Compliance Overview

Compliance Framework
Compliance Driver UNE Environmental & Sustainability Compliance Framework (Cth)
Classification Level 1
University-wide concern. Impacts on reputation and funding.
Associated Legislation
Associated Standards
Associated Codes None
Associated Information
Return to Top Administrative Information
Administrative Body Estate and Built Environment
Administrative Name , Environmental Sustainability Manager
Administrative Address  
Administrative Phone  
Administrative Email  
Administrative Website https://www.une.edu.au/about-une/university-structure/estate-and-built-environment
Return to Top General Introduction
VC Compliance Delegate Meredith Parry, Chief Operating Officer
Compliance Coordinator Suzannah Mitchell, Environmental Sustainability Manager
Business Units Impacted
  • Academic Development
  • Accounting
  • Advancement, Alumni and Events
  • Ag360
  • Animal Genetics and Breeding Unit
  • Australian Business Research Institute
  • Brand Partnership and Business Development
  • Business Intelligence and Analytics
  • Business Services
  • Campuses
  • Careers & Employability
  • Centre for Agriculture and Law
  • Centre for Animal Research and Teaching
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Client Services
  • Collaborative Research Centres
  • Computational Analytics Software Infomatics
  • Controlled Entities
  • Corporate Communications and Events
  • Cotton Catchment Communities CRC
  • CRC for Beef Genetic Technologies
  • CRC for Spatial Information
  • Curriculum and Academic Management
  • Data Services
  • Digital Education
  • Education Enterprise
  • Education Futures
  • Education Quality Directorate
  • English Language Centre
  • Enterprise Architecture
  • Estate and Built Environment
  • Examinations Office
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Finance Strategy and Business Intelligence
  • Future Students, Engagement and Technologies
  • Graduate Research School
  • Heritage Futures Research Centre
  • Information Security
  • Infrastructure Services
  • Institute for Rural Futures
  • Integrated Services and Operational Intelligence
  • Internal Audit
  • Legal Services
  • Library Services
  • Office of Strategy and Management
  • Office of the Chief Financial Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Director Governance and University Secretary
  • Office of the Pro Vice-Chancellor Indigenous
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • Operational Reporting
  • People and Culture
  • Poultry Hub
  • Procurement
  • Records, Policy and Governance Unit
  • Research Centres and Institutes
  • Research Services
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology
  • School of Rural Medicine
  • School of Science and Technology
  • SportUNE
  • Strategic Partnerships & Business Development
  • Strategic Projects Group
  • Student Grievance Unit
  • Student Journey
  • Student Pathways
  • Student Services
  • Technology and Digital Services
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • Treasury
  • UNE Archives & Heritage Centre
  • UNE Brand and Marketing
  • UNE Business School
  • UNE Council
  • UNE Foundation Limited
  • UNE Foundation Trust
  • UNE International
  • UNE Life Healthcare Centre
  • UNE Life Pty Ltd
  • UNE Marketing
  • UNE Partnerships Pty Ltd
  • UNE Professional Superannuation Fund Pty Ltd
  • UNE Residential System
  • University Secretariat
  • Vechile Management Services
  • Yarm Gwanga
Overview The purpose of this compliance driver is to provide you with:
* an overview of complex regulatory framework regarding environmental compliance that the University is subject to.
* high level information regarding the University's environmental plans and actions.

Environmental compliance responsibilities and obligations are detailed against individual compliance drivers/legislation.

Compliance Obligations

Return to Top Biodiversity Conservation Act 2016
Description UNE is to comply with the obligations under the Act and in accordance with the purpose the Act to maintain a healthy, productive and resilient environment for the greatest well-being of the community, now and into the future, consistent with the principles of ecologically sustainable development
Impacts Breach Impact Financial: Example: Part 2 Protection of animals and plants (Offences) 2.1(1)(a) (Harming threatened species/community - non-vulnerable) - Tier 1 monetary penalty: 10,000 penalty units. Plus additional penalty for each animal. And Imprisonment for 2 years, or both.

