Executive summary of update

This update introduces significant amendments to the Protection of the Environment Operations Act 1997, substantially increasing the regulatory powers of the Environment Protection Authority (EPA) and elevating penalties for non-compliance. Key changes include the introduction of new enforcement tools such as Preliminary Investigation Notices and Recall Notices, allowing the EPA to act more proactively and decisively in response to environmental risks. Penalties for serious offences, particularly those involving asbestos waste and failure to report pollution, have been doubled. The concept of "executive liability" has been expanded, and new offences have been created, including for individuals who benefit from corporate environmental crimes and for the harassment of EPA officers. Furthermore, the Act now provides courts with the power to issue prohibition orders, effectively banning individuals from specific industries. These changes signal a move towards a more stringent and proactive environmental enforcement regime in New South Wales.

Impacted parties

This update significantly impacts all entities conducting scheduled activities, particularly those in waste management, chemical production, and construction, as well as their directors and senior management who now face increased personal liability.

Change Analysis

1. Expansion of EPA Enforcement Powers

The update introduces several new types of notices and orders, granting the EPA and other authorities greater power to investigate and manage environmental risks before and after they occur.

• What has changed:
  • Preliminary Investigation Notices (Part 4.1A): The EPA can now issue these notices to require a person to assist in investigating potential risks of harm or pollution incidents, including taking samples and providing reports.
  • Recall Notices (Part 4.2A): The EPA, with Ministerial approval, can now issue recall notices for substances that pose a risk to human health or the environment....