1Environment 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. **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 of *Director* repealed by No. 10087 s. 3(1)(Sch. 1 item 54(a)).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 (c) a statement is not required for the works. (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— (c) the date that is one month after the person or body receives the Minister's assessment of the statement; (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— (c) the date that is one month after the person or body receives the notice; (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; (c) a decision to amend or to refuse to amend an application for a permit; (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). (c) matters which should be contained in a statement or a supplementary statement; (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 (c) the reduction, waiver or refund in whole or in part, of any fee, in specified circumstances including the following— (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](http://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** | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details No entries at date of publication.