus on supporting you to prevent harm from your activities.
We act quickly and transparently to enforce the law if you do not comply with your obligations. If you are resistant, evasive or fail to account for your risks, our response will be more severe.
Our regulatory approach
Our regulatory approach uses a mix of encouragement and deterrence to motivate action and deliver improved outcomes for Victorian communities and the environment.
As a science-based regulator, we apply a risk-based approach that uses science, intelligence, and evidence to prioritise our effort to where we can make the biggest difference.
When we make decisions under the Act, we are guided by the principles of environment protection. Our decisions also give regard to human rights under the Charter of Human Rights and Responsibilities.
We work with other organisations, agencies, and partners to protect human health and the environment. Local government (councils) play an important role as joint-regulators, bringing timely responses to localised issues of pollution and waste.
We respect and acknowledge Traditional Owner cultural values and knowledge and their responsibility and duty to protect and heal Country. We engage and collaborate with Traditional Owners to consider cultural values as part of our regulatory approach.
When we use our regulatory tools, we focus on the problem and desired outcome and apply them in a consistent, transparent, and proportionate way.
Our regulatory approach involves several key elements:
- Inform and educate
- Set standards
- Support to comply
- Monitor compliance
- Enforce the law
- Encourage higher performance
What we expect from you
We expect individuals and businesses to be open and honest, proactively identify and manage their risks, and regularly maintain their understanding of what their obligations are, and comply with them.
We work with businesses to help build knowledge, capability, and capacity to prevent harm to human health and the environment. In turn, we expect businesses to assess risks of harm, put processes in place to minimise risks, respond quickly and seriously to EPA’s advice and suggestions and make changes when needed. You must also report pollution incidents, contamination and any breach of your EPA permission.
We expect you to respond positively when we raise issues with you. If you are resistant, evasive or fail to account for your risks, our response will be more severe.
If you disagree with a decision we’ve made there are avenues for review and appeal. You can apply for an internal review of an infringement notice or a remedial notice. You may also seek an external review in the Victorian Civil and Administrative Tribunal for a range of decisions under the Act.
If you’re unhappy with the way an EPA authorised officer has behaved, you may submit a complaint to EPA. If you feel you’ve been treated unfairly by us, you may also submit a complaint to the Victorian Ombudsman.
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