Compliance and enforcement

Enforceable undertakings

An enforceable undertaking is a constructive alternative to prosecution. It allows an alleged offender to voluntarily enter into a binding agreement to undertake tasks to settle a contravention of the law and restore the harm caused to the environment and the community.

An enforceable undertaking implements systemic change within a business or by an individual to prevent future breaches of the law.

Enforceable undertakings seek to protect the environment as well as deliver timely and cost effective responses to environmental breaches.The actions in an enforceable undertaking must deliver benefits to a business, industry sector or community that go beyond mere compliance with the law.

EPA will only accept an enforceable undertaking where:

  1. the person or company takes active responsibility for the offence and its impacts
  2. it is the most appropriate form of enforcement response and will achieve a more effective and long-term environmental outcome than prosecution.

More information about enforceable undertakings is available in EPA’s Compliance and Enforcement Policy and the Enforceable undertakings guidelines (PDF 694KB, from the Victoria Government Gazette).

Current enforceable undertakings

Company name Summary Date of undertaking
Hepburn Shire Council (PDF 1.9MB) Prosecution 12 June 2015
Goulburn Valley Regional Water (PDF 2.8MB) Prosecution 16 July 2014
SITA Australia (PDF 445KB) Prosecution 21 September 2012
Western Region Water Corporation (PDF 576KB) Prosecution 25 April 2011
Powercor Australia Ltd (PDF 853KB) Prosecution 25 April 2011
Cargill Processing Ltd (PDF 381KB) Prosecution 21 April 2011
PZ Cussons P/L (PDF 702KB) Prosecution 10 February 2011
Boskalis Australia P/L (PDF 654KB) Prosecution 22 July 2010
South East Water Limited (PDF 649KB) Prosecution 11 June 2010

Page last updated on 11 Aug 2015