The Law Handbook 2024

Chapter 11.3: Environment and planning law 1041 order from the court (including the Magistrates’ Court) requiring a person to comply with an obligation they owe under the EP Act (pt 11.4). If the court is satisfied that a person is not complying, or has not complied, with a permission or is in breach of another obligation (e.g. the GED), the court can order that duty holder to take action the court considers reasonably necessary to address the non- compliance or seek a financial assurance from that person as a condition of engaging in the conduct. The court can also order compensation be paid to anyone who has suffered or may suffer injury, loss or damage as a result of the contravention, including to cover the costs the affected person incurred in taking acting against the contravention. The new civil remedies are available to whose interests are affected by the contravention or non- compliance or any other person who has the leave to the court to apply (e.g. a community group). In considering whether or not to grant such leave, the court must be satisfied that it would be in the public interest, the person has written to the EPA requesting enforcement action and the EPA has not taken such action within a reasonable time. Similarly, if a council does not act within a reasonable time following a request to take action under the Public Health and Wellbeing Act 2008 (Vic), a member of the public can apply to the court (see Chapter 6.4: Neighbour disputes, for more information about remedies under this Act). Even if polluters are acting within approvals or licences granted under the EP Act, they might still be liable to civil action under common law principles (see Chapter 10.1: Negligence and injury). Any person who witnesses another person littering or dumping waste from, or in association with, a vehicle, can lodge a litter and waste report with the EPA online (see www.epa.vic.gov.au/ report-pollution/report-litter-from-vehicles/report- littering-from-a-vehicle) . An EPA infringement officer will review the report and may issue to the registered owner of the vehicle an infringement that ranges from several hundred dollars to thousands of dollars. A person who receives such a fine may seek an internal review of the decision to issue the fine. Making complaints Complaints about pollution and waste can be made to the EPA’s 24-hour pollution watch line (1300 372 842). Reports can also be made online via EPA’s website at www.epa.vic.gov.au. The EPA also provides a form by which a written request to take compliance of enforcement action may be made for the purpose of third-party civil remedies (see www.epa.vic.gov.au/about-epa/ laws/laws-to-protect-the-environment-and-human- health/your-third-party-civil-remedies ). Complaints about noise and other discharges of material or gas that are offensive to the human senses, dangerous construction and ‘offensive industries’ (e.g. abattoirs and piggeries) may be made to the local council and to the Victorian Government Department of Health, as well as the EPA. For more information about residential noise complaints, see Chapter 6.4: Neighbour disputes. The EPA may visit the premises against which a complaint has been made. If there is a persistent problem, the EPA can do a number of things, including seeking voluntary compliance, issue directions to those at the premises or issue remedial notices (ch 10 EP Act) to compel action. If those notices are subject to independent review (e.g. at VCAT) then residents who have made complaints can assist the EPA by appearing as witnesses. Greater assistance can be provided if notes are made about an incident shortly after it occurs. People who are not appearing as witnesses but still wish to be heard should write to VCAT. The EPA and planning If a development licence specifies an activity that requires a planning permit or an amendment to a planning scheme under the PE Act, then the development licence does not take effect until a copy of the planning permit or amendment is provided to the EPA (s 71 EP Act). The EPA’s decisions are also linked to the planning system through the referral authority mechanism. As a referral authority recognised in planning schemes, the EPA can impose conditions on, or veto, the decision of a local council (i.e. the responsible authority) to grant a planning permit, if a proposed development requires an EPA development and/or operating licence. The EPA has published guidance on its role in advising responsible authorities, such as the EPA’s expectations on those wishing to build within the ‘buffer zone’ of a landfill. A major project might require an amendment to the planning scheme, an EES and a development licence. In such cases, the development licence application is usually considered at the same time as the EES. Where a development licence is advertised