When an offence has occurred under the Environment Protection Act 2017, a court has discretion under section 332 to direct the offender to pay a sum of money for a restorative project.
The court can do this in 2 ways:
- Specify a project and the person or organisation who will undertake the project. This is a court ordered restorative project.
- Order an amount of money be paid by the offender to the Restorative Project Account. This is an account EPA administers. It is used to fund restorative projects.
These are discretionary orders determined by the court. There is no guarantee that money or projects will be ordered at the conclusion of proceedings.
Purpose of a restorative project
The Act requires restorative projects to restore or enhance the environment:
- in a public place, or
- for public benefit.
A project does not have to directly relate to the offence or contravention that caused them.
The Restorative Project Account
We administer funds paid by duty holders through the court process. These funds are managed in a single Restorative Project Account. This ensures:
- transparency about funds received for restorative projects
- we can track and account for funds.
When a court orders a payment to the Restorative Project Account, it may also specify the use of those funds. We then request and evaluate projects against these requirements.
When funds are ordered to be paid to the Restorative Project Account, we are required to:
- manage those funds
- manage a transparent process to determine how they are used.
Restorative projects register
We maintain a register of groups who are interested in undertaking a future restorative project. We alert these groups when relevant restorative project funds become available. We also contact the local community and other networks to seek project submissions.
This helps us source suitable organisations and projects to:
- recommend to the court at the conclusion of civil or criminal proceedings
- allocate funds from the Restorative Project Account.
We invite project proposals when:
- we anticipate the court may order a restorative project, or
- if there has been an order to the Restorative Project Account.
Funding is determined by the outcome of court proceedings. The availability and amount of funding is not known until proceedings have finished.
You do not need to be on this register to submit a proposal.
Submit the Restorative program registration form to have your details added to the register.
Who is eligible for a restorative project?
We invite applications from:
- incorporated groups and organisations
- legal entities that have a cultural, educational, environmental or environment related role.
Examples of eligible applicants include:
- incorporated community organisations
- not-for-profit/non-government organisations
- Traditional Owners
- peak/representative associations
- schools/universities
- research groups
- local government
- catchment management groups
Non-incorporated groups can only apply with an eligible group. It must agree to take on financial accountability for the project.
All applicants must have appropriate:
- occupational health and safety processes
- insurance to cover their activities.
What projects are eligible?
Project proposals must be consistent with section 332 of the Act. It needs to restore or enhance the environment in a public place or for a public benefit. It must also:
- be based in Victoria
- be not-for-profit
- must be developed in consultation with the appropriate manager/owner of the proposed location
- have a defined delivery period (even if it is broad).
Project proposals cannot be considered if they are:
- the funding responsibility or core business of another State or local government department
- inconsistent with local, state or national frameworks, policies or standards.
Funding cannot be retrospective. That is, it cannot be provided for work already done.
Proposals should consider how they can be staged or propose several options for delivery.
Eligible project activities can include:
- Personnel, including salaries (cash/in-kind contribution of an equal amount would be expected)
- Consultants (e.g. professional artists)
- Professional fees (e.g. accounting and auditing costs)
- Local travel
Funding cannot be used to:
- purchase large equipment or assets (e.g. vehicles, property)
- travel interstate or overseas
- offset normal operational costs of the applicant.
Application and assessment process
The restorative project orders program has a 3-part application process.
Stage 1 Registration of interest
Registration is open all year.
Contact details and information are collected about the group who would like to be considered for a project.
The registration information addresses the groups capacity to undertake and manage a project.
All applicants are notified by email when they are successfully added to the register.
To register your group:
Complete the registration form.
Email the completed form to restorative@epa.vic.gov.au.
The form must be endorsed by an elected office bearer/manager of the group. The Section 3 declaration must be discussed with the person who has delegated authority from your group.
Stage 2 Invitation to submit a restorative project proposal
We will identify groups and invite the submission of a detailed project proposal.
- For court ordered restorative projects, this may happen prior to the conclusion of court proceedings.
- When a court has ordered a payment to the Restorative Project Account, this will happen after the conclusion of court proceedings.
Any registered group that is invited to submit a restorative project proposal will receive information about:
- the nature of the incident being prosecuted
- the impacts of the offence to the environment and affected community
- the estimated amount of the financial penalty (in situation 1) or the amount ordered to the Restorative Project Account (in situation 2)
- the EPA contact point for developing a selected restorative project order proposal.
If a restorative project proposal is invited as part of proceedings for a court ordered project, the proposal will be submitted to the court.
We follow this same process and evaluation criteria for all proposals. Where the court orders payment of an amount to the restorative project Account. we may deliver additional engagement to inform the project development process.
To submit a project plan:
Complete the project plan form responding to the relevant selection criteria.
Stage 3 Selection of restorative projects and oversight
All proposals are:
- assessed by an EPA evaluation panel
- evaluated on overall merit based on the selection criteria.
For court-ordered restorative projects:
- EPA will submit a recommendation to the court presiding over the prosecution. The Magistrate or Judge will make the final decision on the proposal(s) and amount to be funded.
For Restorative Account projects:
- EPA will invite submissions once the funds have been deposited into the Restorative Project Account. We may engage with others to inform the project development process to ensure that it achieves the best outcomes.
- The court determines the timeframe in which funds must be paid into the account.
All groups are notified of the outcome of their submission.
The successful group must enter a project agreement with EPA for the agreed delivery of the project.
Project plan selection criteria
Eligibility criteria
Your project must meet all of the following to be eligible for assessment.
- The owner or manager of the place (land or waterway) where the project is proposed to be undertaken must approve.
- Your organisation must have an OHS procedure or policy and ensure it protects the health and safety of participants in the project.
- Your group (or your partner organisation) must hold current public liability insurance.
- Your proposed project activities must be eligible according to the criteria on page 2.
- You must provide a description of any conflicts of interest your group may have in relation to the proposed project. Examples include:
- A member of the project team works for EPA or is involved in other EPA projects.
- Your organisation is being prosecuted by EPA.
- Your organisation has a commercial interest in the project.
- A project plan completed, discussed and signed by the person who has delegated authority for your group.
Restorative benefit
The project must meet the fund’s purpose to restore or enhance the environment in a public place or be for public benefit.
Consider the following:
- How does your project restore or enhance the environment?
- How will project outcomes be maintained/continued beyond the end of the project?
- How does your project provide restorative value to local environment and or community?
- How does your project support a public benefit. For example, does it build knowledge or capability in the community about the local environment?
Restorative justice
The project should meet the fund’s purpose to restore or enhance the environment in a way that is related to the offence.
Consider the following:
- How is your project restorative of the environment affected by the offence?
- How does your project engage with and benefit the local and wider community, particularly those affected by the offence?
- Is your project related to the prosecuted offence?
Project management
Effective project management is critical for all projects.
Consider the following:
- What experience has your organisation in delivering similar projects?
- What specialist skills are required to manage this project and how will you resource these?
- How is your project good value for money? E.g. includes funding and in-kind contributions from your organisation and project partners.
- How will you evaluate the project; what will you measure? E.g. a change in the knowledge, aspirations, skills and attitudes of participants.
- What risks could affect you achieving your project goals and what actions will you take to minimise or prevent these?
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