On 20 February 2026, the Land and Environment Court imposed a penalty of $157,500 in Environment Protection Authority v Clarence Colliery Pty Ltd [2026] NSWLEC 13 for a breach of Pollution Incident Response Management Plan (PIRMP) testing requirements.
This is the first penalty in NSW for non-compliance with the PIRMP testing requirements.
The decision serves as a clear warning to all Environment Protection Licence (EPL) holders that PIRMP obligations are not administrative formalities and are a core compliance requirement under the environmental protection regime.
The Court confirmed that failure to comply with PIRMP obligations can result in substantial penalties, even where no pollution or environmental harm eventuates.
