Summary of changes to penalty infringement notices (PINs) relating to the Environmental Protection Act 1994

    Environmental Protection Act 1994

    On 1 January 2015, 12 PIN offences under the Environmental Protection Act 1994 increased. This increase was in accordance with increased maximum penalties prescribed in the Act as a result of the Environmental Protection and Other Legislation amendment Act 2014 which commenced on 7 November 2014. The 12 increased PIN offences are marked with (*).

    Increased PINs
    Section Offence description Individual Corporation
    Pre-1 Sept 2014 penalty unit Increased penalty unit Pre-1 Sept 2014 penalty unit Increased penalty unit
    78 Offence about fertiliser application 3 5 12 25
    83 Required record 3 5 12 25
    84(1) Obligation to keep relevant primary documents 3 5 12 25
    86 Offence not to comply with production requirement 3 5 12 25
    92 Obligation to have an accredited ERMP 5 10 20 50
    101(1) Obligation to amend ERMP if accreditation refused 3 5 12 25
    105(2) Annual reporting requirement 3 5 12 25
    361(2) Requirement of recipient to not contravene an environmental protection order 5 20 20 100
    *363E(b) Requirement to comply with a direction notice 10 15 20 75
    426(1) Requirement of environmentally relevant activity to not be carried out unless person holds the environmental authority for the activity 5 20 20 100
    430(3) Obligation of person to not contravene a condition of an environmental authority 5 20 20 100
    431(2) Obligation of holder of environmental authority to ensure conditions are complied with
    See maximum penalty under section 430(2) or (3) for the contravention of the conditions
    5 20 20 100
    *432(2) Obligation for the holder of an approval of a transitional environmental program, or person action under, to not contravene a requirement of the program 5 20 20 100
    *434(2) Obligation for a person to not contravene a site management plan 5 20 20 100
    *435A(3) Obligation for a person to not contravene prescribed conditions for particular activities 5 20 20 100
    *440Q(1)(b) Obligation for a person to not unlawfully contravene a noise standard 10 15 20 75
    *440ZG(b) Obligation for a person to not deposit prescribed water contaminants in waters 10 15 20 75
    New PINs
    Section Offence description Individual
    New penalty unit
    Corporation
    New penalty unit
    256(2) Obligation to give notice of transfer to each owner of the land 1 2
    260 Obligation to comply with surrender notice 5 25
    287 Plan of operations before action under relevant lease requirement 5 25
    290 Obligation to comply with plan of operations 5 25
    291(3) Obligation to amend inconsistent environmental authority 5 25
    293(2) Obligation to give financial assurance before acting under environmental authority or small scale mining tenure 20 100
    314(7) Requirement to replace environmental authority if non-compliant with eligibility criteria 20 100
    318X(1) Requirement to keep work diary 5 25
    318X(3) Requirement of suitable operator to record information 5 25
    318X(4) Requirement to keep work diary for 2 years 5 25
    318Y Requirement to notify chief executive if work diary lost or stolen 3 10
    320B(2) Duty of employee to notify employer 5 N/A - no corporation PIN
    320C(2)(a) Duty of other persons to notify particular owners and occupiers for an event mentioned in section 320A(1)(a) 10 50
    320C(2)(b) Duty of other persons to notify particular owners and occupiers for an event mentioned in section 320A(1)(b) 5 25
    320C(3)(a) Duty of persons to provide written notice of an event mentioned in section 320A(1)(a) 10 50
    320C(3)(b) Duty of persons to provide written notice of an event mentioned in section 320A(1)(b) 5 25
    320D(2)(a) Duty of employer to provide written notice to the administering authority of the event mentioned in section 320A(1)(a) 10 50
    320D(2)(b) Duty of employer to notify the administering authority of the event mentioned in section 320A(1)(b) 5 25
    320D(3)(a) Duty of an employer to provide written notice to any occupier, registered owner of or persons on the affected land of the event mentioned in section 320A(1)(a) 10 50
    320D(3)(b) Duty of an employer to provide written notice to any occupier, registered owner of or persons on the affected land of the event mentioned in section 320A(1)(b) 5 25
    325 Obligation to comply with audit notice 10 50
    326D Obligation to comply with investigation notice 10 50
    326I(6) Obligation to give notice about a requirement under section 326I(2) within period requirement in the notice 10 50
    332(5) Requirement that administering authority may request draft program 5 25
    345 Obligation to provide annual return 5 25
    347(2) Requirement to provide written notice to buyer of the existence if the program 3 10
    347(6) Requirement to provide written notice of the disposal to administering authority 3 10
    348 Obligation to provide written notice of the ceasing of an activity to the administering authority 3 10
    357I(b) Duty to comply with conditions of a licence 20 100
    362(2) Requirement of recipient to give written notice to the buyer of the existence of an order 3 10
    362(6) Requirement of recipient to give written notice of the disposal to the administering authority 3 10
