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Environment Protection Authority (Victoria)

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The Environment Protection Authority Victoria (EPA) is Victoria’s environmental regulator. EPA is an independent statutory authority, established in 1971 under the Environment Protection Act 1970 (EP Act). EPA's role is to prevent and reduce the harmful effects of pollution and waste on Victorians and their environment.[1]

Environment Protection Authority Victoria

Environment Protection Authority Victoria entrance in Carlton
Agency overview
Formed1 July 1971
JurisdictionVictoria, Australia
Headquarters664 Collins Street, Docklands, 3008
Employees600 (approx)
Annual budget$100m per annum (approx)
Parent agencyVictorian Government
Websitewww.epa.vic.gov.au
Agency IDPROV VA 1058

History

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Established under the Environment Protection Act 1970, EPA is the world's third oldest environmental regulatory agency.[2] It was established to address environmental problems across the state in a systematic and integrated way, bringing together a range of Victorian legislation and powers to be administered by a central authority.

A three membered EPA was launched in 1971 additionally to a seventeen members Environment Protection Council.[3]

In 1973, EPA started assuming full power over the control of air, water and land pollution and started granting licences for waste discharges. These licences stated the limits under which the discharges could be allowed while guaranteeing safety levels.[4]

In July 2021 the Environment Protection Amendment Act 2018 came into effect, transforming the structure under which EPA works that was established under the Environment Protection Act 2017.[5] The cornerstone of the new Act is the general environmental duty, which states that all persons (i.e. legal entities, including corporations) who are undertaking any activity which poses a risk of harm to human health or to the environment has a duty to minimise those risks so far as is reasonably practicable.[6]

Currently, EPA sits within the portfolio of the minister of Environment Hon. Steve Dimopoulos.[7]

Organisation

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Front of EPA Victoria's building in Traralgon

EPA maintains seven distinct regional offices designed so that the authority can respond effectively to local issues and events. As of December 2019 these regions are:[8]

  • North Metro Region, headquartered in Preston.
  • West Metro Region, headquartered in Sunshine.
  • South Metro Region, headquartered in Dandenong.
  • South West Region, headquartered in Geelong.
  • North West Region, headquartered in Bendigo.
  • North East Region, headquartered in Wangarratta.
  • Gippsland Region, headquartered in Traralgon.

Environmental Monitoring

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Air quality

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EPA is in charge of monitoring the air quality through the AirWatch program[9] and checks the presence and concentration of six pollutants:

within 19 sites[10][11] across Victoria and advises citizens on air quality and strategies to manage its impact.

Water quality

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Beach report and Yarra Watch

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EPA monitors the water quality over 36 beaches across Port Phillip bay daily and along the Yarra River.[12][13] General recommendations include:

  • Avoiding to swim near stormwater drains,
  • Avoiding to swim within 48 hours of a rainfall,
  • Trying not to swallow the water,
  • Covering cuts and scratches with waterproof bandages,
  • Washing skin with soap after being in contact with water and showering after swimming.[14]

Marine monitoring

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EPA is in charge of evaluating and improving the marine water quality, check for pollution and risks on the Port Phillip Bay, Western Port and Gippsland Lake.

As an independent regulator, EPA works with industries, governments and resources managers to develop legal frameworks, set standards about marine quality and indicators, monitor compliance with the law and enforce it.[15]

Since 1996, EPA has been monitoring the marine water quality daily using their own vessels[16] and working on mapping out environmental conditions through independent sampling systems installed on ships like ferries.[17]

Odour control

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EPA Staff monitoring odour pollution at SBI Landfill in Cranbourne

EPA is in charge of handling odour pollution complaints and giving advice and guidelines to businesses on that matter.[18]

In 2021, the West Metro Region, the Southern Metro Region, and the Northern Region received the highest number of odour complaints.[19]

In 2023, EPA took Stevensons Brothers Industries (SBI) Landfill to court claiming that the company failed to fulfil their general environmental duty due to the landfill's continued odour impact on nearby residents.[20][21]

Noise Pollution

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Noise pollution may be reported to Victoria police who can then alert EPA.

