Monitoring and enforcement

Both governments and proponents have responsibility for monitoring the impacts of building and development on the environment and heritage. You can also monitor the impacts of building and development on the environment, such as water and air quality.

Before reporting suspected breaches of environmental laws you will require evidence. It is also important to remember that the law contains certain exceptions and defences to offences. The most common defence is that a person has a permit or licence to take the action which would otherwise be an offence, such as an environment protection licence (a licence to pollute). If you are unsure about whether an action is an offence or not, call the Environment Line on 131 555.

National and State enforcement authorities can issue stop work notices in many cases where unauthorised activities are occurring that harm the environment and heritage.

• To report a suspected breach of national environmental law, visit the Australian Government’s EPBC Act website. To read more about how the environment is protected under national environmental law, see our Fact Sheet on the EPBC Act. Examples of breaches include:

• Taking an action that is likely to have a significant impact on a nationally listed threatened species, population or ecological community.

• Taking an action that is likely to have a significant impact on a nationally listed migratory species.

• Damaging critical habitat. Critical habitat is defined as habitat that is identified as being critical to the survival of a listed threatened species or listed threatened ecological community.

• Taking an action that is likely to have a significant impact on a place that is listed on the World, Commonwealth, or National heritage lists.

• Report a suspected breach of NSW environmental law, contact the Environment Line on 131 555. Examples of illegal activity include:

• Carrying out work to protect property affected by coastal erosion, unless the work is authorised.

• Damaging protected areas or damaging or removing things within protected areas without consent. See our Fact Sheet for more information about protected areas in NSW.

• Damaging the habitat of threatened species, populations or ecological communities.

• Harming native animals, including game birds. Picking or harming native plants may also be an offence. See our Fact Sheet for more information about how native plants and animals are protected in NSW.

• To report a suspected breach of NSW planning law, contact the NSW Department of Planning and Environment. To read more about how building and development is regulated, see our Fact Sheet on DAs and consents. Examples of breaches include:

• Carrying out coastal protection works without authorisation.

• Carrying out building or development work without the required approval.

• Breaching the conditions of a development consent.

• Harming or destroying Aboriginal cultural heritage without a permit.

• Removing native vegetation without the required consent.

• Causing pollution without the required licence, or polluting over the authorised level. See our Fact Sheet for more information about pollution.

• Contact your local council to report a suspected breach of a development consent. Examples of breaches include:

• Carrying out building or development work without the required approval.

• Breaching the conditions of a development consent.

• Removing native vegetation without the required consent.

• Report killing or injury of, interference to whales, dolphins or porpoises (cetaceans) to the Australian Environment Department. It is an offence to carry out these acts within the Australian Whale Sanctuary, which includes all Commonwealth waters out to the EEZ boundary.

• Report illegal fishing activities to the NSW Department of Primary Industries. You can also contact your local Fisheries Office. Illegal fishing activities include:

• Damaging fish habitats, such as saltmarsh, mangroves, and marine vegetation.

• Harming threatened aquatic species without the required licence. The register of licences to harm threatened aquatic species is located at the Fisheries Ecosystems Unit of the Department of Primary Industries.

• Illegally taking certain species, such as abalone and rock lobster.

• Taking or possessing fish that are too small or too large.

• Taking or possessing more than the permitted number or volume.

• Possessing unlawful fishing gear, such as spear guns in prohibited areas.

• Fishing or diving in grey nurse shark critical habitat.

• Fishing without the required recreational or commercial fishing licence.

• Report harm of a protected area to the Australian Environment Department. There are six Commonwealth reserves in Australia, including marine areas in Pulu Keeling National Park and freshwater habitat in Booderee National Park. Examples of illegal activity include:

• Killing or injuring a native species in a Commonwealth reserve without authorisation.

• Report harm of a nationally protected species to the Australian Environment Department. Examples of illegal activity include:

• Taking an action that will have a significant impact on a nationally listed threatened species, population or ecological community.

• Taking an action that will have a significant impact on a nationally listed migratory species.

• Damaging critical habitat. Critical habitat is identified as being critical to the survival of a listed threatened species or listed threatened ecological community. There are currently 5 critical habitats on the national list.

• Report harm of a State protected species to the Environment Line 131 555. Examples of illegal activity include:

• Damaging critical habitat. The Office of Environment and Heritage is responsible for the listing of critical habitat. There are currently 4 critical habitats on the NSW list.

• Report land-based pollution to the Environment Line 131 555.

• Report sea-based pollution to NSW Maritime, including for one of the following offences in NSW coastal waters (up to three nautical miles from the shore):

• Discharging of oil or oily mixtures, garbage and sewage from ships.

• Illegal dumping.

• Report pollution from ships to the Australian Maritime Safety Authority, including for one of the following offences in waters further than 3 nautical miles from the NSW coast:

• Discharging oil or oily mixtures, noxious or harmful substances, untreated sewage, or garbage into the sea.

• Dumping of waste without a permit.

Under certain environmental laws, any person has the right to bring proceedings in a Court to remedy or restrain a breach. For breaches of national environmental law, this is the Federal Court. In NSW, it is mainly to the Land and Environment Court. See How can I have my say? for more information. You should contact the EDO NSW Environmental Law Line to request some initial legal advice if you would like to take this step.