🏭 EPA & Council Defence Lawyers

When the EPA or a Council Takes Action Against You

EPA Victoria and local councils have wide powers to investigate, issue notices, impose fines and prosecute in court. An EPA notice, a planning or building enforcement order, a council infringement or a court summons can put your business, your development or your property at serious risk — often with tight deadlines attached. We act quickly to challenge the action, protect your rights, and resolve the matter on the best possible terms, whether that means having a notice withdrawn or varied, a fine waived, or a charge defended in court.

Defending EPA Victoria Prosecutions & Notices

Under the Environment Protection Act 2017 (Vic), EPA Victoria enforces the General Environmental Duty (GED) along with a wide range of obligations covering pollution, waste, contamination and nuisance. We defend clients against:

• General Environmental Duty (GED) breaches
• Pollution, contamination & waste offences — including illegal dumping and unlawful transport of waste
• Odour, dust, noise and other nuisance allegations
• EPA notices — improvement notices, prohibition notices, environmental action notices, site management orders and clean-up/remediation notices
• EPA infringement notices and penalty reviews
• Contaminated land, audit and remediation obligations
• EPA prosecutions in the Magistrates' and County Courts

We can seek internal review of EPA notices, challenge them at VCAT, and defend prosecutions — acting fast, because EPA notices often carry short compliance deadlines.

Defending Council Planning & Building Enforcement

Local councils enforce planning and building law and regularly take action against owners, developers and builders. We act in:

• Planning enforcement — planning infringement notices and enforcement orders at VCAT under the Planning and Environment Act 1987
• Unpermitted use or development, and breaches of planning permit conditions
• Building orders and notices, and illegal or non-compliant building works under the Building Act 1993
• VCAT proceedings — enforcement orders, reviews and disputes with council
• Negotiating with council to regularise works or use and avoid or minimise penalties

Council Fines, Local Laws, Food Act & Fire Prevention

• Local laws infringements & prosecutions — unsightly or overgrown land, illegal structures, animals, waste, signage, and more
• Reviews and appeals of council infringement notices
• Fire prevention notices — failure to clear fire hazards and related prosecutions
• Food Act 1984 prosecutions & notices for cafes, restaurants and food businesses — closure orders, improvement notices and hygiene-related charges
• Public & environmental health matters

Councils We Act Against

We regularly act for clients across Melbourne's northern and western growth corridors, including Hume City Council, City of Whittlesea, Mitchell Shire, Darebin, Banyule, Merri-bek (Moreland), Nillumbik, Melton, Wyndham and Brimbank — and we can act against any Victorian council.

Why Lawyers of Preston

EPA and council matters sit at the intersection of regulatory law, planning, property and litigation — which is exactly our strength. Our principals bring commercial, property and litigation experience, so we understand both the legal process and the practical impact on your business or project. We move fast on deadlines, deal with the regulator on your behalf, and stay focused on the outcome that protects you: notices withdrawn or varied, penalties reduced, and charges defended.

Frequently Asked Questions