Business Intelligence
Legislative non-compliance summary
The total number of ERR incidents has reduced from 30 in FY23 to 17 in FY24.
FY23 ERRs included 17 incidents relating to Surface Water, which has decreased to four incidents in FY24.
Air related ERRs have increased from eight in FY23 to eleven in FY24. This increase is partially due to the EPA Victoria's request for AGL to separately report each loss of containment event from AGL's Victorian wind farms. Two loss of containment events were reported in FY23, and seven were reported in FY24.
Legislative non-compliance summary for FY24 | Number | Details |
|---|---|---|
Legislative non-compliances resulting in adverse court findings | 1 | Following the agreement of joint submissions and associated facts with the Australian Energy Regulator (AER), AGL Macquarie Pty Ltd and AGL Loy Yang Marketing Pty Ltd admitted contraventions of clauses 4.9.8(a) and (d) of the National Electricity Rules regarding provision of frequency control ancillary services (FCAS) at Bayswater Power Station and Loy Yang A Power Station in that those AGL entities did not comply with dispatch instructions received in periods between September 2018 and August 2020. On 30 October 2023, the agreed settlement was endorsed by the Federal Court resulting in orders for pecuniary penalties of $3.2m for Bayswater and $2.8m for Loy Yang A and a contribution towards the AER’s legal costs ($40,000 for Bayswater and $35,000 for Loy Yang A). |
Environmental regulatory reportable (ERR) incidents | 17 | The 17 ERR incidents for FY24 are attributed to the following environmental aspects, Land (2), Surface water (4) and Air/ Greenhouse Gas Emissions (11). |
Environmental penalty infringement notices (PINS) | 1 | On 26 September 2023, the EPA Victoria issued AGL Loy Yang Pty Ltd with an Improvement Notice, following an event on the 11 August 2023 when a fire service water pipeline leak below the Raw Coal Bunker resulted in water flowing into the Sheepwash Creek catchment area and discharging beyond the premises boundary. The Improvement Notice was revoked by the EPA on 20 December 2023 as compliance had been achieved. |
Environmental official cautions | 1 | On 16 May 2024, the Queensland Department of Environment and Science (DES) issued AGL Gas Storage Pty Ltd with an Environment Protection Order in relation to the relinquishment of the Environmental Authority (EA) EPSX02393214. AGL allegedly failed to surrender an EA for two previously relinquished leases (ATP471 & 709) despite continued and sustained efforts by AGL and DES to arrive at a successful resolution. DES has advised that there is no mechanism under the Environmental Protection Act (1994) to formally extend the surrender timeframe and therefore an EPO was deemed necessary. |
Environmental formal warnings | 0 |
SASB IF-EU-140a.2; SASB IF-EU-550a.1 |