Breach impact Non-Financial: Civil proceedings to remedy or restrain breaches (s13.14). Orders for restoration, prevention, costs, expenses, compensation, monetary benefits (Div 3, Part 13)

Executive Liability: Yes, under s13.6 (executive liability) or s13.7 (accessory liability).

Criminal Penalty/Offence: Yes
Responsible Manager Kathy Little, Operational Services Manager
Coordinating Officer Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Unit Estate and Built Environment
Oversight Committee/Group None
Business Units Impacted
  • Estate and Built Environment
  • Faculty of Science, Agriculture, Business and Law
  • Office of the Chief Operating Officer
  • Rural Properties
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy None
Protocol None
Procedure None
Guideline None
Other Websites
 
Return to Top Contaminated Land Management Act 1997
Description Contaminated Land Management Act 1997
Impacts Under s12(1) where the University has control of the land the NSW EPA may undertake an investigation or remediation order under the Act. The University must comply with any order on the basis it has control of the land.

Breach Impact Financial: Section 60 - Duty to Report Contamination - If a corporation's activities result in land contamination, it must notify the NSW Environment Protection Authority (EPA) in writing. Failure to do so can lead to a Maximum penalty of up $2,000,000. Continuing offence: An additional $240,000 for each day the offence continues.
Section 28 - Failure to Comply with Management Orders - If a corporation does not adhere to a management order issued by the EPA, it may face a Maximum penalty of up to $1,000,000. Continuing offence: An additional $120,000 for each day the offence continues.

Breach impact Non-Financial: s.14–18 Management Orders - Legally binding EPA orders to investigate and remediate contaminated land.
s.28 - Monitoring & Maintenance Orders - Ongoing post-cleanup obligations such as environmental testing and maintenance.
s.58 & EPA Register - Reputational Damage - Public listing on the Contaminated Land Public Register and possible media exposure.
s.105 (EPA Act) - Enforceable Undertakings - Legally enforceable commitments made voluntarily to the EPA; breachable with consequences.
s.64 & EPA Act - Court Orders - Orders by the Land and Environment Court to take or stop specific actions (e.g. remediation).
EPA Act & POEO Act - Licence Suspension/Revocation - EPA or planning authorities may revoke or suspend environmental licences or consents.

Executive Liability: Yes, Under sections 64 Directors and officers of a corporate body may be held personally liable if:
They were directly involved in the contravention.
They authorised or permitted the contravention.
They were reckless or negligent in allowing the contravention to occur.

In such cases, the Land and Environment Court may order them to comply with a management order at their own expense.

Criminal Penalty/Offence: Yes
Responsible Manager Kathy Little, Operational Services Manager
Coordinating Officer Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Unit Estate and Built Environment
Oversight Committee/Group None
Business Units Impacted
  • Estate and Built Environment
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy None
Protocol None
Procedure None
Guideline None
Other Websites
 
Return to Top DPIE and ARC - Trade Waste compliance
Description The University has the obligation to seek approval from the local council to discharge liquid waste material into the council sewerage system. As of 2025 there are 34 trade waste discharge location on campus

Report on the status of the 34 trade waste licenses
Impacts Fines may apply
Negative impact on reputation
Responsible Manager Kathy Little, Operational Services Manager
Coordinating Officer Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Unit Estate and Built Environment
Oversight Committee/Group None
Business Units Impacted
  • Estate and Built Environment
  • Internal Audit
  • School of Environmental and Rural Science
Obligation Framework
Associated Legislation
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy None
Protocol None
Procedure None
Guideline None
Other Websites
 
Return to Top Environment Protection and Biodiversity Conservation Act 1999
Description EPBC Act covers the following (relevant to UNE):
Species and ecological communities
Threatened ecological communities
Threatened fauna
Threatened flora

Provide comment on any activities that have triggered the Act during reporting report
Impacts Breach Impact Financial: A person must not take an action, without approval, that: (a) has or will have a significant impact on a listed threatened species/communities or (b) is likely to have a significant impact on a listed threatened species/communities.
(1) Species that are extenct in the wild
(2) Critically endangered species
(3) Endangered species
(4) Vulnerable species
(5) Critically endangered communities
(6) Endangered communities
Civil penalty: (a) for an individual—5,000 penalty units; (b) for a body corporate—50,000 penalty units.

