POLLUTION

Local councils have responsibilities for sewers, drains, public health and sanitation, and can provide information about planning schemes and copies of planning permits. The relevant local retail water and sewerage company can provide information about trade waste. This information can generally be obtained with a Freedom of Information request.

Complaints about industrial pollution and noise, discharge of solids, liquids or gases detrimental to health or the environment, offensive smells and obnoxious or hazardous dumps should be made to EPA Victoria's 24-hour Pollution Watch Line (tel: 9695 2777, or outside the metropolitan area 1800 444 004), or in writing. EPA Victoria also has a 24-hour litter report line (tel: 1800 352 555) and a 24-hour smoky vehicle report line (tel: 9695 2755, or outside metropolitan area 1800 444 051). Reports can also be made online via EPA Victoria's website at www.epa.vic.gov.au.

Complaints about noise and other discharges of material or gas that are offensive to the human senses, dangerous constructions and "offensive industries" (such as abattoirs and piggeries) may be made to the local council and to the Department of Human Services, and may also be made to EPA Victoria. Where a nuisance such as noise, dust or odour is, or is liable to be, offensive or dangerous to health, the local council can be asked to apply for an abatement notice in the Magistrates' Court under the Health Act 1958 (Vic) ("HA 1958"). If the local council does not act within a reasonable time, a member of the public can apply to the Court. Under s31A of the Environmental Protection Act 1970 (Vic) ("the EPA"), a pollution abatement notice may be served on the occupier of premises to control the activities on those premises in order to stop or prevent pollution or unreasonable noise from occurring.

Appeals against such notices can be made to the Victorian Civil and Administrative Tribunal (VCAT) (ss.34 and 35). Residents who have made complaints can assist EPA Victoria by appearing as witnesses. Greater assistance can be provided if notes are made about an incident shortly after it occurs. People who are not appearing as witnesses but still wish to be heard should write to VCAT.

The Environment Defenders Office (Vic) Ltd (EDO) is a community legal centre which offers specialised advice and publishes information on public interest environmental and planning law matters. It may be contacted at:

EPA Victoria will provide information on regulations and State Environmental Protection Policies, where they are not available on its website.

For further information refer to the EPA website at www.epa.vic.gov.au or The Law Handbook, chapter 11.

Australasian Legal Information Institute (AustLII): www.austlii.edu.au

The Commonwealth Department of Environment and Heritage is now known as theDepartment of the Environment and Water Resources: www.environment.gov.au

Department of Human Services – Emergency Management: www.dhs.vic.gov.au/emergency

Department of Sustainability and Environment:www.dse.vic.gov.au/dse/index.htm

Environment Defenders Office (EDO): www.edo.org.au

Environment Protection Authority Victoria EPA Victoria: www.epa.vic.gov.au

Lawyers for Forests: www.lawyersforforests.asn.au

National Environment Protection and Heritage Council: www.ephc.gov.au

National Pollutant Inventory: www.npi.gov.au

Sustainability Victoria: www.sustainability.vic.gov.au

Victorian Civil and Administrative Tribunal (VCAT): www.vcat.vic.gov.au