Workplace Environmental Assessments

The changes made by the Amendment Act include amending the Protection of the Environment Operations Act 1997 (POEO Act) to strengthen the EPA’s powers and protections for the environment.

These amendments result in NSW now having the strongest environmental laws in Australia and the EPA having more powers to investigate environmental crime with significant new penalties where an individual or corporation harms the environment. Some of these amendments also apply retrospectively. Therefore, you should be aware of your environmental law obligations and have appropriate environmental management systems in place to ensure ongoing compliance with environmental legislation such as the POEO Act.

Significant increases to penalties:

• Maximum penalties for offences under the POEO Act have been doubled, with Tier 1 offences for a company increased to $10 million (if committed wilfully) and $4 million (if committed negligently); and for an individual increased to $2 million together with up to 7 years’ imprisonment (if committed wilfully) and $500,000 with up to 4 years’ imprisonment (if committed negligently).
• Maximum penalties for asbestos waste offences have increased for a company to $4 million and, for a continuing offence, a further penalty of $240,000 for each day the offence continues; and for an individual $1 million and, for a continuing offence, a further penalty of $120,000 for each day the offence continues.
• Maximum penalties that may be imposed for proceedings brought in the Local Court have also been doubled to $220,000.

New powers for EPA to issue Preliminary Investigation Notices Include:

• A Preliminary Investigation Notice issued by the EPA may require the person to whom it is issued to assist the EPA to investigate whether the relevant circumstances exist, and if the relevant circumstances exist—determine the nature and extent of the relevant circumstances, including the nature and extent of any harm or risk of harm to human health or the environment arising from the relevant circumstances. This could include requiring the person to collect samples of a substance and have the samples tested and analysed; provide a report about the testing or analysis to the EPA, and preserve or prevent the disturbance of a specified substance or location at the premises for a period of time specified in the preliminary investigation notice.
• The EPA may issue a Preliminary Investigation Notice if it reasonably suspects “relevant circumstances” may exist or have existed at premises.  This includes circumstances that may pose a potential risk of harm to human health or the environment from a substance, or the deposit of waste or substances suspected of being waste, or a pollution incident.
• Maximum penalties for failing to comply with a Preliminary Investigation Notice for a company is $2 million and, for a continuing offence, a further penalty of $240,000 for each day the offence continues; and for an individual $500,000 and, for a continuing offence, a further penalty of $120,000 for each day the offence continues.