{"id":"environment-effects-act-1978","name":"Environment Effects Act 1978","slug":"environment-effects-act-1978","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176339,"registerId":"vic-environment-effects-act-1978-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environment Effects Act 1978","content":"Version No. 027\n\n**Environment Effects Act 1978**\n\n**No. 9135 of 1978**\n\nVersion incorporating amendments as at  \n14 November 2025\n\n**table of provisions**\n\n*Section Page*\n\n1 Short title and commencement 1\n\n2 Definitions 1\n\n3 Works to which this Act applies 3\n\n4 Environment Effects Statement 3\n\n5 The Minister may call for supplementary statement 4\n\n6 The Minister may call for a statement 4\n\n8 Advice of Minister as to whether statement required 5\n\n8A No decision to be made on works until advice given 6\n\n8B Advice of Minister 6\n\n8C Decisions not to be made and works not to proceed until assessment considered 7\n\n8D Timeframes for decisions on works changed 8\n\n8E Statement may be required if conditions not complied with 9\n\n8F Only certain planning decisions affected 9\n\n8G Secretary to give advice and assistance 10\n\n9 Minister may cause inquiries to be held 10\n\n10 Guidelines 11\n\n10A Regulations 12\n\n11 Transitional provision—Environment Effects (Amendment) Act 2005 13\n\nEndnotes 15\n\n1 General information 15\n\n2 Table of Amendments 17\n\n3 Explanatory details 19\n\n**Version No.** **027**\n\n**Environment Effects Act 1978**\n\n**No. 9135 of 1978**\n\nVersion incorporating amendments as at  \n14 November 2025\n\nAn Act to require the Environmental Effects of certain Works to be assessed, and for other purposes.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\n\t1 Short title and commencement\n\n(1) This Act may be cited as the **Environment Effects Act 1978**.\n\n(2) This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.\n\nS. 2  \namended by No. 46/1998 s. 7(Sch. 1) (ILA s. 39B(1)).\n\n\t2 Definitions\n\n(1) In this Act unless inconsistent with the context or subject-matter—\n\nS. 2(1) def. of *Director* repealed by No. 10087 s. 3(1)(Sch. 1 item 54(a)).\n\n* * * * *\n\n***proponent*** means the person or body who is carrying out or proposing to carry out any works;\n\nS. 2(1) def. of *public works* amended by Nos 12/1989 s. 4(1)(Sch. 2 item 36.1), 111/1994 s. 4(a).\n\n***public works*** means works undertaken or proposed to be undertaken (whether commenced before, on or after the commencement of the **Environment Effects (Amendment) Act 1994**), by or on behalf of the Crown or for public statutory bodies but does not include works undertaken by or on behalf of municipal councils;\n\n***relevant Minister*** means in respect of any works or proposed works, the Minister concerned with the undertaking of those works;\n\nS. 2(1) def. of *report* repealed by No. 111/1994 s. 4(b).\n\n* * * * *\n\nS. 2(1) def. of *Secretary* inserted by No. 10087  \ns. 3(1)(Sch. 1 item 54(b)), amended by Nos 46/1998 s. 7(Sch. 1), 23/1999 s. 4, substituted by No. 86/2005 s. 3(1).\n\n***Secretary*** means the body corporate established by Part 2 of the **Conservation, Forests and Lands Act 1987**;\n\n***statement*** means Environment Effects Statement;\n\nS. 2(1) def. of *the Minister* amended by No. 10087  \ns. 3(1)(Sch. 1 item 54(c)), repealed by No. 46/1998 s. 7(Sch. 1).\n\n* * * * *\n\nS. 2(2) inserted by No. 46/1998 s. 7(Sch. 1), amended by Nos 23/1999 s. 4, 108/2004 s. 117(1) (Sch. 3 item 67), repealed by No. 86/2005 s. 3(2).\n\n* * * * *\n\nS. 3 substituted by No. 111/1994 s. 5.\n\n\t3 Works to which this Act applies\n\n(1) This Act applies to works that are declared to be public works for the purposes of this Act by Order of the Minister published in the Government Gazette.\n\nS. 3(2) amended by No. 86/2005 s. 4(1).\n\n(2) The Minister must not make an Order in respect of works under subsection (1) unless the Minister is satisfied that the works could reasonably be considered to have or to be capable of having a significant effect on the environment.\n\nS. 3(3) inserted by No. 86/2005 s. 4(2).\n\n(3) The Minister must specify in an Order under subsection (1) the procedures and requirements under the guidelines that are to apply to a statement for the works.\n\n\t4 Environment Effects Statement\n\nS. 4(1) substituted by No. 111/1994 s. 6(1).\n\n(1) Before commencing any public works to which this Act applies, the proponent must cause an Environment Effects Statement to be prepared and submit it to the Minister for the Minister's assessment of the environmental effects of the works.\n\nS. 4(2) amended by No. 111/1994 s. 6(2)(a)(i).\n\n(2) A copy of the statement shall be submitted to the relevant Minister by the proponent.\n\nS. 4(3) amended by No. 111/1994 s. 6(2)(a)(ii).\n\n(3) A statement under this Act shall be prepared and submitted at the expense of the proponent of the works.\n\nS. 4(4) amended by Nos 10087  \ns. 3(1)(Sch. 1 item 55), 111/1994  \ns. 6(2)(a)(ii), repealed by No. 86/2005 s. 5, new s. 4(4) inserted by No. 43/2025 s. 69.