- 02 4268 8781
Recent changes to The Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024, came into effect on April 3 and can effect you.
These significant updates have been designed to enhance the powers of the Environmental Protection Authority (EPA) and enforce stricter penalties for environmental offences.
The Minister for Climate Change and Environment, Penny Sharpe quoted the below in introducing the amendments.
“…These sweeping reforms will directly improve the protection of human health, the environment and the community. Penalties are being ramped up to reflect the risk of harm and disruption to the environment and community, and for those doing the wrong thing the fine will no longer just be the cost of doing business.”
Key changes include a substantial increase in maximum penalties. For the most serious offences (Tier 1), fines have doubled to $10 million for corporations and $2 million for individuals. Asbestos-related violations (Tier 2) now carry penalties up to $4 million for companies, reflecting the heightened concern around asbestos pollution. The Act also raised fines for minor infractions (Tier 3) and this is where we are seeing the greatest impacts.
Tier 3 on the spot fines include:
On the spot fines for the offence of ‘pollute waters’ or ‘pollute land’ under the Protection of the Environment Operations Act 1997 have increased from $4,000 to $15,000 for an individual and $8,000 to $30,000 for an organisation (first offence) or for a second offence $30,000 for an individual and $45,000 for an organisation.
Similarly, failing to comply with a Clean Up Direction Notice or Prevention Notice issued following a pollution incident or a where a pollution incident may occur, will now attract an on the spot fine of $15,000 for an individual $30,000 for an organisation. There have also been changes to the penalties associated with asbestos and illegal dumping related offences.
Fines issued under the Environmental Planning and Assessment Act 1979 for non-compliance with any development consent (including Complying Development Certificates) remain unchanged in the order of $1,500-$3,000 for an individual and $3,000-$6,000 for a corporation.
These sweeping changes collectively aim to deter environmental misconduct, enhance public health protections, and support more effective regulatory action across NSW.
