Background
On 11 October 2011 the
Protection of the Environment Legislation Amendment Bill 2011
was introduced into NSW Parliament. It was assented to on 16
November 2011, but has not yet commenced (Amendment
Act).
The Amendment Act was introduced as a result of recent press
coverage and concern related to the issue of timely notification of
pollution incidents, especially those that may have a public health
dimension. The NSW Government announced in relation to this issue
that it would strengthen obligations to notify pollution incidents.
The former head of the NSW Department of Premier and Cabinet,
Brendan O'Reilly, conducted a review of the state's
pollution notification requirements, which was released on 30
September 2011 (O'Reilly Report). The
O'Reilly Report made nine recommendations designed to ensure
that future incidents were notified in a timely and more
appropriate manner, which the NSW Government incorporated into the
Amendment Act.