Breach impact Non-Financial: Section 144 - Suspension of Approval - Minister may suspend an approval if: conditions have been contravened, or information provided was false/misleading
Section 145 - Revocation of Approval - Minister may revoke an approval if: conditions have been contravened, or information provided was false/misleading
Section 458 - Environmental Audits - Minister may require an environmental audit if believes there has been, or may be, contravention
Section 475 - Injunctions - Court may grant injunctions to restrain conduct or require compliance

Executive Liability: Yes. Section 494 - Executive officer's civil liability for contraventions - Civil - Same as corporation
Section 495 - Executive officer's criminal liability where corporation contravenes provision - Criminal - Same as corporation
Section 496 - Executive officer's duty to prevent contraventions - Criminal - Same as primary offence
Section 497 - Liability of directors for failing to prevent offence where reasonable steps not taken - Criminal - Same as primary offence

Criminal Penalty/Offence: Yes
Responsible Manager Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Officer Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Unit Estate and Built Environment
Oversight Committee/Group None
Business Units Impacted
  • Accounting
  • Advancement, Alumni and Events
  • Animal Genetics and Breeding Unit
  • Australian Business Research Institute
  • Business Intelligence and Analytics
  • Campuses
  • Centre for Agriculture and Law
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Computational Analytics Software Infomatics
  • Corporate Communications and Events
  • CRC for Beef Genetic Technologies
  • Education Enterprise
  • Education Quality Directorate
  • English Language Centre
  • Estate and Built Environment
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Heritage Futures Research Centre
  • Institute for Rural Futures
  • Internal Audit
  • Legal Services
  • Library Services
  • Office of Strategy and Management
  • Office of the Chief Financial Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • People and Culture
  • Procurement
  • Records, Policy and Governance Unit
  • Research Services
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology
  • School of Rural Medicine
  • School of Science and Technology
  • Student Grievance Unit
  • Student Journey
  • Technology and Digital Services
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • UNE Archives & Heritage Centre
  • UNE Business School
  • UNE Council
  • UNE Foundation Limited
  • UNE Foundation Trust
  • UNE International
  • UNE Life Healthcare Centre
  • UNE Marketing
  • UNE Partnerships Pty Ltd
  • UNE Residential System
  • University Secretariat
  • Yarm Gwanga
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy Environment and Sustainability Policy
Protocol None
Procedure None
Guideline None
Other Websites
 
Return to Top Gas Supply Act 1996
Description The University is to comply with the obligations under the Act, and to confirm no offenses have occurred during reporting period
Impacts Breach Impact Financial: Offences under the Gas Supply Act 1996:
Section 65 Theft of gas: Maximum penalty for a corporation 2,000 penalty units, and for a continuing offence a further 200 penalty units for each day the offence continues.
Section 66 Interference with or damage gas works: Maximum penalty for a corporation 10,000 penalty units.
Section 67 Interference with gas meters: Maximum penalty for a corporation 5,000 penalty units.
Section 69 Unauthorised connections: Maximum penalty for a corporation 5,000 penalty units.
Section 70 Unauthorised increase in capacity: Maximum penalty for a corporation 5,000 penalty units.
Section 71 Unauthorised alterations and additions to gas installations: Maximum penalty for a corporation 5,000 penalty units.
Section 72 Obstruction of inspectors: Maximum penalty for a corporation 5,000 penalty units.
Regulations Breaches of gas safety standards: This can include supplying or using non-compliant or unapproved gas appliances.