    363 Requirement to give notice of ceasing to carry out activity 3 10
    363I(1)(b) Obligation of recipient of a clean-up notice to comply with notice 20 100
    371(1) Requirement of owner or occupier of land to notify administering authority of a notifiable activity being carried out on the land 3 10
    371(2) Requirement of owner or occupier of land to notify administering authority of contamination of land 5 25
    376(7) Obligation of recipient of a notice to conduct or commission a site investigation must comply with the requirement 5 25
    386 Obligation of owner of land to be given a copy of the report 1 2
    391(7) Obligation of recipient to comply with a notice 15 75
    405(6) Obligation of recipient of a notice to prepare or commission a site management plan 5 25
    420(2) Requirement that notice be given about recording of land in contaminated land register 3 10
    421(2) Obligation of owner of land to give written notice to buyer of the particulars recorded in environmental management register or contaminated land register 3 10
    423(4) Requirement of a person to not enter the land in contravention of a sign 1 2
    423(5) Requirement of a person to not destroy, damage, mark, deface or in any other way interfere with the sign 1 2
    424(1)(a) Requirement of a person to not remove, treat or dispose of contaminated soil from land recorded in the environmental management register or contaminated land register 5 25
    424(1)(b) Requirement of a person to not bring into the State and treat or dispose of contaminated soil from contaminated land outside the State. 5 25
    425 Obligation of the holder of a disposal permit to comply with the conditions of the permit   5 25
    427 Obligation of the holder of an environmental authority to not carry out an environmentally relevant activity 5 25
    *432A(b) Obligation for a person to not contravene a condition of an approval of a transitional environmental program 20 100
    433(2) Obligation for the holder of an approval of a transitional environmental program to ensure everyone acting under the program complies with the program
    See maximum penalty under section 432(1) or (2) for the contravention of the program
    15 75
    *438(2) Obligation for a person to not unlawfully cause material environmental harm 20 100
    *440(2) Obligation for a person to not unlawfully cause an environmental nuisance 15 75
    *442(1)(b) Obligation for a person to not release, or cause to be released, a prescribed contaminant into the environment other than under an authorised person's emergency direction 15 75
    *443(b) Obligation for a person to not place contaminant where serious or material environmental harm may be caused 20 100
    *443A(b) Obligation for a person to not place contaminant where environmental nuisance may be caused 15 75
    444 Obligation for a person to not interfere with monitoring equipment 5 25
    470(2) Obligation for a person to comply with the notice under section 451 3 10
    471(1) Obligation for a person to obey a signal under section 459(2) to stop or not to move a vehicle 3 10
    472(3) Obligation for a person who is required by an authorised person under section 460(l)(i) to take required action in relation to a vehicle must comply with requirement 3 10
    473(2) Obligation for a person to comply with the requirements given by an authorised person exercising emergency powers under section 460(l)(h) 5 25
    475(1) Obligation for a person who is required by an authorised person under section 464(1) to state the person's name or address. 3 10
    475(2) Obligation for a person who is required by an authorised person under section 464(3) to give evidence of the correctness of a name or address must give evidence. 3 10
    476(2) Obligation for a person to comply with the requirement to attend or answer questions under section 465 3 10
    477 Obligation for a person who is required under section 466 to produce a document must comply with the requirement 3 10
    574A(2) Obligation that a person who may perform auditor's functions must not perform a function mentioned in section 568 5 N/A - no corporation PIN
    574B Obligation that an auditor must comply with the conditions of any approval given under section 571(1)(b) 5 N/A - no corporation PIN
    574K Obligation for a person given a certificate of approval under section 573(2)(a) must keep the certificate for the term of the approval 5 N/A - no corporation PIN
    601(2) Obligation for a person to pay the annual fee and return for the first year of transitional period 5 25
    699(3) Obligation that a person must not carry out the relevant activity under the environmental authority until financial assurance is given 20 100
    703(2) Obligation that the holder of the authority must, within 6 months after the commencement, give the administering authority a plan of operations for all relevant activities. 5 25

    Environmental Protection Regulation 2008

    These PINs increased from 1 January 2015 in accordance with the repeal of the Environmental Protection (Waste Management) Regulation 2000 and amendment of the Environmental Protection Regulation 2008 and Waste Reduction and Recycling Regulation 2001 as a result of the Environment Legislation Amendment and Repeal Regulation (No. 1) 2014.

