Environment Effects Act 1978 (Victoria)

The Environment Effects Act 1978 (Vic) establishes a standalone environmental assessment regime that operates alongside, but is not wholly absorbed by, other Victorian approval processes. At its core the Act requires the preparation and ministerial assessment of an Environment Effects Statement (defined in s 2(1) as "statement") for works that are declared to be public works under s 3(1). Section 3(2) prohibits the Minister from making such a declaration unless satisfied that the works "could reasonably be considered to have or to be capable of having a significant effect on the environment". Once declared, s 4(1) obliges the proponent to cause a statement to be prepared and submitted to the Minister before commencing the works. A copy must also be given to the relevant Minister (s 4(2)), and the entire exercise is at the proponent's expense (s 4(3)).

The Minister's assessment function is reinforced by ancillary powers. Under s 5 the Minister may call for a supplementary statement containing any additional information considered necessary, again at the proponent's cost. Section 6 permits the Minister to call for a statement where none has been submitted and prohibits commencement of works until the assessment has been considered by the relevant Minister. Section 9 authorises the appointment of inquiry panels (with or without public hearings) and the solicitation of public comment.

The 2005 amendments substantially enlarged the Act's procedural architecture. Section 8 now permits (and in some cases requires) a relevant decision-maker or proponent to seek ministerial advice on whether a statement is needed for works that could have a significant environmental effect. If the Minister decides a statement is required, s 8B(4)(a)(i) triggers a formal notice that, by operation of s 8B(7), deems the works to be public works to which the Act applies. The Minister may instead decide that no statement is required at all (s 8B(3)(c)) or that none is required if specified conditions are met (s 8B(3)(b)). Section 8A empowers the Minister to freeze other statutory decision-making until advice is given. Section 8C then prohibits both the carrying out of works and the making of any related decision until the proponent has prepared the statement, submitted it, and the Minister's assessment has been considered.

Version No. 027

Environment Effects Act 1978

No. 9135 of 1978

Version incorporating amendments as at
14 November 2025

table of provisions

Section Page

1 Short title and commencement 1

2 Definitions 1

3 Works to which this Act applies 3

4 Environment Effects Statement 3

5 The Minister may call for supplementary statement 4

6 The Minister may call for a statement 4

8 Advice of Minister as to whether statement required 5

8A No decision to be made on works until advice given 6

8B Advice of Minister 6

8C Decisions not to be made and works not to proceed until assessment considered 7

8D Timeframes for decisions on works changed 8

8E Statement may be required if conditions not complied with 9

8F Only certain planning decisions affected 9

8G Secretary to give advice and assistance 10

9 Minister may cause inquiries to be held 10

10 Guidelines 11

10A Regulations 12

11 Transitional provision—Environment Effects (Amendment) Act 2005 13

Endnotes 15

1 General information 15

2 Table of Amendments 17

3 Explanatory details 19

Version No. 027

Environment Effects Act 1978

No. 9135 of 1978

Version incorporating amendments as at
14 November 2025

An Act to require the Environmental Effects of certain Works to be assessed, and for other purposes.

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):

1 Short title and commencement

(1) This Act may be cited as the Environment Effects Act 1978.

(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.

S. 2
amended by No. 46/1998 s. 7(Sch. 1) (ILA s. 39B(1)).

2 Definitions

(1) In this Act unless inconsistent with the context or subject-matter—

S. 2(1) def. of Director repealed by No. 10087 s. 3(1)(Sch. 1 item 54(a)).

proponent means the person or body who is carrying out or proposing to carry out any works;

S. 2(1) def. of public works amended by Nos 12/1989 s. 4(1)(Sch. 2 item 36.1), 111/1994 s. 4(a).

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;

relevant Minister means in respect of any works or proposed works, the Minister concerned with the undertaking of those works;

S. 2(1) def. of report repealed by No. 111/1994 s. 4(b).

S. 2(1) def. of Secretary inserted by No. 10087
s. 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).

Secretary means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;

statement means Environment Effects Statement;

S. 2(1) def. of the Minister amended by No. 10087
s. 3(1)(Sch. 1 item 54(c)), repealed by No. 46/1998 s. 7(Sch. 1).

S. 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).

S. 3 substituted by No. 111/1994 s. 5.

3 Works to which this Act applies

(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.

S. 3(2) amended by No. 86/2005 s. 4(1).

(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.

S. 3(3) inserted by No. 86/2005 s. 4(2).

(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.

