It is the responsibility of you and your staff to ensure compliance with all requirements of the relevant legislation. To assist in complying with these requirements, a range of tools and resources has been developed. You are encouraged to use these tools and resources in the day-to-day operations of your business. Completed templates and checklists should be filed and stored as part of your business records.

Council operates within a total compliance framework by incorporating education, regulation and enforcement in ensuring businesses are compliant.

Council encourages operators to achieve best practice environmental management and to exceed Environmental Protection Act 1994 requirements.

Education

The tools and resources developed by Council allow you and your staff to know what is required to ensure your business is operating lawfully. When used effectively, these tools will assist your business to minimise the impact on the environment and avoid enforcement action.

Regulation (Inspection process)

Legislation requires Council to monitor the standard of operations in ERAs and this is achieved through a routine inspection program. The expected frequency of these inspections will depend on the type of ERA being operated and its level of compliance.

Refer to the relevant self-assessment checklist in Tools and Resources to be aware of some of the issues Council will be assessing when visiting your business.

Enforcement

Under the Environmental Protection Act 1994, if you are the holder of a environmental authority you must comply with the conditions of the development approval for the site.

You are responsible for ensuring that all employees comply with the approval conditions.

If you have difficulty complying with your conditions, contact Council.

Failure to comply with these conditions may result in one or more of the following enforcement actions:

• issuing of a letter requiring action or works to be conducted
• issuing of a Direction Notice requiring action to be taken or works to be conducted
• issuing of a Penalty Infringement Notice (PIN or on-the-spot fine)
• issuing of a Notice requiring an operator to conduct or commission an Environmental Evaluation
• issuing of a Notice requiring an operator to prepare and submit an Transitional Environmental Program (TEP)
• issuing of an Environmental Protection Order (EPO)
• adding, changing or cancelling a development condition
• suspension of an environmental authority
• cancellation of an environmental authority
• prosecution.

Complaint management

Council has a duty to investigate and respond to complaints received.

A complaint may result in an inspection of your premises to ensure you are complying with the legislation.