This page relates to EPA’s policies and tools under the Environment Protection Act 1970. To find out about EPA’s compliance and enforcement role under the Environment Protection Act 2017, which is intended to come into effect on 1 July 2021, visit the compliance and enforcement page.

A notice of contravention will be issued where there is a major ongoing contravention of the Environment Protection Act 1970 (EP Act) and further enforcement action by EPA is planned. The issuing of a notice of contravention indicates that EPA considers any further breach of the EP Act as a serious offence.

A notice of contravention formally advises the recipient that they are contravening a legal requirement and applies a daily penalty.

The recipient of a notice of contravention becomes liable when they are prosecuted to substantial daily penalties for every additional day the contravention continues. The additional daily penalty may result in the matter being prosecuted in a higher court.

All notices of contravention will trigger:

  • a review of alternative avenues to prevent further non-compliance or harm, such as licence/permit suspension, notices to stop activities, or a statutory injunction; and
  • active surveillance and monitoring of the site to determine whether impact or harm has been lessened, whether remedial action has been initiated by the offender, and to collect evidence for any future prosecution.

Further information on notices of contravention is available in EPA’s compliance and enforcement policy.

Read next

Compliance and enforcement under the 1970 Act

Enforceable undertakings

Authorised officer powers

Sanctions

Infringement notices

Prosecutions

Remedial notices and directions

Compliance and Enforcement Review

 

This page was copied from EPA's old website. It was last updated on 18 October 2016.

Reviewed 18 August 2020