Reporting non-compliances for environment protection licence holders

We are improving our licensing process to help environment protection licence holders provide important and timely information, enhance transparency for the public, and better protect the environment and human health. We are currently seeking feedback on the proposed new licence conditions to support these improvements.

Information to provide

For each non-compliance, licensees must provide the following information:

• the date you became aware of the non-compliance
• the date(s) the non-compliance occurred, including if the non-compliance is continuing
• whether the non-compliance relates to air, water/land, noise or waste matters (if applicable)
• whether the non-compliance relates to a pollution incident
• the licence condition(s) not complied with
• a summary of particulars of the non-compliance, including (if known):
  • the location where the non-compliance occurred
  • the duration of the non-compliance
  • if the non-compliance is continuing, the suspected end date of the non-compliance.
• the cause or suspected cause of the non-compliance 
• any action taken, or proposed to be taken, to prevent a recurrence of the non-compliance
• any action taken, or proposed to be taken, to mitigate the effects of the non-compliance.

If the non-compliance has not been rectified within 14 days

Licensees must still report the non-compliance within 14 days of becoming aware of the non-compliance and indicate that it is continuing. Additional information about the non-compliance can be uploaded to eConnect EPA when the information becomes available. 

Report pollution incidents to Environment Line

The duty to notify pollution incidents has not changed. Licensees must continue to report pollution incidents to the NSW EPA and other relevant authorities immediately after becoming aware. Reports to the EPA should go to the Environment Line on 131 555.

After notifying an incident and taking all necessary action, if you become aware that the pollution incident is caused by, or resulted in one or more non-compliances, these must be reported through eConnect within 14 days of becoming aware of the non-compliance/s. 

What happens when I report a non-compliance?

Once reported, you will receive an acknowledgement email with a unique non-compliance report number. Key data and information on the non-compliance will be automatically uploaded to the EPA’s public register.

What to expect from the EPA

After a non-compliance is reported, the EPA may:

• contact you for additional information
• carry out an inspection
• take any other appropriate actions in accordance with our Regulatory Policy (34.7MB).

Non-compliance data will be used to identify, assess and respond to any risk.

Why the EPA changed from annual reporting of non-compliances to near real-time reporting

Reporting non-compliances in near real-time will:

• provide an opportunity for earlier interaction between licensees and the EPA to address issues, drive environmentally responsible behaviour and improve environmental and human health outcomes
• assist the EPA to respond early to any increase in risk and to focus resources where they are needed both at a site/operator level and a broader/strategic level
• provide more timely information to the community.

For further information please email [email protected]