An Environmental Protection Order (or EPO) is a written document issued pursuant to the Environmental Protection Act 1994 (the Act) requiring the recipient to undertake certain actions within a specific timeframe, so as to remedy an environmental risk or prevent environmental harm. It is issued by the Department of Environment and Heritage Protection (the Department).*

An EPO can require that the recipient:

• not start an activity, for the period stated in the EPO, indefinitely, or until notified by the Department;

• cease an activity, for the period stated in the EPO, indefinitely, or until notified by the Department;

• carry out a specified activity only during the times notified in the EPO;

• carry out a specified activity subject to the conditions stated in the EPO;

• take a specified action by a stated date.

The Department has the right to issue an EPO where:

• the recipient has not complied with a requirement to conduct or commission an environmental evaluation within the time required;

• the recipient has not complied with a requirement to prepare a transitional environmental program;

• the Department considers that the recipient has carried out an activity causing unlawful environmental harm;

• the Department considers that the recipient has carried out an activity that is likely to cause unlawful environmental harm;

• the Department considers that the recipient proposes to carry out an activity causes, or is likely to cause, unlawful environmental harm;

• to ensure compliance with certain matters and/or notices under the Act, such as a condition of an environmental authority, or to ensure compliance with the general environmental duty; or

• where the recipient has breached previous notices in relation to specific matters, issued by the Department.

If you receive an EPO, it is imperative that:

• an assessment be undertaken as to whether the EPO was properly issued by the Department; and

• if it is determined that the EPO was properly issued by the Department, to comply with the requirements stated in the EPO.

Where the recipient determines, after an assessment is undertaken, that an EPO has not been properly issued by the Department, the recipient may apply for a review by the Department of the decision to issue the EPO, apply to the Court for a stay (freezing) of the requirements of the EPO, and/or appeal to the Court regarding the issuing of the EPO.

Receiving an EPO is a serious matter, and there are hefty consequences and penalties for not complying with an EPO.

* The terms Environmental Protection Order, the Environmental Protection Act 1994, and the Department of Environment and Heritage Protection are specific to Queensland, but similar mechanisms exist in other States and Territories.

If you have been issued with an EPO, need assistance in determining whether it has been correctly issued by the Department, or need assistance in how to comply with the requirements of an EPO, please contact Karen to see if we can assist you.

The content of this article is intended in the nature of general information, and cannot be relied upon as legal advice. You should seek specialist advice about your particular circumstances.