Heftier fines for environmental offences
The most serious environmental offenders in New South Wales now face on the spot fines of up to $15,000, a significant increase from the pre-existing maximum of $1,500.
In response to contraventions of the 10 most serious environmental offences, the Environment Protection Authority is now able to issue a $15,000 penalty notice to a corporation, and a $7,500 penalty notice to individuals. Local councils are also be able to impose heftier fines, being a maximum of $8,000 for corporations and $4,000 for individuals.
The most serious environmental offences under the Protection of the Environment Operations Act 1997 include:
- • failure to hold a licence for premises-based scheduled activities (s 48)
- • failure to hold a licence for non-premises based scheduled activities (s 49)
- • failure to comply with a condition under s 64 (except for the requirement to submit an annual return)
- • failure to comply with clean-up notices (s 91)
- • failure to comply with prevention notices (s 97)
- • pollution of waters (s 120)
- • exceeding the standards of air impurities (s 128)
- • pollution of land (s 142A)
- • unlawful transporting or depositing of asbestos or hazardous waste (s 143), and
- • using land as a waste facility without lawful authority (s 144).
Nineteen other serious environmental offences can result in an $8,000 on the spot fine for a corporation and $4,000 for an individual.
Further details are available here.
“This article originally appeared on CCH Australia and is reproduced with permission”
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