\n\n(4) The proponent must pay the prescribed fee (if any) to the Minister before the Minister assesses the environmental effects of the works referred to in subsection (1).\n\nS. 5 amended by No. 111/1994 s. 6(2)(b), substituted by No. 86/2005 s. 6.\n\n\t5 The Minister may call for supplementary statement\n\n(1) The Minister may at any time call for a supplementary statement containing any additional information that he or she considers necessary for the making of his or her assessment.\n\n(2) The proponent must cause the supplementary statement to be prepared and submitted to the Minister.\n\n(3) The proponent must cause a copy of the supplementary statement to be submitted to the relevant Minister.\n\n(4) A supplementary statement under this section is to be prepared and submitted at the expense of the proponent of the works.\n\nS. 5(5) inserted by No. 43/2025 s. 70.\n\n(5) The proponent must pay the prescribed fee (if any) to the Minister before the Minister completes the assessment referred to in subsection (1).\n\n\t6 The Minister may call for a statement\n\nS. 6(1) substituted by No. 111/1994 s. 6(3).\n\n(1) In any case where a statement has not been submitted to the Minister, the Minister may call for the statement.\n\nS. 6(2) amended by No. 111/1994 s. 6(4)(a).\n\n(2) In any case where a statement has been submitted to the Minister no works referred to therein shall be commenced or proceeded with until the assessment of the Minister with regard to the environmental effects has been considered by the relevant Minister.\n\n(3) The Minister shall provide the assessment as soon as reasonably practicable in the circumstances of the case.\n\nS. 7 repealed by No. 111/1994 s. 6(4)(b).\n\n* * * * *\n\nS. 8  \namended by Nos 10087 s. 3(1)(Sch. 1 item 55), 45/1987 s. 205  \n(Sch. item 18), 81/2004 s. 46, substituted by No. 86/2005 s. 7.\n\n\t8 Advice of Minister as to whether statement required\n\n(1) If a person or body (the ***relevant decision-maker***) is required by any Act or law to make a decision in respect of works that could have a significant effect on the environment, the relevant decision-maker may seek the advice of the Minister as to whether a statement should be prepared for the works.\n\n(2) The relevant decision-maker must seek the advice of the Minister under subsection (1) if requested to do so by the Minister responsible for the administration of the Act or law under which the decision is made.\n\n(3) A proponent of works that could have a significant effect on the environment may seek the advice of the Minister as to whether a statement should be prepared for the works.\n\n(4) If the Minister considers that a decision is required by an Act or law in respect of works that could have a significant effect on the environment, the Minister may by notice in writing, require the person or body required to make that decision (the ***relevant decision-maker***) to refer the matter to the Minister for advice as to whether a statement should be prepared for the works.\n\nS. 8A inserted by No. 86/2005 s. 7.\n\n\t8A No decision to be made on works until advice given\n\nIf a matter comes to the Minister for advice under section 8, the Minister may, by notice in writing to the relevant decision-maker and any other person or body authorised under an Act or law to make a decision with respect to the works, direct the relevant decision-maker or the person or body not to make that decision until the Minister has given advice in respect of the works under section 8B.\n\nS. 8B inserted by No. 86/2005 s. 7.\n\n\t8B Advice of Minister\n\n(1) This section applies if a matter comes to the Minister for advice under section 8.\n\n(2) The Minister may by notice in writing require any relevant decision-maker or proponent of the works to provide the Minister with any information that the Minister reasonably requires to decide whether a statement should be prepared for the works.\n\n(3) The Minister must decide whether—\n\n(a) a statement should be prepared for the works; or\n\n(b) a statement is not required for the works if conditions specified by the Minister are met; or\n\n(c) a statement is not required for the works.\n\n(4) On making a decision under subsection (3), the Minister must—\n\n(a) by notice in writing advise the proponent of the works, and any relevant decision-maker from whom the matter has come to the Minister for advice under section 8—\n\n(i) that a statement should be prepared for the works; or\n\n(ii) that a statement is not required for the works if conditions specified by the Minister are met; or\n\n(iii) that a statement is not required for the works; and\n\n(b) give to that relevant decision-maker any other advice or assistance the Minister thinks fit to enable a decision to be made.\n\n(5) A notice under subsection (4)(a)(i) must specify the procedures and requirements under the guidelines that are to apply to the statement.\n\n(6) The Minister must also give the notice under subsection (4)(a) to each person or body to whom a direction is given under section 8A in respect of the works.