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ARTICLE · 16 AUGUST 2018

NSW EPA winds back compulsion powers and executive liability under the POEO Act

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This major concession has had the effect that compliance with an EPA notice may, in certain circumstances, be optional.

AustraliaEnvironment
Breellen Warry
Breellen Warry
Georgia Appleby
Georgia Appleby
Joshua Clark
Joshua Clark
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The NSW Environment Protection Authority (EPA) has made a major concession that significantly limits the scope of its compulsion powers and the reach of executive liability provisions under the Protection of the Environment Operations Act 1997 (POEO Act).

In a recent case, the EPA conceded that where notices have been issued under Part 7.5 of the POEO Act to a company executive, the information obtained from this notice will be inadmissible in any subsequent prosecution where the compelled party:

  • could face prosecution for a 'special executive liability' offence under section 169 of the POEO Act
  • has previously provided the EPA with information as required by a notice
  • at the time of giving that information, objected to doing so on the basis of self-incrimination.

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