NSW to double penalties for worst environmental crimes in wake of asbestos crisis
Penalties for the most serious environmental crimes would double and the New South Wales environmental watchdog would have powers to recall potentially contaminated products from consumers under major changes to environmental protection laws proposed by the Minns government.
The environment minister, Penny Sharpe, said the government was proposing the largest set of amendments to the Environment Protection Authority’s (EPA’s) powers since the regulator was established in 1991.
The legislation, to be introduced to the parliament on Thursday, follows a crisis triggered after asbestos was found in mulch at the Rozelle parklands in January.
Related: Asbestos-contaminated mulch found at 75 sites across Sydney, watchdog finds
An EPA investigation has since detected asbestos in mulch at 75 sites across greater Sydney.
Sharpe said the EPA’s criminal investigation into the mulch had highlighted loopholes in the state’s environmental regulations that needed to be fixed.
Among the proposed reforms are a doubling of the maximum penalty for tier-1 environmental offences – the most serious environmental crimes – to $10m for companies and $2m for individuals.
The penalty for tier-2 asbestos-related offences would increase to $4m for companies and $1m for individuals.
On-the-spot fines for smaller offences would also double and the government is proposing to crack down on small-scale illegal waste dumpers with maximum penalties of $50,000 for companies and $25,000 for individuals.
Related: Asbestos in Sydney mulch: what are the regulations and should they be tougher?
Other proposed changes include giving the EPA new powers to recall products from the market that may be contaminated with harmful substances, strengthening the EPA’s investigation powers, and establishing a public “name and shame” process to issue warnings about serious or repeat environmental offenders.
“Under 12 years of conservative government, penalties and regulation haven’t kept pace,” Sharpe said. “We need a tough environmental cop on the beat.
“Our changes will give the EPA more power to better protect our precious places and to deter environmental crime.
“The events of the past two months have shown the urgent need to reform environment protection laws and increase penalties.”
Sharpe said the sweeping reforms would directly improve the protection of human health, the environment and the community.
