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.

    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.

    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.