Infringement notice register under the EPBC Act and EPBC Regulations

If you breach a condition of an approval under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), you may need to pay a penalty. We call notices of these penalties 'infringement notices'. Learn about the penalties paid for breaching a condition, and who has paid them.

 

Infringement notices

We may issue infringement notices for breaching a condition attached to an approval. This is one of many compliance responses we can make. 

Under section 142B of the EPBC Act, authorised officers may issue infringement notices for strict liability offences prescribed in:

  • Part 9 of the EPBC Act 
  • the EPBC Regulations.

To issue an infringement notice, an authorised officer must have reasonable grounds to believe that a person has breached section 142B of the EPBC Act.

Penalties for infringements

Section 142B provides a strict liability offence for the breach of an approval condition. The penalty for a corporation is 60 penalty units.

Section 4AA of the Crimes Act 1914 (CTH) explains penalty units in more detail. The current vale of penalty unit can be found at Fines and penalties - ASIC

The maximum penalty an infringement notice can impose is 20% of the maximum penalty that a court could impose on the person for that offence.

If the infringement notice isn't withdrawn, the person who pays the penalty it imposes isn't convicted of the offence. Also, the person can't be the subject of further proceedings relating to that offence. 

However, the process does create a record that we may use and consider as part of that person’s environmental history.

Register of infringement notices that have been paid

We publish a register of all infringement notices that haven't been contested, withdrawn or reissued.

The following infringement notices have been paid:

  • 22 November 2022 – Wollongong Coal Limited issued one infringement notice (total value $13,320) for contravening condition 8a of EPBC 2020/8702.
  • 9 November 2021 – Holcim (Australia) Pty Ltd issued 2 infringement notices (total value $26,640) for contravening condition 2, and conditions 7 and 8 of EPBC 2012/6560.
  • 6 October 2021 – Gold Coast Airport Pty Limited issued 1 infringement notice (total value $13,320) for contravening condition 5 of EPBC 2014/7266.
  • 30 September 2021 – Western Sydney Parklands Trust issued 2 infringement notices (total value $26,640) for contravening conditions 5 and 9 of EPBC 2012/6617.
  • 30 October 2020 – Adani Mining Pty Ltd issued with 2 infringement notices (total value $25,920) for 2 contraventions of condition 7 of EPBC 2010/5736.
  • 24 September 2020 – Narre Warren Central Pty Ltd issued with 2 infringement notices (total value $26,640) for contravening conditions 3, 9 and 11 of EPBC 2014/7380.
  • 14 August 2020 – CRWF Nominees Pty Ltd issued with 2 infringement notices (total value $26,640) for contravening conditions 1, 2, 10 and 11 of EPBC 2011/6206.
  • 29 May 2020 – Mount Buller and Mount Stirling Alpine Resort Management Board issued with 2 infringement notices (total value $25,200) for contravening conditions 1 and 2a of EPBC 2014/7303.
  • 7 January 2020 – Hovey Property Group Pty Ltd issued with 1 infringement notice of $12,600 for contravening conditions 5 and 8 of EPBC 2014/7164.
  • 3 December 2019 - Venture Minerals Limited issued with 2 infringement notices (total value $25,200) for contravening conditions 24 and 29 of EPBC 2012/6339.
  • 2 April 2019 - INPEX Operations Australia Pty Ltd issued with 1 infringement notice of $12,600 for contravening condition 8 of EPBC 2008/4208.
  • 24 August 2017 - Yara Pilbara Nitrates Pty Ltd issued with 1 infringement notice of $12,600 for contravening condition 9a of EPBC 2008/4546.
  • 10 May 2017 - Yara Pilbara Nitrates Pty Ltd issued with 1 infringement notice of $10,800 for contravening condition 3 of EPBC 2008/4546.
  • 27 May 2015 - Whitsunday Council issued with 1 infringement notice of $10,200 for contravening condition 9 of EPBC 2010/5710.
  • 28 April 2015 - BM Webb Holdings Pty Ltd issued with 1 infringement notice of $10,200 for contravening condition 17 of EPBC 2009/5087.
  • 21 August 2014 – QGC issued with 1 infringement notice of $10,200 for contravening condition 34 of the EPBC 2008/4398.
  • 21 August 2014 – QGC issued with 1 infringement notice of $10,200 for contravening condition 31 of the EPBC 2008/4398.
  • 23 July 2014 - Chevron issued with 1 infringement notice of $10,200 for contravening condition 15 of the EPBC 2008/4469.
  • 18 June 2014 - Van Oord issued with 1 infringement notice of $10,200 for contravening condition 10 of EPBC 2008/4208.
  • 12 May 2014 - Power and Water Corporation issued with 1 infringement notice of $10,200 for contravening condition 9 of EPBC 2009/5133.
  • 14 April 2014 - Process Minerals International issued with 1 infringement notice of $10,200 for contravening condition 2 of EPBC 2010/5759.
  • 12 February 2014 - Whitsunday Regional Council issued with 1 infringement notice of $10,200 for contravening condition 2 of EPBC 2010/5710.
  • 30 January 2014 - Power and Water Corporation issued with 1 infringement notice of $10,200 for contravening condition 1 of EPBC 2009/5113.
  • 15 July 2013 - INPEX issued with 1 infringement notice of $10,200 for contravening condition 10 of EPBC 2008/4208.
  • 25 June 2012 - QGC issued with 1 infringement notice of $6,600 for contravening condition 58 of EPBC 2008/4339.
  • 25 June 2012 - QGC issued with 2 infringement notices (total value $13,200) for 2 contraventions of condition 62 of EPBC 2008/4402.
  • 14 April 2012 - Gladstone Ports Corporation issued with one infringement notice of $6,600 for contravening condition 9 of EPBC 2009/4904.
  • 20 February 2012 - Santos GLNG issued with 2 infringement notices (total value $13,200) for 2 contraventions of condition 63 of EPBC 2008/4057.
  • 19 January 2012 - Cairns Regional Council issued with one infringement notice of $6,600 for contravening condition 7 of EPBC 2009/4858.
  • 13 September 2011 - Qanstruct Pty Ltd issued with 1 infringement notice of $6,600 for contravening condition 2 of EPBC 2010/5552.
  • 15 April 2011 - Queensland Gas Corporation issued with 3 infringement notices (total value $19,800) for contravening conditions 4, 13 and 49 of EPBC 2008/4399.

Get in touch

If you have any questions about infringement notices, contact us on epbcmonitoring@dcceew.gov.au.