In brief - Government tackles environmental crime with increase
in scale of on-the-spot fines
NSW Environment Protection Authority (EPA) penalty notice
amounts have increased tenfold to $7,500 for individuals and
$15,000 for corporations, signalling the state government's
determination to tackle environmental crime.
Changes particularly affect waste industry, manufacturers and
holders of Environment Protection Licence (EPL)
All Environment Protection Licence (EPL) holders and persons in
the waste industry, in manufacturing and other industries should
particularly take note of the changes.
Increase in penalties for a range of environmental
NSW EPA Penalty Notice amounts have been increased tenfold to
$7,500 for individuals and $15,000 for corporations (up from $750
for individuals and $1,500 for corporations) for the following
offences under the Protection of the Environment Operations Act 1997 NSW
Occupiers of premises who carry out scheduled
premises-based activities without an EPL.
Persons who carry out scheduled non-premises based
activities without an EPL.
EPL holders who contravene EPL conditions
(except by failing to submit annual returns, which attracts a lower
Persons served with clean up notices who do
not comply without a reasonable excuse, or persons who do not
comply with prevention notices.
Persons who pollute waters or land.
Occupiers who emit air impurities in excess of
Persons who transport asbestos waste or hazardous waste
or any other waste greater than one cubic metre in volume
or two tonnes in weight, to a place that cannot be used as a waste
Owners or occupiers who use or cause or permit a place to be
used as a waste facility without lawful
Increase in scale of NSW Local Council Penalty Notice
NSW Local Council Penalty Notice amounts are now $4,000 for
individuals and $8,000 for corporations for the above offences.
Additionally, for the remaining 19 serious types of
environmental offences under the POEO Act, NSW EPA Penalty Notice
amounts are now $4,000 for individuals and $8,000 for corporations;
Council Penalty Notice amounts are now $2,000 for individuals and
$4,000 for corporations.
Expected increase in court appeals of penalty notices
As a result of the above, we expect to see an increase in
appeals of penalty notices to the courts. If you are issued with a
penalty notice or require further advice in relation to the above,
please do not hesitate to contact us.
This legal update is an overview of existing eligible project activities and new project types proposed to be developed.
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