The COVID-19 Omnibus (Emergency Measures) Act 2020 was introduced in April 2020 to help Victorians manage during this challenging time. This included postponing new environment protection legislation that was intended to commence 1 July 2020.

The postponement of the commencement of the amended Environment Protection Act 2017 also meant postponing the making of the subordinate legislation, including the proposed regulations and ERS.

Proposed final versions of regulations and ERS released

To support duty holder and peer regulator readiness for the commencement of the amended Environment Protection Act 2017, the Government has released proposed final versions of the Regulations and ERS.

This will allow business, industry and local government more time to familiarise themselves with the detail of the new subordinate legislation and prepare for the commencement of the new laws in 2021.

The proposed final Regulations and ERS have not been made as legislation by the Governor in Council but they do reflect changes made based on feedback received during the 2019 consultation.

We are not seeking further feedback on the proposed final regulations as they represent the endorsed position of the Victorian Government.

The Response to public comment report is also now available. The report summarises the Government’s response to the key issues raised in submissions on the draft regulations, their incorporated documents and the ERS. It summarises key changes made and explains why other changes have not been made.

What has been published

Proposed final Regulations.

Proposed final versions of 5 EPA publications that will be incorporated in the regulations when they are made and support their operation can be found on EPA’s website.

Proposed final ERS.

The Response to public comment report (PDF 5MB).

For more information or to access the published documents visit https://www.epa.vic.gov.au/about-epa/laws/new-laws/subordinate-legislation

What happens next

Once the process to finalise the subordinate legislation is complete, the Government will release the final subordinate legislation.

Victoria’s new environment protection laws are now intended to commence in December 2021 (or earlier by proclamation) with the intended commencement date being 1 July 2021.

Submissions received

Submissions received

Use the Submission Index to find submissions that were received during the 2019 consultation. Submissions have been published with permission of the author. Where we have received advice from the author that they do not want their submission published, we have not included their submission below.
Submission Index - in numerical order
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SLR-0006-OPEC Systems
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Disclaimer: To the full extent permitted by law, EPA does not accept liability for any loss or damage suffered or for any claims whatsoever arising in any way from any party making a submission or any third party included, identified or named in a submission in any way or form.