Update to legislation aims to hold illegal waste operators to account

Update to legislation aims to hold illegal waste operators to account

There has been a raft of new legislative updates introduced in NSW. The Environment Minister, James Griffin, explained that the new changes would protect landowners against illegal dumping and provide better environmental protections, particularly around contaminated land.

“When our environmental laws were introduced decades ago, they were powerful and used as the benchmark around Australia, but now is the right time to strengthen them again,” Mr Griffin said.

“Since 2012, these laws have been used to successfully prosecute nearly 680 polluters and make them pay $12 million through the courts for their crimes.

“Criminal behaviour has evolved since then, which is why we’ve created powerful amendments to strengthen the law so waste criminals can’t exploit and profit from loopholes.”

The loopholes he refers to have seen more than 132,000 tonnes of contaminated waste being illegally dumped across the state, with either the government or private landowners left with the cost.

The new protections mean that current and former directors of corporate entities will be held accountable for crimes, even if the body is dissolved and then reinstated, a practice known as phoenixing.

Related companies will also be held accountable financially and in terms of licensing, while owners of vehicles involved will also be subject to criminal penalties.

Penalties will also be increased, including the current maximums, in an effort to deter criminals, and further protections will be extended to EPA officers and others involved in the investigations process.

“These changes will ensure those responsible for contamination and pollution can be made to clean it up or manage it into the future,” Mr Griffin said.

“This is good news for the environment and for communities that have suffered from the actions of environmental criminals.”

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