Prosecution guidelines
EPA prosecution guidelines
Under the Protection of the Environment Administration Act 1991, the Environment Protection Authority (EPA) has responsibility for investigating and reporting on alleged non-compliance with environment protection legislation for the purposes of prosecution or other regulatory action.
The EPA prosecution guidelines set out the factors the EPA takes into account in deciding whether, how and in what court to prosecute offences under the legislation it administers. The guidelines were developed and first published by the EPA Board in 1993, and then revised in 2001, 2004, 2012 and 2013.
EPA guidelines for seeking environmental court orders
The EPA guidelines for seeking environmental court orders (2003) deal with sentencing options available for environmental offences, including investigation costs orders, publication orders and environmental service orders. The guidelines discuss the purpose of the orders and the principles the EPA will take into account in deciding whether to seek one or more of the orders.
OEH prosecution guidelines
The Office of Environment and Heritage (OEH) has a broad range of responsibilities and administers legislation on conservation, heritage, national parks, Aboriginal heritage, flora, fauna, native vegetation and threatened species.
The OEH prosecution guidelines set out the factors OEH takes into account when deciding whether, how and in what court, to prosecute offences under the legislation it administers. The OEH prosecution guidelines are consistent with the EPA prosecution guidelines.
Page last updated: 18 March 2013
