Environment Protection and Biodiversity Conservation Act 1999

The CEO may, by notice in writing to a person in the circumstances set out in subsection (2) or (3), require the person to conduct an environmental audit (a directed environmental audit).

The circumstances are that:

the person:

is the holder of, or is otherwise approved to take an action under, an environmental authority; or

is subject to an environmental order; or

is a person to whom an environmental exemption applies; and

the CEO reasonably suspects that the person has contravened, or is likely to contravene, a condition or requirement of the authority, order or exemption.

The circumstances are that:

the person:

is the holder of, or is otherwise approved to take an action under, an environmental authority; or

is a person to whom an environmental exemption applies; and

the CEO reasonably suspects that:

the action to which the authority or exemption relates has, has had or is likely to have impacts on the matter dealt with by a provision for which the authority authorises the action or from which the exemption exempts the action; and

those impacts are significantly greater than was indicated in the information available to the person who granted the authority or exemption when it was granted or the person who approved a variation (however described) of the authority or exemption when the variation was approved (if any).

The notice must specify:

the matters to be covered by the audit; and

the form of the audit report and the kinds of particulars it is to contain; and

the day on or before which the report must be given to the CEO; and

any other matters prescribed by the regulations.

Without limiting the matters that may be specified for the purposes of paragraph (4)(a), those matters may include all or any of the following:

an evaluation of the nature of the environment that is or will be affected by the activities, of the person, to which the environmental authority, environmental exemption or environmental order is relevant;

an assessment of the risks to the environment resulting from those activities;

an assessment of the person’s existing capacity, in carrying on those activities, to comply with:

for an environmental authority or environmental exemption—any conditions of the authority or exemption; and

for an environmental order—the order; and

in any case—the requirements of this Act and the regulations;

an assessment of what the person will need to do, or continue to do, in order to comply.