VIC Environment Reference Standards (air, water, noise)
Vic EPA assesses environmental performance against Environment Reference Standards.
Who must comply
Businesses applying to EPA Victoria for a development licence, operating licence, pilot project licence, licence exemption or permit to discharge or deposit waste to an aquifer; proponents preparing impact assessments; environmental auditors; and councils assessing planning permits and onsite wastewater exemptions where environmental values may be affected.
What triggers it
Applying for an EPA permission, commissioning a preliminary risk screening assessment or environmental audit, or proposing a development whose impact on air, sound, land or water values a decision maker must assess.
When due
When preparing and lodging a permission application or undergoing an environmental audit; the general environmental duty applies continuously. The ERS itself must be reviewed every 10 years and can be amended earlier.
Evidence required
Assessment of the proposal's impact on the relevant ERS environmental values and objectives; measures taken to meet the general environmental duty, including best available techniques and technologies; monitoring data for the relevant indicators; environmental audit or risk screening reports that consider the ERS.
Max penalty
The ERS sets no enforceable limits, so it carries no penalty of its own. The general environmental duty does: EPA Victoria states there are significant penalties if businesses do not meet it, and EPA weighs the potential impact on ERS values when deciding a permission application
Summary
The Environment Reference Standard (ERS), made under the Environment Protection Act 2017 (Vic) in 2021, identifies the environmental values Victorians want to achieve and maintain for four elements of the environment (ambient air, ambient sound, land, and surface water and groundwater) and sets measurable indicators and objectives for each; the carbon monoxide objective for ambient air, for example, is 9.0 parts per million. The ERS is a benchmark for decisions, not a compliance limit: it does not create obligations or set levels it is acceptable to pollute up to. EPA Victoria must apply it when deciding development, operating and pilot project licences and aquifer discharge permits, and environmental auditors must consider it. For a business, the ERS shapes how its permission applications and audits are assessed, while the enforceable duty remains the general environmental duty.
Enforced by
Source legislation
Topics
Related
- VICVIC planning permits (Planning and Environment Act 1987)Vic planning permits required for most development under Planning Schemes.
- VICComply with the General Environmental Duty (VIC)Victorian PCBUs must take 'reasonably practicable' steps to minimise harm to human health and the environment.
- 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.
Frequently asked questions
- Who must comply with VIC Environment Reference Standards (air, water, noise)?
- Businesses applying to EPA Victoria for a development licence, operating licence, pilot project licence, licence exemption or permit to discharge or deposit waste to an aquifer; proponents preparing impact assessments; environmental auditors; and councils assessing planning permits and onsite wastewater exemptions where environmental values may be affected.
- What triggers VIC Environment Reference Standards (air, water, noise)?
- Applying for an EPA permission, commissioning a preliminary risk screening assessment or environmental audit, or proposing a development whose impact on air, sound, land or water values a decision maker must assess.
- When is VIC Environment Reference Standards (air, water, noise) due?
- When preparing and lodging a permission application or undergoing an environmental audit; the general environmental duty applies continuously. The ERS itself must be reviewed every 10 years and can be amended earlier.
- What is the maximum penalty for VIC Environment Reference Standards (air, water, noise)?
- The ERS sets no enforceable limits, so it carries no penalty of its own. The general environmental duty does: EPA Victoria states there are significant penalties if businesses do not meet it, and EPA weighs the potential impact on ERS values when deciding a permission application
- What evidence is required for VIC Environment Reference Standards (air, water, noise)?
- Assessment of the proposal's impact on the relevant ERS environmental values and objectives; measures taken to meet the general environmental duty, including best available techniques and technologies; monitoring data for the relevant indicators; environmental audit or risk screening reports that consider the ERS.
Source: https://www.epa.vic.gov.au/environment-reference-standard. Rules Mate is not a law firm. Always verify against the live regulator source before acting.