The NPI National Environment Protection Measure (NPI NEPM) provides the framework for the development and establishment of the NPI, which is an internet database designed to provide publicly available information on the types, and amounts of certain substances, being emitted to the air, land, and water.
Implementation of the NPI NEPM is the responsibility of each participating jurisdiction. State and territory environment protection agencies have their own legislative frameworks to ensure there is compliance with the NEPM.
Each year all jurisdictions must report to the National Environment Protection Council on their progress in implementing the NEPM. This information is published in an annual report.
The NPI NEPM is implemented by the Commonwealth through administrative arrangements.
Australian Capital Territory
The Australian Capital Territory has implemented the provisions of the NPI NEPM through amendments to the Environment Protection Act 1997. Responsibility for the implementation of the NEPM rests with the ACT Department of Environment, Climate Change, Energy and Water.
New South Wales
The New South Wales Environment Protection Authority implements and enforces the NPI NEPM under the provisions of the Protection of the Environment (General) Regulation 2009. The regulation establishes reporting requirements for industrial facilities in NSW and also prescribes the offences for which penalty notices may be issued, which include failure to lodge a report when due and failure to keep and produce records.
The NPI NEPM program is implemented in the Northern Territory through an Environmental Protection Order (EPO) established under the Waste Management and Pollution Control Act 2003. Overall responsibility for implementation of the NPI NEPM rests with the Northern Territory Environment Protection Authority.
In Queensland, the NPI NEPM is implemented under the Environmental Protection Regulation 2008 (EP Regulation). Chapter 6 of the EP Regulation provides for penalties of up to $2000 for non-compliance with a reporting requirement and/or naming of the non-compliant party in the NEPC annual report. The State Penalties Enforcement Regulation 2000 also allows for Penalty Infringement Notices (on-the-spot-fines) of up to $200 to be issued under the EP Regulation.
In South Australia, the Environment Protection Authority (EPA) implements the NPI NEPM under the Environment Protection Act 1993 (SA). The South Australian equivalent of the NPI NEPM is the Environment Protection (National Pollutant Inventory) Policy 2008 or NPI EPP. The NPI EPP contains mandatory provisions requiring that businesses must report to the NPI program. It reiterates the requirements outlined in the national legislation - what a company has to report and when. Failure by a business to meet these requirements may result in enforcement action.
Under Section 12A of the State Policies and Projects Act 1993, NEPMs are taken to be State Policies, which have been passed by Parliament. This enables compliance and enforcement tools available under the Environmental Management and Pollution Control Act 1994 to be used to ensure NPI reporting requirements are met.
Under the provisions of the Environment Protection Act 1970, Environment Protection Authority Victoria implements and enforces the NPI NEPM on behalf of the Victorian government through the Industrial Waste Management Policy (National Pollutant Inventory) (IWMP NPI). The IWMP NPI came into operation upon publication in the Victorian Government Gazette (No. S107) on 6 October 1998.
In Western Australia, the NPI NEPM is implemented through the Environment Protection (NEPM NPI) Regulations 1998, under the Environmental Protection Act 1986. The Department of Water and Environmental Regulation has responsibility for implementation of the NPI NEPM.