\n\nS. 8B(7) amended by No. 43/2025 s. 71(1).\n\n(7) If the Minister gives a notice under subsection (4)(a)(i) in relation to works, the works are taken to be public works to which this Act applies.\n\nS. 8B(8) inserted by No. 43/2025 s. 71(2).\n\n(8) If the Minister has given a notice under subsection (4)(a)(ii) to the proponent of the works, the proponent must pay the prescribed fee (if any) to the Minister before the Minister determines under section 8E whether the conditions specified by the Minister in the notice are met.\n\nS. 8C inserted by No. 86/2005 s. 7.\n\n\t8C Decisions not to be made and works not to proceed until assessment considered\n\n(1) If the Minister gives a notice under section 8B to a person or body (other than the proponent) advising that a statement should be prepared for works—\n\n(a) the works must not proceed; and\n\n(b) no decision can be made under an Act or law by that person or body in relation to the works until—\n\n(i) the proponent has caused the statement to be prepared and submitted to the Minister for the Minister's assessment of the environmental effects of the works; and\n\n(ii) the assessment has been considered by that person or body.\n\n(2) Sections 4(3), 5, 6(1) and 6(3) apply to the preparation of a statement referred to in subsection (1).\n\nS. 8C(3) inserted by No. 43/2025 s. 72.\n\n(3) The proponent must pay the prescribed fee (if any) to the Minister before the Minister assesses the environmental effects of the works referred to in subsection (1).\n\nS. 8D inserted by No. 86/2005 s. 7.\n\n\t8D Timeframes for decisions on works changed\n\n(1) If—\n\n(a) the Minister gives a notice under section 8B to a person or body (other than the proponent) advising that a statement should be prepared for works; and\n\n(b) the person or body is required under an Act or law to make a decision in respect of those works by a particular date—\n\nthen, subject to section 8C(1)(b), for the purpose of that Act or law that date is deemed to be the later of the following dates—\n\n(c) the date that is one month after the person or body receives the Minister's assessment of the statement;\n\n(d) the date that is one month after the particular date.\n\n(2) If—\n\n(a) the Minister gives a notice under section 8B to a person or body (other than the proponent) advising that a statement is not required for works; and\n\n(b) the person or body is required under an Act or law to make a decision in respect of those works by a particular date—\n\nthen for the purpose of that Act or law that date is deemed to be the later of the following dates—\n\n(c) the date that is one month after the person or body receives the notice;\n\n(d) the date that is one month after the particular date.\n\nS. 8E inserted by No. 86/2005 s. 7.\n\n\t8E Statement may be required if conditions not complied with\n\nIf the Minister gives a notice under section 8B(4)(a)(ii) to a person or body advising that a statement is not required for works if specified conditions are met and the specified conditions are not met—\n\n(a) the Minister may by notice in writing advise the person or body that a statement should be prepared for the works; and\n\n(b) sections 8B, 8C and 8D apply as if the notice under paragraph (a) were a notice under section 8B(4)(a)(i).\n\nS. 8F inserted by No. 86/2005 s. 7.\n\n\t8F Only certain planning decisions affected\n\nSections 8 to 8E do not apply to decisions under the **Planning and Environment Act 1987** except the following decisions—\n\n(a) a decision to adopt a planning scheme or an amendment to a planning scheme;\n\n(b) a decision to approve a planning scheme  or an amendment to a planning scheme;\n\n(c) a decision to amend or to refuse to amend an application for a permit;\n\n(d) a decision to grant or to refuse to grant a permit or an amendment to a permit.\n\nS. 8G inserted by No. 86/2005 s. 7, amended by No. 43/2025 s. 73(1)(2) (ILA s. 39B(1)).\n\n\t8G Secretary to give advice and assistance\n\n(1) The Secretary must, if requested by a proponent of works, give any advice and assistance (including technical advice and assistance) that the Secretary thinks fit to enable a proper preparation of a statement or a supplementary statement required under this Act for the works.\n\nS. 8G(2) inserted by No. 43/2025 s. 73(2).\n\n(2) The proponent must pay the prescribed fee (if any) to the Secretary before the Secretary provides any advice and assistance under subsection (1).\n\n\t9 Minister may cause inquiries to be held\n\n(1) The Minister may, with the approval of the Governor in Council, appoint one or more persons to hold an inquiry (whether in public or in private as he sees fit) into the environmental effects of any works or proposed works to which this Act applies.\n\nS. 9(2) amended by No. 86/2005 s. 8.\n\n(2) The Minister may at any time invite and receive comments on the environmental effect of any works or proposed works from the public in general or from such sections of the public as are determined by him.