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- Published on Thursday, 12 February 2015 13:33
- Written by EPAadmin
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Principles of Compliance and Enforcement
This policy explains how EPA will use enforcement to achieve compliance and create credible deterrents against breaking the law.
EPA is guided by eight principles when undertaking its compliance and enforcement role, exercising its regulatory responsibility and administering the EP Act and Regulations. The principles are:
Targeted: The Agency will undertake compliance and enforcement activities to prevent the most serious risk or harm.
Proportionate: Regulatory measures and responses will be proportional to the problem they seek to address and how culpable or responsible the offender is for the problem.
Transparent: Regulations and standards will be developed and enforced transparently. Information and any other lessons learned will be shared and promoted. Enforcement actions will be public, to build the credibility of, and confidence in, EPA’s regulatory approach and processes.
Consistent: Outcomes from enforcement activities should be consistent and predictable. EPA aims to ensure that similar circumstances, non-compliance and incidents lead to similar enforcement outcomes.
Accountable: To ensure full accountability, the compliance of permit holders, enforcement decisions and the conduct of Authorised Officers will be explained and open to public scrutiny.
Inclusive: EPA will engage the community, business and government to promote environmental laws, set standards and provide opportunities to participate in compliance and enforcement.
Authoritative: EPA is prepared to be judged on whether individuals and business understand the law and their obligations. EPA will set clear standards, clarify and interpret the law and provide authoritative guidance and support on what permit-holders need to do to comply. EPA will also be an authoritative source of information on the state of environment, the level of compliance with the laws it regulates, and what the key risks and new and emerging issues are.
Effective: Enforcement activity will seek to prevent environmental harm, impacts to health, and improve the environment. Enforcement action will be timely to minimize environmental impacts and maximize the effectiveness of any deterrence.
EPA defines risk as combination of two elements: consequence (the risk or harm to health and environment) and likelihood (the chance that non-compliance will occur).
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