Do I Need an Environmental Management Plan (EMP)?

A checklist for Victorian businesses. Last reviewed June 2026.

Do I need an Environmental Management Plan?

A business is likely to need an Environmental Management Plan (EMP) if it does anything that could pose a real risk of harm to human health or the environment from pollution or waste — and especially if it holds an EPA permission, has received an EPA notice, or manages contaminated land or industrial waste. In Victoria, an EMP is how a business demonstrates it is meeting its General Environmental Duty under the Environment Protection Act 2017.

The quick test: if a business holds an EPA permission, holds a Commonwealth EPBC approval, manages contaminated land or industrial waste, or runs any operation with genuine environmental risk, an EMP is generally relevant.

The five triggers — work through this checklist

1. Holding an EPA permission (licence, permit or registration)

EPA Victoria regulates higher-risk activities through a three-tier permissions scheme: licences, permits and registrations. Conditions on these permissions routinely require the holder to document how risk is being managed — typically through a Risk Management and Monitoring Program, which sits on the same framework as an EMP. Sectors that commonly hold EPA permissions include waste and resource recovery, landfill, water and sewage, rendering and abattoirs, dairy and food and beverage, chemical works, fuel storage, quarrying and extractive industries, and a wide range of manufacturers and air emitters.

2. Holding a Commonwealth EPBC approval

Where a project was approved under the Commonwealth Environment Protection and Biodiversity Conservation (EPBC) Act, the approval conditions commonly require management plans that must be complied with for the entire life of the approval. Breaching those conditions can carry civil or criminal penalties. This is common for infrastructure, energy, water, and large land or resource projects, often across multiple sites.

3. Having a General Environmental Duty to manage (almost every business)

The General Environmental Duty (GED) applies to every Victorian business whose activities could harm human health or the environment through pollution or waste. The law requires those risks to be reduced "so far as reasonably practicable" — and a documented EMP is the clearest way to show that this is being done. Many businesses do not realise the duty applies to them until an incident occurs or a regulator asks the question.

4. Managing contaminated land

Where a site is contaminated, formerly industrial, or has fuel storage or underground tanks, there may be duties to manage and minimise risks of harm, and to notify EPA of certain contamination. A management plan is the standard way to set out how this is done.

5. Producing, handling or transporting industrial waste

Businesses that generate, store, handle or move industrial waste carry specific duties under the Environment Protection Regulations 2021. An EMP helps document how those duties are met as part of overall risk management.

Quick self-check

If the answer to any of these is "yes" or "not sure", an EMP is worth looking into:

• Does the business hold an EPA licence, permit or registration?
• Has EPA ever issued the business a notice, warning or improvement notice?
• Does the operation emit to air, discharge to water or stormwater, or generate trade or industrial waste?
• Is the site contaminated, former-industrial, or does it store fuel or chemicals?
• Could a neighbour, waterway or the broader environment be affected if something went wrong on site?

"Not sure" effectively counts as a "yes" for the purpose of seeking advice — the cost of finding out is far lower than the cost of an EPA enforcement action.

"But no one has said one is needed"

This is the most common — and most risky — position. Under the post-2021 framework, the onus is on the business to identify and manage its risks, not on the regulator to spell it out first. The General Environmental Duty applies whether or not anyone has been in contact. Many businesses only discover the gap when an incident, a complaint or an EPA notice forces the issue.

Frequently asked questions

Do small businesses need an EMP?

Possibly. The General Environmental Duty applies to businesses of all sizes. A small, low-risk business may need only a concise plan — but if it creates a genuine risk of pollution or waste harm, the duty still applies. The plan should be proportionate to the risk.

Is an EMP needed if no EPA notice has been received?

Potentially, yes. The duty to minimise environmental risk applies at all times, regardless of whether EPA has been in contact. An EMP is the way a business demonstrates compliance proactively rather than reactively.

An EPA improvement notice has asked for an EMP — what does that mean?

This is a common trigger. The business will generally need to develop and implement an EMP within the timeframe the notice sets. See: Received an EPA notice in Victoria? What to do next.

How can a business confirm whether it needs one?

The most reliable way is to have an environmental specialist review the business's activities, permissions and site against the obligations in the Act.

Related reading: What is an Environmental Management Plan? · Where to get an EMP in Victoria

This article is general information, not legal advice. Professional advice should be obtained for specific circumstances.