You must report a notifiable incident to us.
This is pollution from a leak, spill or escape of a substance which is not intended or authorised and which:
- impacts human health or the environment
- threatens to cause harm
- impacts an area of high conservation value or special significance
- costs $10,000 or more to prevent or minimise harm from the pollution.
You must report this even when the incident is contained to your property or site.
The duty applies even if actual harm has not happened yet.
The duty does not apply to an incident that only involves noise emissions.
Duty to notify Authority of notifiable incidents, section 32, Environment Protection Act 2017(opens in a new window).
Who it applies to
The person who caused the incident (or who is responsible) must report to us, unless that person knows that someone else has told us.
The duty applies when you become aware of – or reasonably should have been aware of – the incident.
What you must do
When you become aware of a notifiable incident, you must notify us as soon as practicable.
You must report it to us even if it means we may take legal action against you.
To find out how to report, visit Report a pollution incident.
There are penalties if you do not meet this duty.
Examples
Examples of the types of incidents to report include where:
- the release of a substance is uncontrolled or unplanned and could cause material harm
- the substance is harmful to water or land in large quantities, such as milk and organic materials
- clean-up of the substance is expensive
- the substance is dangerous or toxic and threatens the environment or people.
Updated