Prescribed wastes for land pollution offence
Section 142A of the Protection of the Environment Operations Act 1997 (POEO Act) provides an offence for a person who pollutes land.
From 1 November 2014, the Protection of the Environment Operations (General) Regulation 2009 will contain a list of wastes that automatically constitute land pollution under section 142A of the POEO Act.
These wastes include:
- hazardous waste
- restricted solid waste
- >10 tonnes of asbestos waste
- >5 tonnes of waste tyres or more than 500 waste tyres.
The POEO Act carries significant penalties for pollution of land. Court imposed penalties can be up to $1,000,000 for corporations and $250,000 for individuals.
This amendment sends a strong signal to polluters that dumping waste that poses a risk to the community or the environment is unacceptable in NSW.
What defences are there?
The current defences in the POEO Act relating to land pollution (sections 142B, C, D and E) continue to apply.
What would you like to do next?
Page last updated: 14 January 2015