Compliance with conditions

After a development has been approved and the dairy complex or facility is operating, the consent authority will monitor the development to ensure that the approval conditions are being complied with. If the development does not comply, the person responsible for the development may be:

• counselled on the operation’s non-compliance
• issued with a direction to comply
• issued with a penalty notice and fined

• ordered to rectify or make changes to the development or the activities carried out at the premises.

The compliance authority may also bring legal action in the Land and Environment Court. The Court may order the responsible person to carry out necessary works (such as making repairs) or order that the use of the premises ceases. Similarly, other approvals and licences will be monitored by the appropriate regulatory authority (ARA) and non-compliance will be dealt with under the relevant NSW regulations (see Sections 7 and 8).