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Environment Protection Authority

Environmental Issues

Waste and recycling

Protection of the Environment Operations Amendment (Illegal Waste Disposal) Act 2013

The Protection of the Environment Operations Amendment (Illegal Waste Disposal) Act 2013 amends the Protection of the Environment Operations Act 1997 to more effectively deal with illegal waste disposal and fraud in the waste sector.

The amendments:

  1. extend the offence of illegally using land as a waste facility to illegally using water as a waste facility
  2. empower the NSW Environment Protection Authority (EPA) to seize and impound vehicles used in illegal waste disposal by a repeat offender. On conviction, the court may order that the vehicle be forfeited
  3. create a new offence that attracts a potential prison sentence of up to two years for committing a repeat offence of the following offences: polluting land or water; illegally using a place as a waste facility or permitting a place to be illegally used as a waste facility; or transporting waste to an illegal waste facility
  4. create a new offence of knowingly supplying false and misleading information in the course of dealing with waste that attracts a possible fine and/or prison sentence of up to 18 months
  5. permit the regulations to prescribe a protocol for calculating the monetary benefits that an offender has gained from the offence so the court may order payment of this amount as an additional penalty
  6. remove the exemption from payment of the waste levy for recycling facilities (measures to equitably manage recycling facilities will be provided for in the regulations instead).

Commencement

Amendment 6 and related new provisions commence 1 August 2015.

More information

Contact Environment Line on 131 555

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Page last updated: 14 January 2015