LAST week, the NSW Government announced what they described as the ‘biggest boost to environmental regulation in three decades’.

Changes have been made to the Protection of the Environment Operations Act 1997 (POEO Act) and other environmental laws, to strengthen penalties and the Environment Protection Authority’s (EPA) powers to deter repeat offenders and make polluters pay.

Most NSW environmental penalties have not increased since 2005, including those for serious offences.

The Government says the current criminal investigation into asbestos-contaminated mulch, the biggest in the EPA’s history, has highlighted the need to address loopholes and enhance investigative capabilities.

The Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Bill 2024 includes a doubling of maximum penalties for Tier 1 serious offences to $10 million for companies and $2 million for individuals.

Maximum penalties for Tier 2 asbestos-related offences will also be doubled to $4 million for companies and $1 million for individuals.

On-the-spot fine amounts for certain Tier 3 offences will rise significantly to $30,000 for companies for a first offence and $45,000 for a second offence.

For individuals this will be $15,000 for a first offence and $22,500 for a second offence.

On-the-spot fines for general littering of small items will double to $160 for individuals and corporations in public places.

The Bill attempts to crack down on small-scale illegal dumping too, with maximum penalties of $50,000 for companies and $25,000 for individuals.

On-the-spot fines of $5,000 for companies and $1,000 for individuals will be issued by public land managers, including councils, NSW Police and the National Parks and Wildlife Service.

The Bill will implement a specific, higher penalty for small-scale illegal dumping on sensitive land such as childcare centres, hospitals, schools, national parks and beaches.

Maximum penalties for breaching resource recovery orders and exemptions will increase from $44,000 to $2 million, or $4 million for offences by corporations involving asbestos waste.

New product recall powers will be introduced for materials that may be contaminated with harmful substances across an entire supply chain, to quickly safeguard human health and the environment and warn the public.

A public ‘name and shame’ process will be established to issue public warnings about poor environmental performers and substandard practices.

The new law is hoped will strengthen investigation powers, introducing investigation notices, and improving and expanding clean-up notice controls.

The bill also gives the Land and Environment Court the power to ban serial and serious offenders from applying for an environment protection licence.

The NSW Government will consider further changes in response to the ongoing investigation into contaminated mulch or recommendations of the Asbestos Taskforce and Office of the Chief Scientist and Engineer.

Minister for Climate Change and the Environment Penny Sharpe said, “Today is a downpayment on our election commitment to strengthen environmental protections in NSW.

“I’m proud that we’re introducing the biggest boost to environmental regulation since the creation of the EPA in 1991.

“We need a tough environmental cop on the beat.

“Our changes will give the EPA more power to better protect our precious places and to deter environmental crime.

“The events of the past two months have shown the urgent need to reform environment protection laws and increase penalties.

“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 the community, and for those doing the wrong thing the fine will no longer just be the cost of doing business.”

Greens MP and spokesperson for the environment Sue Higginson said tougher penalties “beyond overdue”.

“We are starting from a very low bar in NSW in terms of what polluters can get away with, but the changes proposed in this new law are a modest step towards holding the worst offenders to account.

“A doubling in fines for pollution and dangerous goods offences is a good place to start and harmful use of pesticides penalties are set to increase eightfold.

“New powers for the EPA will clear the way for effective compliance action that is consistent with managing pollution and punishing perpetrators.”

While supporting the Government’s move, Ms Higginson said these changes alone will “not make these crimes unprofitable”.

“We must recognise that this cannot be the end, it must be the beginning,” Ms Higginson said.