Comply with the General Environmental Duty (VIC)
Victorian PCBUs must take 'reasonably practicable' steps to minimise harm to human health and the environment.
Who must comply
Any person engaging in activities posing environmental risk in Victoria.
What triggers it
Conducting any activity that may give rise to environmental risk.
When due
Continuous.
Evidence required
Risk assessment, control plan, training records, monitoring data.
Max penalty
Up to ~$1.66M for corporations; criminal aggravated breaches significantly higher
Summary
Section 25 of the Environment Protection Act 2017 (Vic) imposes a general environmental duty (GED). Applies to anyone conducting any activity that may give rise to risks of harm to human health or the environment. Mirrors the WHS due diligence concept. Permissions, registrations, and licences operate on top.
Enforced by
Source legislation
Topics
Related obligations
- VICVIC planning permits (Planning and Environment Act 1987)Vic planning permits required for most development under Planning Schemes.
- VICVIC Environment Reference Standards (air, water, noise)Vic EPA assesses environmental performance against Environment Reference Standards.
- VICNotify VIC WorkSafe of notifiable WHS incidentsDeath, serious injury, illness or dangerous incident must be notified to WorkSafe immediately.
- VICPCBU primary duty of care (Victoria OHS Act s 21)Victorian employers must so far as reasonably practicable provide and maintain a safe working environment.
- VICMaintain VBA registration as builder / draftsperson / surveyorVIC building practitioners must hold current registration + appropriate insurance.
- VICPay Victorian land tax (including absentee owner surcharge)VIC land tax applies on aggregated taxable value above $50K (general) / $25K (trust); absentee owner +4% surcharge.
Frequently asked questions
- Who must comply with the General Environmental Duty (VIC)?
- Any person engaging in activities posing environmental risk in Victoria.
- What triggers the General Environmental Duty (VIC)?
- Conducting any activity that may give rise to environmental risk.
- When is the General Environmental Duty (VIC) due?
- Continuous.
- What is the maximum penalty for the General Environmental Duty (VIC)?
- Up to ~$1.66M for corporations; criminal aggravated breaches significantly higher
- What evidence is required for the General Environmental Duty (VIC)?
- Risk assessment, control plan, training records, monitoring data.
Source: https://epa.vic.gov.au/about-epa/laws/general-environmental-duty. Rules Mate is not a law firm. Always verify against the live regulator source before acting.