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ARTICLE · 04 DECEMBER 2018

POEO Act: Tougher penalties for asbestos waste offences

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Article discusses amendments to Protection of Environment Operations Act which aim to deter illegal waste operators.

AustraliaEnvironment

Managing asbestos waste safely is high on the agenda for the New South Wales government. In the wake of a series of highly publicised waste and asbestos dumping offences, the NSW Parliament recently voted to amend the Protection of Environment Operations Act 1997 (POEO Act) to address asbestos-related and direct asbestos waste dumping in New South Wales.

The Protection of the Environment Operations Amendment (Asbestos Waste) Bill 2018 (Bill) passed both houses of Parliament on 21 November 2018 and is now awaiting assent. The amendments introduce stricter sanctions for asbestos waste offences and a new separate offence for illegal asbestos waste disposal as well as re-use and recycling of asbestos waste under proposed new sections 144AAA and 144AAB of the POEO Act. Importantly, the Bill moves asbestos related offences to the POEO Act from the Protection of the Environment Operations (Waste) Regulation 2014, giving more clarity and strength to the provisions.

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