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Protection of the Environment Operations Act 1997

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 

The Protection of the Environment Operations Act 1997 (POEO Act 1997) is the principal piece of legislation that local councils use to enforce pollution offences.

Appropriate Regulatory Authority

Auburn City Council is the Appropriate Regulatory Authority (ARA) for all Auburn local businesses and residents except in the following situations when:
  • the activity is listed in the schedule of the POEO Act 1997
  • there is a DEC licence to control water pollution from the activity
  • the activity is carried out by a public authority.

In these cases, the Department of Environment Climate Change and Water (DECCW  formerly the EPA) is the ARA.

Duty to Notify Pollution Incidents

The POEO Act 1997 introduces a duty to notify the ARA of pollution incidents which threaten or cause material harm to the environment.
 
Material harm includes significant pollution incidents such as spills, which present actual or potential harm to the health and safety of humans or to the environment.
 
It is the duty of the person carrying out the activity, an employee carrying out the activity and the occupier of the premises where the incident occurs to notify the ARA. Failure to do so is an offence resulting in a maximum penalty of $250,000.

Environmental Protection Notices

It is important that the activities of your business do not cause pollution or degradation of the environment.

Auburn City Council has the authority to issue a range of environment protection notices for water pollution offences under the POEO Act 1997 including:

  • Clean up notice – issued for quick response to a pollution incident
  • Prevention notice – issued when an activity is being carried on in an environmentally unsatisfactory manner
  • Compliance cost notice – issued if the council has incurred any costs from monitoring compliance with a notice or if Council had taken clean up action
  • Notice to provide information and records - issued to obtain spill related details

For environment protection notices a fee of $444 may be imposed for the recovery of administration costs. Failure to pay this fee is also an offence.

Penalty Infringement Notices

Penalty Infringement Notices, commonly known as on-the-spot fines for a water pollution offence are $750 for an individual and $1,500 for a corporation.

Environmental Monitoring Program

Since 2005, Auburn City Council has had an Environmental Monitoring Program in place. The Program ensures that all construction activity within the Auburn area is monitored monthly. On-the-spot education is provided to construction sites to address any sediment & erosion control concerns or potential pollution matters and any breaches of the POEO Act 1997 are acted upon.

If you have any concerns regarding water pollution, contact Auburn City Council's Environment & Health Unit on (02) 9735 1222.

 

 
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