Received an EPA Notice in Victoria? What to Do Next

A calm, step-by-step guide for Victorian businesses that have just received an EPA notice. Last reviewed June 2026.

You've received an EPA notice. What now?

First, don't panic — but don't ignore it either. An EPA notice is a formal direction from EPA Victoria that usually requires you to take specific action within a set timeframe. Many notices require the business to develop and implement an Environmental Management Plan (EMP) to bring its environmental risks under control. The right response is methodical: read the notice carefully, work out exactly what it requires and by when, and get expert input early so your response is correct and on time. With the right help, a notice is a manageable process — not a crisis.

If you would rather not work it out alone, Automated Environmental helps Victorian businesses respond to EPA notices and prepare the EMP they call for, scoped to the notice's deadline. The initial consultation is free, and the steps below explain what to do either way.

What an EPA notice means

Under the Environment Protection Act 2017, EPA Victoria can issue formal notices and orders requiring a business to act — to investigate an issue, fix a problem, stop an activity, or put proper risk-management systems in place. EPA's authorised officers most commonly use remedial notices, of which there are five named types:

• Environmental action notice — requires action to clean up contamination, pollution or waste.
• Improvement notice — requires action to comply with the law or to address likely harm. This is the notice most often tied to a requirement to develop and implement an environmental management plan.
• Notice to investigate — requires investigation of potential contamination, pollution or waste.
• Prohibition notice — requires an activity to stop until the risk of harm is addressed.
• Waste abatement notice — requires waste to be removed, waste production to stop, or an affected place to be restored.

An authorised officer can also give a verbal direction where they reasonably believe there is an immediate risk of material harm; it is confirmed in writing as soon as possible and must be complied with. EPA also has longer-term and higher-level tools — site management orders, environmentally hazardous substances orders, enforceable undertakings and court orders. For a full breakdown of each, see EPA notices explained: the five types and what each requires.

Importantly, EPA can require an EMP through a notice even if your business has never held an EPA permission. Receiving a notice is one of the most common reasons a Victorian business first needs to prepare an EMP.

What to do first — a calm, ordered response

1. Read the whole notice. Identify exactly what it requires, the legal basis cited, and — critically — the deadline. Note any requirement to develop a plan, investigate, or report back.
2. Diarise the deadline immediately. Timeframes in notices are real and enforceable. Plan your response by working backwards from the deadline.
3. Avoid hurried, undocumented changes. Stabilise any obvious immediate risk, but resist ad-hoc fixes that aren't recorded — your response needs to be documented.
4. Gather the relevant information. Site details, operations, any permissions held, emissions and waste streams, monitoring data and incident history.
5. Get expert input early. An environmental consultant can interpret the notice, scope the work to fit the deadline, and prepare a plan that satisfies what EPA is asking for. The earlier this happens, the more options you have.
6. Respond and keep records. Deliver what the notice requires, on time, and keep evidence of what was done and when.

Why an EMP is usually what's required

When a notice tells you to "develop and implement an environmental management plan," it is asking for the documented system described in What is an EMP? — a plan that identifies the hazards, assesses the risks, sets out the controls that reduce them so far as reasonably practicable, and describes how performance is monitored. A generic template won't meet that standard. A properly prepared, site-specific EMP both satisfies the regulator and reduces the chance of a repeat problem.

What happens if you ignore it?

Ignoring an EPA notice is the worst option. Failing to comply can lead to escalated enforcement and significant penalties under the Environment Protection Act 2017. Responding properly and on time is almost always faster, cheaper and less disruptive than dealing with the consequences of non-compliance.

Getting help with your response

If your notice requires an EMP — or you're not certain what it requires — the most useful thing you can do is talk it through with someone who handles these regularly. Automated Environmental has helped Victorian operators interpret EPA notices, scope the work to the deadline, and prepare the EMP the notice calls for. The initial consultation is free and there's no obligation — and given the deadlines involved, it's worth doing sooner rather than later. Get in touch here, or call 1300 39 00 39 to talk to someone directly.

Frequently asked questions

What are the types of EPA notices in Victoria?

EPA Victoria issues five types of remedial notice under the Environment Protection Act 2017: an environmental action notice (clean up), an improvement notice (act to comply or address likely harm), a notice to investigate, a prohibition notice (stop an activity), and a waste abatement notice. It can also use verbal directions, site management orders, environmentally hazardous substances orders, enforceable undertakings and court orders.

What does an EPA improvement notice require?

It depends on the notice, but improvement notices commonly require a business to take specific corrective action within a set timeframe — frequently including developing and implementing an Environmental Management Plan and supporting systems. Always check the specific notice and its stated deadline.

How long do I have to respond to an EPA notice?

The timeframe is set out in the notice itself and is enforceable. Identify the deadline first and plan your response by working backwards from it.

Can EPA require an EMP from a business that doesn't hold a licence?

Yes. EPA can require an environmental management plan through a notice regardless of whether the business holds an EPA permission, because the underlying General Environmental Duty applies to all businesses.

Related reading: What is an EMP? · Do I need an EMP? · EPA notices explained

This article is general information, not legal advice. EPA guidance does not impose compliance obligations and is not a statement of the law. Always read the specific notice in full and obtain professional advice for your circumstances.