Breach impact Non-Financial:

Executive Liability: Yes. Section 80 Directors and managers liable for offences committed by corporations
(1) If a corporation contravenes a provision of this Act or the regulations, each person who—
(a) is a director of the corporation, or
(b) is concerned in the management of the corporation,
is to be treated as having contravened that provision if the person knowingly authorised or permitted the contravention.

Criminal Penalty/Offence: Yes
Responsible Manager Kathy Little, Operational Services Manager
Coordinating Officer Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Unit Estate and Built Environment
Oversight Committee/Group None
Business Units Impacted
  • Estate and Built Environment
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy None
Protocol None
Procedure None
Guideline None
Other Websites
 
Return to Top National Greenhouse and Energy Reporting Act 2007
Description Ensure compliance with legislation, with appropriate annual reporting through Tertiary Education Facilities Management Association (TEFMA), and report if threshold is triggered
Impacts Breach Impact Financial: For example: Section 20 Liability of other persons to provide certain information. Civil penalty: (a) for an individual - 400 penalty units; or (b) otherwise - 2,000 penalty units.
Sections 21/21A/22 Reports relating to greenhouse gas projects: reduction of greenhouse gas emissions and removals of greenhouse gases / Reports relating to offsets of greenhouse gas emissions / Records to be kept. Civil penalty: 1000 penalty units.
Other reporting obligations - Civil penalty: 2000 penalty units.
Section 41 (2) Amount of penalty - The penalty to be specified in an infringement notice relating to a person’s alleged contravention of section 22XF [Duty to ensure that excess emissions situation does not exist] must be a pecuniary penalty equal to whichever is the lesser of the following amounts: (a) one third of the maximum penalty that a Court could impose on the person for that contravention; (b) 150,000 penalty units.

Breach impact Non-Financial: Infringement notices
Enforceable undertakings
Criminal proceedings for providing false or misleading information.

Executive Liability: Indirect. Section 20 Liability of other persons to provide certain information - While the Act doesn't explicitly detail the responsibilities of directors, the general principle is that directors and officers have a duty to ensure their organisation complies with the law.

Criminal Penalty/Offence: Yes
Responsible Manager Kathy Little, Operational Services Manager
Coordinating Officer Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Unit Estate and Built Environment
Oversight Committee/Group None
Business Units Impacted
  • Estate and Built Environment
  • Office of the Chief Operating Officer
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy None
Protocol None
Procedure None
Guideline None
Other Websites
 
Return to Top National Parks and Wildlife Act 1974 - Aboriginal Heritage Items
Description The University is to comply with its obligations under the Act relating to Aboriginal Heritage, including project specific Aboriginal Heritage Impact Permits (AHIP)
Impacts Fines and penalties

Breach Impact Financial: Amongst other penalties, under section 86 a university breaching thia Act could face significant financial penalties, particularly for offences related to Aboriginal objects or heritage. Specifically, harming or desecrating Aboriginal objects can result in penalties of up to 10,000 penalty points for corporations, and in the case of an individual 2,500 penalty units or imprisonment for 1 year, or both; or in circumstances of aggravation 5,000 penalty units or imprisonment for 2 years, or both.

Breach impact Non-Financial: Court orders for rehabilitation works
Publication of an advertisement in accordance with a publication order
Orders to pay the prosecutor's costs.

Executive Liability: Yes. Section 175B Liability of directors etc for offences by corporation—offences attracting executive liability

Criminal Penalty/Offence: Yes
Responsible Manager Kathy Little, Operational Services Manager
Coordinating Officer Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Unit Estate and Built Environment
Oversight Committee/Group None
Business Units Impacted
  • Estate and Built Environment
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy None
Protocol None
Procedure None
Guideline None
Other Websites
 
