Guidelines on enforceable undertakings

Enforceable undertakings are voluntary, legally binding, written agreements between the EPA and a company that or individual who is alleged to have breached environmental legislation.

The agreement includes commitments by the company or individual, in response to an alleged breach, that are designed to improve environmental outcomes and prevent similar incidents occurring in the future.

The EPA uses enforceable undertakings where there has been a serious alleged breach of the legislation. Enforceable undertakings are a:

  • more serious regulatory response than issuing a warning letter or penalty notice
  • less serious regulatory response than prosecution (e.g. where it is possible to incur a criminal conviction).

The EPA's Guidelines on Enforceable Undertakings set out:

  • what an enforceable undertaking is
  • when the EPA is and is not likely to accept an enforceable undertaking
  • what an acceptable enforceable undertaking must address
  • how you can propose an enforceable undertaking to the EPA and the process for negotiating such an agreement
  • how the EPA will monitor compliance with enforceable undertakings
  • guidance on negotiating appropriate projects for the benefit of the environment and community
  • standard conditions of an enforceable undertaking.

Download the Guidelines on Enforceable Undertakings (PDF 547KB)

If you want to propose an enforceable undertaking to the EPA you must submit a completed application form. By submitting an application form you are inviting the EPA to consider an enforceable undertaking with you.

You will need to refer to the guidelines when completing the Application form.

Download the Enforceable Undertaking Application Form (DOC 69KB)

The EPA determines when an enforceable undertaking is an appropriate response by referring to the above policy and these additional and relevant policies:

All enforceable undertakings are made public and placed on the public register.

You can also view the media releases for all enforceable undertakings the EPA has entered into.