\n\nS. 9(3) inserted by No. 72/1998 s. 9.\n\n(3) If the Minister appoints one or more persons under subsection (1) to hold an inquiry into any works or proposed works, the Minister may ask the proponent of those works to contribute an amount specified by the Minister to the costs of the inquiry.\n\nS. 10 amended by No. 86/2005 s. 9(2) (ILA s. 39B(1)).\n\n\t10 Guidelines\n\n(1) The Minister may from time to time lay down guidelines for or with respect to any matters he considers expedient to enable the carrying out of this Act, and without in any way affecting the generality of the foregoing, for or with respect to—\n\nS. 10(1)(a) amended by No. 86/2005 s. 9(1)(a).\n\n(a) the main types of works or proposed works which could require the preparation of a statement or a supplementary statement;\n\n(b) procedures to be followed by proponents;\n\nS. 10(1)(ba) inserted by No. 86/2005 s. 9(1)(b).\n\n(ba) the procedures and requirements for—\n\n(i) advertising or exhibiting (or both) statements, supplementary statements and information relating to procedures and requirements for the preparation of statements and supplementary statements;\n\n(ii) public consultation to be undertaken in relation to works to which this Act applies, including consultation in relation to the requirements for the scope and preparation of statements and supplementary statements;\n\nS. 10(1)(c) amended by Nos 111/1994 s. 6(4)(e), 86/2005 s. 9(1)(a).\n\n(c) matters which should be contained in a statement or a supplementary statement;\n\n(d) any information or other matter he considers could be of assistance.\n\nS. 10(2) inserted by No. 86/2005 s. 9(2).\n\n(2) Without limiting subsection (1), the guidelines may—\n\n(a) set out different procedures and requirements for different works or different kinds of works;\n\n(b) apply, adopt or incorporate, with or without amendments, any matter contained in any document or standard published by any authority or body as published from time to time or at the time the guidelines are made or at any time before then.\n\nS. 10A inserted by No. 43/2025 s. 74.\n\n\t10A Regulations\n\n(1) The Governor in Council may make regulations for or with respect to fees payable under this Act or the regulations.\n\n(2) Without limiting subsection (1), regulations for or with respect to fees may provide for—\n\n(a) fees that differ according to circumstances including the following—\n\n(i) the proponent, person or class of proponent or person who must pay the fee;\n\n(ii) the class of works, statement or supplementary statement for which the fee is imposed;\n\n(iii) the nature or complexity of the assessment or advice and assistance as determined by the Minister or Secretary (as the case may be) for which the fee is imposed; and\n\n(b) more than one fee to be imposed, or one fee to be imposed in stages, for—\n\n(i) an assessment under section 4(1), 5 or 8C; or\n\n(ii) a determination under section 8E as to whether conditions specified in a notice under section 8B(4)(a)(ii) are met; or\n\n(iii) any advice or assistance given under section 8G(1); and\n\n(c) the reduction, waiver or refund in whole or in part, of any fee, in specified circumstances including the following—\n\n(i) the class of proponent or person who must pay the fee;\n\n(ii) the class of works, statement or supplementary statement for which the fee is imposed;\n\n(iii) an administrative error made by the person who imposed the fee; and\n\n(d) the reduction, waiver or refund in whole or in part, of any fee, in a circumstance referred to in paragraph (c) at the discretion of the Minister or Secretary.\n\n(3) If the regulations provide for a refund of a fee, the Consolidated Fund is appropriated to the necessary extent to enable any refund to be paid.\n\nS. 11 inserted by No. 86/2005 s. 10.\n\n\t11 Transitional provision—Environment Effects (Amendment) Act 2005\n\nThis Act as amended by the **Environment Effects (Amendment) Act 2005** does not apply to the following works and those works are to be dealt with in accordance with this Act as if the 2005 Act had not been enacted—\n\n(a) any works that have been declared to be public works for the purposes of this Act by an Order made under section 3 before the commencement of the 2005 Act;\n\n(b) any works in respect of which the Minister has given advice, under section 8(2) of this Act as in force immediately before the commencement of the 2005 Act, that a statement should be prepared in respect of those works.\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Environment Effects Act 1978** was assented to on 23 May 1978 and came into operation on 1 October 1978: Government Gazette 27 September 1978 page 3077.