NSW Higher Penalties for Pollution and Pesticide Misuse

Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Bill 2024

Legislative Assembly

Legislative Council

Assent

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Effects of this bill

If this bill passes, it means that:

Fines go up for people who wilfully or negligently use pesticides to cause injury or damage
Corporations face a $4 million maximum penalty for polluting land; this rises by $50,000 if asbestos waste is involved
Penalty notice amounts increase for various environmental offences; second or subsequent offences under section 124 now cost $45,000
The Authority can issue preliminary investigation notices to people or companies if it suspects a risk to human health or the environment
Authorised officers can direct a person to remove waste they deposited in a public place
The Authority can now use analyst certificates and approved photographs as evidence in court
The Authority can exempt people from specific parts of the Protection of the Environment Operations Act
The Authority has new factors to consider when deciding if a person is fit and proper to hold a licence

The Debate

What different members said when this bill was debated:

Natalie Ward LIB

“I lead for the Opposition in debate on the Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Bill 2024. I acknowledge and thank the Minister for introducing the bill, which the Coalition is proud to contribute to. I welcome her foreshadowing introducing further legislation in this space.”

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Sue Higginson GRN

“On behalf of The Greens, I indicate our strong support for the Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Bill 2024. I have wanted to read a title just like that my entire working life.”

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Chris Rath LIB

“I was not intending to speak in debate on the Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Bill 2024, but I have been called upon by the Hon. Natalie Ward. It is important to remember that the NSW Environment Protection Authority [EPA] was established by a Liberal government, the Greiner‑Fahey Government, in 1991.”

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Bob Nanva ALP

“I am pleased to speak in support of the Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Bill 2024. We have heard how increased penalties form a crucial centrepiece of the bill; however, it does more to crack down on environmental offenders and protect the public.”

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Penny Sharpe ALP

“It is a really good day when across the Parliament there is support for stronger regulation and protection of our environment. I thank all members who contributed to this debate on the Environment Protection Legislation (Stronger Regulation and Penalties) Amendment Bill 2024: the Hon. Natalie Ward, Ms Sue Higginson, the Hon. Bob Nanva and the Hon. Chris Rath.”

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News articles and press releases

Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Bill 2024

Ms TRISH DOYLE, Member for Blue Mountains — 2024-03-14

While those investigations are still underway, it is clear that there are gaps in EPA legislation that need to be addressed. These gaps have been present for many years; the asbestos situation across New South Wales has made them starker. The Government went to the election with the promise of an EPA "with teeth". This is our first step in strengthening environmental regulation. This bill amends several environment protection Acts to strengthen environment legislation and ensure the EPA has the right frameworks and powers to deter environmental crimes and respond to pollution incidents. This includes increased penalties, new investigation powers and recall powers, improved protections for the public including a "name and shame" provision, and new offences and penalties to tackle illegal dumping. These changes will ensure that our EPA remains a best‑practice environmental regulator.