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Enforcement

Compliance and Enforcement Policy

With the amalgamation of the Department of Water, Department of Environment Regulation and the Office of the Environmental Protection Authority, an interim Compliance and Enforcement Policy has been established to guide the Department of Water and Environmental Regulation from 1 July 2017. The policy is interim and the department will undertake further work including consultation with stakeholder in order to finalise the policy.

The Department of Environment Regulation (DER) is the regulatory agency responsible for administering the following environmental legislation:

DER has adopted a multi faceted approach to delivering its regulatory role, which broadly fits into three main functions:

  1. Approvals and licensing.
  2. Monitoring, audit and compliance inspections.
  3. Enforcement including complaint and incident investigation.

As a regulator, DER has an enforcement role, providing major environmental investigative capability and single-point accountability for regulatory complaints to achieve state-wide enforcement outcomes.  This helps to ensure compliance with the legislation the Department administers through deterrence.

Enforcement sanctions may include formal letters of warning, infringement notices, modified penalty fines or court prosecution.

Environmental Enforcement Summary (1 July 2015 - 30 June 2016) 

Prosecutions

Policies

The DER Enforcement and Prosecution Policy (1.7 MB) is designed to provide DER with the means to promote and achieve consistent, transparent and accountable environmental outcomes through compliance and enforcement.  The policy is a tool to help fulfil DER’s regulatory responsibilities and help the community understand how the department enforces the legislation it administers.

The pdfRegulatory Function Complaints Policy (1.64 MB) is designed to provide guidance and direction to DER staff regarding receiving, interpreting, processing, recording and managing regulatory complaints received from external sources and the associated resolution process.