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EPA & council defence · Prosecutions

Facing an EPA prosecution

An EPA prosecution is a criminal proceeding, and the penalties available under the Environment Protection Act 2017 are substantial — for companies and, in some circumstances, for the individuals behind them. Investigations often begin long before charges: what a business says during an inspection or in correspondence frequently becomes the case against it. Advice is most valuable before you answer, not after you are charged.

Part of our EPA & council defence practice.

Time matters here. A prosecution is a court matter with real penalties and, for a business, real reputational consequence. Early advice shapes the outcome more than late advocacy.
How we help

What we help with

The process

How it works

Understand the case being built

What has been seized, said and recorded. We work out what is actually provable against you rather than what is alleged.

Advice before you engage

Responses to the EPA are evidence. We help you meet genuine obligations without volunteering conclusions.

Contest or mitigate

Where a charge should be contested, we contest it. Where the sensible course is a plea, the material put on penalty is where the outcome is made.

Common questions

Good to know

How serious are EPA penalties in Victoria?

They are among the higher penalties in Victorian regulatory law, particularly for corporations, and can be accompanied by orders to remediate or publicise the offence.

Can directors and managers be liable personally?

In some circumstances, yes. That is one reason company officers should get advice on their own position early rather than relying on the company’s response.

Should I talk to the EPA?

You may have obligations to provide certain information, but that is not the same as answering everything asked. Get advice on the difference before an interview.

General information only — for advice about your situation, book a consult or call us.

Under investigation or charged? Get advice before you respond.

Speak with a lawyer who acts in EPA and council matters across Victoria — book online, or call us.