Pollution control in Victoria

The Environment Protection Act 1970 (Vic) controls of land, air and water pollution in Victoria.

The section below provides a summary of the structures that the Act creates, such as offences for polluting, and the bodies that regulate polluters. If you would like more information on these structures you should read the pages listed in the "For more information on this topic see" section below.

The main structures created by the Environment Protection Act 1970 (Vic) are;

• the creation of the Environment Protection Authority (EPA) and Environment Protection Board;
• the State Environment Protection Policies;
• the establishment of a system of licensing and works approval for certain polluting activities and developments; and
• offences, penalties and other enforcement mechanisms to prevent unauthorized pollution.

The Environment Protection Act 1970 (Vic) establishes;

• the Environment Protection Authority (EPA) (see section 5 of the Environment Protection Act 1970 (Vic)). The EPA has a wide range of powers, duties and functions to set policy, regulate and enforce pollution controls, and conduct public education; and (see section 13 of the Environment Protection Act 1970 (Vic))
• the Environment Protection Board; (see section 8 of the Environment Protection Act 1970 (Vic)). The Environment Protection Board’s functions include advising the Minister (currently the Minister for Environment and Conservation), and the EPA Chairperson on the administration, policies and strategic directions of the EPA (see section 8(2) of the Environment Protection Act 1970 (Vic)).

• State Environment Protection Policies ("SEPPs") - As well as establishing the EPA, the Environment Protection Act 1970 (Vic) provides for the creation of State Environment Protection Policies State Environment Protection Policies ("SEPPs"). SEPPs contain policies and standards which are used when applying the Environment Protection Act 1970 (Vic).

• National Environment Protection Measures ("NEPMs") - NEPMs are set by the National Environment Protection Council. They are incorporated by each Australian State and help to set a uniform standard for environment protection across Australia.

• Industrial Waste Management Policies - the Environment Protection Act 1970 (Vic) contains provisions to allow the development of Waste Management Policies which focus on “municipal waste”. More information on Industrial Waste Management Policies can be obtained from the EPA website - waste management policies

• Neighborhood Environment Improvement Plans and Environment Improvement Plans - the Environment Protection Act 1970 (Vic) allows the EPA to develop various “improvement plans” in conjunction with industry and neighborhoods. NEIPs aim to improve living standards in the community through environment protection.

• Environment and Resource Efficiency Plans (“EREPs”) - require some of Victoria's largest users of energy and water to submit 'resource plans' to the EPA and commit to certain reporting requirements. The Environment Protection Act 1970 (Vic) required sites that are using over a designated threshold of water and energy to be registered with the EPA by January 2008, and then prepare a plan for decreasing their reliance on these resources. (see section 26H of the Environment Protection Act 1970 (Vic))

The Environment Protection Act 1970 (Vic) establishes various classes of premises that are called Scheduled Premises. Restrictions on a Scheduled Premises include;

• Some operators of a Scheduled Premises are required to apply for a ”works approval” in order to make changes to those premises;
• Emissions from certain Scheduled Premises must be licensed before they are able to discharge to the environment.

Examples of Scheduled Premises include sewage treatment plants which discharge treated wastewater to the marine environment, or factories that emit substances to the atmosphere which could be danger to the environment.

The Environment Protection Act 1970 (Vic) creates offences and penalties for some categories of unauthorised pollution and other breaches of the Act. The EPA is responsible for prosecuting organisations and individuals who breach the Act.

• State Environment Protection Policies (SEPPs)

• National Environment Protection Measures

• Environment Improvement Plans

• Licensing and works approval

• Offences, penalties and enforcement

• Integration of State Environment Protection Policies ("SEPPs") and the Planning and Environment Act

• The Environment Protection Act 1970 on Austlii

• Victorian Government - Environment Protection Authority

• Environment Victoria