The NSW Government has introduced significant changes to environmental laws through the Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024, which commenced largely on 3 April 2024. Changes include higher penalties, stronger enforcement powers and new offences aimed at preventing pollution, littering and illegal dumping.
Key changes members should be aware of:
- Significantly higher penalties for serious environmental offences, including unlawful waste disposal, pollution incidents and asbestos-related offences. Some offences now attract penalties of up to $10 million for corporations.
- Increases or new on-the-spot fines for a range of common environmental offences including water pollution and non-compliance with clean-up notices, regardless of issued by an EPA or council. Fines reflect the potential harm of the offence incurring $30,000.00 for a first offence and $45,000.00 for a second offence.
- Introduction of a new small-scale illegal dumping offence, applying where more than 50 litres or 50 kilograms of waste is dumped in a public place or open private land.
- Higher penalties for illegal dumping in sensitive locations, such as parks, beaches, waterways, national parks, schools and hospital grounds.
- Stronger littering laws and increased penalties with a maximum penalty for corporations of $10,000.00 for small items such as a single unlit or extinguished cigarette butt.
- Expanded enforcement powers for councils and authorised officers, including the ability to direct individuals to immediately remove litter or waste.
- Enhanced clean-up notice powers, making it easier for regulators to require waste and litter to be removed and recover associated costs.
Members should review their environmental management practices, waste disposal arrangements and compliance systems to ensure they are compliant with the relevant legislation. Failures may result in significant penalties, whether you are an individual or corporation.
If you have any questions or need further guidance, please don’t hesitate to contact our Advisory team:
📞 (02) 6175 5900
📧 workplace@mba.org.au