    Increased PINs
    Section Offence description Individual Corporation
    Pre-1 Jan 2015 penalty unit Increased penalty unit Pre-1 Jan 2015 penalty unit Increased penalty unit
    81I(1) Obligations for the generator when giving waste to the transporter regarding prescribed information 2 N/A - no change 2 2
    81I(2) Obligations for the generator to provide information about the waste to the administering authority in the prescribed way 2 N/A - no change 2 5
    81I(3) Obligation for the generator to keep the record mentioned in subsection (1)(b) for at least 5 years 2 N/A - no change 2 5
    81J(1) Obligations of the transporter to carry document containing information received from the generator under section 81I(1)(a) 2 N/A - no change 2 5
    81J(2) Obligations for when transporter gives the waste to the receiver 2 N/A - no change 2 5
    81J(3) Obligation for the transporter to give written notice of any discrepancy of information received from the generator to the administering authority 2 N/A - no change 2 5
    81J(4) Obligation for the transporter must keep the record mentioned in subsection (2)(b) for at least 5 years 2 N/A - no change 2 5
    81K(1) Obligation for the transporter to give the waste to the receiver and the receiver to record the prescribed information 2 N/A - no change 2 5
    81K(2) Obligation for the receiver to give the prescribed information about the waste to the administering authority in the prescribed way 2 N/A - no change 2 5
    81K(3) Obligation of the receiver to report discrepancies in the information received from the transporter to the administering authority 2 N/A - no change 2 5
    81K(4) Obligation for the receiver to keep the record mentioned in subsection (1) for at least 5 years 2 N/A - no change 2 5
    81N(1) Obligation for the transporter to not transport waste into Queensland unless the administering authority has assigned a consignment number to the load being transported 2 N/A - no change 2 5
    81N(3) Obligations for the transporter to carry documents 2 N/A - no change 2 5
    81N(4) Obligations for the transporter to record the prescribed information about the waste 2 N/A - no change 2 5
    81N(5) Obligation of the transporter to report discrepancies in the information received to the administering authority 2 N/A - no change 2 5
    81N(6) Obligation for the transporter must keep the record mentioned in subsection (4)(b) for at least 5 years 2 N/A - no change 2 5
    81O(1) Obligation for when the transporter gives the waste to the receiver, the receiver must record the prescribed information about the waste. 2 N/A - no change 2 5
    81O(2) Obligation that the receiver must give the prescribed information about the waste to the administering authority in the prescribed way 2 N/A - no change 2 5
    81O(3) Obligation for the receiver, within 7 days of becoming aware of a discrepancy in the information received from the transporter under section 81N(4)(a), the receiver must give written notice of the discrepancy to the administering authority 2 N/A - no change 2 5
    81O(4) Obligation for the receiver to keep the record mentioned in subsection (1) for at least 5 years 2 N/A - no change 2 5
    81R(1) Obligations for the generator to record prescribed information about the waste 2 N/A - no change 2 5
    81R(2) Obligation for the generator to give the prescribed information to the administering authority 2 N/A - no change 2 5
    81R(3) Obligation for the generator to keep the record mentioned in subsection (1)(b) for at least 5 years 2 N/A - no change 2 5
    81S(1) Obligation while transporting the waste in Queensland, the transporter must carry a document containing the information received from the generator under section 81R(1)(a) 2 N/A - no change 2 5
    81S(2) Obligation for transporter that within 7 days of becoming aware of a discrepancy in information received from the generator under section 81R(1)(a), the transporter must give written notice of the discrepancy to the administering authority 2 N/A - no change 2 5
    81ZO(1) Obligation that unlawful disposal of waste at waste facility must not be performed by any person 2 N/A - no change 2 5
    81ZP Restrictions on burning waste at a waste facility 2 N/A - no change 2 5
    81ZQ(1) Restrictions on use of waste facility 1 N/A - no change 1 2
    81ZR(2) Requirements for waste transporter to comply with directions and give information 1 N/A - no change 1 2