Clause 25 of the NPI NEPM allows each participating jurisdiction to take enforcement action where an occupier fails to provide information or provides false or misleading information. Unless local law provides otherwise, the occupier is given an impartial hearing and may then be named in the National Environment Protection Council’s annual report, face penalties, or both.
Key points
- Enforcement sits with each state and territory
- Clause 25 of the NPI NEPM sets the framework
- WA sets a maximum $5,000 penalty for failing to report or false information
- NSW allows penalty notices of up to $1,000
- Occupiers may be named in the NEPC annual report
Examples by jurisdiction
| Jurisdiction | Instrument | Penalty |
|---|---|---|
| Western Australia | Environmental Protection (NEPM-NPI) Regulations 1998 | Maximum $5,000 for late or missing information or false or misleading information, and maximum $5,000 for failing to keep verification data for 3 years or produce it |
| New South Wales | Protection of the Environment Operations (General) Regulation 2022 | Up to 40 penalty units for a corporation or 20 for an individual, with penalty notices of $1,000 for a corporation or $500 otherwise |
| Queensland | Environmental Protection Regulation 2019 | Maximum penalty of $3,338, as listed by Business Queensland |
| Victoria | Environment Protection Regulations 2021 | Penalties apply to late lodgement, due diligence and record keeping |
How compliance is checked
State and territory agencies must take reasonable steps to confirm the accuracy of reported data. EPA South Australia, for example, describes desktop audits, scheduled site visits and on-site audits. If a report is late, contact the state or territory NPI office as soon as possible.
Record keeping
New South Wales also requires the data used to assess thresholds and make estimates to be kept for 4 years, with the same maximum penalties as for reporting offences.
Business Queensland also confirms that reports are due by 30 September each year. Penalty amounts are set in each jurisdiction’s law and change over time, so check the current instrument for the state or territory where the facility operates.
Why it matters
Beyond penalties, a late or missing report is visible. The facility’s data will be absent or incomplete when the national data is published by 31 March. Occupiers who miss the deadline should lodge as soon as possible and contact their state or territory NPI office.
References & sources
Primary regulatory documents and authoritative references underpinning this answer.
- National Environment Protection (National Pollutant Inventory) Measure 1998legislation.gov.au
- Environmental Protection (NEPM-NPI) Regulations 1998 (WA)legislation.wa.gov.au
- NSW EPA: National Pollutant Inventoryepa.nsw.gov.au
- Business Queensland: National Pollutant Inventorybusiness.qld.gov.au
- EPA Victoria: National Pollutant Inventory reportingepa.vic.gov.au
- DCCEEW: Implementation of the NPI NEPMdcceew.gov.au