In February 2024, two persons were charged in Court by EPA for driving noisy cars and failing to get their vehicles tested and contravening to a Vehicle Testing Notice.[22]

Responsibilities

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Compliance and enforcement

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In January 2023, EPA investigated an oil spill that was effecting the water of St Kilda Beach, Victoria and the neighboring Elwood Beach. Swimmers were advised to avoid going into the water due to an oily substance that was found in the water. The organizations was also investigating reports of dead fish turning up on the beach and whether it was related to the oil.[23]

Education and public awareness

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EPA is in charge of making all Victorian citizens understand their legal obligations towards the environment and provide advice for people to make conscious choices regarding their general environmental duty.[24]

Authorised Officers

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The EP Act 1970 allows EPA to appoint individuals to the role of authorised officer. The appointed officers' role is to ensure that businesses, government and individuals comply with the EP Act. They do this by:

  • inspecting businesses and premises
  • providing guidance and advice about how to comply
  • enforcing the law – requiring risks and impacts to be remedied
  • where necessary, applying sanctions or punishment to deter non-compliance.

EPA has authorised officers working in specialised areas such as motor vehicles and litter, who only exercise powers specific to their roles. See EPA authorisations: roles and powers policy (Publication 1478)[25] for more information.

EPA Authorised Officers brochure (Publication 1422)[26] provides the community and EPA duty holders, such as EPA licensed and non-licensed businesses, with an easy-to-understand summary of the role and powers of authorised officers.

Informants

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EPA informants are authorised officers who lead and conduct major investigations undertaken by EPA. As part of this role, informants:

  • are appointed to undertake legal proceedings in a court of law, on behalf of EPA, for offences against all legislation administered by EPA
  • are delegated the power to issue a notice of contravention to formally advise the recipient that they are contravening a legal requirement and apply a daily penalty. A notice of contravention will be issued where there is a major ongoing contravention and further enforcement action is planned; and prepare briefs of evidence.

Senior staff

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Managers and team leaders responsible for licensing, works approvals, permitting, notifiable chemicals and planning referrals, are delegated to decide on applications for approvals and to respond to planning referrals.

Where a remedial notice requires the recipient to undertake works at a cost above a certain level, the power to approve the remedial notice is delegated to specific EPA managers and executives from EPA's Regional Services Directorate, and the CEO.

Litter from vehicles program

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The EPA has a litter program to enable members of the public to report littering from vehicles to the EPA.[27][28][Note 1]

In 2015, the Minister for Environment, Climate Change and Water appointed a Ministerial Advisory Committee to carry out an independent inquiry into the EPA.[30] In 2016, the Independent Inquiry into the EPA report was released finding that litter fine revenue accounted for "just under five per cent of the EPA’s operating budget".[31] The report recommended that the EPA no longer retain revenue from litter fines as retaining revenue is a "clear conflict of interest and aligns poorly with the EPA’s mission. The availability of these receipts may distort the regulator’s incentives and encourage it to dedicate a disproportionate share of its limited resources to a relatively minor environmental hazard."[32]

Sustainability

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EPA Victoria's building entrance and green facade

Carbon neutrality

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Since 2006, EPA compensates its carbon emission to become carbon neutral. Every year, it purchases offsets meeting the National Carbon Offset Standard.[33][34][35]

Sustainable building

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EPA's former headquarters' building in Carlton was awarded with a 5 star NABERS rating and a 6 Star Green Star Office Design.[36] The building is recognisable thanks to its green facade, and got significant upgrades in 2008 including lighting, rain water harvest and a co-generation plant.[37]

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    Front of EPA building in Wangaratta
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    Front of EPA building in Bendigo
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    Outside of EPA building in Preston

See also

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Wikimedia Commons has media related to Environment Protection Authority Victoria.

Notes

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  1. ^ Litter offences are a "local government issue to manage" with the exception of litter from vehicles reported to the EPA.[29]

