The Environment Protection Authority (EPA) is a statutory position that administers the Environment Protection Act 1997 (the Act).
The Act covers all activities that could cause harm to human health or the environment through emissions to air, land and water.
The EPA's functions include:
In addition to the Act, the EPA is responsible for the administration of the Water Resources Act 2007. This Act aims to ensure the use and management of the Territory's water resources are sustainable while protecting the ecosystems that depend on the waterways. It is also designed to protect waterways and aquifers from damage.
For more information about the role of the EPA read the General Environmental Protection Policy (315 KB).
Access Canberra outlines its priorities for risk-based regulation. In 2023, this includes a public statement of expectation for the Environment Protection Authority. Regulatory activities will align with these statements.
The EPA develops policies and guidelines to help business and industry groups understand their responsibilities, including guidelines for Construction and Land Development.
Under the Act, activities which pose an environmental risk need an environmental authorisation.
Environmental authorisations set out conditions for the activities.
The activities are listed at Schedule 1 of the Act.
Commercial pest and weed control activities that involve agvet chemical products require additional qualifications for authorisation.
The EPA approves the disposal of contaminated material to landfill. You must complete the online form for assessment and approval.
EPA decisions can be reviewed internally and by the ACT Civil and Administrative Appeals Tribunal.
If granted, annual fees are due in 30 days. Authorisations granted for an unlimited period require payment of the annual fee on the anniversary of the grant date.
Once granted, environmental authorisations are notified on our environment protection agreements register and the ACT Legislation Register.
Environmental protection agreements are required for certain activities, and those that may have the potential to harm the environment.
The activities are listed at Schedule 1 of the Act.
Environmental protection agreements are formal written agreements between the EPA and the activity manager, for an unlimited or a specified period.
Most environmental protection agreements relate to major development or construction activities. Building activities and land development can contribute significant pollution to Canberra's lakes and waterways.
Under the Act it is an offence to allow soil and other building materials to enter the stormwater system.
Developers and construction managers need to enter into an environmental protection agreement for sites over 0.3 hectares.
To apply for an environment protection agreement:
There are no fees for environmental protection agreements.
Once approved, agreements are valid for 5 years and listed on the Environment Protection agreements register.
The Magistrates Court may issue an environmental protection infringement notice to a corporation, business or individual if they’ve taken actions prohibited under the Act and the Environment Protection Regulation 2005.
Prohibited activities or actions may include breach of a licence condition, exceeding prescribed noise standards, or allowing pollutants to enter a waterway.
Infringements are administered by the EPA.
You can pay an environment protection infringement:
For offences under the Act, the EPA can send an official warning letter, issue a penalty notice, negotiate an enforceable undertaking, or prosecute.
Enforceable undertakings are a voluntary and legally binding agreement between the EPA and the offending party.
The agreement includes commitments to achieve improved environmental outcomes.
The EPA decides whether to accept a proposed enforceable undertaking in accordance with the NSW Guidelines.
The following enforceable undertaking was issued in May 2021:
You can contact the EPA through Access Canberra.