Version No. 021
Environment Protection Act 2017
No. 51 of 2017
Version incorporating amendments as at
22 October 2025
TABLE OF PROVISIONS
Section Page
Chapter 1—Preliminary
1Purposes
2Commencement
3Definitions
4What is harm?
5What is material harm?
6The concept of minimising risks of harm to human health and the environment
7Application of Act
8Extraterritorial application of Act
9Simplified outlines
Chapter 2—Principles of environment protection
Part 2.1—Simplified outline
10Simplified outline—Chapter 2
Part 2.2—Application of this Chapter
11Specified principles of environment protection
12Effect of this Chapter
Part 2.3—Principles of environment protection
13Principle of integration of environmental, social and economic considerations
14Principle of proportionality
15Principle of primacy of prevention
16Principle of shared responsibility
17Principle of polluter pays
18Principle of waste management hierarchy
19Principle of evidence-based decision making
20Precautionary principle
21Principle of equity
22Principle of accountability
23Principle of conservation
Chapter 3—Duties relating to environment protection
Part 3.1—Simplified outline
24Simplified outline—Chapter 3
Part 3.2—General environmental duty
25General environmental duty
26Multiple contraventions of general environmental duty
27Aggravated breach of the general environmental duty
Part 3.4—Duties relating to pollution incidents
29Meaning of pollution incident
30Meaning of notifiable incident
31Duty to take action to respond to harm caused by pollution incident
32Duty to notify Authority of notifiable incidents
33Manner and form of notification of notifiable incidents
34Privilege against self-incrimination does not apply
Part 3.5—Duties relating to contaminated land
Division 1—Core concepts and application of Part
35What is contaminated land?
36Background level of waste or substances
37What is notifiable contamination?
38Act applies whenever land contaminated
Division 2—Duties relating to contaminated land
39Duty to manage contaminated land
40Duty to notify of contaminated land
41Manner and form of notification
42Privilege against self-incrimination abrogated
Chapter 4—Permissions
Part 4.1—Simplified outline
43Simplified outline—Chapter 4
Part 4.2—Permissions required for certain activities
44Development licences required for development activities
45Operating licences required for operating activities
46Permits required for permit activities
47Registration required for registration activities
48Determination that person does not require a permission
Part 4.3—General provisions relating to permissions
49Application of this Part
49ADefinition
50Form and contents of applications
50ANotice and payment of additional application fees
51Authority may deal with application after expiry of determination period
51AAuthority or council may require additional information
51BTiming for consideration of application if more information required
52Notice of applications for development licences to be published
52AAuthority may refuse certain applications inconsistent with Victorian Recycling Infrastructure Plan
53Authority must develop Charter of Consultation
54Permission conditions
55Permission fees
56Transfer of licence or permit
57Amendment of licence or permit on application
58Amendment of permission on initiative of Authority or council
59Surrender or revocation of permissions on application
60Suspension of permission
61Revocation of permission on Authority or council's initiative
62Complying with permission
63Breach of permission conditions—indictable offence
64Breach of prescribed permission conditions
65Continuing effect of conditions
66Fit and proper persons
67Priority waste and landfill facilities
68Exemptions for transporting reportable priority waste
Part 4.4—Licences
Division 1—Development licences
69Development licences
70Joint publication
71Conditions of development licences
72Extension of term of development licences
73Statement as to whether activity specified in development licence completed
Division 2—Operating licences