Complying with legislation

The EPA ensures those responsible for managing and remediating contaminated land comply with their legal obligations to improve environmental and human health outcomes.

The EPA leads regulation of significantly contaminated land under the Contaminated Land Management Act 1997 and Contaminated Land Management Regulation 2013.

The Contaminated Land Management Compliance Statement (PDF 182KB)

  • details the approach to enforcing compliance under this legislation
  • outlines the notices and orders the EPA can serve on those responsible for managing land contamination
  • provides information on complying with these notices
  • identifies factors the EPA considers when deciding responses to non-compliance
  • explains the conditions under which the EPA escalates its response
  • describes how compliance is monitored

Responses to non-compliance

 escalating response, one Advisory letters and formal warnings, two Official cautions, three Improvement programs and licence variations, four Notices, directions and orders, five Penalty notices, six Mandatory environmental audits, seven enforceable undertakings, eight prosecutions

Adapted from Ian Ayres & John Braithwaite (1992), Responsive Regulation: Transcending the deregulation debate, Oxford University Press, New York

The EPA's regulatory response to non-compliance is set out in the Compliance Policy (PDF 400KB)

The EPA escalates the response to Unintentional non-compliance, Opportunistic non-compliance and Intentional non-compliance by issuing

  • Advisory letters and formal warnings
  • Official cautions
  • Improvement programs and licence variations
  • Notices, directions and orders
  • Penalty notices
  • Mandatory environmental audits
  • Enforceable undertakings
  • Prosecutions
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