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Environment Effects Act 1978** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Statute Law Revision Act 1984, No. 10087/1984**\n\n| Assent Date: | 22.5.84 |\n| --- | --- |\n| Commencement Date: | 22.5.84: subject to s. 3(2) |\n| Current State: | All of Act in operation |\n\n\n**Planning and Environment Act 1987, No. 45/1987**\n\n| Assent Date: | 27.5.87 |\n| --- | --- |\n| Commencement Date: | S. 205(Sch. item 18) on 16.2.88: Government Gazette 10.2.88 p. 218 |\n| Current State: | This information relates only to the provision/s amending the **Environment Effects Act 1978** |\n\n\n**Local Government (Consequential Provisions) Act 1989, No. 12/1989**\n\n| Assent Date: | 9.5.89 |\n| --- | --- |\n| Commencement Date: | S. 4(1)(Sch. 2 item 36.1) on 1.11.89: Government Gazette 1.11.89 p. 2798 |\n| Current State: | This information relates only to the provision/s amending the **Environment Effects Act 1978** |\n\n\n**Environment Effects (Amendment) Act 1994, No. 111/1994**\n\n| Assent Date: | 20.12.94 |\n| --- | --- |\n| Commencement Date: | 20.12.94 |\n| Current State: | All of Act in operation |\n\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| --- | --- |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Environment Effects Act 1978** |\n\n\n**Planning and Environment (Amendment) Act 1998, No. 72/1998**\n\n| Assent Date: | 4.11.98 |\n| --- | --- |\n| Commencement Date: | S. 9 on 3.12.98: Government Gazette 26.11.98 p. 2851 |\n| Current State: | This information relates only to the provision/s amending the **Environment Effects Act 1978** |\n\n\n**Local Government (Melbourne City Council Rates) Act 1999, No. 23/1999**\n\n| Assent Date: | 25.5.99 |\n| --- | --- |\n| Commencement Date: | 25.5.99: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Planning and Environment (General Amendment) Act 2004, No. 81/2004**\n\n| Assent Date: | 16.11.04 |\n| --- | --- |\n| Commencement Date: | S. 46 on 23.5.05: Government Gazette 19.5.05 p. 930 |\n| Current State: | This information relates only to the provision/s amending the **Environment Effect Act 1978** |\n\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| --- | --- |\n| Commencement Date: | S. 117(1)(Sch. 3 item 67) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n| Current State: | This information relates only to the provision/s amending the **Environment Effects Act 1978** |\n\n\n**Environment Effects (Amendment) Act 2005, No. 86/2005**\n\n| *Assent Date:* | 29.11.05 |\n| --- | --- |\n| Commencement Date: | Ss 3–10 on 30.6.06: Government Gazette 8.6.06 p. 1092 |\n| Current State: | All of Act in operation |\n\n\n**Building Legislation Amendment (Fairer Payments on Jobsites and Other Matters) Act 2025, No. 43/2025**\n\n| Assent Date: | 13.11.25 |\n| --- | --- |\n| Commencement Date: | Ss 69–74 on 14.11.25: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Environment Effects Act 1978** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope and operational mechanics have been expanded from earlier forms by later amendments that give the Minister a formal advisory/triage role, powers to direct decision-makers to delay decisions, and a broader fee and assistance regime. Notable changes in the text: the Minister may require, exempt with conditions, or decline an EES when asked for advice (s8B(3)); the Minister may direct decision-makers not to decide until advice is given (s8A); time limits for other decision-makers can be extended or deemed later dates when an EES is triggered (s8D); the Secretary’s paid technical assistance to proponents is formalised (s8G(1)–(2)); and a flexible regulatory fee framework was added allowing staged fees, different fees by class and waivers or refunds (s10A(1)–(3)). Transitional rules preserve pre-amendment declarations and advice (s11). These provisions change how and when the Act attaches to works compared with the original declaration-only mechanism (s3) by introducing the Ministerial advice/notice pathway (s8–s8B)."},"complexity_factors":["Wide Ministerial discretion to declare works and require or exempt EESs (s3(1)–(3), s8B(3))","Multiple decision-makers and referral/hold mechanisms across other statutory approval processes (s8, s8A, s8C)","Layered fee regime with regulations allowing variable, staged, refundable, or waivable fees (s10A)","Procedural complexity from guidelines that can vary by class of works and incorporate external standards (s10(1)–(2))","Interplay and carve-outs with the Planning and Environment Act 1987 (s8F)","Sequential obligations on proponents (prepare EES, possible supplementary statements, pay fees, possible inquiry contributions) that affect project timing (s4, s5, s9, s8D)","Administrative support option from the Secretary available for a fee, adding another agency interaction (s8G)"],"plain_english_summary":"# What this law does (mechanics first)\n\n- The Act requires that certain major works undergo an Environment Effects Statement (EES) before they start. The Minister declares which works are \"public works\" for the Act (s3(1)–(3)) and must be satisfied the works could reasonably be considered to have or be capable of having a significant environmental effect (s3(2)).\n\n- The proponent (the person or body proposing or carrying out the works) must prepare and pay for the EES and submit it to the Minister for assessment before commencing the works (s4(1)–(4)). The proponent must also pay any prescribed fee before the Minister assesses the EES (s4(4)).