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 Part 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 If the infringement notice is not withdrawn, a person who pays the penalty imposed by the issue of an infringement notice is not convicted of the offence.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 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 $13,3201 for an individual or $66,600 for a body corporate.

In 2010 the EPBC Act Regulations were 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 This register lists all infringement notices which have not been contested, withdrawn or re-issued since that time.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 2008/4399.
  • 13 September 2011 - Qanstruct Pty Ltd issued with one infringement notice of $6,600 for contravening condition 2 of EPBC 2010/5552.
  • 19 January 2012 - Cairns Regional Council issued with one infringement notice of $6,600 for contravening condition 7 of EPBC 2009/4858.
  • 20 February 2012 - Santos GLNG issued with two infringement notices (total value $13,200) for two contraventions of condition 63 of EPBC 2008/4057.
  • 14 April 2012 - Gladstone Ports Corporation issued with one infringement notice of $6,600 for contravening condition 9 of EPBC 2009/4904.
  • 25 June 2012 - QGC issued with two infringement notices (total value $13,200) for two contraventions of condition 62 of EPBC 2008/4402.
  • 25 June 2012 - QGC issued with one infringement notice of $6,600 for contravening condition 58 of EPBC 2008/4339.
  • 15 July 2013 - INPEX issued with one infringement notice of $10,200 for contravening condition 10 of EPBC 2008/4208.
  • 30 January 2014 - Power and Water Corporation issued with one infringement notice of $10,200 for contravening condition 1 of EPBC 2009/5113.
  • 12 February 2014 - Whitsunday Regional Council issued with one infringement notice of $10,200 for contravening condition 2 of EPBC 2010/5710.
  • 14 April 2014 - Process Minerals International issued with one infringement notice of $10,200 for contravening condition 2 of EPBC 2010/5759.
  • 12 May 2014 - Power and Water Corporation issued with one infringement notice of $10,200 for contravening condition 9 of EPBC 2009/5133.
  • 18 June 2014 - Van Oord issued with one infringement notices of $10,200 for contravening condition 10 of EPBC 2008/4208.
  • 23 July 2014 – Chevron issued with one infringement notice of $10,200 for contravening condition 15 of the EPBC 2008/4469.
  • 21 August 2014 – QGC issued with one infringement notice of $10,200 for contravening condition 31 of the EPBC 2008/4398.
  • 21 August 2014 – QGC issued with one infringement notice of $10,200 for contravening condition 34 of the EPBC 2008/4398.
  • 28 April 2015 - BM Webb Holdings Pty Ltd issued with one infringement notice of $10,200 for contravening condition 17 of EPBC 2009/5087.
  • 27 May 2015 - Whitsunday Council issued with one infringement notice of $10,200 for contravening condition 9 of EPBC 2010/5710.
  • 10 May 2017 - Yara Pilbara Nitrates Pty Ltd issued with one infringement notice of $10,800 for contravening condition 3 of EPBC 2008/4546.
  • 24 August 2017 - Yara Pilbara Nitrates Pty Ltd issued with one infringement notice of $12,600 for contravening condition 9a of EPBC 2008/4546.
  • 2 April 2019 - INPEX Operations Australia Pty Ltd issued with one infringement notice of $12,600 for contravening condition 8 of EPBC 2008/4208.
  • 3 December 2019 - Venture Minerals Limited issued with two infringement notices (total value $25,200) for contravening conditions 24 and 29 of EPBC 2012/6339.
  • 7 January 2020 – Hovey Property Group Pty Ltd issued one infringement notice (total value $12,600) for contravening conditions 5 and 8 of EPBC 2014/7164.
  • 29 May 2020 – Mount Buller and Mount Stirling Alpine Resort Management Board issued two infringement notices (total value $25,200) for contravening conditions 1 and 2a of EPBC 2014/7303.
  • 14 August 2020 – CRWF Nominees Pty Ltd issued two infringement notices (total value $26, 640) for contravening conditions 1, 2, 10 and 11 of EPBC 2011/6206.
  • 24 September 2020 – Narre Warren Central Pty Ltd issued two infringement notices (total value $26,640) for contravening conditions 3, 9 and 11 of EPBC 2014/7380.
  • 30 October 2020 – Adani Mining Pty Ltd issued two infringement notices (total value $25,920) for two contraventions of condition 7 of EPBC 2010/5736.
  • 6 October 2021 – Gold Coast Airport Pty Limited issued one infringement notice (total value $13,320) for contravening condition 5 of EPBC 2014/7266.
  • 9 November 2021 – Holcim (Australia) Pty Ltd issued two infringement notices (total value $26,640) for contravening condition 2, and conditions 7 and 8 of EPBC 2012/6560.

1 Under Commonwealth law (i.e. the Crimes Amendment (Penalty Unit) Act 2017 (Cth)), the value of one (1) penalty unit is $222, as per section 4AA of the Crimes Act 1914 (Cth). On 1 July 2020, the value of a Commonwealth penalty unit increased from $210 to $222.This has resulted in Infringement notices for corporations increasing from $12,600 to $13,320.