How the EPA draft Climate Change Policy and Action Plan will impact businesses in NSW

The NSW Environment Protection Authority (EPA) recently released its draft Climate Change Policy (Policy) and Climate Change Action Plan 2022-25 (Action Plan) in September 2022. Once implemented, this will solidify the EPA's role in regulating and reducing greenhouse gas emissions and support the NSW Government's plan to reach net zero by 2050.

The Policy and Action Plan are in direct response to the significant case of Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority [2021] NSWLEC 92, in which the EPA was found to have a statutory duty to develop specific policies to protect the environment from climate change. In particular, these developments mark the EPA's shift to treating carbon dioxide as a pollutant, thereby requiring its strict regulation and reduction in the atmosphere.