Information Sheet 2
Environmental Legislation
There are many laws, regulations, policies and guidelines to help protect the environment in NSW and give guidance to business and industry. In some cases, if you break these laws it is an offence that can carry serious penalties; in most instances the prosecutor need not prove that you intended to cause the incident. Even accidents can result in prosecution. You and others in your business should be aware of these laws and penalties and take all reasonable care not to harm the environment.
What are the penalties for not acting within the law?
The most serious offences (known as Tier 1 offences) are for wilful or negligent breaches that harm the environment. These carry penalties of up to $1 million or 7 years' imprisonment.
Under the Protection of the Environment Operations (POEO) Act 1997, maximum penalties for most pollution offences (known as Tier 2 offences) carry penalties of $250,000 for companies and $120,000 for individuals.
Minor breaches can result in an infringement notice with a penalty of up to $1500.
What should you know about environmental laws?
Be aware of your legal responsibilities as set out by various environmental laws. All owners, managers and operators should ensure that they know about these environmental legal requirements, as they are responsible for the effects of their actions or inactions. These requirements are summarised below.
Water pollution
It is an offence for any person to pollute any waters. 'Pollution' includes the introduction of anything (litter, wash water, oil, debris, detergent, paint, etc.) into water. It is also pollution to place anything where it could be blown or could fall into a drain, gutter or local waterway. 'Waters' include the stormwater system and natural waterways.
Air pollution
This includes emission of odours, smoke, fuel or any other substances to the air Occupiers must maintain and operate plant in a proper and efficient manner to prevent or minimise any air pollution.
