Posted on March 22, 2024 by Katie Mortimer

ALERT – Bill Increasing Penalties for POEO Act Offences & Giving Additional Powers to EPA Passed by Parliament

On 21 March 2024, the Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Bill 2024 (Bill) was passed by NSW Parliament without amendment.

The Bill is now awaiting assent and will commence on a date to be proclaimed. The Minister for Climate Change and the Environment has stated that will be in the coming days.

You can read our earlier blog that summarised key aspects of the Bill here, including:

  • the increase of maximum monetary penalties for offences against the Protection of the Environment Operations Act 1997 (POEO Act),
  • new powers for the Environment Protection Authority to issue recall notices, preliminary investigation notices and public warning statements.

The Bill will also give the Land and Environment Court a new power to issue ‘prohibition orders’, preventing a person from applying for an environmental protection licence either indefinitely or for a specified period.

Savings and Transitional Provisions 

Once the amendments in the Bill come into effect, savings and transitional provisions will operate to:

  • make the EPA’s new powers to issue recall notices, preliminary investigation notices and public warning statements apply to events that occurred before the commencement of the amendments,
  • give the Land and Environment Court power to make prohibition orders in respect of proceedings that have been commenced and not finally determined before the amendments,
  • increase the jurisdictional limit on penalties that may be imposed in the Local Court for proceedings that have been commenced but not finally determined before the amendments.

The Bill as passed is available here.

To discuss this post please contact Katie Mortimer on 8235 9716.

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