Offences for which Court proceedings may be commenced and for which Infringement Notices can be issued are described in legislation administered by the EPA Division. A list of legislation administered by, and guiding policy used by, the EPA Division can be found here.
Court proceedings may be commenced by the EPA Division as a result of investigations undertaken by the Division, or when recipients of an Infringement Notice elect to have the matter of the Notice determined by the Courts.
Some offences under the Environmental Management and Pollution Control Act 1994 (EMPCA) carry provisions for terms of imprisonment, and penalties to a maximum of $1,300,000.
The document Prosecutions by Court Proceedings provides details of prosecutions by the EPA Division that came to Court for the last 15 years.
Infringement Notices attract fines of between $157 and $3140,
depending on the offence and whether the offence is by an individual or a
corporation. Generally the fine for an individual is less than that for
a Corporation. The fines from Infringement Notices issued by authorized
officers of the Crown are paid into the Environment Protection Fund.
Fines and monetary penalties are administered under the Monetary Penalties Enforcement Act 2005, and through the Monetary Penalties Enforcement Service.
Individuals or Corporations issued with an Infringement Notice may
elect to have the matter of the Notice determined by the Courts.
Infringement Notices may be issued by officers authorized under the
relevant legislation (EPA Division officers or Tasmania Police officers)
and by appointed Council officers.