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Environmental Protection Authority updates prosecution guidelines
The NSW Environmental Protection Authority has updated guidelines that govern how and if it can launch legal proceedings and pursue prosecutions under its legislation.
Naomi Neilson
Changes to the Environmental Protection Authority’s (EPA) legislation have updated its method for launching legal proceedings, including considering several new factors and reasons prior to pursuing prosecutions such as impacts of protection on human health.
CEO Tracy Mackey said the updates will ensure that the NSW authority will continue to be at the forefront of protecting the environment and the community.
“The prosecution guidelines will help the public, the entities subject to an environmental regulation and other organisations understand how the EPA will exercise prosecutorial powers and the circumstances in which it will start proceedings,” Ms Mackey said.
She added that the harm or potential harm to human health is an important new factor that has been included, “reflecting the EPA’s statutory objection to reduce any human health risks”, in addition to its role of restoring and protecting the environment in NSW.
Since the EPA was re-established in February 2012, it has completed more than 600 prosecutions, resulting in the courts imposing more than $10.5 million in penalties. In 2019, the EPA took prosecution action in relation to water pollution, offensive odours, radiation control, waste, asbestos dumping and publicly reported littering.
Additionally, changes have been made to guide inter-agency collaboration when there is a need for enforcing environmental protection legislation. This will include the councils and government agencies who have the power to prosecute under the legislation.
“Another change includes additional detail around the liability of directors for particular environmental offences, to clarify when directors can be held accountable for offences committed by corporations,” Ms Mackey said.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
