The Environment Protection Act 2017 has a range of tools to make sure people comply with the law.
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 sanction is a punishment or consequence if you don’t comply with the law. EPA can use different types of sanctions. These include:
We use our Compliance and enforcement policy (publication 1798) to decide which sanctions to use. The policy covers the types of sanctions. EPA’s decisions will also consider the Regulatory strategy 2020-2025 (publication 1800).
EPA can issue a warning where we have evidence of non-compliance for some lower risk activities. Warnings can help you to learn how to comply and improve the way you do things.
Infringement notices are a financial penalty for breaches of law. An infringement notice is like a fine. It means that you must pay an amount of money for breaking the law. These cover a limited number of offences under the Environment Protection Act 2017 and Regulations.
An enforceable undertaking is an alternative to prosecution or a civil penalty proceeding. Under an enforceable undertaking, an alleged offender voluntarily enters into a binding agreement with EPA. They agree to undertake actions to deal with the non-compliance and any impacts.
EPA will start criminal prosecutions for serious breaches of the law. This could mean Supreme Court action.
Civil proceedings in the Magistrates’ or Supreme Court are an alternative to criminal proceedings.
A court makes a court order as part of a criminal prosecution or civil proceeding. Court orders reflect the expectations of the community when it comes to environment protection.
Court orders apply to the person who broke the law and can take several forms. They include requirements to pay financial penalties, publish an apology, or restore the environment.
Reviewed 18 August 2020