Unlike in most other Australian States and Territories, there is no general duty to report pollution in Victoria. However, if you cause pollution you may be guilty of an offence and penalties may apply. Additionally, the EPA may serve you with a pollution abatement notice or a clean-up order. These are further discussed in ‘enforcing pollution control’ below.

If your polluting activities cause injury to another person, damage their property or interfere with the use and enjoyment of their land, a common law action may also be brought against you for nuisance, trespass or negligence. You may be liable for compensation or you may be ordered to stop your activity by a court. If your polluting activity is considered a public nuisance, you may be prosecuted under criminal proceedings and punished by a fine or imprisonment.

If you are worried or believe that your neighbour has caused or is causing pollution, it is usually best for you to discuss the matter with them first. Often it is possible to reach a compromise that would avoid the cost, delays and ill-feeling that can be caused by legal action. If you have difficulty speaking to your neighbour, see chapter 10 ‘Dealing with disputes’.

Usually, if a problem originates on residential premises (for example, smoke from burning-off or excessive noise) you should seek help from your local council. If a serious case of pollution occurs or continues, the council or the EPA can prosecute the offenders. Although the EPA generally focuses on larger scale agricultural or industrial pollution and problems in rivers and streams, it will accept telephone complaints and can give advice about domestic pollution.

The EPA's Pollution Watch Line is 1800 444 004 (for regional Victoria) or (03) 9695 2777 (for Metropolitan areas).