Update: NSW raises the bar on environmental incident response

Introduction

In our previous legal update, NSW raises the bar on environmental incident response, published on 6 December 2011, we outlined the significant amendments made to the Protection of the Environment Operations Act 1997 ( POEO Act). These included new requirements that will require parties to notify pollution incidents immediately (rather than as soon as practicable), and for holders of environment protection licences and occupiers of premises (if requested by the EPA) to prepare and implement pollution incident response management plans.

The Office of Environment and Heritage (OEH), and the EPA, have now published additional material which provides further information on how the amendments are proposed to operate in practice.