EPA action deters environmental offenders
We continue to hold polluters to account to protect the environment and human health and our investigative process leading to prosecution in major cases can be complex. But changing behaviour to prevent harm, is the best outcome.
The EPA takes a range of actions to achieve compliance
Investigations lead to educative action or prosecution
Complex investigations by the EPA can take many months to reach fines or prosecution. Breaches of environmental legislation are often detected through reports from community or during EPA regulatory inspections or audits and the investigation process that follows can lead to prosecution or other regulatory actions such as clean up notices, environmental undertakings, penalty notices, official cautions and advisory letters.
“Investigations are carried out by EPA authorised officers and if the investigation is serious or complex, the Major Compliance and Investigation Branch or our Waste Crime Taskforce may take carriage of the matter,” EPA Chief Investigator Jason Bentley said.
“The complexity of an investigation varies from case-to-case and depends on things like the potential offence, number of witnesses and suspects, and the need for specialised expertise.”
Jason said that very complex investigations often take many months to complete, involve many EPA officers, and the coordination and collaboration with other government agencies, such as the NSW Police Force and local councils.
One recent EPA investigation involved:
- up to 40 EPA authorised officers, legal officers, expert witnesses and police officers
- the execution of four search warrants,
- the inspection and analysis of large volumes of records and other evidence,
- obtaining affidavits from witnesses.
“The purpose of an investigation is to gather the facts in each matter in an admissible form to determine if and what regulatory action is appropriate in the circumstances, in line with the law and EPA policy,” Jason said.
“The aim of our regulatory responses is always to promote compliance to deliver improved environmental and community outcomes."
Regulatory Action Table
1 November 2020 to 30 April 2021
EPA officers are always out inspecting licensed businesses, investigating incidents and appearing in court. In some cases, COVID-19 restrictions have affected court proceedings with some matters being adjourned, resulting in reduced court matters and lower total financial penalties.
| Regulatory action | Total |
|---|---|
|
Inspections# undertaken- Incident related: 75, Site Surveys: 22, Other: 348 |
958 |
|
Prevention Notices issued (s.96) |
5 |
|
Clean Up Actions issued (s.91) 2 of the 17 using new waste dumping template |
31 |
|
Clean Up Actions issued 2 (s.92(1)) |
1 |
|
Penalty Notices issued under Protection of the Environment Operations Act : 27 |
54 |
|
Infringement Notice for Littering from a motor vehicle issued |
2,268 |
|
Infringement Notice for smoky vehicle issued |
23 |
|
|
|
|
Environmental Improvement Programs commenced ## |
1 |
|
Pollution Reduction Programs commenced |
51 |
|
Other Environmental Programs commenced |
17 |
|
Enforceable Undertakings commenced - issued |
4 |
|
|
|
|
Environmental programs total worth (excludes Enforceable Undertakings*) |
$183,567,000 |
|
Enforceable Undertakings total worth |
$2,650,000 |
|
|
|
|
Prosecutions |
|
|
Prosecutions commenced |
51 |
|
Prosecutions completed |
39 |
|
Total financial penalties imposed |
$1,091,050
|
# Inspections for example take place on building sites, waste storage sites and in forests
## Environmental programs are set by the EPA through discussion with licensees