\n\n- The Minister may require additional (supplementary) information from the proponent; that supplementary statement is also prepared and paid for by the proponent and a prescribed fee may apply (s5(1)–(5)).\n\n- If no statement has been submitted, the Minister may call for one (s6(1)). If a statement has been submitted, the works cannot proceed until the Minister’s assessment has been considered by the relevant Minister (s6(2)–(3)).\n\n- Other decision-makers (those required by other Acts or laws to decide on works) or proponents may ask the Minister whether an EES should be prepared (s8(1), (3)). The Minister can also require a decision-maker to refer a matter to the Minister for that advice (s8(4)). The Minister can direct decision-makers not to make a decision until the Minister has given advice (s8A).\n\n- When asked for advice under s8, the Minister may require information from decision-makers or proponents and must decide one of three outcomes: (a) a statement should be prepared; (b) a statement is not required provided specified conditions are met; or (c) a statement is not required (s8B(2)–(3)). The Minister must notify the proponent and relevant decision-makers in writing and give other assistance the Minister thinks fit (s8B(4)). If the Minister requires a statement by notice under s8B the works are taken to be public works under the Act (s8B(7)).\n\n- If the Minister issues a \"not required unless conditions met\" outcome, the Minister may later require a statement if the conditions are not complied with (s8E).\n\n- The Act pauses or extends statutory decision timeframes where a Minister’s notice triggers an EES requirement: time limits for other decision-makers are deemed to be the later of specified dates (s8D).\n\n- The Secretary (corporate body established under the Conservation, Forests and Lands Act 1987) must provide advice and assistance to proponents on request; the Secretary may charge a prescribed fee for that assistance (s8G(1)–(2)).\n\n- The Minister may appoint inquiries (public or private) into the environmental effects of works and may invite public comment; the Minister can ask proponents to contribute to inquiry costs (s9(1)–(3)).\n\n- The Minister issues guidelines about which works may need an EES, procedures for proponents, public consultation, and what should be included in statements; the guidelines may set different procedures for different types of works (s10(1)–(2)).\n\n- The Governor in Council may make regulations about fees (including variable fees, staged fees, waivers, refunds, and appropriation for refunds) (s10A(1)–(3)).\n\n- Transitional rules preserve treatment of works already declared or already advised on before the 2005 amendments (s11).\n\n# Official purpose claim and the Act’s instruments\n\n- The Act’s stated objective is to require the environmental effects of certain works to be assessed. That purpose is implemented through: (a) Ministerial declaration of which works are covered (s3); (b) compulsory EES preparation and Ministerial assessment (s4–6); (c) an advisory/triage function allowing the Minister to require, exempt (with conditions), or decline an EES when asked for advice (s8, s8B); (d) guidance and regulation of procedures and fees (s10, s10A); and (e) powers to hold inquiries and to require supplementary material (s5, s9).\n\n# Who pays, who decides, and what behaviour changes\n\n- Who pays: The proponent pays for preparing the EES and any supplementary statements (s4(3), s5(4)), may have to pay prescribed fees to the Minister before assessment (s4(4), s5(5), s8B(8), s8C(3)), and may be asked to contribute to inquiry costs (s9(3)). The Secretary may charge for technical advice and assistance (s8G(2)). Regulations may vary fees by proponent class, works class, complexity, and may allow staged fees or waivers (s10A(2)). Refunds are provided from the Consolidated Fund if regulations allow (s10A(3)).\n\n- Who decides: The Minister decides whether an EES is required and may specify procedures and requirements under the guidelines (s3(2)–(3), s8B(3)–(5), s10). Relevant decision-makers under other Acts retain their statutory decision roles but may be required to refer matters to the Minister for advice and can be directed not to make a decision until advice is given (s8(1)–(4), s8A). The Secretary provides technical assistance but does so on request and may charge a fee (s8G(1)–(2)).\n\n- Behaviour changes and incentives: Proponents face direct financial and timing costs to prepare EES material and pay fees (s4, s5, s8C(3)), which creates an incentive to structure proposals to avoid becoming subject to the Act where feasible. Because the Minister has discretion to declare works, set procedures, request supplemental material, and require conditions for exemptions, proponents and decision-makers will generally factor possible Ministerial directions and time extensions into project planning (s3, s5, s8B, s8D).