Healthy Environment, Healthy Community, Healthy Business

Environment Protection Authority

Environmental Issues

Waste and recycling

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.

Was this page helpful?

Thank you for your feedback.

Would you like to tell us more?

Share this

Share to Facebook Share to Twitter More...
Page last updated: 14 January 2015