4 Environment Effects Statement

S. 4(1) substituted by No. 111/1994 s. 6(1).

(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.

S. 4(2) amended by No. 111/1994 s. 6(2)(a)(i).

(2) A copy of the statement shall be submitted to the relevant Minister by the proponent.

S. 4(3) amended by No. 111/1994 s. 6(2)(a)(ii).

(3) A statement under this Act shall be prepared and submitted at the expense of the proponent of the works.

S. 4(4) amended by Nos 10087
s. 3(1)(Sch. 1 item 55), 111/1994
s. 6(2)(a)(ii), repealed by No. 86/2005 s. 5, new s. 4(4) inserted by No. 43/2025 s. 69.

(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).

S. 5 amended by No. 111/1994 s. 6(2)(b), substituted by No. 86/2005 s. 6.

5 The Minister may call for supplementary statement

(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.

(2) The proponent must cause the supplementary statement to be prepared and submitted to the Minister.

(3) The proponent must cause a copy of the supplementary statement to be submitted to the relevant Minister.

(4) A supplementary statement under this section is to be prepared and submitted at the expense of the proponent of the works.

S. 5(5) inserted by No. 43/2025 s. 70.

(5) The proponent must pay the prescribed fee (if any) to the Minister before the Minister completes the assessment referred to in subsection (1).

6 The Minister may call for a statement

S. 6(1) substituted by No. 111/1994 s. 6(3).

(1) In any case where a statement has not been submitted to the Minister, the Minister may call for the statement.

S. 6(2) amended by No. 111/1994 s. 6(4)(a).

(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.

(3) The Minister shall provide the assessment as soon as reasonably practicable in the circumstances of the case.

S. 7 repealed by No. 111/1994 s. 6(4)(b).

S. 8
amended by Nos 10087 s. 3(1)(Sch. 1 item 55), 45/1987 s. 205
(Sch. item 18), 81/2004 s. 46, substituted by No. 86/2005 s. 7.

8 Advice of Minister as to whether statement required

(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.

(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.

(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.

(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.

S. 8A inserted by No. 86/2005 s. 7.

8A No decision to be made on works until advice given

If 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.

S. 8B inserted by No. 86/2005 s. 7.

8B Advice of Minister

(1) This section applies if a matter comes to the Minister for advice under section 8.

(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.

(3) The Minister must decide whether—

(a) a statement should be prepared for the works; or

(b) a statement is not required for the works if conditions specified by the Minister are met; or

(4) On making a decision under subsection (3), the Minister must—

(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—

(i) that a statement should be prepared for the works; or

(ii) that a statement is not required for the works if conditions specified by the Minister are met; or

(iii) that a statement is not required for the works; and

(b) give to that relevant decision-maker any other advice or assistance the Minister thinks fit to enable a decision to be made.

(5) A notice under subsection (4)(a)(i) must specify the procedures and requirements under the guidelines that are to apply to the statement.

(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.

S. 8B(7) amended by No. 43/2025 s. 71(1).

(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.

S. 8B(8) inserted by No. 43/2025 s. 71(2).

(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.

S. 8C inserted by No. 86/2005 s. 7.

8C Decisions not to be made and works not to proceed until assessment considered

(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—

(a) the works must not proceed; and

(b) no decision can be made under an Act or law by that person or body in relation to the works until—

(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

(ii) the assessment has been considered by that person or body.

(2) Sections 4(3), 5, 6(1) and 6(3) apply to the preparation of a statement referred to in subsection (1).

S. 8C(3) inserted by No. 43/2025 s. 72.

(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).

S. 8D inserted by No. 86/2005 s. 7.

8D Timeframes for decisions on works changed

(1) If—

(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

(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—

then, 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—

(d) the date that is one month after the particular date.

(2) If—

(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

(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—

then for the purpose of that Act or law that date is deemed to be the later of the following dates—

(d) the date that is one month after the particular date.

S. 8E inserted by No. 86/2005 s. 7.

8E Statement may be required if conditions not complied with

If 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—

(a) the Minister may by notice in writing advise the person or body that a statement should be prepared for the works; and

(b) sections 8B, 8C and 8D apply as if the notice under paragraph (a) were a notice under section 8B(4)(a)(i).

