Enforcement
Enforcement guidelines
Enforcement measures
Infringement notices
Licence suspension or cancellation
Prosecution
Comment
The Queensland community desires to reduce the adverse effects of human activities on the environment while allowing for ecologically sustainable development. The community seeks clean rivers, fresh air and suitable disposal of hazardous and toxic wastes.
In aiming to protect the environment, the Environmental Protection Act 1994 makes everyone including industry, State agencies and local governments, accountable for their actions, and encourages good environmental practice.
Enforcement guidelines
When considering enforcement action, the Agency aims to achieve consistency
and fairness in enforcement. The Enforcement
guideline is designed to assist the Agency in achieving these goals.
The guidelines also assist business in determining what behaviour will show compliance and consequently minimise the likelihood of prosecution.
Some guideline topics are summarised below.
Enforcement measures
Enforcement measures available to authorities administering the Act include:
- infringement notices
- injunctions to cease an activity
- orders to carry out specified works or clean up damage
- cancellation or suspension of licence
- prosecution
The measure to be used when a breach is discovered depends on factors including the seriousness of the breach, the extent of co-operation from those involved, and their willingness to correct the problems so the environment is not harmed again. In some cases, no enforcement action will be taken.
Infringement notices
Infringement notices are a first response when a one-off preventable breach
is discovered. Infringement notices involve paying a fine but do not lead to
the recording of a criminal conviction. They can be issued by authorised officers
and are appropriate where all the following conditions are met:
- the breach is minor;
- the facts are apparently indisputable;
- the breach is a one-off situation easily remedied;
- inspection discovers a breach that normal operating procedures should have addressed;
- the issue of an infringement notice is likely to be a deterrent.
Licence suspension or cancellation
The administering authority may suspend or cancel a licence because the licensee
has been convicted of an offence against this Act, or the licence was issued
because of a materially false or misleading representation or declaration. The
licensee has the opportunity to make a written representation showing why the
licence should not be suspended or cancelled. Review and appeal rights apply
in this case.
Prosecution
Prosecution is an important tool available to administering authorities to ensure
compliance with the Acts they administer. It is used where serious environmental
harm is alleged, where breaches are wilful or where other management tools are
not appropriate.
Comment
The Agency welcomes your comments and/or suggestions on these guidelines. They
should be addressed to:
The Manager, Litigation Unit
Environmental Protection Agency
PO Box 15155
City East QLD 4002
If you want to provide information on an environmental incident, the EPA Pollution Hotline is available 24 hours a day on 1300 130 372.
Last updated: 26 June 2007
