ARTICLE · 08 MARCH 2012

New pollution incident response laws in NSW - a timely reminder in environmental importance

DLA Piper Australia

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Amendments to the POEO Act aim to improve the way in which pollution incidents are reported and managed in NSW.

AustraliaEnvironment

Rebecca Tompkins

The Protection of the Environment Legislation Amendment Act 2011 (Amendment Act) introduces significant changes to the Protection of the Environment Operations Act 1997 (NSW) (POEO Act), which aims to improve the way in which pollution incidents are reported and managed. You must review your incident response and notification processes now.

Key changes

Changes to the POEO Act, which commenced on 6 February 2012, impose strict pollution incident notification requirements upon all persons that undertake activities resulting in a pollution incident. The key changes are:

Pollution incidents that cause or threaten material harm to the environment must be notified immediately (rather than 'as soon as practicable', as was formerly required).

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