The EPA has combined the Powers of Authorised Officers 2006 (PDF 316KB) and the Guide to Notices 2009 (PDF 234KB) into a single draft Powers and Notices Guideline for Authorised Officers and Enforcement Officers (PDF 775KB) and this includes feedback received from a survey to councils and other regulatory authorities in 2018 where appropriate (see below).
This guideline aims to help relevant officers to consistently and lawfully use their powers under the POEO Act and guide officers undertaking regulatory functions under environment protection legislation. It provides
- Additional detail to guide officers undertaking regulatory functions
- Summaries of relevant case law
- Notice templates for common notice types that an officer or a regulatory authority may use
We would like you to let us know if the new guideline and templates meet your needs
The draft Powers and Notices Guideline for Authorised Officers and Enforcement Officers and draft notice templates are provided below
- Powers and Notices: Draft Guideline for Authorised Officers and Enforcement Officers (PDF 775KB)
- draft s 91 clean-up notice template (PDF 122KB)
- draft s 96 prevention notice template (PDF104KB)
- draft s 104 (1) compliance cost notice template (PDF 100KB)
- draft s 104 (2) compliance cost notice template (PDF 107KB)
- draft s 104 (3) compliance cost notice template (PDF 100KB)
- draft s 192 request for information and records notice template (ARAs other than the EPA) (PDF 99KB)
- draft s 193 request for information and records notice template (authorised officers) (PDF 97KB)
- draft s 203 (2) notice to nominate corporate representative template (PDF 77KB)
- draft s 203 (5) and (6)(b) notice to nominate time and place to answer questions template (PDF 88KB)
- draft s 267B compliance cost notice template (noise) (PDF 97KB)
The draft templates are provided here in PDF for comment only. When finalised the notice templates will be user friendly.
Your feedback can be provided by a short survey at https://www.surveymonkey.com/r/DW9LL38 which has evaluation questions on the draft guideline
You can send your feedback via email to email@example.com
The consultation period will close on the 13 March 2020.
The EPA will consider the feedback received on the draft guideline and notice templates and whether or not it is fit for purpose and is meeting the needs of users.
The EPA aims to release the final guideline with finalised notice templates and other companion materials in mid-2020. Further companion materials may also be developed after this time.
Powers of Authorised Officers and Guide to Notices
The current operational documents that support authorised officers and enforcement officers who exercise regulatory functions under the Protection of the Environment Operations Act 1997 (POEO Act) and other environment protection legislation are the Powers of Authorised Officers 2006 (PDF 316KB) and the Guide to Notices 2009 (PDF 234KB).
The EPA reviewed these guidelines aiming to update the information to reflect current case law, legislation, policy and agency information as well as meet the needs of those who use them. They have been combined into a new draft guideline (see above).
In 2018, feedback was sought from councils and other regulatory authorities to inform the review via an online survey. A summary of the feedback received is provided below.