Enforceable undertakings
Have your say on how enforceable undertakings will be used by the EPA
Enforceable undertakings are a new enforcement tool under the Environment Protection Act 1970. Enforceable undertakings seek to protect the environment as well as deliver timely and cost effective responses to environmental breaches.
In essence, enforceable undertakings are a set of promises in which an alleged offender voluntarily undertakes to perform various tasks in settlement for contravention of the Act. EPA will only accept an undertaking where it is the most appropriate form of enforcement response and will achieve a more effective and long-term environmental outcome than prosecution.
The capacity to agree on an undertaking in response to a breach of the Act will enable efficient and effective resolution of some issues without the need for costly and time-consuming court proceedings. Importantly, enforceable undertakings provide an opportunity for the Authority to require that a company put in place mechanisms that may prevent future breaches of the Act, promoting behavioural changes in a proactive manner.
In order to ensure the integrity of this new enforcement tool, transparent decision making criteria in the form of “Enforceable Undertakings Guidelines” will form an appendix to EPA’s public Enforcement Policy. EPA is now seeking your comments on the draft Guidelines.
A discussion paper is also available.
Comments or queries can be submitted via email to: Enforceable.undertakings@epa.vic.gov.au
Comments are to be received by COB Friday 26 September 2008.
Should you require any additional information, please email the above address or call 03 9695 2722.