Pollution Incident Response & the new Environment Protection Act in Victoria
A more recent article on this topic was published in 2025. This article provides background information which was published in 2019. Check out our latest article on pollution incident notification here.
Effective environmental incident response is critical for all organisations. Whether arising from fire, a classic pollution incident such as a leak or spill, or an unauthorised emission, there are high penalties for failures to notify environmental regulators of pollution incidents and licence breaches.
The regime is fragmented nationally, with each state and territory having its own regime governing what to report, when to report, and who to report to.
On 1 July 2020, Victoria joins all the other states and territories in implementing mandatory pollution incident notification.
As soon as the Regulations come out in late July 2019, it will be necessary for all organisations either to update their plans or to prepare for the first time, specific pollution incident management plans covering Victoria. Victoria’s new laws set a reasonably low threshold for notifiable incident reporting and require reporting as soon as practicable.
If you would like assistance developing or updating your pollution/environmental response plan, please contact me. I offer fixed fee briefings on the new Environment Protection Act requirements and can offer fixed fee legal advice on pollution incident notification preparedness.
In the meantime, here is a copy of my presentation to the Australian Environment Business Network on 7 July 2019, which includes a review of current legal requirements in several jurisdictions. Click here or on the image to download. Happy reading!
The Legal Stuff
This Environment Express post was drawn from a talk given by Gabrielle Guthrie on 7 June 2019 to the Australian Environment Business Network.
Environment Express posts aim to provide high-level and thought-provoking information about contemporary environmental law issues.
All the information in this article and on this website and any downloads are intended only to provide a summary and general overview on matters of interest. They are for general educational purposes only.
The information is not intended to be comprehensive nor dos it constitute legal advice, strategic advice or consulting advice. It does not establish a lawyer - client relationship.
If you are interested in any of the information, please always seek specific advice on your circumstances from a suitably qualified legal advisor.
Whilst attempts have been made to ensure that the content is current at date of publication, Gabrielle Guthrie and Guthrie Legal do not guarantee its currency. Laws and contemporary practices change over time, including as a result of case law.
You should always seek independent legal or other professional advice on specific cases and before acting or relying on any of the content.
© Gabrielle Guthrie and Guthrie Legal 2019
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