Attention NSW ECEC Providers: Change in penalties for EPA violations

There have been significant changes to environmental protection laws in New South Wales, some of which affect the approved providers and owners of early childhood education and care (ECEC) services specifically. 

Penalties for many breaches have now doubled in what the Environment Protection Authority (EPA) is terming “the biggest boost to environmental regulation in three decades.” 

Yesterday, 14 March 2024, the NSW Government introduced changes to the Protection of the Environment Operations Act 1997 (POEO Act) and other environmental laws, to strengthen penalties and the EPA’s powers to deter repeat offenders and “make polluters pay,” based on the current criminal investigation into asbestos-contaminated mulch, the biggest in the EPA’s history, which highlighted the need to address loopholes and enhance investigative capabilities.

The Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Bill 2024 includes (but is not limited to):

• Implementing a specific, higher penalty for small-scale illegal dumping on sensitive land such as childcare centres, hospitals, schools, national parks and beaches.
• Doubling maximum penalties for Tier 1 serious offences to $10 million for companies and $2 million for individuals.
• Doubling maximum penalties for Tier 2 asbestos-related offences to $4 million for companies and $1 million for individuals.
• More than doubling on-the-spot fine amounts for certain Tier 3 offences 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.
• Doubling on-the-spot fines for general littering of small items to $160 for individuals and corporations in public places.
• Cracking down on small-scale illegal dumping 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 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.

“I’m proud that we’re introducing the biggest boost to environmental regulation since the creation of the EPA in 1991,” NSW Minister for Climate Change and the Environment Penny Sharpe said.

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

Access the Bill here.