Compliance guidelines
Compliance and enforcement
General information
Information and guidance is developed in line with legislative requirements. Some guidance is general in nature and others more descriptive.
Local government councils also have officers that are authorised under the Environmental Protection Act 1994 (EP Act). Some matters are devolved to local government to administer in the first instance.
Statutory tools
General information and guidance on how the department investigates potential non compliances of the EP Act and the Statutory tools (notices) can be found below.
- Compliance and Enforcement – ESR/2016/2514 - This guideline is still valid for enforcement tools that have been issued and are in force.
- Compliance under the Environmental Protection Act – ESR/2024/6799 - This guideline supersedes the Compliance and Enforcement guideline ESR/2016/2514 above. This guideline applies from 18 June 2024 on commencement of the Environmental Protection (Powers and Penalties) and Other Legislation Amendment Act 2024.
- The Issuing chain of responsibility environmental protection orders under Chapter 7, Part 5, Division 2 of the Environmental Protection Act 1994 Guideline . Note that a reference in this guideline to an EPO is taken to be a reference to an environmental enforcement order (EEO) until such time as new guideline is approved under section 548A(2) of the EP Act for EEOs.
The guideline provides information about how the department decides:- whether a person has a relevant connection with a company
- whether to issue an EEO to related persons of a company
- which of the related persons of a company to issue an EEO to.
The department must have regard to the guideline when deciding to issue an EEO to a related person.
Environmental Enforcement Orders
The Information Sheet - Recipient of an Environmental Enforcement Order (ESR/2024/6802) provides guidance to recipients of an EEO on the next steps.
Transitional environmental programs
Applications and amendment applications are to be made in the approved forms below.
- Approved form for transitional environmental program – ESR/2023/6518
This approved form is to be used when applying for the issue of a TEP. Please use the Transitional Environmental Program Guideline below to assist in filling out this application. - Approved form Amendment of a transitional environmental program – ESR/2023/6400
This approved form is to be used when applying for the amendment of a TEP. Please use the Transitional Environmental Program Guideline below to assist in filling out this application. - Transitional Environmental Program Guideline – ESR/2023/6520
This guideline is to be used to inform the applicant during the process of application of an issue of a TEP, or the amendment of an existing TEP. - Notice – public notice requirements for transitional environmental programs (TEPs) – ESR/2023/6521
This form is to be used when public notification is required as part of your application for an issue of a TEP that extends over a 3-year period, or where a person applies for an amendment of a TEP which extends the period over which the TEP is to be carried out to longer than 5 years. - Approved form program notice (TEPs) – ESR/2023/6516
This form is to be used when notifying about a relevant event for a transitional environmental program (TEP) that has caused or threatened environmental harm. - Approved form annual return for TEP – ESR/2023/6528
This form is to be used yearly by the holder of the TEP to provide to the department.
The requirements in relation to public notice are detailed in sections 335 and 344 respectively of the Environmental Protection Act 1994.
The public notice must be given in the approved form.
Environmental evaluations and investigations
Recipient of a notice to conduct or commission an environmental investigation
The Environmental Investigations information sheet (ESR/2023/6388) provides guidance to recipients of a notice to Conduct or Commission an environmental evaluation on the next steps.
If you are the recipient of a notice to conduct or commission an environmental investigation, in accordance with section 326E of the Environmental Protection Act 1994 you are required to provide a declaration when submitting your environmental report to the department.
Suitably Qualified Person
Declarations are required in certain circumstances when submitting reports and plans to the department in response to a statutory tool. If you are a suitably qualified person, engaged by a recipient of a statutory notice or order, to complete any of the following under chapter 7, part 8 of the Environmental Protection Act 1994.
For further detailed information go to Information for suitably qualified persons.
Auditor
Declarations are required in certain circumstances when submitting reports and plans to the department in response to a statutory tool.
If you are an auditor engaged by a recipient of a statutory notice or order to certify a contaminated land investigation document, such as a site investigation report.
For detailed information go to Auditors.
Enforcement action
Investigations and enforcement are undertaken in accordance with the Enforcement Guidelines. Officers of the department that undertaken inspections and investigations are authorised under the Environmental Protection Act 1994 (EP Act) and other Acts that the department administers.
The department has set clear expectations about acceptable standards of environmental performance and takes prompt, strong enforcement action against those operators who choose not to comply with their obligations to demonstrate the consequences for poor performance.
The Enforcement guidelines, powers of authorised officers and overt/covert policy govern how the department makes decisions about appropriate enforcement action.
For more information on these enforcement documents please visit the Compliance and enforcement page.