Are you up to date with your environmental harm knowledge?
1. You already have legal duties
Under the Environmental Protection Act 1994 QLD, everyone has a legal duty to meet general environmental protection obligations. Under this act, everyone has two legal obligations:
- The Duty to prevent and minimise harm (general environmental duty) – not to carry out an activity that may cause harm without taking measures to prevent or minimise the harm
- The Duty to notify of environmental harm – to inform the relevant authority and landowners when environmental harm has occurred, or might occur.
To meet the general environmental duty for your business, you need to consider:
- the nature of the harm or potential harm
- sensitivity of the environment you are operating in
- current state of technical knowledge for the activity
- likelihood of possible measures being successful
- financial implications of taking different measures
Your second duty is a Duty to notify of environmental harm
The Environmental Protection Act is clear in stating that environmental harm may arise from an act, or an omission, that causes OR THREATENS to cause harm because of your OR ANOTHER PERSONS act.
The duty to notify applies as soon as you BECOME AWARE of an event
Timing is important
Each of the actions has to be carried out within 24 hours of becoming aware of the event – so there is also an urgency involved.
i.e. The person performing the harm or observing the harm has 24 hours to notify their employer, who then has 24 hours to notify the owner/occupier. The owner/occupier then has 24 hours to notify the administering authority. If the employer or owner/occupier cannot be reached within 24 hours, the person performing or observing the harm must notify the administering authority. 
The Department of Environment, Tourism, Science and Innovation (DETSI) (previously known as DEHP) has a Pollution Hotline which can be contacted via phone or email in the first instance to provide notification (you must provide written notice!). Their contact details will be provided at the end.
2. Knowing what environmental harm is will help
Environmental harm is any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance.
Environmental value is:
A quality of physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental protection policy or regulation.
EP Act 1994 div 2 sub 1 sect 9
Adverse effects are typically caused by:
Contamination – contamination of the environment is the release (whether by act or omission) of a contaminant into the environment.
Contaminants include: a gas, liquid or solid; an odour; an organism, including a virus; an energy, including noise, heat, radioactivity and electromagnetic radiation; and a combination of contaminants.
EP Act 1994 div 2 sub 2 sect 10
For your particular business…what does environmental harm look like?
The best way to understand this for your business without this being too open-ended is to read and understand your Environmental Authority, if you have one. You can also have a risk assessment performed for your site.
3. There are different TYPES of Environmental Harm
Not all instances of environmental harm (actual or potential) are considered equal.
There are three different types. These are:
- Environmental Nuisance
- Material Environmental Harm
- Serious Environmental Harm
1. Environmental Nuisance is defined as:
unreasonable interference or likely interference with an environmental value caused by:
- aerosols, fumes, light, noise, odour, particles or smoke
- an unhealthy, offensive or unsightly condition because of contamination
- another way prescribed by regulation.
2. Material Environmental Harm
- Not trivial or negligible OR
- Causes actual or potential loss or damage to property of an amount ≥ $5,000 OR
- Results in costs of ≥ $5,000 to prevent or rehabilitate
3. Serious Environmental Harm
- Irreversible, high impact or widespread OR
- Occurs to area of high conservation value or special significance,
- Causes actual or potential loss or damage to property of an amount ≥ $50,000 OR
- Results in costs of ≥ $50,000 to prevent or rehabilitate
If you become aware of an event which has caused or threatens serious or material environmental harm, call the Department’s Pollution Hotline on 1300 130 372 in addition to providing written notice.
4. Fines and penalties can add up
If you cause, or fail to notify of, environmental harm you are subject to various penalties or other enforcement action.
Penalties are based on the type of environmental harm and the situation (i.e. was it intentional? properly reported? etc.)
The fine amount for most offences under Queensland State legislation and the laws of local governments is identified by penalty units.
Queensland’s Penalties and Sentences Regulation 2015 then defines the dollar value of a penalty unit. This is subject to a yearly review by the State Treasurer.
As of 1 July 2024, the value of a penalty unit is $161.31.
Some councils choose not to increase the penalty unit value for fines related to their local laws and it remains at $75. These councils are listed in Schedule 2 of the Penalties and Sentences Regulation 2015.
For an example of how fines and penalties can apply: https://www.simmondsbristow.com.au/watching-out-for-our-clients-fines-penalties-environmental-harm/
5. Support is out there
More information can be found on the Business QLD website and the DETSI and other state government websites.
A trusted consultant can be very valuable as your liaison with the department and to give you guidance on how to minimize the risk to your business.
If you’ve been issued with fines or EPO (Environmental Protection Order) or similar and would like support or if you would simply like more information, please visit our website www.simmondsbristow.com.au or give us a call on 07 3434 3800
Business QLD website–www.business.qld.gov.au
DETSI website–http://www.des.qld.gov.au/
Environmental Authorities–https://www.business.qld.gov.au/running-business/environment/licences-permits
Environmental Protection Act (1994) Qld–https://www.legislation.qld.gov.au/view/html/inforce/current/act-1994-062
Guidelines on who to notify–https://environment.des.qld.gov.au/__data/assets/pdf_file/0027/90666/cm-gl-duty-notify-environmental-harm.pdf
DETSI Pollution Hotline – 1300 130 372 or [email protected]