S. 8F inserted by No. 86/2005 s. 7.

8F Only certain planning decisions affected

Sections 8 to 8E do not apply to decisions under the Planning and Environment Act 1987 except the following decisions—

(a) a decision to adopt a planning scheme or an amendment to a planning scheme;

(b) a decision to approve a planning scheme or an amendment to a planning scheme;

(d) a decision to grant or to refuse to grant a permit or an amendment to a permit.

S. 8G inserted by No. 86/2005 s. 7, amended by No. 43/2025 s. 73(1)(2) (ILA s. 39B(1)).

8G Secretary to give advice and assistance

(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.

S. 8G(2) inserted by No. 43/2025 s. 73(2).

(2) The proponent must pay the prescribed fee (if any) to the Secretary before the Secretary provides any advice and assistance under subsection (1).

9 Minister may cause inquiries to be held

(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.

S. 9(2) amended by No. 86/2005 s. 8.

(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.

S. 9(3) inserted by No. 72/1998 s. 9.

(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.

S. 10 amended by No. 86/2005 s. 9(2) (ILA s. 39B(1)).

10 Guidelines

(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—

S. 10(1)(a) amended by No. 86/2005 s. 9(1)(a).

(a) the main types of works or proposed works which could require the preparation of a statement or a supplementary statement;

(b) procedures to be followed by proponents;

S. 10(1)(ba) inserted by No. 86/2005 s. 9(1)(b).

(ba) the procedures and requirements for—

(i) advertising or exhibiting (or both) statements, supplementary statements and information relating to procedures and requirements for the preparation of statements and supplementary statements;

(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;

S. 10(1)(c) amended by Nos 111/1994 s. 6(4)(e), 86/2005 s. 9(1)(a).

(d) any information or other matter he considers could be of assistance.

S. 10(2) inserted by No. 86/2005 s. 9(2).

(2) Without limiting subsection (1), the guidelines may—

(a) set out different procedures and requirements for different works or different kinds of works;

(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.

S. 10A inserted by No. 43/2025 s. 74.

10A Regulations

(1) The Governor in Council may make regulations for or with respect to fees payable under this Act or the regulations.

(2) Without limiting subsection (1), regulations for or with respect to fees may provide for—

(a) fees that differ according to circumstances including the following—

(i) the proponent, person or class of proponent or person who must pay the fee;

(ii) the class of works, statement or supplementary statement for which the fee is imposed;

(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

(b) more than one fee to be imposed, or one fee to be imposed in stages, for—

(i) an assessment under section 4(1), 5 or 8C; or

(ii) a determination under section 8E as to whether conditions specified in a notice under section 8B(4)(a)(ii) are met; or

(iii) any advice or assistance given under section 8G(1); and

(i) the class of proponent or person who must pay the fee;

(ii) the class of works, statement or supplementary statement for which the fee is imposed;

(iii) an administrative error made by the person who imposed the fee; and

(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.

(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.

S. 11 inserted by No. 86/2005 s. 10.

11 Transitional provision—Environment Effects (Amendment) Act 2005

This 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—

(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;

(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.

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The 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.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes 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.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All 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).

• Examples, diagrams or notes

All 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).

• Punctuation

All 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).

• Provision numbers

All 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).

• Location of "legislative items"

A "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.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Environment Effects Act 1978 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Statute Law Revision Act 1984, No. 10087/1984

Assent Date:	22.5.84
Commencement Date:	22.5.84: subject to s. 3(2)
Current State:	All of Act in operation

Planning and Environment Act 1987, No. 45/1987

Assent Date:	27.5.87
Commencement Date:	S. 205(Sch. item 18) on 16.2.88: Government Gazette 10.2.88 p. 218
Current State:	This information relates only to the provision/s amending the Environment Effects Act 1978

Local Government (Consequential Provisions) Act 1989, No. 12/1989

Assent Date:	9.5.89
Commencement Date:	S. 4(1)(Sch. 2 item 36.1) on 1.11.89: Government Gazette 1.11.89 p. 2798
Current State:	This information relates only to the provision/s amending the Environment Effects Act 1978

Environment Effects (Amendment) Act 1994, No. 111/1994

Assent Date:	20.12.94
Commencement Date:	20.12.94
Current State:	All of Act in operation

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:	This information relates only to the provision/s amending the Environment Effects Act 1978

Planning and Environment (Amendment) Act 1998, No. 72/1998

Assent Date:	4.11.98
Commencement Date:	S. 9 on 3.12.98: Government Gazette 26.11.98 p. 2851
Current State:	This information relates only to the provision/s amending the Environment Effects Act 1978

