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EPA Clean-up Notices

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Summary

EPA Clean-up Notices are formal regulatory directions issued by environmental protection authorities requiring responsible parties to investigate, clean up, or manage pollution or contamination. They are legally enforceable and commonly applied to sites with environmental risks or non-compliance.

Definition

An EPA Clean-up Notice is a statutory direction issued by an environmental regulator requiring a person, organisation, or site operator to take specified actions to prevent, minimise, or remediate pollution or environmental harm. These notices outline mandatory timeframes, required works, reporting expectations, and compliance obligations.

Why It Matters

EPA Clean-up Notices are one of the strongest regulatory tools used by environmental authorities across Australia. They are issued when pollution has occurred, is likely to occur, or when contamination presents a risk to human health or the environment.

Understanding clean-up notices is essential because they:

  • are legally enforceable and carry significant penalties for non-compliance
  • may halt or delay development, construction, or operational activities
  • require detailed environmental investigations and remediation
  • trigger mandatory reporting and regulatory liaison
  • often involve long-term monitoring, containment, or risk-mitigation requirements
  • can influence land value, financing conditions, and redevelopment feasibility

Common issuing authorities include:

  • NSW Environment Protection Authority (EPA NSW)
  • Victorian Environment Protection Authority (EPA Victoria)
  • Queensland Department of Environment, Parks and Water Security (DEPW)
  • equivalent state and territory environmental regulators

Under frameworks such as the Environment Protection Act 2017 (VIC) and Protection of the Environment Operations Act 1997 (NSW), regulators have broad discretion to require assessment, remediation, risk management, and reporting when contamination or pollution is identified.

When It’s Required

EPA Clean-up Notices are issued in a range of scenarios, typically triggered when regulators identify pollution, contamination, or environmental risks. Common situations include:

Contaminated Land and Groundwater

Sites with historical contamination, chemical spills, fuel leaks, PFAS impacts, asbestos, or unexpected finds often receive clean-up notices requiring:

  • site characterisation
  • risk assessment
  • remediation works
  • groundwater monitoring
  • containment or removal of impacted soils

Pollution Incidents and Environmental Harm

Spills, illegal dumping, stormwater pollution, dust exceedances, noise/vibration breaches, or uncontrolled discharges into waterways.

Non-Compliance with Approvals or Licences

Failure to meet conditions under:

  • environmental licences
  • development consents
  • waste management requirements
  • discharge limits
  • monitoring and reporting obligations

Construction or Operational Failures

Examples include:

  • ineffective erosion and sediment controls
  • failed dewatering systems
  • dust or odour impacts
  • improper waste storage or disposal practices

Public Complaints or Investigations

EPA investigations triggered by community concerns may lead to clean-up notices where impacts are substantiated.

Clean-up notices usually remain active until the regulator signs off that all required actions are complete and verified by an appropriately qualified professional.

How We Can Help

Nova Group Pacific provides expert support to help organisations understand, comply with, and close out EPA Clean-up Notices efficiently and defensibly.

Our services include:

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