Policies and guidelines

The following policies and guidelines set out specific details about how the EPA operates.

Compliance policies and guidelines

Compliance policy

The EPA Compliance Policy reflects the agency's values as an independent, accountable and modern regulator. It summarises the EPA's approach to compliance and enforcement and explains how it works to achieve compliance and drive improved environmental performance.

The Compliance Policy guides EPA decisions, ensuring its compliance activities and actions are consistent, fair and credible.

Compliance strategies have been developed to guide the regulation of native forestry on both private and public lands. The strategies incorporate a risk-based approach to compliance which ensures the EPA focuses its attention and resources on those areas that pose the greatest risk to the environment or are of major concern to the community.

Compliance plan

The Compliance Plan 2017–18 (PDF 1.1MB) sets out the EPA's compliance priorities for the year.

The Plan aims to

  • provide transparency for industry and the broader community about the EPA’s compliance activities
  • raise the community’s environmental awareness
  • encourage compliance among EPA licensees
  • maintain and improve environmental outcomes associated with the activities the EPA regulates.

The Plan does not provide an exhaustive list of all EPA’s compliance activities that will be undertaken during 2017–18. The EPA monitors compliance using various mechanisms, including community and industry reports to Environment Line. These reports provide details of potential environmental impacts and non-compliance. The EPA follows up on all issues and will take immediate action where it is necessary.

Prosecution guidelines

Under the Protection of the Environment Administration Act 1991, the Environment Protection Authority (EPA) is responsible for investigating and reporting on alleged non-compliance with environment protection legislation for the purposes of prosecution or other regulatory action.

The EPA prosecution guidelines set out the factors the EPA takes into account in deciding whether, how and in what court to prosecute offences under the legislation it administers. The guidelines were developed and first published by the EPA Board in 1993, and then revised in 2001, 2004, 2012 and 2013.

Download: EPA prosecution guidelines (PDF 66KB)

Environmental court order guidelines

The EPA guidelines for seeking environmental court orders (2003) deal with sentencing options available for environmental offences, including investigation costs orders, publication orders and environmental service orders. The guidelines discuss the purpose of the orders and the principles the EPA will take into account in deciding whether to seek one or more of the orders.

Enforceable undertaking guidelines

Enforceable undertakings are voluntary, legally binding, written agreements between the EPA and a company or individual that 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 likely to accept an enforceable undertaking and when it is unlikely to accept one
  • 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 release archives for all enforceable undertakings the EPA has entered into.

Interim guidelines on EPA use of unmanned aircraft

On 8 November 2017, changes were made to the Protection of the Environment Operations Act 1997 that make it clear EPA authorised officers can use an unmanned vehicle, vessel or aircraft to carry out their functions.

The EPA’s Interim guidelines on EPA use of unmanned aircraft (PDF 359KB) seek to strike the appropriate balance between safety, privacy and efficiency. (Unmanned aircraft are commonly referred to as ‘drones’.)

These interim guidelines outline

  • the circumstances in which the EPA may consider using unmanned aircraft to collect information or assist with its regulatory functions
  • the legal frameworks that regulate unmanned aircraft use, which the EPA will abide by
  • how the EPA will conduct and manage unmanned aircraft activities 
  • the systems the EPA has in place to ensure its use of unmanned aircraft is transparent, accountable, and safe, with minimal impact on people’s privacy
  • the circumstances in which the EPA may use unmanned aircraft to enter premises without owner or occupier knowledge

The EPA is conducting a full consultation on these interim guidelines between 8 November 2017 and 15 December 2017.

  • Read about the consultation process, including how to make a submission

The EPA will release an updated and final guideline once this consultation process is complete.

Governance policies and guidelines

Code of Ethics and Conduct

The EPA Code of Ethics and Conduct is applicable to all EPA staff including ongoing, temporary or casual employees, contractors and volunteers. The EPA code is based on the code of ethics and conduct for NSW government sector employees produced by the NSW Public Service Commission.

All EPA staff will conduct their activities in accordance with Government policies and the highest standards of ethical conduct. Our staff are bound by their statutory obligations under the NSW Government Sector Employment Act 2013, which dictates core values for the government sector and the principles that guide their implementation. The Ethical Framework in Part 2 of the Government Sector Employment Act 'recognises the role of the government sector in preserving the public interest, defending public value, and adding professional quality and value to the commitments of the Government of the day'.

Download: The EPA Code of Ethics and Conduct (PDF 254KB)

Gifts and Benefits Policy

The EPA Gifts and Benefits Policy states how the EPA deals with offers of gifts and benefits. The objectives of this policy are to provide clear and detailed guidance to EPA staff about what is a gift or a benefit and what their obligations are when offered a gift or a benefit, and to ensure staff act within their statutory obligations of the NSW Government Sector Employment Act 2013.

Download: The EPA Gifts and Benefits Policy (PDF 332KB)

Sponsorship Policy

The Environment Protection Authority (EPA) does not use sponsorship as a primary tool in conducting its core business. However, under some limited circumstances sponsorship may be used to promote and achieve the EPA's community, environment and business objectives. Partnering with a sponsor allows external participants to contribute towards the EPA's initiatives.

The EPA Sponsorship Policy (PDF 40KB) outlines the EPA's policy on providing and receiving sponsorship. You should read this document to determine whether your proposal would be one that could be sponsored by the EPA.

To evaluate sponsorship proposals, the EPA only accepts applications on the EPA Sponsorship Application form (DOC 173KB). This form has been designed to capture all the information required for the EPA to make an assessment as to whether the EPA will provide sponsorship to a third party. Complete this form and send the application to the appropriate EPA Branch, address provided at the end of the form.

Anti-Bullying Policy

The EPA does not accept workplace bullying from any of its staff, in any form. To enforce this strong stance an Anti-Bullying Policy (PDF 102KB) has been developed covering all EPA staff, including staff in ongoing, temporary or casual employment. Workplace bullying can be directed at a staff member or a group of staff members, and can occur inside or outside of the place of work.

The policy ensures that EPA staff fulfill their obligations to eliminate or minimise the risk of workplace bullying and provides staff with information on their rights and obligations and how bullying complaints are managed.

Grants Policy

This Grants Policy (PDF 160KB) applies to all Grant Programs funded by the EPA.

The EPA uses Grant Programs to promote and achieve its community, environment and conservation objectives. The partnership between the EPA and a grant recipient allows external participants to contribute and participate in environment and conservation initiatives with the NSW Government.

This policy outlines the EPA's considerations when establishing and funding Grant Programs.

Privacy Management Plan

The Privacy Management Plan (PDF 658KB) defines personal information and provides details about the privacy principles that EPA follows when dealing with personal information.

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