Enforcement
To protect the environment and ensure clean rivers, fresh air and suitable disposal of hazardous and toxic wastes, the Environmental Protection Act 1994 makes individuals, industry, state agencies and local governments accountable for their actions, and encourages good environmental practice.
Enforcement guidelines
A range of enforcement measures are available to authorities administering the Act.
The measure to be used when a breach is discovered depends on factors including:
- the seriousness of the breach
- the extent of cooperation from those involved
- their willingness to correct the problems so the environment is not harmed again.
In some cases, no enforcement action will be taken.
Measures available include:
- infringement notices
- injunctions to cease an activity
- orders to carry out specified works or clean up damage
- cancellation or suspension of licence
- prosecution
Infringement notices
Infringement notices are a first response when a one-off preventable breach is discovered. Perpetrators must pay a fine, but no criminal conviction is recorded. Authorised officers can issue notices where all the following conditions are met:
- the breach is minor
- the facts are apparently indisputable
- the breach is a one-off situation easily remedied
- the breach is one that normal operating procedures should have addressed
- the issue of an infringement notice is likely to be a deterrent.
Licence suspension or cancellation
The administering authority may suspend or cancel a licence if:
- the licensee has been convicted of an offence against this Act; or
- the licence was issued because of a materially false or misleading representation or declaration.
The licensee has the opportunity to make a written representation showing why the licence should not be suspended or cancelled. Review and appeal rights apply in this case.
Prosecution
Prosecution is appropriate where:
- serious environmental harm is alleged
- breaches are wilful; or
- other management tools are not appropriate.
Comment on the guidelines
The department welcomes your comments and/or suggestions on these guidelines. They should be addressed to:
The Manager, Litigation Unit
Environmental Protection Agency
PO Box 15155
City East QLD 4002
To provide information on an environmental incident at any time, call the DERM Pollution Hotline.
Last updated: 27 October 2009