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Compliance

The Coordinator-General can impose conditions of approval on projects to ensure their impacts are properly managed.

These 'imposed conditions' are documented in the Coordinator-General's:

  • report on the environmental impact statement for a 'significant project'
  • change report for a significant project (if applicable)
  • material change of use approval for a project in a state development area.

Under the State Development and Public Works Organisation Act 1971, any conditions or recommendations imposed by the Coordinator-General are legally enforceable.

They apply to anyone who undertakes the project, including the project proponent and the proponent's agents, contractors, subcontractors or licensees.

The Coordinator-General may also state conditions that must be attached to future approvals, such as an environmental authority or a mining or petroleum lease.

Compliance with these 'stated conditions' is monitored and enforced by the relevant administering authority.

Administering authorities

The Coordinator-General may nominate an administering authority to have jurisdiction of an imposed condition, such as the Department of Environment and Heritage Protection.

Compliance with the imposed condition is monitored by the administering authority, however the Coordinator-General remains responsible for the auditing and enforcement of the condition.

Compliance unit

On behalf of the Coordinator-General, the department's compliance unit:

  • monitors and enforces project proponents' compliance with all imposed conditions of approval
  • works collaboratively with administering authorities
  • reviews and provides advice to the Coordinator-General on third-party audit reports
  • ensures non-compliance is addressed appropriately
  • advises the Coordinator-General on the conditioning of approvals, to ensure the conditions are effective and enforceable.

Strategic compliance plan

The department's strategic compliance plan (PDF icon 386 KB) outlines its approach to monitoring and enforcing compliance with the conditions of approval.

Compliance measures

The department uses a range of compliance measures to ensure project proponents comply with the Coordinator-General's imposed conditions of approval for a project.

Non-compliance with imposed conditions is addressed through:

  • education, and/or
  • remediation, and/or
  • enforcement actions.

Third-party audits

Project proponents are required to engage an independent and suitably qualified person/s to conduct a third-party audit of compliance with imposed conditions. The audit reports must be submitted to the Coordinator-General for review.

The frequency of project auditing varies, but they are generally conducted every six to 12 months during the conditioned audit period. The audit period can be for the life of the project.

Audit guidelines

The department's audit guidelines (PDF icon 149 KB) are intended to help project proponents and their contractors meet the Coordinator-General's auditing requirements.

The guidelines broadly explain how to:

  • engage an auditor
  • carry out an audit
  • format an audit report.

Audit report

The audit report certifies the status of all imposed conditions. The report must include:

  • findings of the audit
  • any breaches of imposed conditions
  • any corrective actions taken or revised practices to be implemented.

The compliance unit reviews the report and recommends to the Coordinator-General any further action that may be required.