Infringement Notice Register

S142B Environment Protection and Biodiversity Conservation Act 1999

Under the Environment Protection and Biodiversity Conservation Act 1999 Infringement notices may be issued by Authorised Officers for strict liability offences prescribed in Parts 9 and the Environment Protection and Biodiversity Conservation Regulations 1999 (EPBC Regulations).

The penalty imposed by the issue of an infringement notice cannot be greater than one fifth of the maximum penalty that a court could impose on the person for that offence. If the infringement notice is not withdrawn, a person who pays the penalty imposed by the issue of an infringement notice is not convicted of the offence. Further, the person cannot be the subject of further proceedings in respect of that offence. However, the process does create a record that may be used and considered as part of a person’s environmental history.

Infringement notices are issued for relatively minor or technical contraventions of conditions attached to approvals. In order to issue an infringement notice an Authorised officer must have reasonable grounds to believe that a person has contravened section 142B of the EPBC Act. Section 142B provides a strict liability offence for the breach of an approval condition which has attached a penalty of $10,2001 for a individual or $51,000 for a body corporate. Infringements of up to $2,040 (individuals) or $10,200 (body corporate) may be issued for a contravention this section of the EPBC Act.

In 2010 the EPBC Act regulations where first amended to allow for infringement notices to be issued for contraventions of conditions attached to a part 9 EPBC Approval. This register lists all infringement notices which have not been contested, withdrawn or re-issued since that time. The following infringement notices have been paid:

  • 15 April 2011 - Queensland Gas Corporation issued with three infringement notices (total value $19,800) for contravening conditions 4, 13 and 49 of EPBC approval 2008/4399.
  • 13 September 2011 - Quanstruct Pty Ltd issued with one infringement notice of $6,600 for contravening condition 2 of EPBC approval 2010/5552
  • 19 January 2012 - Cairns Regional Council issued with one infringement notice valued of $6,600 for contravening condition 7 of EPBC approval 2009/4858.
  • 20 February 2012 - Santos GLNG issued with three (3) infringement notices valued at $6,600 each contravening condition 63 of EPBC 2008/4057.
  • 14 April 2012 - Gladstone Ports Corporation served with one infringement notice valued at $6,600 for contravening condition 9 of EPBC 2009/4904
  • 25 June 2012 - QGC issued with two infringement notices valued at $6,600 each for contravening conditions 62 of EPBC 2008/4402
  • 25 June 2012 - QGC issued with one infringement notices valued at $6,600 for contravening conditions 58 of EPBC 2008/4339
  • 27 March 2013 - INPEX was issued one infringement notices valued at $10,200 for contravening conditions 10 of EPBC 2008/4208
  • 30 January 2014 - Power and Water Corporation was issued one infringement notices valued at $10,200 for contravening conditions 1 of EPBC 2009/5113
  • 12 February 2014 - Whitsunday Regional Council was issued one infringement notices valued at $10,200 for contravening conditions 2 of EPBC 2010/5710
  • 14 April 2014 - Process Minerals International was issued one infringement notices valued at $10,200 for contravening conditions 2 of EPBC 2010/5759
  • 12 May 2014 - Power and Water Corporation  was issued one infringement notices valued at $10,200 for contravening conditions 9 of EPBC 2009/5133
  • 12 May 2014 - Van Oord was issued one infringement notices valued at $10,200 for contravening conditions 10 of EPBC approval 2008/4208

1 On 28 November 2012 the Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Bill 2012 received Royal Assent. The Bill came into effect on 28 December 2012. The bill defines a penalty unit (for the purposes of the EPBC Act) as being $170 (formally $110). This has resulted in Infringement notices for corporations increasing from $6,600 to $10,200.