Who must comply with the General Environmental Duty (VIC)?
The applicability test for Comply with the General Environmental Duty (VIC) (EPA Victoria), computed across 35 industries, 9 business structures and 6 size bands.
Short answer: Every business
The Victorian general environmental duty applies to every business activity that could cause harm from pollution or waste.
What the obligation is
Victorian PCBUs must take 'reasonably practicable' steps to minimise harm to human health and the environment.
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.
The applicability test
The Victorian general environmental duty applies to every business activity that could cause harm from pollution or waste.
How the regulator frames it: 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.
Jurisdiction: Victoria law only. A business with no operations in VIC is outside it, whatever the rest of the test says.
Which industries are in or out
Outcome across the 35 industries Rules Mate maps (35 of 35: yes).
The answer is the same in every industry: yes. Industry does not change who must comply.
Business structure and size
Structure does not change the answer across all industries: for every structure the answer is "yes".
Size does not change the answer across all industries: at every size band the answer is "yes".
Worked examples
Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:
- Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: applies. The Victorian general environmental duty applies to every business activity that could cause harm from pollution or waste.
What you must do, and when
- When due
- Continuous. Risks must be identified and controlled before harm occurs, and controls reviewed whenever activities, waste streams or equipment change.
- Frequency
- Ongoing
- Evidence to keep
- 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.
- Status
- Current
- Priority
- High
Penalty for not complying
Maximum 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.
Criminal liability
Audit or assurance level
Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.
Where it sits in the corpus
Rules Mate tracks 13 published obligations tagged "environment", 4 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 1 of those apply outright. This obligation is rated high priority and carries criminal liability, and is an ongoing duty.
Regulator, legislation and tools
Regulated by Victorian Environment Protection Authority.
EPA Victoria: Victorian environment regulator under the new general environmental duty (Environment Protection Act 2017).
Free tools that help with this obligation:
Questions
- Who must comply with the General Environmental Duty (VIC)?
- The Victorian general environmental duty applies to every business activity that could cause harm from pollution or waste.
- Do sole traders need to comply with the General Environmental Duty (VIC)?
- Yes. Across every industry and every size band, the engine's answer for a sole trader is: yes.
- Do businesses with 1–5 employees need to comply with the General Environmental Duty (VIC)?
- Yes (1–5 employees, turnover $100K–$1M).
- When is "Comply with 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.
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.