Compliance and enforcement

Compliance with remedial notices


A remedial notice is a written statutory direction that requires, by law, that a notice recipient undertake works or activities as detailed in the notice. Notices are used to remedy non-compliances or likely non-compliances with the EP Act. They do not expire and remain legally valid until revoked by EPA.

Significant penalties exist for notice recipients who have not complied. In these cases EPA will consider issuing sanctions and also require that the original non-compliance be fixed. If the issue is serious EPA may issue a notice to cease operating until the risk or harm is fixed.

What is EPA focusing on?

EPA will ensure the timely follow up to check if notice conditions have been complied with: whether the risk has been removed, the requirements of the cleanup are met, and the required activities are conducted or necessary controls installed. The most common remedial notices used by EPA are pollution abatement notices and clean up notices. Where businesses have not complied, authorised officers will collect evidence and prioritise enforcement action as per EPA’s Compliance and Enforcement Policy (publication 1388).

What can you do?

If you have been issued with an EPA remedial notice or purchased a site to which a notice applies, you should review the requirements of the notice to ensure that you have met them by the due date specified.

If your operations have changed and you feel it may impact on notice compliance, or if you are unable to comply with any requirement of the notice, you should immediately notify EPA by calling 1300 372 842 (1300 EPA VIC), quoting your notice number. EPA will consider any notifications by the notice recipient when determining how the risk or harm has been remedied or if a sanction should be pursued.

Guidelines

Page last updated on 2 Aug 2017