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
Every business and household in Victoria whose activities create a risk of harm to human health or the environment from pollution or waste. EPA Victoria expects businesses to follow a documented risk management process; households are not required to, though EPA notes their collective impact can be significant.
What triggers it
Conducting any activity in Victoria that creates a risk of harm from pollution or waste — for example storing chemicals, generating, storing or transporting waste, or operating plant that emits to air, water or land.
When due
Continuous. Risks must be identified and controlled before harm occurs, and controls reviewed whenever activities, waste streams or equipment change.
Evidence required
Risk register identifying pollution and waste hazards for each activity; record of controls chosen and why they are reasonably practicable; waste stream inventory and handling, storage and disposal procedures; maintenance and inspection records for plant and storage areas; staff training records; any permission held and its conditions; use of an applicable compliance code.
Max penalty
EPA Victoria states there are significant penalties for businesses that do not meet the general environmental duty; the Act includes a range of offences with significant criminal and civil penalties and gives courts civil remedies and compensation orders. Penalty amounts are set in the Act — check the current figure with EPA Victoria
Who must comply with this? The applicability test by industry, business structure and size.
Summary
Section 25 of the Environment Protection Act 2017 (Vic) imposes the general environmental duty (GED): anyone engaging in an activity that could cause harm to human health or the environment from pollution or waste must eliminate or otherwise reduce those risks so far as reasonably practicable. It is a preventive, risk-based duty that applies at all times, not only after harm occurs, and it is one of the 13 duties in the Act alongside the contaminated land, waste, pollution-response and noise duties. The Act is administered by EPA Victoria together with the Environment Protection Regulations 2021. Permissions (licences, permits and registrations required for Schedule 1 activities) work alongside the GED rather than replacing it, and compliance codes and other general standards show how the duty can be met. The approach mirrors the 'reasonably practicable' test familiar from work health and safety law.
Enforced by
Source legislation
Topics
Related
- VICVIC Environment Reference Standards (air, water, noise)Vic EPA assesses environmental performance against Environment Reference Standards.
- VICVIC planning permits (Planning and Environment Act 1987)Vic planning permits required for most development under Planning Schemes.
- VICNotify VIC WorkSafe of notifiable WHS incidentsDeath, serious injury, illness or dangerous incident must be notified to WorkSafe immediately.
- VICMaintain VBA registration as builder / draftsperson / surveyorVIC building practitioners must hold current registration + appropriate insurance.
- 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.
- 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.
Reading
Frequently asked questions
- Who must comply with the General Environmental Duty (VIC)?
- Every business and household in Victoria whose activities create a risk of harm to human health or the environment from pollution or waste. EPA Victoria expects businesses to follow a documented risk management process; households are not required to, though EPA notes their collective impact can be significant.
- What triggers the General Environmental Duty (VIC)?
- Conducting any activity in Victoria that creates a risk of harm from pollution or waste — for example storing chemicals, generating, storing or transporting waste, or operating plant that emits to air, water or land.
- When is the General Environmental Duty (VIC) due?
- Continuous. Risks must be identified and controlled before harm occurs, and controls reviewed whenever activities, waste streams or equipment change.
- What is the maximum penalty for the General Environmental Duty (VIC)?
- EPA Victoria states there are significant penalties for businesses that do not meet the general environmental duty; the Act includes a range of offences with significant criminal and civil penalties and gives courts civil remedies and compensation orders. Penalty amounts are set in the Act — check the current figure with EPA Victoria
- What evidence is required for the General Environmental Duty (VIC)?
- Risk register identifying pollution and waste hazards for each activity; record of controls chosen and why they are reasonably practicable; waste stream inventory and handling, storage and disposal procedures; maintenance and inspection records for plant and storage areas; staff training records; any permission held and its conditions; use of an applicable compliance code.
Source: https://www.epa.vic.gov.au/general-environmental-duty. Rules Mate is not a law firm. Always verify against the live regulator source before acting.