Return to Top National Parks and Wildlife Act 1974 - Possum Catch and Release
Description Submit Annual Possum Catch and Release Activity Report
Provide details of any catch and releases that have taken place in the last 12 months under Possum Catch and Release Licence MWL000103671
Impacts Non-compliance, unable to renew licence.
Responsible Manager Kathy Little, Operational Services Manager
Coordinating Officer Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Unit Estate and Built Environment
Oversight Committee/Group None
Business Units Impacted
  • Estate and Built Environment
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy None
Protocol None
Procedure None
Guideline None
Other Websites
 
Return to Top Ozone Protection Act 1989
Description Compliance with ozone management requirements
Impacts Maximum penalty applies

Breach Impact Financial: Under section 31 Penalty - A regulation may create an offence punishable by a penalty not exceeding 200 penalty units in the case of a corporation or, in any other case, 100 penalty units. This is the maximum in Act.

Breach impact Non-Financial: Court orders for rehabilitation works
Publication of an advertisement in accordance with a publication order
Orders to pay the prosecutor's costs.

Executive Liability: Yes. Section 21 Offence by employee - liability of employer. If an employee contravenes any provision of this Act or the regulations, the employer is to be taken to have contravened the same provision (whether or not the employee contravened the provision without the employer’s authority or contrary to the employer’s orders or instructions).
(2) It is a defence in proceedings against an employer for such a contravention if it is established—
(a) that the employer had no knowledge of the contravention, and
(b) that the employer could not, by the exercise of due diligence, have prevented the contravention.
(3) An employer may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the employee has been proceeded against or convicted under that provision.
Section 22 Offences by corporations. (1) If a corporation contravenes any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is to be taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.
(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or convicted under that provision.

Criminal Penalty/Offence: Yes
Responsible Manager Kathy Little, Operational Services Manager
Coordinating Officer Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Unit Estate and Built Environment
Oversight Committee/Group None
Business Units Impacted
  • Estate and Built Environment
  • Office of the Chief Operating Officer
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information
Management Tools
Rule None
Policy Energy Management Policy
Protocol None
Procedure None
Guideline None
Other Websites
 
Return to Top Ozone Protection and Synthetic Greenhouse Gas Management Act 1989
Description Ensure compliance with legislation, with appropriate annual reporting through Tertiary Education Facilities Management Association (TEFMA), and report if threshold is triggered
Impacts Breach Impact Financial: Section 13AC Penalties for unlicensed manufacture, import or export of scheduled substances or equipment. Penalty = 500 penalty units; 60 penalty units for a strict liability offence; Civil penalty of 600 penalty units
Section 18 Conditions of licence. Penalty = 500 penalty units; 60 penalty units for a strict liability offence; Civil penalty of 600 penalty units
Section 45B Discharge of scheduled substances. Penalty = 300 penalty units; 60 penalty units for a strict liability offence; Civil penalty of 400 penalty units.

Breach impact Non-Financial: Warnings, license suspensions, and the refusal or cancellation of permits or licenses

Executive Liability: Indirect.

Criminal Penalty/Offence: Yes
Responsible Manager Kathy Little, Operational Services Manager
Coordinating Officer Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Unit Estate and Built Environment
Oversight Committee/Group None
Business Units Impacted
  • Estate and Built Environment
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy None
Protocol None
Procedure None
Guideline None
Other Websites
 
Return to Top Pesticides Act 1999 - Notification of Pesticide Use
Description Public authorities are required to develop notification plans for notification of pesticide use.
Impacts It is an offence under the Act to:
1. use a pesticide in a manner that injures or is likely to injure another person (section 10);
2. use a pesticide in a manner that damages or is likely to damage any property of another person (section 10);
3. use a pesticide in a manner that harms any non-target animal or plant, or harms any animal or plant if there is no approved label or permit for the pesticide (section 11);
4. wilfully or negligently use a pesticide in a manner that causes material harm to threatened species or protected animals (section 9);
5. possess or use an unregistered pesticide without a permit (sections 12 and 13);
6. fail to read an approved label or permit before using a registered pesticide (section 14);
7. use a registered pesticide contrary to the approved label (section 15);
8. keep registered pesticides in a container without an approved label (section 16);
9. possess or use a restricted pesticide without being authorised by a certificate of competency or a pesticide control order (section 17).

