Systems & Processes
Legislative non-compliance summary
AGL had one legislative non-compliance event resulting in adverse court findings in FY22. The number of environmental regulatory reportable (ERR) incidents in FY22 increased to 13 from 11 in FY21. Three of the 13 ERR events in FY22 were community complaints in relation to visible dust at Loy Yang Mine during periods of very high winds.
AGL received four official cautions for events that occurred in FY22. AGL Macquarie Pty Limited entered into an Enforceable Undertaking (EU) with the NSW Environmental Protection Authority (EPA) in FY21 for an event that occurred on 4 September 2019 (FY20), all actions associated with this EU that are AGL's responsibility have been completed in FY22.
Legislative non-compliance summary for FY21 | Number | Details |
|---|---|---|
Legislative non-compliances resulting in adverse court findings | 1 | On 28 June 2022 the Federal Court of Australia found that between 6 August 2013 and 23 December 2016 AGL HP 1 PTY LTD , AGL HP 2 PTY LTD and AGL HP 3 PTY LTD contravened cl 4.4.3 and S5.2.2 of the National Electricity Rules by operating Hallet 1, 2, 4 and 5 wind farms with protection settings that had not been approved by the network service provider or the Australian Energy Market Operator. The agreed settlement of a $3.5 million pecuniary penalty, payment of AER legal costs of $300,000 and a review of AGL’s compliance program was endorsed by the Court. |
Environmental regulatory reportable (ERR) incidents | 13 | |
Environmental penalty infringement notices (PINS) | 1 | Refer to the Environmental Regulation section of the FY22 Annual Report. |
Environmental official cautions | 4 | Refer to the Environmental Regulation section of the FY22 Annual Report. |
Notes
Environmental regulatory reportable incidents comprise incidents that trigger immediate mandatory notification provisions under legislation and/or environmental licences.
During FY22, AGL recorded a total of thirteen incidents of non-compliance associated with water quantity and/or quality permits, standards, and regulations, all of which were classified as ERR incidents.
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 FY22 Annual Report.
SASB IF-EU-140a.2; SASB IF-EU-550a.1