Local Government (Melbourne City Council Rates) Act 1999, No. 23/1999

Assent Date:	25.5.99
Commencement Date:	25.5.99: s. 2
Current State:	All of Act in operation

Planning and Environment (General Amendment) Act 2004, No. 81/2004

Assent Date:	16.11.04
Commencement Date:	S. 46 on 23.5.05: Government Gazette 19.5.05 p. 930
Current State:	This information relates only to the provision/s amending the Environment Effect Act 1978

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 67) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State:	This information relates only to the provision/s amending the Environment Effects Act 1978

Environment Effects (Amendment) Act 2005, No. 86/2005

Assent Date:	29.11.05
Commencement Date:	Ss 3–10 on 30.6.06: Government Gazette 8.6.06 p. 1092
Current State:	All of Act in operation

Building Legislation Amendment (Fairer Payments on Jobsites and Other Matters) Act 2025, No. 43/2025

Assent Date:	13.11.25
Commencement Date:	Ss 69–74 on 14.11.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Environment Effects Act 1978

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3 Explanatory details

No entries at date of publication.

1 Environment Effects Act 1978

Version No. 027

Environment Effects Act 1978

No. 9135 of 1978

Version incorporating amendments as at
14 November 2025

table of provisions

Section Page

1 Short title and commencement 1

2 Definitions 1

3 Works to which this Act applies 3

4 Environment Effects Statement 3

5 The Minister may call for supplementary statement 4

6 The Minister may call for a statement 4

8 Advice of Minister as to whether statement required 5

8A No decision to be made on works until advice given 6

8B Advice of Minister 6

8C Decisions not to be made and works not to proceed until assessment considered 7

8D Timeframes for decisions on works changed 8

8E Statement may be required if conditions not complied with 9

8F Only certain planning decisions affected 9

8G Secretary to give advice and assistance 10

9 Minister may cause inquiries to be held 10

10 Guidelines 11

10A Regulations 12

11 Transitional provision—Environment Effects (Amendment) Act 2005 13

Endnotes 15

1 General information 15

2 Table of Amendments 17

3 Explanatory details 19

Version No. 027

Environment Effects Act 1978

No. 9135 of 1978

Version incorporating amendments as at
14 November 2025

An Act to require the Environmental Effects of certain Works to be assessed, and for other purposes.

1 Short title and commencement

(1) This Act may be cited as the Environment Effects Act 1978.

(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.

The Act's primary subjects are "proponents" – defined in s 2(1) as "the person or body who is carrying out or proposing to carry out any works". This term is deliberately wide and captures both private developers and public entities. For works declared under s 3, the proponent bears the statutory duty to prepare and fund the Environment Effects Statement (s 4(1)–(4)), any supplementary statement (s 5), and associated fees.

"Public works" are defined to mean works undertaken or proposed by or on behalf of the Crown or public statutory bodies, but expressly exclude works undertaken by municipal councils. The relevant Minister for any works is "the Minister concerned with the undertaking of those works". Once a declaration is made under s 3, or once a s 8B(4)(a)(i) notice is issued, the works are treated as public works to which the Act applies.

The Act also directly regulates "relevant decision-makers" – any person or body required by another Act or law to make a decision in respect of works that could have a significant effect on the environment. Section 8(1) allows such decision-makers to seek ministerial advice; s 8(2) makes seeking that advice mandatory if requested by the Minister administering the other legislation. Section 8(4) empowers the Minister to compel a relevant decision-maker to refer a matter for advice. Once a matter is referred, s 8A permits the Minister to direct both the relevant decision-maker and any other authorised person or body not to make a decision until advice is given.

The Secretary (defined by reference to the Conservation, Forests and Lands Act 1987) is given a statutory duty under s 8G(1) to provide technical advice and assistance to proponents upon request. The 2025 amendments subject that assistance to a prescribed fee.

Finally, the Minister administering the Act receives broad discretionary powers: to declare works (s 3), call for statements or supplementary statements (ss 5, 6), issue advice notices (s 8B), appoint inquiry panels (s 9), issue guidelines (s 10), and determine fees (via regulations under s 10A). The Governor in Council is involved in approving inquiry panels and making the fee regulations.

