Chapter 11: Compliance

Approximately 12 submitters commented on the issues relating to offences and penalties. However, the responses to this chapter generally contained minimal detail or reasoning behind the preferred positions.

The discussion document sought feedback on regulatory design choices that could encourage compliance with the regime and whether a balanced approach informed by the VADE model would be best suited to achieving effective compliance outcomes.

Submitters generally agreed that the proposed VADE model was appropriate and emphasised the need for combination of proactive and reactive tools. Submitters noted that trust between all parties, transparency and an incremental approach to enforcement will be important. Several submitters noted the importance of a gradual move up the penalties ladder for serious breaches.

Some submitters expressed caution around the inclusion of permit revocation as a penalty – within this group, some suggested it should not be included at all, whereas others suggested it should be used only for serious breaches as a penalty of last resort. The concern amongst submitters appeared to be that it could significantly impact investment certainty and result in projects being abandoned. Submitters noted that in most instances the preference should be to remediate breaches.