Remedial notices and directions
In the event of non-compliance, authorised officers have the power to issue a remedial notice or give a direction.
This page relates to EPA’s compliance and enforcement role under the Environment Protection Act 2017, which is intended to come into effect on 1 July 2021. To find out about EPA’s compliance policies and tools under the Environment Protection Act 1970 visit our page about compliance and enforcement under the 1970 Act.
A remedial notice or a direction is issued to:
EPA’s draft Compliance and enforcement policy (publication 1798) explains the role and use of remedial notices.
Remedial notices are issued if it is found that on reasonable grounds a duty holder:
Authorised officers issue remedial notices, including:
Authorised officers can give a direction when they believe an activity puts another person’s health or safety at risk.
Directions are normally spoken to the person in control of the activity that poses the risk. Written confirmation follows the spoken direction.
An authorised officer must reasonably believe there’s a risk when providing a direction.
Failure to follow a direction without a lawful reason is a serious offence and may result in prosecution.
A site management order is a new tool that allows EPA to establish long-term controls. This ensures safe management of sites that would otherwise pose an ongoing risk to human health and the environment.
Site management orders are given to owners or occupiers of land that may be contaminated. Site management orders are for long-term land management or restoring it to its former condition.
Site management orders can include:
Duty holders who don’t fulfil their obligations by a set date can face prosecution.
Civil remedies in court are also possible. They may require you to take an action. These actions help prevent, minimise or remedy non-compliance.
Reviewed 18 August 2020