Because s 8F preserves the Act's operation for certain Planning and Environment Act 1987 decisions (scheme adoption, permit grants, etc.), planning authorities, responsible authorities and the Victorian Civil and Administrative Tribunal (when exercising planning jurisdiction) are indirectly affected. Proponents who fail to comply with conditions imposed under s 8B(3)(b) face the prospect of the Minister reactivating the full assessment regime under s 8E.

Proponent duties

Prepare and submit an Environment Effects Statement before commencing declared public works (s 4(1)).
Submit a copy to the relevant Minister (s 4(2)).
Bear the full cost of preparation and submission (s 4(3)).
Pay any prescribed fee before ministerial assessment (s 4(4)).
Prepare and submit any supplementary statement required under s 5, again at own cost and subject to the new s 5(5) fee.
Comply with any conditions specified in a s 8B(4)(a)(ii) notice, or face reactivation of the statement requirement under s 8E.
Pay prescribed fees before the Minister determines condition compliance (s 8B(8)), before assessment under s 8C(3), and before receiving technical assistance from the Secretary (s 8G(2)).

Relevant decision-maker duties

Seek ministerial advice when requested by the Minister administering the primary legislation (s 8(2)).
Comply with any direction issued under s 8A not to make a decision until advice is given.
Refrain from making any decision, and ensure works do not proceed, until a statement has been prepared and the Minister's assessment considered (s 8C(1)).

Ministerial rights and powers

Declare works to be public works if satisfied of significant environmental effect (s 3(1)–(2)) and specify applicable guideline procedures (s 3(3)).
Call for supplementary information (s 5) or a full statement (s 6).
Decide that a statement is required, is not required, or is not required if conditions are met (s 8B(3)).
Issue binding notices under s 8B(4) and accompanying directions under s 8A.
Extend statutory decision deadlines under s 8D.
Reactivate the statement requirement where conditions are breached (s 8E).
Appoint inquiry panels, solicit public comment, and require proponents to contribute to inquiry costs (s 9).
Issue guidelines that may differentiate between classes of works and incorporate external material (s 10).
Determine, waive or refund fees through regulations (s 10A).

Rights of proponents

Request technical advice and assistance from the Secretary (s 8G(1)).
Seek ministerial advice on whether a statement is required (s 8(3)).
Receive written notice of the Minister's decision and any conditions (s 8B(4)).

The Act contains no explicit offence provisions or civil penalty regime; enforcement is achieved through the statutory prohibitions on proceeding with works or making decisions (ss 6(2), 8C(1)) and through the ability of the Minister to issue fresh notices under s 8E.

The Act is unusual among Victorian environmental legislation in that it contains no offence-creating provisions, no infringement notice regime and no civil penalty regime within its own text. Enforcement is structural rather than punitive. The key sanctions are the statutory prohibitions: works "shall not be commenced or proceeded with" until the Minister's assessment has been considered (s 6(2)), and, once a s 8B(4)(a)(i) notice has issued, "the works must not proceed" and "no decision can be made" until the statement is prepared and assessed (s 8C(1)).

Breach of these prohibitions would expose a proponent to injunctive relief or declaratory orders in the Supreme Court, and would almost certainly constitute a breach of any downstream statutory approvals (for example, a planning permit granted in contravention of s 8C). The Minister's power under s 8E to reactivate the full assessment process where conditions are not met functions as an ongoing compliance lever.

The 2025 fee provisions introduce a financial accountability mechanism. Failure to pay a prescribed fee at the stipulated point (before assessment, before technical advice, etc.) would presumably prevent the Minister or Secretary from being required to perform the relevant function, although the Act does not spell out a specific remedy. Section 10A(3) appropriates the Consolidated Fund for refunds, implying that fee disputes could be litigated as monetary claims.

Inquiry costs under s 9(3) may be recovered from the proponent as a specified contribution; non-payment would be recoverable as a debt. Because the Act operates as a gateway to other statutory powers, the practical enforcement tool is often the refusal or delay of downstream approvals by the relevant decision-maker until the Environment Effects Statement process is completed.

The Act is expressly designed to sit alongside, and in some cases override the timing of, other Victorian statutes. Its most significant intersection is with the Planning and Environment Act 1987. Section 8F limits the application of the referral and advice provisions (ss 8–8E) to four categories of planning decisions: adoption or approval of a planning scheme or amendment, and decisions to amend, grant or refuse permits. For all other planning decisions the Environment Effects Act process does not automatically apply.

