What Is the Duty to Notify and When Does It Apply?

In Australia, environmental laws impose a duty to notify when contamination is discovered on land or during operations. This obligation ensures regulators are informed promptly about contamination that could pose a risk to human health or the environment.

For landowners, developers, and operators, understanding when the duty applies — and how to respond — is critical. Failure to notify can lead to regulatory penalties, legal liability, and reputational damage.

Understanding the Duty to Notify

The duty to notify is a legal requirement under state and territory environmental legislation. It compels individuals and organisations to inform the relevant Environmental Protection Authority (EPA) when they become aware of contamination that:

• Presents a risk of harm to human health or the environment
• Exceeds guideline values set by the National Environment Protection Measure (NEPM) or state-specific criteria
• Has migrated off-site or may impact sensitive land uses

Notification is not optional: it is a statutory duty.

Who Must Comply with the Duty?

The duty applies broadly and can affect:

• Landowners and occupiers who become aware of contamination on their property
• Developers and consultants who identify contamination during site assessments
• Businesses and operators whose activities result in contamination or pollution incidents

Responsibility is not limited to those who caused the contamination. If you know of contamination, you may be legally obliged to notify.

When Does the Duty Apply?

The duty to notify typically arises when:

• Contamination is discovered during environmental site investigations or remediation works
• Environmental incidents occur, such as chemical spills, leaks, or unplanned discharges
• Monitoring results show concentrations above guideline values
• Migration of contaminants is identified, for example, groundwater plumes moving off-site

The threshold for notification is intentionally precautionary. If in doubt, it is generally safer to notify than to risk non-compliance.

How to Notify the Regulator

Each state EPA has its own notification procedures, but the process usually involves:

1. Immediate contact with the regulator once contamination is discovered
2. Submission of written details, including site information, the nature and extent of contamination, and initial risk assessment findings
3. Ongoing updates as further investigation and remediation are undertaken

Early engagement with regulators helps ensure transparency and may reduce enforcement risks.

Consequences of Failing to Notify

Non-compliance with the duty to notify can result in:

• Regulatory enforcement actions, including fines or prosecution
• Delays in project approvals or property transactions
• Increased liability for remediation costs
• Reputational damage with regulators, investors, and communities

By contrast, timely notification demonstrates due diligence and can support constructive regulatory engagement.

Practical Example: Redevelopment of a Brownfield Site

A developer undertaking a preliminary site investigation discovers groundwater contamination above NEPM thresholds. Even though the contamination was caused by historic operations, the developer has a duty to notify the EPA.

By promptly reporting the contamination and commissioning a detailed risk assessment, the developer ensures compliance and keeps the redevelopment project on track.

Key Insights

• The duty to notify is a statutory requirement when contamination or pollution risks are identified.
• It applies to landowners, developers, operators, and consultants — regardless of who caused the contamination.
• Notification must occur promptly once contamination is discovered or thresholds are exceeded.
• Failure to notify can result in fines, liability, and reputational harm.

Expert Support for Duty to Notify Obligations

At Nova Group Pacific, we help clients navigate duty to notify requirements across Australia. Contact us today to discuss your obligations and ensure your projects remain compliant.