Environment and Resource Management

General environmental duty

What is the general environmental duty

The Environmental Protection Act 1994 states that we all have a general environmental duty. This means that we are all responsible for the actions we take that affect the environment.

We must not carry out any activity that causes or is likely to cause environmental harm unless we take all reasonable and practicable measures to prevent or minimise the harm.

For example, we must not burn rubbish in our backyards (unless permitted by local government), pour oil and other wastes down the stormwater drain or cause unreasonable noise.

To decide what meets your general environmental duty, you need to think about these issues:

Prosecution

A person is not prosecuted for failing to fulfil their general environmental duty.

However, an environmental protection order can be issued to secure compliance with the general environmental duty. If this is not complied with, the person can be prosecuted.

The general environmental duty is a defence to offences related to causing unlawful environmental harm. If a person can show that the harm happened while an activity lawful apart from this Act was being carried out and they fulfilled their general environmental duty, then they cannot be found guilty of causing unlawful environmental harm.

Notification of environmental incidents - Duty to notify

Amendments to the Environmental Protection Act 1994 that alter the requirement for persons to notify the administering authority of environmental harm were passed in late 2010 and will come into effect on 2nd December 2011.

These amendments expand and further define the duty to notify in section 320 of the Act (duty to notify environmental harm) and add sections 320A to 320G.

The duty to notify of environmental harm is a legal requirement that ensures that the administering authority and other relevant persons are made aware of incidents that may have caused or threaten serious environmental harm or material environmental harm, and that appropriate action can be taken to minimise the extent of environmental harm caused. More details about the duty to notify are set out below.

The expanded duty to notify under ss. 320-320G

In addition to the existing duty to notify the administering authority of incidents that cause or threaten serious or material environmental harm, the amendments add a new requirement to notify for chapter 5A activities (i.e. a petroleum, gas, geothermal or greenhouse gas activity licensed by an environmental authority) where the activity:

Incidents that will require notification under the existing and expanded duty to notify will be referred to as 'notifiable events'.

The duty of a person who is an employee, contractor, or agent to notify their employer

A person who is an employee, contractor, or agent (for simplicity referred to as an employee), who causes or becomes aware of a notifiable event, must notify the person who employs them or engaged them as a contractor or agent (for simplicity referred to as an employer) within 24 hours of becoming aware of the event.

The notice given to the employer does not have to be in writing, but must contain sufficient details to provide notice of the event, its nature, and the circumstances in which it happened (for simplicity referred to as the details of the event). An employee should always keep a record of when and to whom they gave notice of a notifiable event.

If notice is given to the employer it is then the employer’s responsibility to give the administering authority written notice with details of the event no later than 24 hours after becoming aware of the event.

If the employer cannot be contacted, then the employee must give the administering authority written notice with details of the event no later than 24 hours after first becoming aware of the event.

The duty of an employer to notify the administering authority and affected owners and occupiers

If an employee reports a notifiable event to their employer, then the employer has a duty to give written notice with details of the event to the administering authority no later than 24 hours after becoming aware of the event.

As soon as possible the employer must also either:

Public notice could be by radio or television announcement or the erection of appropriately sized signs in the vicinity of the affected land.

The duty of persons other than an employee to notify the administering authority and affected owners and occupiers

A person who is carrying out an activity may be neither an employer nor an employee. For example, they could be self-employed (and not working as a contractor), or carrying out an activity as a hobby, outside of their work duties. In this case, if the person causes a notifiable event, they must notify the administering authority within 24 hours of becoming aware of the event.

As soon as possible the person must also either:

Public notice could be by radio or television announcement or the erection of appropriately sized signs in the vicinity of the affected area.

A more detailed explanation of the duty to notify is provided in the guideline The Duty to Notify of Environmental Harm (EM467) (PDF, 136K)*.

Notifying of an incident

The notice Duty to Notify of Environmental Harm (EM468) (Word, 326K)‡ can be used to notify DERM (as administering authority) about notifiable events.

In addition to the written notice, if a person becomes aware of a notifiable event, the person should immediately call the pollution hotline on 1300 130 372 and report the matter.

In addition to notifying DERM, it is considered best practice to notify the council for your local government area.

When the duty to notify does not apply

The requirements do not apply if the serious or material environmental harm has been authorised to be caused under a statutory instrument or approval granted under the Act. Care should be taken as in some circumstances notice may be required to be given under the actual statutory instrument or approval granted.

More information

Further information relevant to responding to specific types of environmental incidents is available on reporting fish kills and contamination cleanups.

If you need more information about the Environmental Protection Act 1994 or environmental protection policies contact your local council or DERM business centre.

Most Queensland legislation is available online. Electronic versions are not official versions. Authorised printed versions can be obtained from the Queensland Government Printer Goprint.

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Last updated 29 November 2011

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