Penalty Infringement Notices
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Penalty infringement notices (PIN) are a way of dealing with common breaches of the law where the impacts are not considered serious enough to warrant prosecution. A penalty infringement notice imposes a financial penalty (a fine) for breaches of the law and can be issued by an EPA Authorised Officer.
Three types of penalty infringement notices can be issued by EPA:
- A litter penalty infringement notice for an offence against the litter provisions of the EP Act. Fines range from over $120 for an unlit cigarette or smaller item like a napkin to over $240 for larger items of litter e.g. fast food packaging or a lit cigarette. Read more about litter
- A motor vehicle penalty infringement notice of up to 5 penalty units or around $611 (individual) or up to 10 penalty units or around $1221 (company).This is based on the current penalty unit of $122.14.
- An environmental penalty infringement notice for any other offence against the EP Act. Fines range from $1,200 for an individual up to $6,000 for a company.
Offences for which penalty infringement notices may be applied are well-defined and there is usually a low level of danger to the environment, health or wellbeing. Examples are:
- failure to comply with waste transport regulations
- low level waste discharges, environmental hazards or non-compliance
- littering, including dropping a cigarette butt from a vehicle
- motor vehicle (noise or emissions) offences.
Read more about penalty infringement notices in the Compliance and Enforcement Policy 
(PDF 1.18MB)
Options when a penalty infringement notice is received
A person receiving a penalty infringement notice has the following options:
- Pay the penalty infringement notice within the original time limit
A penalty infringement notice provides at least 28 days to pay the fine or take other action. The due date for payment is clearly specified on the penalty infringement notice. A penalty reminder notice includes additional costs if payment is not received. The penalty infringement notice amount is set out in the EP Act and is not negotiable.
The matter is resolved upon full payment of the PIN.
- Apply to pay the penalty infringement notice in installments
The Infringements Act (2006) provides for the payment of fines in installments in certain circumstances. To be eligible for a payment plan, the person receiving the PIN must be a ‘natural person’ (that is not a company) and must have one of the following:
- Centrelink Pensioner Concession Card
- Department of Veterans' Affairs Pensioner Concession Card or Gold Card
- Centrelink Health Care Card (any type, including non-means tested)
EPA needs to be contacted well before the due date for a request to pay by installments or for an extension of time to pay the fine. If a payment plan is entered into, the full amount must still be made by the due date. If not, the matter will be referred to the Infringements Court in the case of a litter penalty infringement notice and EPA cannot accept any payment after that.
Disputing a PIN
There are three ways to dispute a penalty infringement notice:
- Providing a statutory declaration (litter penalty infringement notice only)
- A statutory declaration may be sent to EPA if either of the following two circumstances applies:
- You are nominating a different owner or driver of the vehicle: this must include the full name and residential or business address of the person nominated. For more information please refer to section 45I (1) of the EP Act.
- If you believe you did not commit the offence: this must explain why and identify who was responsible for the vehicle and its location at the time of the offence. If this is not known, the declaration needs to reflect this. It is important to note that the Evidence Act (1958) governs the use of statutory declarations. Anyone who knowingly makes a false declaration commits an offence which carries significant penalties, including imprisonment.
Once a statutory declaration is submitted, EPA will advise of the outcome, which may include withdrawing the infringement, re-issuing it, or advising that the fine still needs to be paid.
- Applying for an internal review
- the PIN was issued contrary to the law or involved mistaken identity
- special circumstances apply, which are specifically defined in Infringement Act (2006), such as mental or intellectual disability
- there are exceptional circumstances that should excuse the conduct for which the infringement notice was served
- Choose to have the matter dealt with in Court
The Infringements Act (2006) allows anyone who receives a PIN to apply for an internal review by the issuing agency (in this case EPA). The review process is indepedent to the parties involved in making the original decision.
You can apply for a review of a PIN if you believe that:
An application for internal review needs to be made in writing, must include why the decision should be reviewed and current address details. An internal review cannot be made after the payment period specified in the PIN.
In the case of a litter PIN, an application for an internal review must be made before the infringement is referred to the Infringements Court. For Environmental PINs, an application must be made before EPA withdraws the PIN and it is referred to the Magistrates’ Court - which will be after the expiry of the payment period specified in the PIN.
Upon receiving an internal review application EPA must review the decision within 90 days (unless further information has been requested by EPA, in which case the timeframe is extended). The applicant will be notified within 21 days of EPA making a decision.
If the decision is upheld the fine and any associated costs must be paid within 14 days of the applicant being served with written notice advising of the outcome of the review.
If the fine is not paid, the matter will be referred by EPA to the Magistrates’ Court.
Those who do not want the offence to be dealt with as a PIN are able to exercise their right to take the matter to the Magistrates’ Court to be determined at a formal hearing.
If the matter goes to court the Magistrate will decide the case and any appropriate penalty. If the Magistrate finds the party guilty of the offence for which the PIN was initially issued, the Magistrate must take into account the maximum penalty under the EP Act when deciding an appropriate penalty.
This may mean that a higher fine than the initial one under the PIN may be ordered by the Court. Alternatively, the Court may decide on alternative sentences available to it under the Sentencing Act (1991) or the EP Act.