There’s Something to Be Said About Proactive Enforcement

A Call for Collaboration in Construction and Environmental Compliance

By Lorraine Dunmall

When I started working with earthworks contractors and construction crews in Australia, I quickly realised something that surprised me.  Not everyone thinks the environment is their problem. Or more accurately, they assume that if the regulator isn’t watching, it doesn’t matter.

But here’s the thing: when environmental management is done right, it saves money, avoids delays, builds trust, and yes, even wins projects. And it all starts with collaboration.

This isn’t a pitch. It’s a call for a mindset shift across the industry. I’ve spent years sitting in site sheds, walking dusty access tracks, and chatting with machine operators and site supervisors who genuinely want to do the right thing. Many just don’t know how, or don’t feel like they’ve got the support to do it properly.

That’s where proactive enforcement comes in and why it’s time we stopped seeing the regulator as someone holding a big stick and started seeing them as a partner in the project.

We All Want the Same Thing (Don’t We?)

Everyone in the construction game, contractors, consultants, regulators, and clients, ultimately want the same outcome: projects that run smoothly, protect the environment, and get over the line without last-minute panic or costly delays.

So why does it so often feel like we’re working against each other?

When I speak to companies in the earthworks space, I hear the same things:

• “We’d do more if we knew what was actually expected.”
• “It’s only a problem if the regulator turns up.”
• “Why bother spending money when we’re not going to get pulled up for it?”

There’s a sense of disconnect between what’s legally required, what’s practically possible, and what’s actually happening. And the truth is, a lot of that comes from a lack of early engagement on all sides.

The Reality on Site

Let me paint a picture. You’ve got a contractor who’s pricing competitively, juggling multiple projects, trying to keep a dozen stakeholders happy and now they’ve got to “comply with environmental legislation” as well.

They might not have a dedicated environmental team. They might not even know what “general environmental duty” means in a regulatory sense. They’ve probably heard about it in toolbox talks or vaguely seen it in project specs but translating that into action on site? That’s a big ask without guidance.

And if there’s no one asking the hard questions at tender stage, or checking compliance throughout the build, it’s easy for environmental risks to get buried under more urgent concerns.

This isn’t about blame. It’s about recognising that doing the right thing often feels like an optional extra, until something goes wrong.

Self-Regulation Sounds Great—Until It Doesn’t Work

The system we have relies heavily on companies doing the right thing without needing to be told. In theory, that’s a good thing. But in practice? Not always.

Especially outside of metro areas, I’ve seen projects where erosion controls are a second thought, sediment basins are too small (or missing entirely), and no one is monitoring waste or water discharge properly. When you ask why, the answer is usually some version of: “We didn’t think it mattered.”

But of course it matters!

Environmental compliance isn’t just about ticking a box for the regulator. It’s about protecting local ecosystems, avoiding community complaints, and making sure the work you do today doesn’t come back to bite you tomorrow.

Here’s the Good News: It Doesn’t Have to Be Hard

When clients build environmental monitoring and reporting into contracts from the beginning, everything shifts. I’ve seen it time and again.

Suddenly, contractors understand the expectations. There’s a standard to meet. There’s support available. And the cost? It’s minimal when planned from the start, far less than the cost of rework, regulatory fines, or stop-work notices.

And here’s the kicker: companies that do this well build a reputation. They become known for being professional, reliable, and forward-thinking. That kind of reputation travels fast in this industry and it’s the kind of thing that helps win tenders.

The Regulator Isn’t the Enemy

One of the biggest shifts I’d love to see in this industry is the way we think about regulators.

They’re not lurking in the bushes waiting to pounce. They’re not here to ruin your day. In my experience, most regulators want the same thing we do: to see better environmental outcomes, fewer problems, and more confident, informed operators.

Wouldn’t it be better if we engaged with them early—before something goes wrong?

There’s something incredibly powerful about building relationships with the people who enforce the rules. Not only does it open lines of communication, but it builds a culture of learning, not punishment.

Imagine if, instead of fearing an audit, contractors felt confident picking up the phone and asking for advice. Imagine if regulators were seen as part of the team not a threat.

So Where Do Environmental Consultants Fit?

Right in the middle.

I see my role as a translator, someone who understands the legislation and how it applies on site but also understands the real-world pressures of running a job.

I’m not there to slap people on the wrist. I’m there to make it easier to meet your obligations, avoid nasty surprises, and keep the project moving forward without unnecessary drama.

The best outcomes I’ve seen have come from projects where:

• Environmental considerations were part of the prestart conversation.
• The regulator knew what was happening and had no surprises.
• Contractors felt supported and knew they had someone to call if they weren’t sure.
• Everyone understood that protecting the environment wasn’t a burden, it was part of doing the job well.

A Note to Clients: You Set the Tone

If you’re a client reading this, especially in government or infrastructure, you have more power than you realise.

When you make environmental compliance a contractual requirement, the entire supply chain lifts its game.

When you engage consultants early, you reduce the risk of budget blowouts and timeline delays caused by unexpected environmental issues.

When you reward proactive behaviour, you foster a culture of trust and quality.

In short: the standard you walk past is the standard you accept. If you want better environmental outcomes on your projects, start by asking better questions from day one.

Let’s Stop Waiting for the Big Stick

We don’t need to wait for the regulator to show up. We don’t need a fine or an investigation to take action.

We can choose to operate differently—right now.

• Choose to ask questions.
• Choose to bring in the right advice early.
• Choose to engage with regulators proactively.
• Choose to make environmental compliance a mark of professionalism, not punishment.

Final Thoughts: Let’s Work Together

Environmental compliance isn’t going away. If anything, it’s only becoming more important as public expectations, climate risk, and biodiversity pressures grow.

But this doesn’t have to be scary, expensive, or hard. It can be collaborative, proactive, and even rewarding, if we approach it the right way.

So, here’s my challenge to the industry:

• Let’s stop seeing each other as obstacles and start being a team.
• Let’s turn the regulator from the enforcer into an ally.
• Let’s build a construction culture that values environmental performance as much as project delivery.

Because when we do, we all win.

About the Author
Lorraine Dunmall is an environmental consultant who helps civil and construction companies meet their regulatory obligations without the overwhelm. With years of experience on the ground across New Zealand and Australia, she works with businesses and regulators to build practical, no-nonsense solutions that protect both the project and the environment.