Consent to initiate a prosecution under the Environmental Protection Act 1986

The Department of Water and Environmental Regulation assesses requests to initiate a prosecution under the Environmental Protection Act 1986.

In accordance with section 114(3) of the Environmental Protection Act 1986 (EP Act), prosecution of an offence detailed in the table of offences may be instituted by any of the following:

a) the CEO of the Department of Water and Environmental Regulation (the department)

b) a police officer acting with the consent of the department’s CEO

c) the CEO of a local government, acting with the consent of the department’s CEO.

Table of offences

Section Offence
49A (2) A person who discharges or abandons, or causes or allows to be discharged or abandoned, any solid or liquid waste in water to which the public has access commits an offence. 
49A (3) A person who discharges or abandons, or causes or allows to be discharged or abandoned, any solid or liquid waste on or in any place, other than water to which the public has access, commits an offence.
81 (2) A person who does not without reasonable excuse comply with a direction given by an authorised person or police officer under subsection (1) commits an offence (Noise Abatement Direction)
82 (2) A person who does not comply with a requirement made under subsection (1)(b) commits an offence (Obligation to provide name and address).

83

The occupier of any premises and any person in charge or apparently in charge of any premises or public place who does not furnish to an authorised person or police officer all reasonable assistance and all information that —

(a) the authorised person or police officer requires of him; and

(b) that occupier or person is capable of furnishing with respect to the exercise of the powers, and the discharge of the duties, of the authorised person or police officer under this Part commits an offence.

93

A person who —

(a) delays or obstructs a police officer, inspector or authorised person; or

(b) does not comply with any reasonable requirement made by a police officer, inspector or authorised person; or

(c) being the occupier of any premises, refuses to permit a police officer, inspector or authorised person to do anything on those premises, in the exercise by the police officer, inspector or authorised person of any of his powers under this Act commits an offence.

The department will assess all requests to initiate a prosecution in line with its Prosecutions Guideline. Sufficient evidence is required to establish that an offence has occurred and prosecution is in the public interest.

Police officers and local government seeking to initiate a prosecution under the EP Act must complete the form below, which constitutes a formal request for consent from the department’s CEO. The department will assess the request and provide consent as appropriate.

Page reviewed 25 November 2022