When should you notify the Environment Protection Authority of a pollution incident?

Introduction

The Land and Environment Court has found a coal mine operator not guilty of a charge of failing to notify the Environment Protection Authority (EPA) as soon as practicable after becoming aware of a pollution incident, in Environment Protection Authority v Bulga Coal Management Pty Limited [2014] NSWLEC 5.

The Court held that Bulga Coal Management Pty Limited's (Bulga) duty to notify the EPA of the pollution incident was only triggered once it became "subjectively" aware that the pollution incident caused or threatened material harm to the environment. At this point, Bulga did report the incident to the EPA.

Although the statutory timeframe for reporting pollution incidents has subsequently been amended, this decision is significant as the first example of a not guilty plea for this offence and in clarifying the subjective elements of the offence.