Healthy Environment, Healthy Community, Healthy Business

Environment Protection Authority

Environmental Issues

Waste and recycling

Illegal dumping laws

The Protection of the Environment Operations Act 1997 (POEO Act) is the primary piece of environmental legislation that regulates the problem of illegal dumping and illegal landfilling in NSW.

The following sections of the POEO Act are important in relation to illegal dumping:

Section 143: Unlawful transporting or depositing of waste

(1) Offence: If a person transports waste to a place that cannot lawfully be used as a waste facility for that waste, or causes or permits waste to be so transported:
(a) the person, and
(b) if the person is not the owner of the waste, the owner,
are each guilty of an offence.

Maximum penalty:
(a) for a corporation – $1,000,000
(b) for an individual – $250,000.

Section 144: Use of land as waste facility without lawful authority

(1) A person who is the owner or occupier of any land and who uses the land, or causes or permits the land to be used, as a waste facility without lawful authority is guilty of an offence.

Maximum penalty:
(a) for a corporation – $1,000,000 and, in the case of a continuing offence, a further daily penalty of $120,000
(b) for an individual – $250,000 and, in the case of a continuing offence, a further daily penalty of $60,000.

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Page last updated: 14 January 2015