Breach Impact Financial: Under Part 2, Division 2 of the Pesticides Act, it is an offence to use a pesticide in a way that: injures or is likely to injure another person; damages or is likely to damage another person's property; harms a plant or animal other than the target pest; harms a companion animal. The maximum penalties for these offences are: $60,000 for an individual, $120,000 for a corporation.
Major offences
Under Part 2, Division 1 of the Pesticides Act, imposes face higher penalties if you wilfully or negligently use a pesticide in a way that: injures or is likely to injure another person; damages or is likely to damage another person’s property; harms a plant or animal other than the target pest; materially harms a threatened or protected animal species. The maximum penalties for these offences are: $500,000 for an individual, $2 million for a corporation

Breach impact Non-Financial:

Executive Liability: Yes. Section 112: Liability of directors etc for offences by corporation—offences attracting executive liability. This section makes directors and other managers of a corporation liable for offences committed by the corporation if they are deemed "executive liability offences.
Section 112A: Liability of directors etc for offences by corporation—accessory to the commission of the offences:
This section extends liability to directors and managers who aid or abet the commission of an offence by the corporation.

Criminal Penalty/Offence: Yes
Responsible Manager Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Officer Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Unit Estate and Built Environment
Oversight Committee/Group None
Business Units Impacted
  • Animal Genetics and Breeding Unit
  • Australian Business Research Institute
  • Centre for Agriculture and Law
  • Estate and Built Environment
  • Heritage Futures Research Centre
  • Institute for Rural Futures
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor (Research)
  • Rural Properties
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy None
Protocol None
Procedure None
Guideline None
Other Websites
 
Return to Top Pesticides Act 1999 compliance
Description Compliance with legislation
Impacts It is an offence under the Act to:
1. use a pesticide in a manner that injures or is likely to injure another person (section 10);
2. use a pesticide in a manner that damages or is likely to damage any property of another person (section 10);
3. use a pesticide in a manner that harms any non-target animal or plant, or harms any animal or plant if there is no approved label or permit for the pesticide (section 11);
4. wilfully or negligently use a pesticide in a manner that causes material harm to threatened species or protected animals (section 9);
5. possess or use an unregistered pesticide without a permit (sections 12 and 13);
6. fail to read an approved label or permit before using a registered pesticide (section 14);
7. use a registered pesticide contrary to the approved label (section 15);
8. keep registered pesticides in a container without an approved label (section 16);
9. possess or use a restricted pesticide without being authorised by a certificate of competency or a pesticide control order (section 17).

Breach Impact Financial: Under Part 2, Division 2 of the Pesticides Act, it is an offence to use a pesticide in a way that: injures or is likely to injure another person; damages or is likely to damage another person's property; harms a plant or animal other than the target pest; harms a companion animal. The maximum penalties for these offences are: $60,000 for an individual, $120,000 for a corporation.
Major offences
Under Part 2, Division 1 of the Pesticides Act, imposes face higher penalties if you wilfully or negligently use a pesticide in a way that: injures or is likely to injure another person; damages or is likely to damage another person’s property; harms a plant or animal other than the target pest; materially harms a threatened or protected animal species. The maximum penalties for these offences are: $500,000 for an individual, $2 million for a corporation

Breach impact Non-Financial:

Executive Liability: Yes. Section 112: Liability of directors etc for offences by corporation—offences attracting executive liability. This section makes directors and other managers of a corporation liable for offences committed by the corporation if they are deemed "executive liability offences.
Section 112A: Liability of directors etc for offences by corporation—accessory to the commission of the offences:
This section extends liability to directors and managers who aid or abet the commission of an offence by the corporation.

