It is an offence under the EP Act to cause or permit air pollution, whether by creating an offensive smell, excessive smoke, fumes or emissions from your vehicles. Penalties will apply.
Air pollution occurs if you emit any substance which is:
- noxious, poisonous or offensive to the senses of other people;
- harmful or potentially harmful to health, safety and welfare of other people;
- harmful or potentially harmful to other people’s property;
- poisonous, harmful or potentially harmful to wildlife or vegetation; or
- detrimental to any beneficial use of the atmosphere.
Air pollution occurs mainly from industrial discharges, motor vehicle emissions and domestic wood burning (see more information on vehicle emissions and wood burning and open fire places below).
Health legislation also applies to offensive fumes and gases.
For more information on air pollution visit the EPA at www.epa.vic.gov.au.
You will be guilty of an offence under the EP Act if you:
- construct, manufacture, assemble, sell or offer to sell any new vehicle which does not comply with prescribed standards;
- sell or offer to sell any other vehicle which does not comply with prescribed standards;
- construct, manufacture, assemble, sell or offer to sell, install or offer to install a vehicle, machinery or ship not fitted with a required device for minimizing pollution;
- construct, manufacture, assemble, sell or offer to sell a vehicle not constructed or labelled in a prescribed manner; or
- use a motor vehicle that is not equipped with a required pollution-minimizing device and does not comply with prescribed standards.
Prohibitions also apply on the sale or offer for sale of petrol containing excess lead.
The prescribed standards are set out in the Environment Protection (Vehicle Emissions) Regulations 2003 which cover visible and non-visible exhaust emissions, evaporative fuel emissions, and prohibit tampering with anti-pollution equipment.
If you commit an air polluting offence, a penalty of over $250,000 may apply, or a daily penalty of over $125,000 for a continuing offence.
For more information on motor vehicle emissions, including tips for improving your motor vehicle emissions, visit the EPA at www.epa.vic.gov.au.
You can report smoky vehicles by calling the EPA on (03) 9695 2755, 1800 444 051 or via the EPA online reporting facility
If you have concerns about the air quality in your local area as a result of traffic, contact VicRoads on 13 11 71 or your local government transport officer.
Wood heaters and open fire places
Wood smoke can be a serious environmental nuisance for neighbours, affecting their health and their enjoyment of their home and quality of life.
For more information on domestic wood burning, including tips on selecting, purchasing and maintaining wood heaters, and how to reduce smoke from your wood heater, visit the EPA at www.epa.vic.gov.au/woodheaters.