We're an independent statutory authority under the Environment Protection Act 2017, our role is to prevent and reduce harm from pollution and waste.
As part of this role, we set clear and authoritative health and environmental standards that support and work with the general environmental duty, other duties and permissions under the Environment Protection Act.
Standards help people and businesses understand and meet their environmental responsibilities. They also help us to manage risks from activities and address problems.
How we set standards depends on what we are trying to achieve.
How we set standards
We set standards based on science, current and future risks, what people expect, and industry best practice.
The decision to set a standard and the type of standard we use depends on:
- the nature of the problem to be solved
- the characteristics and needs of the industry or people concerned
- the willingness and ability of duty holders to meet their duties
- regulatory and legal context
- needs for flexibility or certainty in regulatory arrangements
- the potential of guidance or advice to achieve the same outcome as mandatory standards
- the costs and benefits to the community.
We develop some standards with the Department of Energy, Environment and Climate Action (DEECA). We may also consult with relevant government, business and community stakeholders and Traditional Owners to help us understand current and future risks, community aspirations, and what people should reasonably know to comply with the law.
We engage with community, government and business to make sure our intent and expected requirements are clear. We also develop guidance to support business to comply with the law.
Where relevant, when developing standards we follow:
Types of standards
There are different types of standards. Some are mandatory, while others are advisory. Standards provide practical guidance on ways to minimise risks of harm.
Our General standards policy outlines the different standards and how we use them to address a problem.
Performance and conduct standards
Performance and conduct standards support people to understand and meet their environmental obligations. This type of standard is the most commonly used for environmental issues and risks that are subject to duties under the law. They are usually developed with industry or stakeholders. They include:
- guidance
- compliance codes
- regulations.
Compliance codes are published on our Public register.
Rulings and determinations
We can also modify requirements under a permission or regulation. This allows for flexibility and responsiveness in the way we regulate issues.
For example, we may determine circumstances where a person does not need to hold a permission if they apply certain risk controls.
These include:
- permission determinations
- waste and contamination determinations
- designations
- class exemptions.
Permissions
Part of our regulatory role is to issue and manage permissions under the Environment Protection Act and the Environment Protection Regulations 2021.
A permission allows a business to engage in an activity that may have a risk of harm to human health and the environment. Depending on the type of activity and the level of risk, this may be a licence, permit or registration.
The aim of our permissions is to make it easier for businesses and industry to manage the risks of these activities and meet their environmental obligations.
Environmental management
Our role in environment protection extends beyond issues directly targeted by the environmental duties. As well as assessing and communicating environmental risks, we may set standards that describe the level of environmental protection the community expects.
The Environment Reference Standard defines the environmental values of Victoria and informs government decision-making, permission decisions and reporting on the state of our environment.
An issue of environmental concern (IEC) order raises the profile of an identified or emerging environmental challenge. Under the Environment Protection Act, the minister can declare an IEC. This demonstrates to industry that:
- the minister is seeking voluntary action
- in the absence of credible voluntary action, steps will be taken towards regulatory intervention.
The minister may also invite relevant parties to consider participating in a better environment plan.
An IEC must state what actions the government will take if there’s no voluntary action. We may refer to IECs to issue remedial notices, or we may introduce other ways to help with IEC compliance. In these cases, we consider any BEPs.
Position statements
A position statement outlines how we exercise our discretion in applying the law. It can also cover our interpretation of how the law applies to different groups or in specific circumstances. Position statements are not legally binding.
We can prepare interim or provisional position statements to provide non-statutory guidance. This happens where our position is either:
- still developing, with evolving knowledge of the risk
- transitional – only in place for a defined period.
Position statements are published on our Public register.
Alternative standards
Under the Environment Protection Act, we can manage risks and issues not directly targeted by other duties and standards through:
- orders to managers of land or infrastructure, such as a council, public sector body, infrastructure manager or similar duty holder
- environmentally hazardous substances orders, on things like hazardous waste streams, products made with or from hazardous substances, or hazardous substances in storage
- economic approaches, such as tradeable permit schemes and environmental offsets.
Reviewing standards
We monitor and review the effectiveness of standards over time. This helps us to understand if they are achieving the desired outcomes.
Standards evolve with changes in environmental conditions, risks of harm and technology. We may adjust the standards used to address a problem to make sure they continue to be effective.
We work with community, industry and our government partners to find ways to promote better practice, aligned to our strategic priorities.
Updated