The EPA enforces strict laws relating to illegal dumping to ensure wrongdoers pay heavy penalties for potentially harming human health and the environment, and deter dumpers from repeating the offence.
The Protection of the Environment Operations Act 1997 (POEO Act) is the primary piece of environmental legislation regulating illegal dumping in NSW. The POEO Act provides a tiered range of on-the-spot fines and maximum penalties for illegal dumping offences. Two of the sections commonly used by the EPA to regulate illegal dumping are sections 143 and 144 of the POEO Act. A new small-scale illegal dumping offence has also been introduced in section 144AE of the POEO Act.
What is ‘illegal dumping’ according to the law?
Sections 144AE of the POEO Act
- states that it is an offence to deposit more than 50L or 50kg of litter or waste in or on a public place, or an open private place, and that the maximum penalties and on-the-spot fines are higher if the offence is committed in or on a “sensitive place” (which is defined in the legislation).
Sections 143 and 144 of the POEO Act
- deal with the unlawful transporting, acceptance and depositing of waste
- state that the owner, transporter and person receiving the waste or allowing their waste to be received are committing a crime
Note that if the waste dumped is causing land or water pollution, other offences apply.
Fines and penalties
On-the-spot fines for small-scale illegal dumping
- $2,500 on-the-spot fine for individuals if the litter or waste is dumped in or on a sensitive place, or a $1,000 fine if it is dumped on other public land or open private places
- $10,000 on-the-spot fine for corporations if the litter or waste is dumped in or on a sensitive place, or a $5,000 fine if it is dumped on other public land or open private places
Note sensitive place is defined in section 144AD of the POEO Act.
Maximum penalty for small-scale illegal dumping
-
Maximum penalty for an individual: $50,000 if the litter or waste is dumped in or on a sensitive place, or $25,000 if it is dumped on other public land or open private places
-
Maximum penalty for a corporation: $100,000 if the litter or waste is dumped in or on a sensitive place, or $50,000 if it is dumped on other public land or open private places
On the spot fines for larger-scale waste dumping offences
-
$15,000 on-the-spot fine for individuals
-
$30,000 on-the-spot fine for corporations
Higher fines apply for second offences.
Maximum penalties for larger-scale strict liability waste dumping offences
-
Maximum penalty for an individual: $500,000 and, in the case of a continuing offence, a further daily penalty of $120,000
-
Maximum penalty for a corporation: $2,000,000 and, in the case of a continuing offence, a further daily penalty of $240,000
If the waste contains asbestos, the maximum penalty is double for individuals and corporations.
Wilful or negligent disposal of waste causing actual or likely harm to the environment
- Maximum penalty for an individual: $2,000,000 and/or 7-year prison sentence for wilful offences; $1,000,000 and/or 4-year prison sentence for negligent offences
- Maximum penalty for a corporation: $10,000,000 for wilful offences; $4,000,000 for negligent offences
