There are a large number of offences created by the Environment Protection Act 1970 (Vic) for breaching various EPA requirements. These include:

• It is an offence for the occupier of Scheduled Premises to contravene any requirements for, or condition of, a Works Approval. Penalty: $272,208 fine (2,400 penalty units) (section 19B(8)).
• It is an offence for the occupier of Scheduled Premises to discharge waste without a Licence, or to breach the conditions of a Licence. Penalty: $272,208 fine (2,400 penalty units) or $136,104 for every day the action continues (1,200 penalty units)(section 27).
• It is an offence for any person to cause or permit the pollution of the atmosphere, water or land. Penalty: $272,208 fine (2,400 penalty units) or $136,104 for every day the action continues (1,200 penalty units)(see section 39 & 45).
• It is an offence to cause aggravated pollution. The maximum penalty for a person is a $283,550 fine (2,500 penalty units), seven years imprisonment or both, and $1,134,200 fine (10,000 penalty units) for a body corporate (section 59E of the Environment Protection Act 1970 (Vic)).

Fines current until 30 June 2009 at $113.42 as 1 penalty unit

Other offences under the Environment Protection Act 1970 (Vic) include:

• causing or permitting an environmental hazard (section 27A(1));
• dumping of industrial waste at unlicensed sites (section 27A(2) of the Environment Protection Act 1970 (Vic));
• contravening a Pollution Abatement Notice (which includes noise) (section 31A(7));
• interfering with pollution monitoring equipment (section 59C);
• providing false or misleading information to the EPA (section 59D);
• contravening a clean-up notice (section 62A(3)); and
• intentionally committing an offence against sections 27A(1)(c), 39, 41, 45 or 59D (section 67AA).

The Environment Protection (Enforcement and Penalties) Act 2000 amended the Magistrates Court Act 1989 to provide that indictable offences under the Environment Protection Act 1970 (Vic) (other than an offence for aggravated pollution under section 59E of the Environment Protection Act 1970 (Vic)) can be tried summarily. However, if an indictable offence is tried summarily, the maximum penalty the Magistrates’ Court can impose is $100,000 (for a single offence).

The EPA is responsible for enforcing and prosecuting all offences under the Environment Protection Act 1970 (Vic) except in relation to noise pollution, where the police and municipal authorities also have responsibilities. Copies of the EPA’s Enforcement Policy may be purchased from the EPA.

The public have no standing to prosecute for offences under the Environment Protection Act 1970 (Vic). Section 59(2) takes away common law rights to prosecute for offences of a public nature. This may be contrasted with the NSW Protection of the Environment Operations Act 1997 (s. 219 of the Environment Protection Act 1970 (Vic)), which gives members of the public standing in specific circumstances to prosecute offences which cause, or are likely to cause, harm to the environment. A similar provision in Victoria's Environment Protection Act 1970 (Vic) would improve the efficacy of this legislation.

Conditions attached to a licence or works approval issued by the EPA may also form conditions to a planning permit. If those conditions are breached, you may be able to take action under the Planning and Environment Act and obtain an enforcement order.

Otherwise, you can complain to the Environment Protection Authority or your local council.

If a person is found guilty of an offence under the Environment Protection Act 1970 (Vic), in addition to OR instead of the prescribed penalty, the Court may order the person to do one of the following:

• Publicise or take specified action to notify one of more persons or classes of persons of the offence, the environmental or other consequences of the offence and/or the penalty imposed or other orders made as a result of the commission of the offence;
• Undertake a specified project for the restoration or enhancement of the environment in a public place or for the public benefit (even if the project is unrelated to the offence); and
• Carry out a specified environmental audit of the person’s activities (section 67AC(2) of the Environment Protection Act 1970 (Vic)).

• View the Environment Protection Act 1970 (Vic) on Austlii

• Victorian Government - Environment Protection Authority: Enforcement Policy