Environmental enforcement

Enforcement is a response to identified breaches of the law and involves a range of different actions to deter and punish offenders, support compliance, reduce the risk of existing or ongoing impacts and rehabilitate damage to the environment.

Not all breaches are of equal significance and there are different types of enforcement actions we may use in response. Our choice of action will depend on the context of the issue and be guided by our enforcement principles.

Information about our enforcement principles and how we select the most appropriate enforcement action is detailed in our Compliance and Enforcement Policy.

Enforcement actions may include:

• non-statutory notices which require actions to be completed such as environmental field notices, caution notices and letters of education
• non-statutory written warnings where the department believes an offence has been committed
• statutory notices and directions
• modified penalty notices
• physical interventions
• suspension or revocation of instruments such as licences or permits
• infringement notices
• prosecutions

Statutory notices and directions

A statutory notice or direction is a written notice that requires certain actions to be taken, or to be ceased, within a specified time. It is an offence not to comply with a statutory notice. Legislation authorising the giving of a statutory notice or direction identifies the criteria which must be satisfied before issuing the notice or direction. Further enforcement action may be taken if the offender does not comply with a statutory notice or direction. Examples of types of statutory notices include:

Environmental protection notice

An environmental protection notice (EPN) is a statutory notice under s.65 of the Environmental Protection Act 1986 given where it is suspected that there is, or is likely to be, an emission that has caused, or is likely to cause, pollution or environmental harm (ongoing). The EPN may require the persons served (being the owner or occupier or both) to take necessary measures in a specific time period to investigate, prevent and control the emissions from the premises.

The person subject to an EPN, or a third party, may appeal a requirement in the EPN; however, pending the determination of the appeal the relevant requirement shall continue to have effect.

Prevention notice

A prevention notice (PN) is a statutory notice given under s.73A of the Environmental Protection Act 1986 to manage waste discharge other than in accordance with a works approval, licence, or other approval, that is likely to cause pollution or environmental harm.  The person subject to a PN, or a third party, may appeal a requirement in the PN; however, pending the determination of the appeal the relevant requirement shall continue to have effect.

Vegetation conservation notice

A vegetation conservation notice (VCN) is a statutory notice given under s.70 of the Environmental Protection Act 1986 if it is suspected on reasonable grounds that unlawful clearing of native vegetation is likely to take place, is taking place, or has taken place on the land. The VCN may contain conditions requiring certain actions including rehabilitation.

The person subject to a VCN, or a third party, may appeal a requirement in the VCN; however, pending the determination of the appeal the relevant requirement shall continue to have effect.

Modified penalty notice

A modified penalty notice under the Environmental Protection Act 1986 is a written notice of an alleged Tier 2 offence under s.99 of that Act. It requires the payment of a penalty of 10 per cent of the maximum fine for a first offence or 20 per cent for subsequent offences, or the election of court action.

If the recipient of a modified penalty notice elects to have the matter heard in court, proceedings will occur in the Magistrates Court. Prosecution will be initiated by us if a modified penalty notice is not paid within the specified time.

Prosecutions

We will employ prosecution where it is the appropriate response to a particular circumstance. It is not only applied as a last resort. Specific information about prosecution as an enforcement action is provided in our Prosecutions Guideline.

The Prosecutions Guideline details our approach to prosecution for offences under the legislation we administer and provides guidance on all aspects of prosecution undertaken by us.

In some circumstances other government departments, local governments and water service providers have a compliance and enforcement role under legislation administered by us through by-laws, delegations and legislative provisions. For certain offences under the Environmental Protection Act 1986, a police officer or CEO of a local government may initiate a prosecution with the consent of the Director General.

Enforcement action we have taken

You can view the individual enforcement actions below.