Assessing compliance and enforcement

Assessing compliance

Where we have agreed in writing that we will use your website or data sharing portal, we will download data as we need it. We will use it to:

  • carry out compliance assessment of your sites and activities against your permit
  • analyse
  • report

We will make reasonable allowance for your data portal being unavailable during downtime for maintenance or incidents, but otherwise expect the portal to be available at all reasonable times and expect prompt turnaround times for data requests and reports.

Enforcement

We will not take enforcement action against you for breach of a condition of your permit requiring that data to be supplied to us in a specific format or at a specific frequency if:

  • you provide your environmental data and information to us on a website or via a data sharing portal as set out in our written agreement
  • subject to routine maintenance of the system, we can access on your portal and easily download all the environmental monitoring data and information that we currently require to be reported to us under your permit
  • you provide that data to us annually in a downloadable format

If your website or data sharing portal fails to meet the criteria in the agreement we may withdraw our agreement to its use.

You must still notify us immediately of breaches of your compliance limits as set out in your permit (schedule 6 notifications).

If you do not comply with either your permit condition or the criteria set out on the agreement made with you we may take enforcement action against you for failure to comply with your permit or, if appropriate, for providing false or misleading information. In deciding whether to take enforcement action we will take account of the principles set out in our Enforcement and Sanction Statement (PDF, 82KB).  For a more detailed explanation of this enforcement position, please refer to the Public Interest Factors in our Enforcement and Sanction Guidance (PDF, 454KB).

Find more information on our enforcement webpage: