Issued: 2 June 2025
5 mins read
We are Queensland’s environmental regulator. Our Case studies take you on a deep dive into our work. They explore our role and responsibilities, how our assessment, compliance and investigations unfold to protect our environment and communities, and how legislation, evidence, science and expertise informs our work.
What happens when an industry or operator does the wrong thing and causes environmental harm?
In some cases, the consequences might involve a fine, court proceedings, operational restrictions , or they may be required to repair the environmental damage they caused. When environmental harm happens, we work towards meaningful and sustainable environmental outcomes which balance legal obligations, industry impacts, and community expectations. We consider which of our regulatory actions will have the best environmental protection and community benefit outcomes. We do this in accordance with our Enforcement Guidelines. In this case study, we take a closer look at one of the enforcement actions we use to restore a damaged environment – an enforceable undertaking (or EU).
How do we hold polluters to account?
As Queensland’s environmental regulator, we have several tools to help us enforce the law and hold polluters accountable for their actions. When an operator causes unlawful harm to the environment, whether intentionally or not, we act in the best interests of the environment and community to deliver consequences that are fair and proportionate to the impact.
Sometimes, it can be a tricky balance to strike. It is often challenging to negotiate solutions or outcomes when the damage is already done.
That’s where an EU may be considered.
What exactly is an EU?
Key takeaways
- An EU generally sets out actions that must be carried out to remedy environmental harm, prevent further occurrences and address non-compliance issues.
- We use EUs to secure compliance with the Environmental Protection Act 1994 (the Act) and to enhance the protection of the environment.
- All EUs issued in Queensland are published on our Public Register Portal.
An EU is a voluntary and binding agreement between us, as Queensland’s environmental regulator, and a company (or person) that is alleged to have breached the Act.
It is usually entered into as an alternative to prosecution in court, which can be a very costly and time-consuming path to go down.
An EU sets out actions that must be carried out to remedy environmental harm, prevent further occurrences and address non-compliance issues to secure compliance with the Act and enhance the protection of the environment.
Put simply, if an operator does the wrong thing and causes harm to the environment, they may avoid a prosecution by agreeing to commit to actions that deliver enhanced benefits to the community or the local environment. These actions can be carried out on-site and also at other locations nearby.
The goal of an EU is to ensure money is spent enhancing the local environment and supporting the local community, rather than being diverted into the costs of court proceedings and paying a fine.
EUs provide a direct and tangible benefit to the community or environment, in lieu of a consequence like a fine that does not directly benefit the local community. We work to ensure EUs meet community expectations and are proportionate to a fine that may be handed down by a court.
An EU is not always appropriate though and cannot be accepted in circumstances where legal proceedings would likely better achieve the objects of the Act or if the harm was caused wilfully.
All EUs issued in Queensland are published on our Public Register Portal.
A million dollar EU delivering land rehabilitation
Key takeaways
- When environmental harm is identified, we investigate and use evidence to determine the best course of action.
- If the matter goes to court, this process can be lengthy and expensive for the government to pursue, with no guaranteed environmental outcome for community.
- A recent million dollar enforceable undertaking required the operator of a quarry to undertake significant environmental rehabilitation and restoration works to repair damage on site and at nearby locations.
Let’s take a closer look at an EU in action.
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Aerial image of the significant cracking in the quarry high wall (2019)
Neilsens Quality Gravels is the holder of an environmental authority issued in relation to extractive and screening activities undertaken at its quarry based near Beaudesert in south-east Queensland.
In 2019, a blast was carried out in the West Pit at the quarry. The next morning, cracking was observed at the top of the southern highwall of the Pit and the crack in the earth extended into the neighbouring land.
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Neighbouring grazing land above quarry wall impacted by significant subsidence (2019)
Subsequently, there was a highwall failure in the southern highwall which had undergone a progressive relaxation resulting in the failure (the incident). This resulted in a significant area of impact on freehold land and the road reserve. The impact spanned approximately 310m in length, approximately 67m in width at its widest point and resulted in a change in ground level of up to 10m.
As the environmental regulator, we alleged that the incident resulted in serious environmental harm which was unlawfully caused by Neilsens.
We investigated the case, and instead of a lengthy court process the matter was settled with an EU that required Neilsen’s to deliver several outcomes for the environment and the local community.
Neilsens had already spent in excess of $1.2 million on stabilisation and rehabilitation works before entering into the EU. The EU first delivered $300,000, including funds to be used towards rehabilitation works on the Logan-Albert River catchment areas to benefit the broader community and environment.
Secondly, Neilsens undertook to spend a minimum of $1.5 million on rehabilitation of Site affected by the incident.
We’re currently working with stakeholders who will use the $300,000 to restore Il-Bogan Park which includes a highly degraded area of the Logan River. The project will include on-ground work such as riparian revegetation which will improve critical vegetation connectivity, restore slumped stream banks and reduce sediment in the catchment, and improve water quality for the area. The project will also provide access to the river for the local community.
The million-dollar EU will see a portion of the money remain within the community and directly support impacted landholders to deliver local outcomes, rather than go towards the company paying a fine.
While an EU may not be able to undo all the damage from environmental non-compliance, it offers a financial and reputational consequence for polluters. Importantly, it allows them to focus on positive environmental outcomes for community, restore impacts, and deliver tailored actions to address specific ecological impacts to the environment.
The Neilsens EU has set a strong precedent and standard for companies and reinforces our strong regulatory focus of holding operators accountable for cases of unlawful environmental harm and ensuring appropriate rehabilitation is achieved.
What happens next?
The Neilsen’s EU was accepted in 2023, but we continue to monitor the company’s compliance with its conditions. Neilsen’s has paid the money for rehabilitation works on the Logan-Albert River catchment areas to the department which will be used for an on-ground restoration project within the local area. The department continues to negotiate this with the key stakeholders including Scenic Rim Regional Council and First Nations people of the area.
We also monitor the milestones of the EU and check compliance with them as necessary.
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