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Legislative non-compliance summary

In FY23 there was a change to the Environmental Regulatory Reportable (ERR) incidents definition resulting in an increase of the number of ERR events from FY22. From FY23, an Environmental Regulatory Reportable Incident is any Event that meets the notification criteria of a Regulatory Authority and may include: An Event that caused actual or potential material or serious environmental harm; a breach of an environmental licence condition that is not an administrative non-compliance; and monitoring unable to be completed due to availability of plant or specialist.

Further details relating to the PINs, Enforceable Undertaking, as well as other Environmental Protection Authority matters, are included in the 'Environmental regulation' section of the FY23 Annual Report.

Legislative non-compliance summary for FY23

Number

Details

Legislative non-compliances resulting in adverse court findings

1

On 17 December 2020, the unit 3 generator transformer at Liddell Power Station failed resulting in an AGL employee being injured. On 2 May 2023, the NSW District Court recorded a conviction against AGL Macquarie Pty Ltd (AGLM), and imposed a fine of $450,000 for an offence under section 32 of the Work Health and Safety Act 2011. AGLM also agreed to pay SafeWork NSW's costs of approximately $40,000.

Environmental regulatory reportable (ERR) incidents

30
(plus 4 administrative non-compliances)

Environmental penalty infringement notices (PINS)

2

Refer to Environmental Regulation Section

Environmental official cautions

1

Refer to Environmental Regulation Section

Environmental formal warnings

3

Refer to Environmental Regulation Section

SASB IF-EU-140a.2; SASB IF-EU-550a.1

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