The Law Handbook 2024

1015 NOTE The law in this chapter is current as at 1 September 2023. Introduction Environmental laws aim to protect human health and the natural environment in the context of land-use planning and resource management. Environmental laws include legislation dealing with land-use planning, risk management for pollution and waste, protection of nature, the reservation and protection of public land, the management of natural resources, tackling climate change, environmental impact assessment and the licensing of certain industries and projects. Environmental laws regulate mining, forestry, heritage, coastal protection, water and waterways. The Victorian Government is responsible for most of this legislation. However, there is also important Commonwealth Government legislation that is relevant in some circumstances, and local government decision-makers play an important part in administering some environmental laws. This chapter covers the Victorian laws that provide for public involvement in decision-making and the enforcement of land-use planning laws, environmental impact assessment and licensing and pollution and waste risk-management laws. Protecting the environment often requires people to use other areas of the law, such as freedom of information, administrative law, corporations law and consumer law. For more information about some of these legal areas, see Chapter 6.4: Neighbour disputes, and Chapter 12.3: Freedom of information law. Land-use planning A framework for integrating controls in land use, development planning and environment protection in Victoria is set out in the Planning and Environment Act 1987 (Vic) (‘ PE Act ’). It provides planning controls that overlap with related legislation, such as the Environment Protection Act 2017 (Vic) (‘ EP Act ’), the Environment Effects Act 1978 (Vic) (‘ EE Act ’) and the Subdivision Act 1988 (Vic). The objectives of planning and the planning framework in Victoria are set out in section 4 of the PE Act. These include: • providing for the fair, orderly, economic and sustainable use and development of land; • providing for the protection of natural and artificial (also called ‘man-made’) resources and the maintenance of ecological processes and genetic diversity; • conserving and enhancing buildings, areas, or other places that are of scientific, aesthetic, architectural or historical interest or of other cultural value; • protecting public utilities and other assets and enabling the orderly provision and coordination of public utilities and other facilities for the benefit of the community; • facilitating development in accordance with the above objectives; • facilitating the provision of affordable housing in Victoria; • balancing the present and future interests of all Victorians; and • ensuring that the environmental, social and economic effects are considered when decisions are made about use and development of land. An overview of land-use planning law in Victoria Planning schemes created under the PE Act are the main regulatory tool that control the use and development of land in Victoria. These planning schemes apply to both private and public land but there are some exceptions, which are discussed below. Environment and planning law 11.3 Contributors: Dru Marsh, Public Service Research Group, School of Business, UNSW Canberra; Deborah Hollingworth, Manager, Aboriginal Strategy and Partnerships, Environment Protection Authority Victoria; and Glenn Osboldstone, Senior Lawyer, DTP Legal