\n\n# Compliance burden, discretion and timing\n\n- Compliance burden: Preparing an EES and any supplementary statements, complying with guideline procedures, paying prescribed fees, and possibly contributing to inquiry costs are explicit obligations on proponents (s4, s5, s9, s10, s10A). The Secretary’s advice is available but not free unless a fee is waived (s8G).\n\n- Administrative discretion: The Minister has multiple discretionary points: declaring works to be public works (s3(1)–(3)); deciding whether a statement is required or not and on what conditions (s8B(3)); specifying procedures in Orders and notices (s3(3), s8B(5)); calling inquiries and inviting public comment (s9(1)–(2)); and issuing guidelines (s10). Regulations give the executive a flexible fee framework (s10A).\n\n- Timing effects: The Act creates pauses and statutory-date adjustments where a Ministerial notice triggers EES requirements (s8C, s8D). Where a statement is required, decision-makers generally must wait until the statement is prepared, assessed, and considered (s6(2), s8C(1)).\n\n# Trade-offs, risks and likely market effects (mechanisms — not judgements)\n\n- Direct cost and delay mechanism: The proponent funds studies and pays fees (s4(3)–(4), s5(4)–(5), s8C(3)), which increases project upfront costs and creates a timeline for completing assessments before statutory decisions can proceed (s6(2), s8C(1), s8D).\n\n- Centralised discretion mechanism: The Minister’s power to declare works, require statements, exempt works with conditions, and set procedures concentrates decision points in the executive (s3, s8B). That creates regulatory uncertainty that proponents must manage in project design and contracting.\n\n- Interaction with other approval processes: The Act explicitly interposes the EES process into other statutory decision processes by enabling advice requests and no-decision directions (s8, s8A) and by altering statutory decision dates in specified circumstances (s8D). That changes sequencing and may affect the timing and coordination of approvals under other Acts.\n\n- Fee and assistance mechanism: The regulations and s8G let fees be scaled by proponent class, works complexity, and allow waivers or staged payments (s10A(2)). The Secretary’s paid advice channels technical evaluation support to proponents (s8G). These mechanics affect cost allocation between government and proponents and allow for differential treatment across proponents and works.\n\n# Limited scope notes\n\n- The Act applies to works declared by the Minister as public works for the Act; municipal council works are excluded from the definition of \"public works\" (s2 definition of public works). However, where the Minister gives a notice that a statement should be prepared under s8B, those works are taken to be public works for the Act (s8B(7)).\n\n- Most decisions under the Planning and Environment Act 1987 are excluded from sections 8–8E, except for four specific planning decision types listed in s8F.\n\n# Source-stated purpose\n\n- The Act’s explanatory heading states its object \"to require the Environmental Effects of certain Works to be assessed\"; the text implements this through the EES, Ministerial declaration and advice powers, guidelines, inquiries, and a regulated fee regime (Preamble; s3–s6; s8–s10A)."},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1978 Act was narrowly focused on declared public works requiring an Environment Effects Statement before commencement (original ss 3–6). The 2005 amendments substantially expanded the scope by inserting a broad referral and advice regime (ss 8–8G) that applies to any works that could have a significant effect on the environment, even without a prior declaration under s 3, and which can halt other statutory decision-making until the Minister's assessment is considered. The 2025 amendments have further broadened administrative reach by introducing a detailed prescribed-fee regime applicable to assessments, supplementary statements, condition compliance checks and technical assistance, shifting the Act from purely procedural environmental safeguards into a partially cost-recovery framework."},"complexity_factors":["Multiple inserted and substituted sections (8A–8G) containing conditional decision trees and cross-referenced triggers","Frequent historical amendments noted throughout, including repealed definitions and substituted provisions from 1994, 2005 and 2025","Integration with external legislation, notably limiting application to specific decisions under the Planning and Environment Act 1987 (s 8F)","Guidelines that may adopt external standards by reference (s 10(2)) combined with new regulation-making power for variable fees (s 10A)","Layered fee imposition, staged payments, waivers and appropriations across ss 4(4), 5(5), 8B(8), 8C(3), 8G(2) and 10A"],"plain_english_summary":"**This Act requires detailed environmental assessment of certain major projects before they can start.