COMPLIANCE

Compliance Monitoring:

If the Competent Authority reasonably suspects that the holder of an Environmental Authorisation or Exemption has violated a condition of the Authorisation or Exemption, the Competent Authority may ask for a written explanation for the non-compliance or violation.

If the violation is causing or has the potential to cause environmental damage, the Competent Authority may ask for an environmental audit report on the harm, or any matter. This report must be submitted on a form and within a period determined by the Competent Authority. The holder must pay all costs of the environmental audit and associated report. The Competent Authority may also require that an independent Environmental Assessment Practitioner, approved by the Competent Authority, perform the environmental audit report. If the holder fails to do so or fails to submit the report within the set period, the Competent Authority may appoint an independent person to perform the audit themselves.

Offences

Criminal sanctions may apply if a person is found guilty of any of the following offences:

  • Providing incorrect or misleading information in any document submitted to the Competent Authority pursuant to the EIA regulations;
  • Failure to disclose information, whether favourable or unfavourable, to the Competent Authority, upon request of the Competent Authority;
  • Failure to prepare an environmental audit report when requested to do so by the Competent Authority;
  • Contravention of or failure to comply with a condition of a grant of Exemption;
  • Continuation of an activity after the Environmental Authorisation has been withdrawn or suspended.