Compliance guidelines
Compliance and Enforcement
Information and guidance is developed in line with legislative requirements. Some guidance is general in nature and others more descriptive, such as the statutory tools used by the department.
- Powers of authorised persons – ESR/2016/2276
- Matters devolved to local government – ESR/2016/3131
- Compliance and Enforcement – ESR/2016/2514
- Enforcement Action and Multiple EA Holders – ESR/2016/3451
Statutory tools
- Environmental Protection Orders – ESR/2016/2520
- Clean-up Notices – ESR/2016/2521
- Emergency Powers – ESR/2016/2275
- Direction Notices – ESR/2016/2274
- Cost Recovery Notices – ESR/2016/2273
- Enforceable Undertaking Guideline – ESR/2016/2272
- Transitional Environmental Program Guideline – ESR/2016/2277
- This form is to be used when proposing a transitional environmental program (TEP):
Approved form for transitional environmental program – ESR/2016/2220 - This form is to be used when notifying about a relevant for a transitional environmental program (TEP) that has caused or threatened environmental harm:
Approved form program notice (TEPs) – ESR/2016/2219 - This form is to be used when public notification is required as part of your draft TEP:
Notice – public notice requirements for draft transitional environmental programs (TEPs) – ESR/2016/2251 - This form is to be used yearly by the holder of the TEP to provide to the department:
Approved form annual return for TEP – ESR/2016/2961
- This form is to be used when proposing a transitional environmental program (TEP):
- Environmental Evaluations – ESR/2016/2515
Declarations are required in certain circumstances when submitting reports and plans to the department in response to a statutory tool. These instances include:
Recipient
If you are the recipient of an environmental investigation notice, in accordance with section 326E of the Environmental Protection Act 1994 you are required to declare that:
- You have not knowingly given false or misleading information to the person who carried out the environmental investigation; and
- You have provided all relevant information to the person who carried out the environmental investigation for the purpose of submitting an environmental report.
Recipients can use the Statutory Declaration templates published on the Queensland Government Publications portal. These can be electronically witnessed by following the process described on the publications portal.
Suitably Qualified Person
If you are a suitably qualified person, engaged by a recipient of a statutory notice or order, to complete any of the following under chapter 7, part 8 of the Environmental Protection Act 1994:
- conduct a site investigation
- prepare a validation report
- prepare a draft site management plan or draft amendment of a site management plan.
The report or plan must be accompanied by a declaration in accordance with section 566 of the Environmental Protection Act 1994.
For further information go to Suitably qualified persons | Environment, land and water | Queensland Government (www.qld.gov.au).
Auditor
If you are an auditor engaged by a recipient of a statutory notice or order to certify a contaminated land investigation document, such as a site investigation report. The certification must include a declaration in accordance with section 574C of the Environmental Protection Act 1994.
For further information go to Auditors | Environment, land and water | Queensland Government (www.qld.gov.au).