Earlier this month, the Supreme Court of Victoria fined Hallam Road landfill operator Veolia $1 million for multiple breaches of its operating licence and for failing to comply with its general environmental duty.
According to the judgment, the $1 million penalty will be paid into the EPA’s Restorative Project Account, a fund used to deliver restorative projects that benefit the community surrounding the Hallam Road landfill.
So what is the EPA’s Restorative Project Account, and how does it work?
Star News has contacted the EPA for clarification. Here’s an explainer.
According to the EPA, when an offence occurs under the Environment Protection Act 2017, the Court has the option to require the offender to fund a restorative project instead of imposing a conventional fine.
How Restorative Projects Are Ordered
The Court can:
• Nominate a specific project, or
• Set an amount of money to be paid into the EPA-administered restorative projects fund.
Every project must restore or enhance the environment or deliver a public benefit.
The Restorative Project Register
To identify suitable projects, EPA has created a Restorative Project Register—a list of eligible organisations with the capacity to deliver environmental restoration initiatives. These organisations may:
• Be considered for funding, or
• Be recommended to the Court in future cases.
Assessment and Eligibility
Projects seeking funding undergo a detailed EPA assessment to ensure they meet legislative requirements and provide significant and demonstrable benefit to the environment and community.
Organisations can apply to join the register by emailing restorative@epa.vic.gov.au for a registration form. Eligible organisations must be legally incorporated and have a cultural, educational, environmental, or environment-related role. Examples include:
• Community organisations
• Not-for-profit or non-government organisations
• Traditional Owners
• Schools and universities
• Research groups
• Local government
• Catchment management authorities
Recent Examples
• In 2024, an EPA civil enforcement action resulted in SBI Landfill Pty Ltd paying $200,000 for “a project for the restoration or enhancement of the environment in a public place or for the public benefit.” A shortlist of projects is currently under consideration.
• A recent Supreme Court decision in a civil enforcement action against Veolia resulted in an order for $1 million to be paid into the restorative account for a project to be determined by the EPA.