**\n\nIt mandates that proponents (the people or organisations proposing the works) prepare an **Environment Effects Statement** – a comprehensive report examining potential impacts on the environment – for works declared by the Minister to be 'public works' that could have a significant environmental effect. The Minister assesses the statement, and decision-makers must consider that assessment before approving or proceeding with the project.\n\nThe law also creates a referral process: if another approval (such as under planning laws) is needed for works that might harm the environment, the Minister can be asked for advice on whether a full statement is required. No decisions can be made and works cannot begin until this process is completed.\n\nRecent updates allow the Minister to set conditions instead of requiring a statement, and introduce fees for assessments and advice. It applies mainly to government bodies, statutory authorities and large-scale developers. The goal is to ensure environmental effects are properly weighed up in project approvals, helping prevent or reduce serious harm to Victoria's environment."},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act was originally conceived as a relatively narrow procedural tool for assessing environmental effects of specific works. Over decades of amendments and the development of Ministerial Guidelines, its practical scope has broadened considerably — it now effectively functions as a cornerstone of Victoria's major project assessment framework, covering a much wider range of infrastructure, industrial, and urban development projects than likely envisaged in 1978. Its interaction with Commonwealth environmental law has also expanded its practical significance beyond the original state-level intent."},"complexity_factors":["Ministerial discretion — the Act gives the Minister broad, relatively undefined powers to decide which projects need assessment, creating unpredictability for developers","Interaction with other planning and approvals legislation — the EES process must be navigated alongside other Victorian and Commonwealth environmental laws (such as the Commonwealth's EPBC Act), creating overlapping regimes","Procedural complexity — the inquiry and panel process involves multiple stages, submissions, hearings, and government responses","Lack of a definitive threshold — there is no fixed list of projects that automatically require an EES, relying instead on Ministerial Guidelines that can change","Limited enforcement mechanisms — the Act focuses on assessment rather than binding outcomes, which can create ambiguity about legal obligations post-assessment","Age of the legislation — enacted in 1978 and amended over decades, meaning interpretation requires understanding of multiple historical versions and amendments"],"plain_english_summary":"## Environment Effects Act 1978 (Victoria)\n\nThis Victorian law sets up a process to assess the environmental impact of major projects before they are approved. Think of it as a mandatory 'environmental check-up' for big developments.\n\n**What it does:**\n- Requires developers proposing large or potentially damaging projects (such as major roads, mines, industrial facilities, or large housing estates) to prepare an **Environment Effects Statement (EES)** — essentially a detailed report on how their project might harm the environment\n- Gives the Victorian Minister for Planning the power to decide whether a project needs to go through this assessment process\n- Sets up a formal inquiry and review process, often involving independent panels, so the community and experts can have their say\n- Ensures decision-makers consider environmental impacts before approving a project\n\n**Who does this affect?**\n- **Developers and project proponents** — you may be required to spend significant time and money preparing an EES before you can get approval\n- **Local communities** — you get a formal opportunity to raise concerns about projects near you\n- **Government agencies** — they must factor environmental findings into their approvals\n- **Everyday Victorians** — the environment around you gets a layer of protection from poorly planned development\n\n**Why it matters:**\nWithout this law, major projects could be approved with little scrutiny of their environmental consequences — things like damage to waterways, native habitat destruction, or air and noise pollution. This Act acts as a safeguard, making environmental consideration a legal requirement rather than an afterthought.\n\n**Important note:** Not every project triggers this process — the Minister uses guidelines to decide which projects are significant enough to require a full assessment."}},"importantCases":[],"_links":{"self":"/api/acts/environment-effects-act-1978","history":"/api/acts/environment-effects-act-1978/history","analysis":"/api/acts/environment-effects-act-1978/analysis","conflicts":"/api/acts/environment-effects-act-1978/conflicts","importantCases":"/api/acts/environment-effects-act-1978/important-cases","documents":"/api/acts/environment-effects-act-1978/documents"}}