The Law Handbook 2024

Chapter 11.3: Environment and planning law 1037 The ERS will be used to inform standards for environmental segments that will apply across Victoria. These standards will not only apply as part of EP Act regulation, but will extend to all people, entities and agencies of the qualities applicable to achieve protection of the environment. The ERS identifies environmental values that represent aspects of Victoria’s environment, how those aspects function, or how we use that part of the environment, and provides a means of measuring performance. Examples of values include how clean water is for the purposes of drinking or, a level of sound that supports the community to sleep at night, and the quality of air that supports ecosystems to function. The ERS establishes indicators and objectives that are used to assess if an environmental value is being achieved, maintained or threatened. Most of the indicators and objectives have been retained from the ‘beneficial use’ concept established under the previous state environment protection policies. Importantly, the ERS is not intended to be a compliance standard: it is used tomeasure, in a general sense, important features of the environment. The ERS must be considered by the EPA when deciding on a development or operating licence application and the EPA’s environmental auditors must consider any relevant ERS when performing auditing work. More broadly, a responsible authority may consider the ERS under the PE Act if relevant to the planning decision such as whether granting the permit would have a significant effect on the environment. Over time these environmental values, measures and objectives will inform guidance and other instruments that shape Victorian’s thinking and approach to the quality of land, water, air, noise, and other segments of the environment. The EPA has published guidance on how to understand and apply the ERS and information on how each environmental value was derived, including the limitations of their appropriate use: www.epa.vic. gov.au/about-epa/laws/compliance-and-directions/ environment-reference-standard. Compliance and enforcement under the EP Act Environment Protection Authority The EP Act is administered by the EPA and has the overarching statutory objective of protecting human health and the environment from the harmful effects of pollution and waste. The EPA leads environment protection in Victoria, primarily through its administration of the EP Act, but also as an advisor to governments and as a referral authority for matters of environmental protection. The EP Act vests powers in the EPA to take action to require compliance with the GED and other obligations. This is done by the EPA issuing remedial notices or commencing legal proceedings to compel compliance or to restrain action that poses a risk of harm. The EPA is a statutory authority, governed by an independent board, with the statutory objective to protect human health and the environment by reducing the harmful effects of pollution and waste (s 357(1) EP Act). The EPA’s functions include: • monitoring and assessing environmental quality and risks of harm to human health and the environment; • responding to harm and risks of harm; • providing advice and recommendations to the Environment Minister; • liaising and collaborating with Commonwealth, state, territory and local governments; • providing information and education to the Victorian community on environmental protection; and • promoting, monitoring and enforcing compliance with the EP Act. The EPA is expected to administer the EP Act with regard to 11 principles of environment protection (ss 11–23 EP Act) that encompass integration of environmental, social and economic considerations, intergenerational equity, responsibility for environment protection, and evidence-based decisions. The EPA and the Environment Minister are required to take the principles into account for certain decisions, including certain permissions and the setting of environmental standards. The EPA also administers the Pollution of Waters by Oil and Noxious Substances Act 1986 (Vic), which creates Victoria’s legal framework for the protection of the sea from pollution by oil and other noxious substances and to fulfil Australia’s commitments under the International Convention for the Prevention of Pollution from Ships (1973). The EP Act provides multiple heads of power for the EPA, and in certain circumstances other bodies (e.g. councils) and individuals to ensure accountability and compliance with obligations under the EP Act. The EP Act vests powers in the EPA to undertake investigatory action, to gather information and