Enforceable undertakings
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. A copy of the Guidelines, published on 14 May 2009 can be viewed on the Government Gazette website at: www.gazette.vic.gov.au.
Should you require any additional information, Please call 03 9695 2722.