Criminal Penalty/Offence: Yes
Responsible Manager Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Officer Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Unit Estate and Built Environment
Oversight Committee/Group None
Business Units Impacted
  • Animal Genetics and Breeding Unit
  • Australian Business Research Institute
  • Centre for Agriculture and Law
  • Estate and Built Environment
  • Heritage Futures Research Centre
  • Institute for Rural Futures
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor (Research)
  • Rural Properties
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy None
Protocol None
Procedure None
Guideline None
Other Websites
 
Return to Top Protection of the Environmental Operations Act 1997 compliance
Description Compliance with legislation
Impacts Negative impact on reputation.

Fines and penalties may apply.

Breach Impact Financial: Tier 1 Offences (Most Serious): Maximum Penalty: Up to $10 million for corporations. Examples: Major environmental harm, illegal asbestos dumping, and significant pollution incidents.
Tier 2 Offences (Serious): Maximum Penalty: Up to $4 million for corporations. Examples: Asbestos-related offences that pose a substantial risk to health and the environment.
General Offences: Maximum Penalty: Up to $2 million for corporations. Examples: Failure to comply with pollution incident response management plans or environmental audit requirements.
Continuing Offences: Additional Penalty: A further $240,000 for each day the offence continues. Examples: Ongoing illegal waste dumping or unaddressed pollution incidents.

Breach impact Non-Financial:

Executive Liability: Yes. Under the POEO Act, directors and officers of corporations can be held personally liable for environmental offences committed by their company. This liability is governed by provisions that impose both executive liability (s169A) and accessory liability (s169B).

Criminal Penalty/Offence: Yes
Responsible Manager Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Officer Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Unit Estate and Built Environment
Oversight Committee/Group None
Business Units Impacted
  • Accounting
  • Advancement, Alumni and Events
  • Animal Genetics and Breeding Unit
  • Australian Business Research Institute
  • Business Intelligence and Analytics
  • Campuses
  • Centre for Agriculture and Law
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Computational Analytics Software Infomatics
  • Corporate Communications and Events
  • CRC for Beef Genetic Technologies
  • Education Enterprise
  • Education Quality Directorate
  • English Language Centre
  • Estate and Built Environment
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Heritage Futures Research Centre
  • Institute for Rural Futures
  • Internal Audit
  • Legal Services
  • Library Services
  • Office of Strategy and Management
  • Office of the Chief Financial Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • People and Culture
  • Procurement
  • Records, Policy and Governance Unit
  • Research Services
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology
  • School of Rural Medicine
  • School of Science and Technology
  • Student Grievance Unit
  • Student Journey
  • Technology and Digital Services
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • UNE Archives & Heritage Centre
  • UNE Business School
  • UNE Council
  • UNE Foundation Limited
  • UNE Foundation Trust
  • UNE International
  • UNE Life Healthcare Centre
  • UNE Marketing
  • UNE Partnerships Pty Ltd
  • UNE Residential System
  • University Secretariat
  • Yarm Gwanga
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy Environment and Sustainability Policy
Protocol None
Procedure None
Guideline None
Other Websites
 
Return to Top Renewable Energy (Electricity) Act 2000
Description Power stations must submit an electricity generation return (EGR) by close of business on 14 February every year. If this date falls on a weekend, submit on the following business day.
Regulation 18(1)(l) of the Renewable Energy (Electricity) Regulations 2001 requires an annual electricity generation return to include the details of any breach of the conditions of a permit, or conviction for an offence, under any Commonwealth, State, Territory or local government law related to the operation of the power station during the year.Annual Return - electricity Generation
Impacts Breach Impact Financial: Under section 154B Civil penalty orders The pecuniary penalty for a contravention by a body corporate of subsection 24A(1) [Improper creation of a certificate] must not be more than the greater of: (a) 5 penalty units for each renewable energy certificate to which the contravention relates, up to a maximum of 50,000 penalty units; and (b) 500 penalty units.

