Systems & Processes
Legislative non-compliance summary
The number of environmental regulatory reportable incidents in FY21 increased from nine to eleven in FY21. AGL Energy received two official cautions and two penalty infringement notices (PINs) for events that occurred in FY21. AGL Energy entered into an Enforceable Undertaking on 2 September 2020 with the NSW EPA in relation to an event that occurred on 4 September 2019.
Legislative non-compliance summary for FY21
Legislative non-compliances resulting in adverse court findings
On 11 November 2019, the Australian Energy Regulator (AER) commenced proceedings against AGL Energy retail entities AGL Sales Pty Ltd, AGL Retail Energy Limited, AGL South Australia Pty Ltd and Powerdirect Pty Ltd alleging that those entities had ‘failed to submit to the AER, in the manner and form (including by the date or dates) required by the AER (Retail Law) Performance Reporting Procedures and Guideline (the Guidelines), information and data’ in contravention of section 282(1) of the National Energy Retail Law (NERL).
Environmental regulatory reportable (ERR) incidents
Environmental penalty infringement notices (PINS)
1. On 26 March 2021, the NSW Environment Protection Authority (NSW EPA) issued a penalty infringement notice to AGL Macquarie Pty Ltd (AGLM) for an alleged failure to comply with a licence condition between 31 August to 1 September 2020, which requires AGLM to not exceed its prescribed solid particles concentration limits at Liddell Power Station provided under AGLM's environment protection licence.
Environmental regulatory reportable incidents comprise incidents that trigger immediate mandatory notification provisions under legislation and/or environmental licences.
During FY21, AGL recorded a total of twenty-one incidents of alleged non-compliance associated with water quantity and/or quality permits, standards, and regulations, of which eleven 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 FY21 Annual Report.
SASB IF-EU-140a.2; SASB IF-EU-550a.1