State Environment Protection Policies (“SEPPs”) are policies that are given a special status under the Environment Protection Act 1970 (Vic). SEPPs are pivotal to the performance of the Environment Protection Authority (“EPA”) functions and have the effect of law (see sections 16 – 18 of the Environment Protection Act 1970 (Vic)).
The Environment Protection Act 1970 (Vic) requires everything done under the Act to be consistent with these Policies. SEPPs identify the beneficial uses of the environment (e.g. air, water quality), set out the indicators used to measure environmental quality and the program, if any, by which environmental quality objectives are to be attained. These include maximum levels of waste to be discharged and levels of noise to be emitted, as well as minimum standards for the installation and operation of works or equipment for the control of waste or noise.
Before a SEPP is declared or varied, notice of the EPA's intention to do so must be published in newspapers circulating in the area (see sections section 18A(2)(a) of the Environment Protection Act 1970 (Vic)). The EPA must also publish notice of the preparation of Draft Policies over the same period; these may be inspected by the public (see section 18A(2)(f) of the Environment Protection Act 1970 (Vic)). Any person likely to be affected may submit information, which the EPA must consider when drafting a SEPP (see section 18A(2)(b) of the Environment Protection Act 1970 (Vic)).
There are 7 different SEPPs. The four different categories which these SEPPs fall under which are air, land and groundwater, noise, and water.
Planning authorities are required to take State Environment Protection Policies (“SEPPs”) into account when making decisions.
VCAT, when considering planning appeals, must also give effect to any relevant (SEPP s. 84B(1)(d) of the Planning and Environment Act 1987 (Vic)).