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ARTICLE · 17 AUGUST 2014

Tough new environmental enforcement measures under NSW Bill

A discussion of key features of the Protection of the Environment Legislation Amendment Bill 2014.

AustraliaEnvironment

A range of new and much higher penalties, and a new power for the EPA to require bank guarantees for remediation, are the key features of the Protection of the Environment Legislation Amendment Bill 2014, introduced into the New South Wales Parliament on Tuesday.

If passed, the Bill will amend

  • the Contaminated Land Management Act 1997;
  • the Protection of the Environment Operations Act 1997; and
  • the Radiation Control Act 1990.

Bank guarantees for remediation work

The EPA will be able to require financial assurances, such as a bank guarantee or bond, as part of a management order under the Contaminated Land Management Act. The EPA can set the amount, but it cannot exceed the EPA's reasonable estimate of the total cost of carrying out the relevant action (including EPA supervision costs).

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