Breach impact Non-Financial: Section 154R allows the Clean Energy Regulator to apply to the Federal Court for orders to enforce undertakings, including directing compliance with the undertaking, payment of financial benefits gained from the breach, compensation to affected parties, and other appropriate orders.

Executive Liability: Yes. s.154N Executive officer liability for corporate contraventions - Civil penalty up to same amount as corporation's penalty - Direct personal liability for executive officers who knew/were reckless/negligent.

Criminal Penalty/Offence: Yes
Responsible Manager Kathy Little, Operational Services Manager
Coordinating Officer Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Unit Estate and Built Environment
Oversight Committee/Group None
Business Units Impacted
  • Estate and Built Environment
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy None
Protocol None
Procedure None
Guideline None
Other Websites
 
Return to Top Training
Description Training in the use of pesticides is compulsory for people who use pesticides as part of their job or business. These pesticide users must do a short refresher course every five years.
Impacts It is an offence under the Act to:
1. use a pesticide in a manner that injures or is likely to injure another person (section 10);
2. use a pesticide in a manner that damages or is likely to damage any property of another person (section 10);
3. use a pesticide in a manner that harms any non-target animal or plant, or harms any animal or plant if there is no approved label or permit for the pesticide (section 11);
4. wilfully or negligently use a pesticide in a manner that causes material harm to threatened species or protected animals (section 9);
5. possess or use an unregistered pesticide without a permit (sections 12 and 13);
6. fail to read an approved label or permit before using a registered pesticide (section 14);
7. use a registered pesticide contrary to the approved label (section 15);
8. keep registered pesticides in a container without an approved label (section 16);
9. possess or use a restricted pesticide without being authorised by a certificate of competency or a pesticide control order (section 17).
Responsible Manager Kathy Little, Operational Services Manager
Coordinating Officer Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Unit Estate and Built Environment
Oversight Committee/Group None
Business Units Impacted
  • Animal Genetics and Breeding Unit
  • Australian Business Research Institute
  • Centre for Agriculture and Law
  • Estate and Built Environment
  • Heritage Futures Research Centre
  • Institute for Rural Futures
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor (Research)
  • Rural Properties
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy None
Protocol None
Procedure None
Guideline None
Other Websites
 
Return to Top Waste Avoidance and Resource Recovery Act 2001
Description Encourage the most efficient use of resources and to reduce environmental harm in accordance with the principles of ESD to provide for the continual reduction in waste generation.
(a) to encourage the most efficient use of resources and to reduce environmental harm in accordance with the principles of ecologically sustainable development,
(b) to ensure resource management options are considered against a hierarchy in the following order—
(i) avoidance and reduction of waste,
(ii) re-use of waste,
(iii) recycling, processing or reprocessing waste,
(iv) recovery of energy,
(v) disposal,
(c) to provide for the continual reduction in waste generation,


Impacts Breach Impact Financial: Criminal offence with financial penalty. Corporation: 4,000 penalty units for:
Section 38 - Requirement for supply arrangement with Scheme Coordinator and container approval - Supplying beverages in containers without required supply arrangement or container approval
Section 39 - Requirement for refund markings on containers - Supplying beverages in containers without refund markings
Section 44 - Offence to claim refund for containers not subject to Scheme - Presenting containers for refund when knowing they're not eligible, or issuing false invoices for refund amounts
Section 47 - False or misleading information - Providing false or misleading information in connection with Scheme claims or compliance
Section 56(2) - Regulations - Breach of regulations made under the Act

Breach impact Non-Financial:

Executive Liability: Indirect

Criminal Penalty/Offence: Yes
Responsible Manager Kathy Little, Operational Services Manager
Coordinating Officer Suzannah Mitchell, Environmental Sustainability Manager
Coordinating Unit Estate and Built Environment
Oversight Committee/Group None
Business Units Impacted
  • Estate and Built Environment
  • Office of the Chief Operating Officer
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy None
Protocol None
Procedure None
Guideline None
Other Websites