Our role under the Environment Protection Act 2017 is to prevent and reduce harm from pollution and waste. As part of this, we monitor compliance and enforce the law.
Our approach to compliance and enforcement is a mix of encouragement and deterrence. Our starting point is to assume that most people want to protect human health and the environment from the impacts of their activities. When necessary, we can take criminal action in court.
We focus our compliance efforts on applying the law where we can make the biggest difference. Our risk-based approach uses science and intelligence to assess and respond to risks, including risks from industry activities.
Our Compliance and enforcement policy describes how we make sure people do the right thing. Our Sanction powers policy explains our sanction powers. Our Remedial powers policy explains how we use our remedial powers under the Environment Protection Act.
How we monitor compliance with the law
Monitoring compliance with the law is an important activity to protect human health and the environment. We do this by:
- visiting businesses to conduct inspections and surveillance activities
- overseeing the environmental audit system
- investigating and taking necessary action when potential non-compliance is reported to us.
Inspections and surveillance
Our authorised officers visit businesses to conduct inspections and assess compliance with the law and any specific permission conditions. In our assessments, we also use insights and intelligence from partner agencies.
Under the Surveillance Devices Act 1999, we also have the power to use advanced technology to detect offences.
Environmental audit system
We oversee the environmental audit system, including appointing environmental auditors and monitoring their performance. Planning authorities, government agencies, community and industry all use environmental audits to help them understand the condition of a site and its suitability for use.
Community reporting of pollution and waste
The community plays an important role in monitoring by reporting pollution and waste. We investigate these reports. This includes reports of smoky vehicles, illegal dumping, industry pollution and litter from cars.
Reporting of notifiable incidents and contamination
Reporting incidents that have a risk of harm to human health and the environment helps us to:
- respond to harm
- monitor how risks are managed
- support business and community to prevent harm in the future.
This includes any breach of permission conditions, which businesses must report to us.
Compliance and performance reporting
Compliance and performance reporting by our permission holders helps us:
- monitor their compliance with their permission conditions
- identify broader compliance trends across permission activities.
This may include submitting a performance statement to demonstrate compliance with their permission.
How we enforce the law
We are clear and authoritative when we enforce the law. We explain:
- what has happened and whether the incident qualifies as breaking the law
- what actions must happen now
- what we intend to do next.
Where appropriate, we apply penalties to deter future offending.
Our enforcement action aims to:
- stop the unlawful activity and remedy any harm caused by the non-compliance
- make sure future compliance is achieved and sustainable
- raise awareness of the law and the consequences of breaking it
- punish offenders and remove any commercial advantage gained from the non-compliance.
We take an escalating approach to enforcement. This means we respond more harshly if a business is resistant, evasive or fails to account for its risks. Our hierarchy of actions are:
- support people to understand what they need to do to comply
- work with businesses to address pollution and waste
- hold people to account when they deliberately do things that put our environment and health at risk or actually cause harm
- review our approach based on risk, evidence and impact.
When a business has not met its obligations, we take into consideration:
- the type of offence and how serious it is
- the risk of harm caused
- the characteristics of the person responsible, such as their attitude to dealing with us
- other relevant factors, like the public interest.
We communicate the outcomes of our enforcement actions to warn others of the consequences of non-compliance and to encourage good practice.
For information on the penalties we may apply for not complying, visit Fines and enforcement.
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