Snapshot
- As a result of the NSW Environment Protection Authority’s investigation into asbestos-contaminated mulch found in locations across greater Sydney, amendments were made to the environmental protection framework.
- The EPA will now have more extensive powers to investigate and punish environmental offences.
- The practical implications of some changes, most notably the removal of a number of significant procedural fairness and common law protections, has created considerable concern for industry stakeholders.
On 4 April 2024, the Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024 (NSW) (‘Act’) came into force. This legislation contains some of the most significant changes to environmental protection law seen in over three decades.
The Act has been characterised as an urgent overhaul following the recent investigations in which asbestos-contaminated mulch was found at 78 sites across NSW, including schools, hospitals and public parks.
The Act passed through both houses quickly, with no amendment or meaningful consultation. It has been promoted by the NSW Environment Protection Authority (‘EPA’) as essential to addressing ‘critical loopholes’ and ensuring it has better enforcement powers to deter environmental crimes and effectively respond to pollution incidents. A closer look at the Act reveals a number of very significant changes that were not widely discussed.