The Act also interacts with any statute that confers a decision-making power on a "relevant decision-maker" where the decision concerns works that could have a significant environmental effect. The Minister responsible for that other Act may compel the decision-maker to seek advice (s 8(2)), and the Minister administering the Environment Effects Act may issue freezing directions under s 8A. Once a statement is required, s 8C(1)(b)(ii) requires the relevant decision-maker to consider the Minister's assessment before deciding. Section 8D statutorily extends any statutory deadline imposed by the other Act.

The definition of "Secretary" incorporates the body corporate created by Part 2 of the Conservation, Forests and Lands Act 1987, thereby linking the technical assistance obligation in s 8G to that statute's administrative machinery.

Guidelines issued under s 10 may "apply, adopt or incorporate" documents published by other authorities (s 10(2)(b)), creating a further horizontal integration with, for example, DELWP or EPA guidelines on biodiversity, greenhouse gas emissions or cultural heritage.

The transitional provision in s 11 ensures that works already caught by the pre-2005 regime continue under the old law, preventing retrospective disruption of existing pipelines.

Because the Act contains no substantive environmental standards, its practical effect is procedural; it feeds into substantive regimes under the Environment Protection Act 2017, the Flora and Fauna Guarantee Act 1988, the Heritage Act 2017 and Commonwealth legislation such as the Environment Protection and Biodiversity Conservation Act 1999 (Cth) where accredited assessment arrangements exist.

The most recent changes are contained in the Building Legislation Amendment (Fairer Payments on Jobsites and Other Matters) Act 2025, ss 69–74, which commenced on 14 November 2025. These amendments insert or amend fee-related provisions throughout the Act:

New s 4(4) and s 8C(3) require payment of any prescribed fee before the Minister assesses environmental effects.
New s 5(5) requires the same before completion of a supplementary statement assessment.
New s 8B(8) requires payment before the Minister determines whether conditions imposed under s 8B(4)(a)(ii) have been met.
New s 8G(2) requires payment before the Secretary provides technical advice or assistance.
Entirely new s 10A confers a detailed regulation-making power on the Governor in Council to prescribe differential, staged or waivable fees, and appropriates the Consolidated Fund for refunds.

These changes reflect a policy shift toward cost recovery for what had previously been a publicly funded assessment service. The regulation-making power is drafted with considerable granularity (different fees according to proponent class, complexity of assessment, staged imposition, discretionary waivers), indicating an intention to tailor charges to the administrative burden imposed by each proposal.

The 2005 amendments (Environment Effects (Amendment) Act 2005) remain the most transformative in the statute's history. They replaced the former s 8 with a comprehensive referral and advice regime, inserted ss 8A–8G, expanded the guideline power, and altered the definition of "Secretary". The explanatory memorandum for the 2005 Act (not reproduced in the provided text but inferable from the structural changes) made clear the intention to create a "one-stop" environmental trigger that could be activated early in the approvals pipeline, reducing the risk of downstream duplication or conflict. The 2025 fee amendments build on that architecture by ensuring that the expanded administrative workload is not borne entirely by the public purse.

Section 3(3), inserted in 2005, requires the Minister to specify in any declaration order the particular procedures and requirements from the guidelines that will apply, increasing certainty and reducing scope for procedural challenge.

The provided text of the Act and its endnotes contain no reported court challenges or judicial consideration. No cases are cited, and the explanatory details section is empty. The absence of offence provisions means litigation has typically arisen in the context of judicial review of ministerial decisions or of downstream approvals granted (or refused) in reliance on the Environment Effects Statement process.

Because the Act contains broad discretionary language – "could reasonably be considered to have or to be capable of having a significant effect on the environment" (s 3(2)), "any additional information that he or she considers necessary" (s 5(1)), "any information that the Minister reasonably requires" (s 8B(2)) – the scope for Wednesbury unreasonableness or jurisdictional error arguments is obvious, although no specific decisions are recorded in the statute itself. The deeming provision in s 8B(7) that automatically classifies works as public works once a notice requiring a statement is issued has the potential to expand the Act's reach dramatically, which could be contested on ultra vires grounds if the underlying works fall outside traditional notions of "public works".

The interaction with the Planning and Environment Act 1987 via s 8F has generated controversy in practice (though again not documented in the text), particularly where a proponent argues that a particular permit decision falls outside the four preserved categories. The introduction of fees in 2025 is likely to provoke disputes over the quantum, the timing of payment, and the lawfulness of staged or differential charging under the regulation-making power in s 10A. Because s 10A(2)(d) permits discretionary reduction, waiver or refund "at the discretion of the Minister or Secretary", procedural fairness arguments around inconsistent application across proponents are foreseeable.

