New Environmental Legislation Operative In NSW

Directors and related bodies corporate that benefit from environmental offences committed by a corporation are subject to new liabilities and the NSW Environment Protection Authority (EPA) now has stronger enforcement powers. Due to the changes, environmental compliance and risk management practices should be reviewed and updated as required to minimise risks for corporations, their directors and related entities.

Snapshot

• On 4 March 2022, the Environment Legislation Amendment Act 2022  (NSW) (Act) amended five pieces of environmental legislation.
• The Act imposes financial and criminal liability on directors and related bodies corporate that receive monetary benefits from the commission of environmental offences by a corporation. It also gives the EPA greater powers to issue notices, impose restrictions on the use of land and require financial assurances.