References

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  1. ^ "EPA is changing". Environment Protection Authority Victoria. Retrieved 17 January 2020.
  2. ^ "Between a rock and a hard place. The story of the development of the EPA", EPA Victoria, 1996, p.13.
  3. ^ "Education is the first step". The Age. 3 August 1971.
  4. ^ "All set for clean-up of Victoria". The Age. 20 February 1973.
  5. ^ "About EPA". Environment Protection Authority Victoria. Retrieved 17 January 2020.
  6. ^ Victoria, Environment Protection Authority. "We all have a duty to prevent harm: general environmental duty | Environment Protection Authority Victoria". Retrieved 30 December 2019.
  7. ^ "Steve Dimopoulos | Parliament of Victoria". www.parliament.vic.gov.au. Retrieved 12 March 2024.
  8. ^ Victoria, Environment Protection Authority. "Contact us | Environment Protection Authority Victoria". Retrieved 30 December 2019.
  9. ^ Victoria, Environment Protection Authority. "About EPA AirWatch | Environment Protection Authority Victoria". www.epa.vic.gov.au. Retrieved 27 February 2024.
  10. ^ Victoria, Environment Protection Authority. "Air quality monitoring data across Victoria | Environment Protection Authority Victoria". www.epa.vic.gov.au. Retrieved 19 December 2023.
  11. ^ The State of Victoria Department of Environment. "Air quality monitoring - Clean Air Factsheet" (PDF). Land, Water and Planning 2018.
  12. ^ "Beach Report - Beach Water Quality Forecasts". www.mornpen.vic.gov.au. Retrieved 1 January 2024.
  13. ^ Victoria, Environment Protection Authority. "Beach Report | Environment Protection Authority Victoria". www.epa.vic.gov.au. Retrieved 1 January 2024.
  14. ^ "Why you should check the water quality before a swim | RACV". @RACV. Retrieved 1 January 2024.
  15. ^ catchments, Water and (6 September 2023). "Our framework for protecting water quality". Water and catchments. Retrieved 2 January 2024.
  16. ^ "New EPA Boat Boosts Frontline Defence | Premier of Victoria". www.premier.vic.gov.au. Retrieved 2 January 2024.
  17. ^ "Deployments: IMOS.org.au". imos.org.au. Retrieved 2 January 2024.
  18. ^ Victoria, Environment Protection Authority. "Odour and EPA's role | Environment Protection Authority Victoria". www.epa.vic.gov.au. Retrieved 19 December 2023.
  19. ^ Geraets, Nell (3 June 2022). "Is your suburb on the nose? We sniff out Melbourne's stinkiest parts". The Age. Retrieved 19 December 2023.
  20. ^ Waters, Cara (7 August 2023). "'Permeates entire community': EPA takes landfill to court over offensive odours". The Age. Retrieved 19 December 2023.
  21. ^ Cara, Waters (7 August 2023). "'Permeates entire community': EPA takes landfill to court over 'offensive odours' - The environment agency alleges the landfill in Melbourne's south-east has not complied with its laws after residents complained of putrid smells coming from the site". Brisbane Times.
  22. ^ Victoria, Environment Protection Authority (12 February 2024). "Ignoring EPA lands two drivers in court | Environment Protection Authority Victoria". www.epa.vic.gov.au. Retrieved 13 February 2024.
  23. ^ Geraets, Nell (8 January 2023). "Mystery surrounds vegetable oil spill at Melbourne beaches". The Age. Retrieved 8 January 2023.
  24. ^ "The General Environmental Duty under Victoria's new environmental regulatory regime". www.vgso.vic.gov.au. 11 August 2022. Retrieved 6 February 2024.
  25. ^ "EPA authorisations: roles and powers | EPA Victoria". ref.epa.vic.gov.au. Retrieved 30 December 2019.
  26. ^ "EPA authorised officers | EPA Victoria". ref.epa.vic.gov.au. Retrieved 30 December 2019.
  27. ^ "Report litter from vehicles". EPA Victoria. 1 February 2024. Retrieved 31 May 2024.
  28. ^ "Litter program still pulls reports". EPA Victoria (Press release). 8 August 2011. Archived from the original on 4 April 2014.
  29. ^ EPA CEO Nial Finegan (14 December 2015). "Inquiry into the CFA training college at Fiskville - Transcript" (PDF). Parliament of Victoria. Environment, Natural Resources and Regional Development Committee. p. 17. Retrieved 31 May 2024.
  30. ^ "Independent Inquiry into the EPA". www.epa-inquiry.vic.gov.au. Retrieved 31 May 2024.
  31. ^ Environment Protection Authority Inquiry Ministerial Advisory Committee (2016). Independent Inquiry tnto the Environment Protection Authority (PDF). Melbourne: State of Victoria. p. 361. ISBN 9781760471392. Retrieved 27 May 2024.
  32. ^ Environment Protection Authority Inquiry Ministerial Advisory Committee 2016, p. 378.
  33. ^ "National Carbon Offset Standard". www.cleanenergyregulator.gov.au. Retrieved 19 December 2023.
  34. ^ National Carbon Offset Standard for Organisations (PDF). Commonwealth of Australia. 2017.
  35. ^ Victoria, Environment Protection Authority. "How we manage our greenhouse gas emissions | Environment Protection Authority Victoria". www.epa.vic.gov.au. Retrieved 19 December 2023.
  36. ^ Jewell, Cameron (1 July 2014). "Melbourne's über-sustainable EPA building to be resold at a huge premium". The Fifth Estate. Retrieved 19 December 2023.
  37. ^ SMF (1 July 2014). "Worth a pretty green penny!". Sustainable Australia Fund. Retrieved 19 December 2023.
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