What notices can EPA Victoria issue?
A plain-English reference to the notices and orders EPA Victoria can issue. Last reviewed June 2026.
What notices can EPA Victoria issue?
Under the Environment Protection Act 2017, EPA Victoria's authorised officers can issue five types of remedial notice — an environmental action notice, an improvement notice, a notice to investigate, a prohibition notice, and a waste abatement notice. EPA also has a set of higher-level and longer-term tools, including verbal directions, site management orders, environmentally hazardous substances orders, enforceable undertakings and court orders. Each is a formal, enforceable direction requiring action within a set timeframe.
Whatever notice has been received, the response pattern is the same: read it carefully, identify the deadline, and ensure what it requires is done properly. Where a notice requires an environmental management plan, see Received an EPA notice? What to do next.
The five types of EPA remedial notice
1. Environmental action notice
An environmental action notice requires the recipient to act to clean up contamination, pollution or waste. It directs positive steps — for example, removing or remediating a contaminant or pollutant — to address harm or the risk of harm.
2. Improvement notice
An improvement notice requires the recipient to act to comply with the law, or to address likely harm. In practice this is the notice most often linked to a requirement to develop and implement an Environmental Management Plan (EMP), sometimes alongside supporting measures such as a risk-based site inspection system. It is a common first point of contact with EPA for businesses that have not previously dealt with the regulator.
3. Notice to investigate
A notice to investigate requires the recipient to investigate potential contamination, pollution or waste. Rather than directing an immediate fix, it requires the nature and extent of a problem to be established — typically as a precursor to deciding what remediation or controls are needed.
4. Prohibition notice
A prohibition notice requires the recipient to stop an activity until the risk of harm is addressed. It is used where an activity needs to cease — wholly or partly — until the underlying risk is brought under control. Because it can halt operations, a prohibition notice is among the most urgent to respond to.
5. Waste abatement notice
A waste abatement notice requires the recipient to remove waste, stop producing waste, or restore a place affected by waste. It targets waste-specific problems and the places they affect.
Verbal directions
An EPA authorised officer can also give a verbal direction on the spot where they reasonably believe there is an immediate risk of material harm to the environment or to a person's health or safety. The direction is confirmed in writing as soon as possible, and must be complied with.
Longer-term and higher-level instruments
Site management orders
A site management order places long-term controls on contaminated sites that carry an ongoing risk to human health and the environment. It may be issued to the owner or occupier and can require a financial assurance, the installation or maintenance of environmental controls, monitoring of contamination, and regular reporting. Current orders are published on EPA's Public Register. They can be reviewed by the Victorian Civil and Administrative Tribunal (VCAT) — an application must be made within 15 business days — and EPA can amend or revoke them on application (a fee applies).
Environmentally hazardous substances orders (EHSOs)
An EHSO is issued by the Governor in Council where a substance is highly hazardous or poses a serious risk of harm. An EHSO can prohibit a substance or require it to be managed or controlled, and sets requirements, conditions and standards of conduct. Current EHSOs cover polychlorinated biphenyls (PCBs) and organotin antifouling paint.
Enforceable undertakings
An enforceable undertaking is a voluntary but legally binding written agreement in which a business commits to specific actions to address an issue or offence. EPA can accept one instead of criminal prosecution or civil proceedings, and can take court action if it is not met. Enforceable undertakings are published on EPA's Public Register.
Court orders
Where EPA takes criminal or civil action, a court can make orders against a business or individual. These sit at the serious end of EPA's enforcement spectrum and follow legal proceedings rather than an officer's notice.
What to do on receiving any EPA notice or order
- Read it in full and identify exactly what it requires and the legal basis.
- Identify the deadline and diarise it — timeframes are enforceable.
- Avoid undocumented changes made in a hurry; stabilise obvious risk but record what is done.
- Obtain expert input early to scope a proper, on-time response.
- Understand the review rights. For remedial notices, it may be possible to apply for an internal review or to extend the time to comply; site management orders can be reviewed by VCAT.
Frequently asked questions
What are the types of EPA notices in Victoria?
EPA Victoria issues five remedial notices under the Environment Protection Act 2017: environmental action notice, improvement notice, notice to investigate, prohibition notice and waste abatement notice. It can also use verbal directions, site management orders, environmentally hazardous substances orders, enforceable undertakings and court orders.
What is the difference between an improvement notice and a prohibition notice?
An improvement notice requires action to comply with the law or address likely harm, while the business continues to operate. A prohibition notice requires an activity to stop until the risk of harm is addressed. A prohibition notice is generally the more urgent of the two because it can halt operations.
What is a waste abatement notice?
A waste abatement notice requires waste to be removed, waste production to stop, or a place affected by waste to be restored. It targets waste-specific issues.
Can an EPA notice be challenged or extended?
A notice must be complied with by the due date, but it may be possible to apply for an internal review of a remedial notice or to extend the time to comply. Site management orders can be reviewed by VCAT within 15 business days. The options that apply to the specific notice should be checked promptly.
Does an EPA notice mean an Environmental Management Plan is required?
Often, yes — particularly an improvement notice, which is commonly used to require a business to develop and implement an EMP. Even where a notice does not name an EMP, a documented plan is frequently the practical way to demonstrate the risk has been addressed.
Related reading: Received an EPA notice? What to do next · What is an EMP? · Do I need an EMP?
This article is general information, not legal advice. EPA guidance does not impose compliance obligations and is not a statement of the law. The specific notice should always be read in full and professional advice obtained for the circumstances.
