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ARTICLE · 02 JULY 2016

Duty to notify of environmental harm - do you have an obligation?

Cooper Grace Ward
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People who fail to notify of incidents that have caused, or may cause environmental harm may face significant fines.

AustraliaEnvironment
Leanne O’Neill
Leanne O’Neill
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Company directors, employees and contractors who fail to notify relevant parties of incidents that have caused, or may cause, environmental harm may face significant fines.

The Environmental Protection Act 1994 (Qld) is the key legislative tool to prevent environmental harm in Queensland. It also sets out a range of enforcement options that can be imposed when environmental harm occurs. The Act is the source of the general environmental duty not to carry out any activity that causes or is likely to cause environmental harm, unless measures to prevent or minimise the harm have been taken.

However, the Act also contains a duty to notify of environmental harm. The purpose of the duty is to inform the Department of Environment and Heritage Protection (DEHP) and the landowner or occupier of land about incidents that may have caused or threaten to cause serious or material environmental harm. This duty applies to a range of people including:

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