Systems & Processes

Legislative non-compliance summary

AGL saw a decrease in Environmental Regulatory Reportable (ERR) incidents during FY19.

Legislative non-compliance summary for FY19



Legislative non-compliances resulting in adverse court findings


Environmental regulatory reportable (ERR) incidents


Environmental penalty infringement notices (PINS)


On 24 January 2019, the NSW Environment Protection Authority (EPA) issued two penalty infringement notices to AGL Macquarie Pty Limited for alleged failures to comply with conditions of its environmental protection licence (EPL 779). The PINs were issued in relation to an event that was reported to the NSW EPA on 29 May 2018 regarding the overflow and discharge of diesel from a diesel day-tank at the Bayswater Power Station. These notices included two $15,000 fines.


  • Two official cautions were issued to AGL Macquarie Pty Limited for an alleged failure to comply with a condition of its of environmental protection licence (EPL 779) and an alleged pollution of waters offence. These were issued in relation to the Bayswater Power Station diesel day tank event.

  • On 16 January 2019, AGL suspended coal ash sales from the Bayswater and Liddell power stations as a precautionary measure. This step was taken after a number of test results identified elevated levels of metals including chromium and copper which could exceed limits set by the EPA in the Coal Ash Order 2014. AGL notified the EPA, SafeWork and NSW Health and the four companies in the Upper Hunter that buy and use the coal ash, predominantly in engineering applications for concrete based products. At the time, AGL sought advice from an external expert who confirmed through a comprehensive human health risk assessment that, based on AGL’s current coal ash sample test results, the use of the coal ash for all known uses does not pose a risk to human health and is not considered to be of concern to the environment. On 11 June 2019 AGLM resumed supply of fly ash from site. Resumption of cenosphere supply resumed in July 2019. AGL continues to cooperate fully with the EPA in relation to this matter.

  • As previously reported, in June 2017 the NSW EPA commenced proceedings against AGL Upstream Investments Pty Limited, alleging that AGL had contravened a condition of its environment protection licence (EPL 12003). The alleged offence relates to a flood event that occurred in early June 2016 and impacted the Camden Gas Project. As at publication of the Date Centre the proceedings are ongoing. More recently, the proceedings have been listed in the NSW Land and Environment Court for directions including requirements to file and serve expert evidence, with a notice of motion by the EPA to put on further evidence to be heard on 23 July 2019.

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