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 legislation administered by the EPA. The guidelines were developed and first published by the EPA Board in 1993, and then revised in 2001, 2004 and 2011.
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 in respect of 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 legislation administered by OEH. The OEH prosecution guidelines are consistent with the EPA prosecution guidelines.
Page last updated: 10 February 2012
