What has happened?

Penalties and powers to investigate environmental crimes in NSW will be boosted by the biggest reform of environmental legislation by the NSW Parliament in decades.

Context

The Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Bill 2024 has been described by the NSW Government as ‘the largest regulation bill since the creation of the Environmental Protection Authority in 1991’. This comes amid the EPA’s ongoing probe into asbestos-contaminated mulch across Sydney, the largest probe in the agency’s history.

The Bill substantially increases penalties for environmental offences, many of which have not been raised since 2005.

• Maximum penalties have increased for serious offences:

  • to $10 million for companies and $2 million for individuals who commit a Tier 1 Offence;

  • to $2 million for companies and $500,000 for individuals who commit a Tier 2 Offence.

  • to $4 million for companies and $1 million for individuals who commit a Tier 2 asbestos-related offence.

• On the spot fines for Tier 3 offences will more than double to $30,000 for companies and $15,000 for individuals for a first offence, and $45,000 and $22,500 respectively for a second offence.

• On the spot fines for general littering in public will double to $160.

The Bill also expands the powers of the EPA and the Land and Environment Court to crack-down on environmental crimes by introducing:

• New powers for the EPA to issue preliminary investigation notices to allow early testing and sampling. Failure to comply with a preliminary investigation notice will constitute an offence.

• New powers to recall contaminated products from spreading across supply-chains.

• New powers for the EPA, Local Councils or land managers to issue verbal directions to remove waste, to tackle small scale illegal dumping.

• A public ‘name and shame’ process to warn the community about poor environmental performers and deter sub-standard practices.

• New powers to enable the Land and Environment Court to issue orders preventing serious and repeat offenders from applying for an environmental protection license.

The Bill signals a heightened focus within the NSW Government on tackling environmental crime, particularly in relation to waste-related activities.

How will this affect you?

Individuals and businesses who commit or are suspected of committing environmental crimes are put on notice about extensive investigation powers and hefty fines.

Early legal advice should be sought about your rights and obligations and dealing with a regulatory investigation.

The Bill passed Parliament on 21 March 2024 and is currently awaiting Royal Assent before coming into force.

Further information

For further information please contact Darren Bick, Director, on +61 416 167 556 or darren.bick@bicksteele.com.au.