Guide 4 of 5 · Victoria NSW
Reporting a pollution incident in Victoria and NSW
In both states, a pollution incident that causes or threatens material harm has to be reported by the people responsible for it. Victoria’s Environment Protection Act 2017 requires a report to EPA Victoria “as soon as practicable” under section 32. In NSW, the NSW EPA’s FAQ on Part 5.7 of the POEO Act, written for changes that began in February 2012 and last updated on 14 July 2021, says notification must be made “immediately” to every relevant authority; check the NSW EPA’s current pages before relying on it.
General information about Victorian and NSW law only, not legal advice. This guide rests on EPA Victoria’s pages on the section 32 duty and the NSW EPA’s pages on the duty to notify, which are paraphrased. EPA Victoria and the NSW EPA are the official places to check.
If people or property are in immediate danger, the NSW EPA says to call 000 first: Fire and Rescue NSW, NSW Police and NSW Ambulance are the first responders. It adds that the decision on whether to notify should not delay keeping people safe or containing the incident, and that it “should be made as soon as it is safe to do so”.
Victoria and NSW, side by side
| Question | Victoria (section 32) | NSW (Part 5.7, POEO Act) |
|---|---|---|
| What counts | A “notifiable incident”: “pollution from a leak, spill or escape of a substance which is not intended or authorised” that harms or is likely to harm human health or the environment. A noise-only incident is outside the duty. | A pollution incident with an actual or likely risk of material harm to the environment, as the Act defines it. |
| Material harm | Harm that “impacts human health or the environment in a way that is not negligible”, that “impacts an area of high conservation value or special significance”, or that costs or is likely to cost “$10,000 or more” to prevent, minimise or restore. | Under section 147, as the NSW EPA’s FAQ (last updated 14 July 2021) quotes it: actual or potential harm to people’s health or safety, or to ecosystems, that is not trivial; or actual or potential loss or property damage over $10,000 (or another amount set by regulation), counting the reasonable costs of preventing, mitigating or making good the harm. |
| How fast | “As soon as practicable” after becoming aware of it, or when the person reasonably should have been aware. | “Immediately”, which the EPA’s FAQ (last updated 14 July 2021) says simply means promptly and without delay. Details not yet known are given once they are. Check the NSW EPA’s current pages before relying on this. |
| Who must report | The person who caused the incident or is responsible, unless they know someone else has told EPA Victoria. The duty also covers people who should know, such as managers and business owners, and a business whose contractor does the activity still has a responsibility to report. | Anyone engaged in the activity that caused it. The occupier of the land where it happens must also report, and the EPA says failing to do so is an offence that carries a fine. |
| Who is told | EPA Victoria, through its 24-hour pollution hotline on 1300 372 842. | All the relevant authorities. The EPA’s FAQ, written for changes that began in February 2012 and last updated on 14 July 2021, lists them as: the appropriate regulatory authority (usually the EPA or the local council), the EPA if it is not that authority, the Ministry of Health, SafeWork NSW, the local council if it is not that authority, and Fire and Rescue NSW. That list may not reflect later changes to the law, so check the current list with the NSW EPA. The EPA’s reporting page tells a licence holder to call the EPA on 131 555 and anyone else to call the local council. |
Victoria’s page is explicit on three points. The report is required even when the incident is contained to the site, even if it puts the business at risk of legal action, and even if actual harm has not yet happened. EPA Victoria also says that if more than one person is involved, at least one must report, and “If no one reports the incident, then everyone has failed to meet their duty.”
Victoria What EPA Victoria asks for
When the hotline is called, EPA Victoria asks for:
- “your contact details
- your business name and address
- the date, time and location of the incident
- the type of incident it was – such as a spill, leak, escape or fire
- what caused the incident
- the volume you estimate was released
- what you think the impact may be on human health and the environment
- how you’re managing the incident.”
EPA Victoria, Report a pollution incident
A permission ID is needed if the incident happened during a prescribed activity. EPA Victoria then emails a notification form, which must be completed and returned within 5 business days. It reviews new reports 7 days a week.
Businesses must also report any breach of their permission conditions.
NSW What the notification must contain
Section 150 of the POEO Act, as the NSW EPA’s FAQ (last updated 14 July 2021) summarises it, asks for the time, date, nature, duration and location of the incident; where pollution is occurring or likely to; the nature, estimated quantity or volume and concentration of the pollutants, if known; the circumstances and cause, if known; the action taken or proposed, if known; and anything else the regulations prescribe. Check the NSW EPA’s current pages for the latest requirements.
Calling 000 does not replace the other notifications: each relevant authority still has to be told, and given all the information available, even if the caller believes it need not attend.
The EPA can also formally direct a person to tell neighbours, whether commercial, industrial or residential, what happened and what is being done about it. Not complying with that direction is an offence.
After the report
In NSW, an investigation can take weeks, months or longer. EPA officers collect evidence such as documents, photographs, samples and records of interview, and if it prosecutes, the EPA lays charges in either the Land and Environment Court or the Local Court.
In Victoria, EPA Victoria’s advice after an incident or near miss is to check that controls are working as planned and, where they are not, to find out why and act. That is the same reasoning as the general environmental duty. In NSW, licence holders prepare for incidents ahead of time in their response plans; see NSW environment protection licences.