Compliance

The Department of the Environment, Tourism, Science and Innovation (the department) works with agricultural producers and industry to protect the Great Barrier Reef through the Reef protection regulations. These regulations include Agricultural Environmentally Relevant Activity (ERA) standards for sugarcane cultivation, banana cultivation, and beef cattle grazing, often referred to as ‘minimum practice standards’. As well as permitting requirements for ERA 13a new or expanded cropping. These requirements are foundational elements of the departments’ Reef 2050 Long-term Sustainability Plan, ensuring sustainable farming practices to safeguard water quality and the Reef’s long-term health.

The department’s approach focuses on collaboration with producers and advisors to provide clear information on regulatory requirements, support compliance, and assess whether environmental obligations are being met.

Risk-based compliance

The department engages a risk-based approach to prioritise compliance inspections as it relates to Agricultural activities subject to Environmentally Relevant Activity (ERA) standards for sugarcane cultivation, banana cultivation, and beef cattle grazing, ensuring resources are focused where they can have the greatest impact on protecting the Great Barrier Reef.

This approach considers a range of factors, including:

• Catchment/river basin Management priority and water quality targets identified in the Reef 2050 Catchment Water Quality Strategy
• The environmental risks posed by agricultural activities in specific catchment/river basins.
• Historical compliance data and previous inspection outcomes.
• Producers identified as operating under a recognised accreditation program, such as Smartcane BMP or Freshcare Environmental Reef Assured, and listed on a register.
• Producers actively engaged in an acknowledged practice change projects.

By assessing these factors, the department can prioritise properties that may be more likely to contribute to water quality challenges in the Reef catchment. This ensures that compliance efforts are focused on high-priority areas where improvements in agricultural practices can have the most significant benefits for Reef health.

Who are Agricultural Officers?

An Agricultural Officer is an authorised government employee who conducts Reef compliance visits, assessments and investigations to ensure compliance with Queensland’s environmental laws.

Agricultural Officers can be identified by their authorised officer card or can produce it upon request to confirm they are authorised by the Queensland Government to undertake compliance visits on a property.

An Agricultural Officer is an Authorised Person under the Environmental Protection Act 1994 and has powers to:

• enter and inspect a commercial agricultural property in the Reef catchments areas
• take photos and ask the producer for records
• ask for all relevant information related to the Reef protection regulations
• collect samples including soil or water samples
• take any equipment or person needed onto the property to conduct the inspection.

Agricultural Officers can legally request and take copies of farm records as part of the compliance visit. They take their information security and privacy obligations very seriously and will only review those records required under the Reef regulations.

How the compliance process works

The department conducts planned inspections to monitor and ensure compliance with the Agricultural ERA standards and Environmental Authorities authorising ERA 13A for new or expanded cropping. Inspections are also carried out in response to concerns about potential environmental harm or nuisance relating to agricultural land.

Before an inspection:

• Where land is used, or likely used, for beef cattle grazing, or growing sugarcane or bananas, Agricultural Officers contact landowners in writing to arrange a mutually suitable time for the inspection.
• Landowners are encouraged to notify the department if they are part of an accredited program, the property is leased, farmed by another producer, or used for other purposes.

What happens during a compliance inspection?

Compliance inspections are designed to support producers in achieving and maintaining compliance. Inspections help to building an understanding of producer obligations under the Agricultural ERA standards or Environmental Authority and identify areas where action is required to meet these obligations.

Steps Involved in a compliance inspection:

1. Prior to an inspection, officers will notify landholders and then discuss the inspection with producers and confirm arrangements, including farm hygiene or biosecurity protocols.
2. Officers may request farm records required under the Agricultural ERA standard or Environmental Authority before or during the inspection.
3. During the inspection officers will review records, discuss farm practices such as fertiliser application, and erosion and sediment control measures or land condition management, and may physically inspect properties. Photos may be taken during an inspection.
4. Officers will discuss the outcome at the end of the inspection and outline any action required to meet legislative obligations. A letter will be sent subsequently outlining the discussion and any action required.

Action and support

If obligations under the Agricultural ERA standard or Environmental Authority are not being met, the department will work with producers to identify required action and negotiate reasonable timeframes for implementation. The department will work closely with producer and industry bodies (where applicable) to address the agreed actions as quickly as possible.

Enforcement for ongoing or serious non-compliance

Where a producer is unwilling to act or fails to implement the agreed action, the department has a responsibility to take corrective or escalated enforcement action. This may include issuing an Environmental Enforcement Order to require compliance with the Agricultural ERA standards.

In cases of repeated contraventions or where non-compliance poses a serious environmental risk, the department may apply stronger enforcement action. These may include other statutory notices, or penalty infringement notices (fines). For the most significant  non-compliances, prosecution may be pursued in court.

Compliance data insights

The Compliance Data Insights page provides open access to key program data. Visit the Compliance data insights page to learn more about the program and its progress. For additional support and information, contact the department at ESReef@detsi.qld.gov.au.