Compliance response

What is non-compliance?

Non-compliance under any of the Acts we regulate refers to any failure to follow the rules and regulations outlined in that legislation. This can include a wide range of actions, such as:

• Taking or interfering with water without the required entitlement.
• Taking more water than allowed under a water entitlement.
• Taking water at a rate that is faster than allowed under a water entitlement.
• Failing to comply with the conditions of a water licence or other authorisation.
• Failure to comply with water bore construction standards.
• Failing to report required information or data.
• Failing to maintain water infrastructure in good condition.
• Failing to comply with water quality standards.
• Failure to have effective dam safety management programs in place.
• Failure to comply with drinking water and recycled water management plans to protect human health and the environment.

Non-compliance with these laws can have consequences, including fines, penalties, and some cases, even imprisonment. It is important to understand your obligations and to take steps to ensure compliance.

Read our compliance response and escalation pathway.

What is a statutory notice?

This is a legal document that requires a person:

• to rectify damage or remediate a matter that is a breach of the laws
  or
• to refrain from doing something that is a breach of the laws.

Is often issued by government authorities in response to a violation of laws, regulations, or conditions in authorisations. In legal documents a person might also mean a business. This means that if you’ve done something wrong, you will have to fix it, and or not do it again.

Key points about statutory notices

• This is different from a general request or guidance. Statutory notices are enforceable under law, and non-compliance may constitute an offence. Specific instructions: If the notice requires remediation, it will outline the exact actions required, the time for completion, and any specific conditions or requirements.
• Appeal process: It may be possible to appeal a compliance notice if you believe it is unfair or unreasonable.

It's important to consider talking to a legal professional to understand your rights and obligations.

What is a penalty?

A punishment or consequence for breaking a rule or law.

What is a penalty unit?

A standard amount of money used to calculate fines for various offences in Australia. The value of a penalty unit is set by the government and is adjusted periodically to account for inflation.

Read more about penalty units and state penalties enforcement registry (SPER).

What is a penalty infringement notice (PIN)?

A type of fine issued by a government authority for a specific offence.

It's a way to address low level offences quickly and efficiently without going through a full court process.

What steps do we take before issuing a PIN?

1. Identify the offence

   An authorised officer identifies a breach of a law or regulation. This could be through direct observation, reports from the public, or other investigative means.

2. Gather evidence

   The authorised officer collects evidence to support the allegation of the offence. This might include:

   • photographs
   • witness statements
   • documentation (e.g. permits, licenses)
   • physical evidence (e.g. litter, damaged property).
3. Assess the offence

   The officer determines the specific offence that has been committed under the relevant legislation.

   They assess the severity of the offence and options for the appropriate penalty, considering factors like:

   • the nature of the breach
   • the potential harm caused
   • the offender's history (if applicable).
4. Consultation (if applicable)

   The officer may attempt to resolve the issue through informal means, such as issuing a warning or providing advice and undertake natural justice.

5. Issue the PIN
   The officer issues the PIN to the offender. This includes providing:
   • the offence details
   • the amount of the fine (the fine amount is predetermined based on the specific offence)
   • payment instructions
   • information about the right to dispute the fine.

Key points about PINs

Review the PIN right away and if you have any questions or concerns, contact us for clarification.

• Due date: act before this date. Either pay the fine, arrange a payment plan, or lodge a dispute.
• Payment options: You can usually pay the fine in full or by a payment plan.
• Dispute process: If you disagree with the fine, you may have the option to dispute it in the Magistrates Court.
• Consequences of non-payment: Failure to pay a PIN can lead to further legal action, such as debt recovery or licence suspension.

It's important to review the PIN carefully to understand the details about the offence, the fine amount, and the payment due date. If you have any questions or concerns, you should contact the department for clarification.

Read more

How we identify breaches and the range of compliance and enforcement actions we may take.