Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024 No 20.

The Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024 (NSW) is a comprehensive reform aimed at enhancing environmental protection in New South Wales by strengthening regulatory powers and significantly increasing penalties for environmental offences. It amends a wide range of existing laws to improve enforcement, accountability, and deterrence. The Act introduces higher maximum penalties across multiple environmental statutes, including those dealing with contaminated land, pesticides, radiation, waste, and pollution. It empowers the Environment Protection Authority (EPA) with broader investigative and enforcement tools, such as the ability to issue preliminary investigation and recall notices, recover costs from offenders, and make public warning statements. It also allows for orders prohibiting individuals or entities from holding environmental licences if they are deemed unfit or likely to reoffend. The legislation modernises evidentiary provisions, enabling the use of photographic and satellite imagery and analyst certificates in legal proceedings. It also clarifies and expands the criteria for determining whether a person or corporation is “fit and proper” to hold a licence, taking into account past conduct, financial solvency, and corporate relationships. Additionally, the Act streamlines service of documents, facilitates electronic communication, and introduces new offences such as illegal dumping and false representations about environmental approvals. It also establishes a waste classifier accreditation scheme and strengthens requirements around resource recovery exemptions and orders.