The broad public consultation powers in the guidelines (s 10(1)(ba)) and the Minister's ability to conduct inquiries in private (s 9(1)) have the capacity to generate procedural fairness controversies, especially where third-party submitters are excluded from later stages of decision-making.

Most practitioners assume the Environment Effects Statement process is triggered only by a formal declaration under s 3. That is no longer accurate. Once the Minister issues a notice under s 8B(4)(a)(i), s 8B(7) automatically deems the works to be public works to which the entire Act applies, even if the works would never have satisfied the s 3(2) test in their own right. This "back-door" declaration power significantly widens the net and can surprise proponents who have not sought pre-advice under s 8(3).

The condition-based exemption pathway (s 8B(3)(b)) looks attractive on paper but carries a hidden sting. If the proponent later fails to meet the conditions, s 8E reactivates the full statement requirement and, by cross-reference, the s 8C prohibition on works and decisions. There is no statutory time limit on when the Minister may form the view that conditions have not been met, creating ongoing uncertainty.

The 2025 fee provisions are drafted with extreme breadth. Section 10A allows regulations to impose "more than one fee … or one fee to be imposed in stages" for the same assessment, and to differentiate according to "the nature or complexity of the assessment … as determined by the Minister or Secretary". A proponent who believes an assessment is straightforward may still face a complex-fee quantum if the Minister forms a different view. Because the fee must be paid before the Minister or Secretary performs the function, a dispute over fee amount can stall the entire project.

Section 8G(1) creates what appears to be an unqualified right to "any advice and assistance (including technical advice and assistance) that the Secretary thinks fit". The 2025 insertion of s 8G(2) makes that assistance conditional on payment of the prescribed fee. The Secretary's subjective view of what is "fit" therefore becomes both the gatekeeper to the content of assistance and, indirectly, to the timing of payment. Proponents should obtain written confirmation of the scope of assistance before tendering the fee.

Finally, because guidelines under s 10 may incorporate external documents "as published from time to time" (s 10(2)(b)), a change in an incorporated standard after a statement has been scoped can arguably require the proponent to update the statement at further cost. The Act contains no transitional relief for such changes.

Compliance begins with early strategic assessment of whether the proposed works could have a significant environmental effect. A proponent should consider seeking ministerial advice under s 8(3) before lodging applications under other statutes. If advice is sought by a relevant decision-maker or compelled under s 8(4), the proponent must respond promptly to any request for information issued under s 8B(2).

Where a statement is required, the proponent must:

Identify the precise procedures and requirements specified in the Minister's notice or declaration order (ss 3(3), 8B(5)).
Prepare the statement strictly in accordance with the guidelines issued under s 10, paying particular attention to public consultation and advertising obligations inserted by the 2005 amendments (s 10(1)(ba)).
Budget for the prescribed fees at each statutory gateway (ss 4(4), 5(5), 8B(8), 8C(3), 8G(2)) and monitor any regulations made under the new s 10A.
Engage the Secretary early under s 8G for technical assistance, documenting the request and confirming the fee payable.
Ensure that any conditions imposed under s 8B(4)(a)(ii) are capable of objective verification and are met before proceeding, because breach re-triggers the full regime.
Where an inquiry is appointed under s 9, be prepared to contribute to costs and participate in either public or private hearings as directed.
Maintain a clear audit trail showing that the Minister's assessment has been placed before every relevant decision-maker whose approval is required, satisfying the consideration obligation in ss 6(2) and 8C(1)(b)(ii).
For planning matters falling within s 8F, ensure that the planning application or scheme amendment documentation expressly addresses the Environment Effects Statement findings.

Because the Act interfaces with numerous other statutes, compliance requires a coordinated project approval strategy rather than isolated attention to the Environment Effects Act. Legal sign-off should confirm that no works will commence and no decisions will be made until all s 8C obligations are discharged. Proponents should also monitor the Victorian Government Gazette for declarations under s 3 and for guidelines issued under s 10, given their capacity to alter procedural obligations mid-project.

Environment Effects Act 1978

Plain English Summary

Deep Dive

What it does

Current sections

Environment Effects Act 1978

Source text: opening excerpt

1 Environment Effects Act 1978

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Recent changes and why

Court challenges and controversies

Gotchas

How to comply