Enforcement actions
Statutory enforcement actions are issued by the department to an individual or company for non-compliance with a condition of an environmental authority or the Environmental Protection Act 1994 (EP Act).
The following statutory enforcement actions are available on this portal.
- accepted enforceable undertakings
- transitional environmental programs
- environmental enforcement orders
- environmental protection orders
- environmental evaluations
- direction notices
- clean-up notices
- cost recovery notices.
The Environmental Enforcement Order (EEO) is a new compliance tool that replaces and consolidates the existing powers of Environmental Protection Orders (EPOs), Direction Notices (DNs), and Clean-up Notices (CNs). Existing EPOs, DNs and CNs will continue to have effect and their requirements will still be enforceable. EPOs, DNs and CNs will continue to be kept on the public register to ensure a historical record of compliance and enforcement actions remains available.
In addition, some information and documents in relation to some of these enforcement actions are also made available on the portal.
The following enforcement information is not included in the Public Register:
- warning notices and letters
- penalty infringement notices
- prosecution outcomes.
To help you get the most out of your searches the department has created a link between enforcement actions and the environmental authorities (EAs) they relate to. In some instances there will be enforcement actions that do not relate to an EA including offences under the EP Act for carrying out unlicensed activities or the issuing of a clean-up notice for an environmental incident such as a truck roll over. In these instances you can still search by enforcement type, date range, issued to, or the location search fields.
Note: If your search includes a filter for Activity of the related permit or for Industry of the related permit your search will be limited to enforcements actions that have a related EA.
Note: This public register links enforcement records to its associated environmental authority. It is important to note that environmental authority results will display its enforcement history which may relate to previous holders of that authority and may not be associated with the current holder.
For further information on the different compliance notices available to the department and how the department enforces compliance with the EP Act please see below.
-
Compliance and Enforcement – ESR/2016/2514 - This guideline is valid for enforcement tools issued from 1994 to 17 June 2024 that are in force.
-
Compliance under the Environmental Protection Act – ESR/2024/6799 - This guideline is valid from 18 June 2024 on commencement of the Environmental Protection (Powers and Penalties) and Other Legislation Amendment Act 2024.
Download a list of enforcement actions issued by the department.