Compliance and enforcement

Annual performance statements


The annual performance statement (APS) is the way licence holders publicly report their environmental performance. It is a public declaration of the licence holder’s performance against licence conditions in the previous financial year. It must be signed by the most senior executive in the company.

Significant penalties, including jail terms, exist for executives providing false or misleading information to EPA.

APSs are submitted at the end of September each year. All submitted APSs undergo a preliminary verification check to ensure that data is complete. EPA compares available information with what has been attested by the licence holder’s senior executive to indicate the likelihood that an APS contains false or misleading information. Statements that have a higher likelihood of containing false or misleading information will be selected for targeted detailed assessments, along with a selection of statements containing a lower likelihood.

EPA uses information from APSs as a source of intelligence leading to targeted licence inspections. This may occur on an individual level (such as repeated non-compliances that need to be remedied) or on a broader level (such as targeting action in certain sectors or on specific conditions). EPA authorised officers may also assess some or all of a site’s APS declarations during a standard licence compliance inspection, particularly with regard to a site’s monitoring program.

  • 100 per cent of all APSs reviewed and attestation with conditions compared to information held by EPA
  • Site and desktop based detailed assessments of 30 APS
  • APSs reviewed as part of licence site inspections

What is EPA focusing on?

In 2014–15, thirty site-based detailed assessments will be conducted to verify APS declarations. An additional number of APSs will be identified for a detailed desktop-based assessment. Both of these approaches will require licence holders to produce or send documentation and evidence in support of their APS declaration. If an operator fails to demonstrate how they determined compliance, EPA will serve a remedial notice requiring an appropriate monitoring program be established. Officers will also collect evidence to determine if the executive has provided false or misleading statement in the APS. EPA will actively seek penalties against executives making false or misleading statements.

What can you do?

  • Ensure that your site’s operations are compliant with all licence conditions.
  • Ensure that you have a monitoring program that allows you and EPA to assess compliance against all your licence conditions.
  • Ensure that you report accurately on your performance against your licence obligations, and that you have sufficient evidence and records available on site to demonstrate your performance.
  • Ensure that you notify EPA immediately of any non-compliance during the course of your operations (as per your licence requirements). There should be no surprises to EPA in your APS as all non-compliances should have been previously reported.

Guidelines

Page last updated on 13 Nov 2017