Subordinate legislation reform

Subordinate legislation reform

The Subordinate Legislation Reform Project (the project) is being run jointly by the Department of Environment, Land, Water and Planning (DELWP) and EPA.

The project's goal is to develop and deliver the necessary Regulations and environment reference standards on behalf of the Victorian Government. This is to support the new environment protection laws coming in to effect in 2020. Learn more about the new laws here

Further information about the legislative changes is available from DELWP.

What can you expect?

The development of effective and efficient subordinate legislation to support community and business to understand and comply with obligations under the new environment protection laws.

Development of Regulations and environment reference standards (ERS)

We have commenced the development of Regulations and environment reference standards that take into consideration:

  • the effectiveness of existing regulation and policies
  • feedback from stakeholders provided through current reviews and working groups
  • strategies to manage the risk of harm to human health and the environment.

Project timelines

The Regulations and environment reference standards will be developed in time to support the commencement of the new Act.

Activity  Date 
Targeted stakeholder engagement and workshops

A series of discussions and workshops with key stakeholders, industry representatives and local government.

 Early 2019 - mid 2019
Public comment period

Public consultation via submissions made to the project to gather public views on the draft subordinate legislation (Regulations and environment reference standards) and impact assessments to ensure that we develop fit-for-purpose subordinate legislation.

 Mid 2019
Review of public comment submissions

Submissions will be reviewed and considered to prior to the Regulations being made by Government. The submissions received are considered and may ultimately result in changes being made to the draft Regulations or environment reference standards.

Late 2019 - early 2020
Anticipated making of the subordinate legislation Early 2020

Who we have engaged with

To date, the project has engaged with representatives from community groups, licence holders, peak industry bodies, businesses and government agencies across topics, including:

  • waste
  • water
  • noise
  • air
  • contaminated land.

How to be involved

We will provide regular updates on the project, however if you have any queries at any time, you can contact us at

Stakeholder input is critical to ensure that we deliver effective Regulations and standards to enable duty holders to properly understand their obligations and enhance compliance with the new environment protection laws.

All stakeholder feedback gathered during the consultation period (both pre-public comment and during public comment) will be taken into consideration for the development of the proposed subordinate legislation.

Regulatory impact statement

Prior to introducing any new regulations, we will undertake a comprehensive review of the impact that any new Regulations may have on Victorian businesses and the broader community. As part of this review, a regulatory impact statement (RIS) will be developed to estimate the impact, in terms of costs and benefits, of proposed Regulations and other regulatory approaches. The RIS considers:

  • the types and significance of costs that business or industry would incur if the Regulations were made
  • how potential Regulations might influence business practices and environmental outcomes
  • the suitability of potential Regulations to address risks of harms to the environment and/or human health, relative to other subordinate instruments or alternative approaches (such as industry-led approaches).

If you are contacted to give your views as part of the RIS, we encourage you to participate and provide us with the input to ensure the Victorian Government is able to determine the best approach to achieve better community outcomes through fit-for-purpose Regulations.

An impact assessment on the proposed ERS will also be published for comment.


Page last updated on 17 May 2019