Environmental Law Enforcement - What is this factsheet about? EPA POEO Act

Even if the court is satisfied that a breach has occurred, the court has discretion about whether to make any orders at all.27 In addition to proving that a breach of the law has occurred, the applicant in the proceedings also needs to satisfy the court that it is appropriate to make the orders sought. [...] The Federal Minister for the Environment (through the Department of Environment) is responsible for bringing civil enforcement proceedings in the Federal Court for breaches of the EPBC Act. [...] Under the POEO Act, proceedings for serious offences (prescribed offences) must be commenced within 3 years of the date on which the offence is alleged to have been committed, or of the date that the alleged offence came to the attention of an authorised officer.37 For all other offences, the prosecution must be commenced within 12 months. [...] The Federal Minister for the Environment (through the Department of Environment) is responsible for bringing criminal enforcement proceedings in the Federal Court for breaches of the EPBC Act. [...] Penalties and Sentences The sentence imposed depends on the seriousness of the offence, which is determined by the court having regard to a range of matters such as the extent of environmental harm caused by the offence, whether the offender has a history of offending, any financial benefit gained by the offender by committing the offence, and whether the offender tried to mitigate the harm or sho.