Environment NSW: New Environmental Legislation

Directors and related corporate bodies who benefit from
Environmental offenses committed by a corporation can be punished
New liabilities and the NSW Environment Protection Authority, (EPA)
This gives the enforcement authorities more power. The changes result in stronger enforcement powers.
Environment compliance and risk management practices must be adhered to
To minimize risk, the information is reviewed and updated as needed
Companies, directors, and related entities.

Snapshot

• The 4 March 2022 was the official start date.Environment Legislation
  Amendment Act 2022 (NSW) (Act) amended
  Five pieces of legislation on the environment.
• Directors are subject to financial and criminal liability under the Act
  Corporate bodies and related bodies that receive monetary benefits
  The commission by a corporation of environmental offenses. It also
  The EPA has greater power to issue notices and impose restrictions
  Require financial assurances and restrictions on land use
• Due to their increased exposure to potential liability
  Directors and corporations must ensure that they are able to maintain
  Up-to-date information on environmental compliance and risk management
  These guidelines are in line with the current NSW environmental legislation.

Overview of the Act

An earlier blog post was published on theEnvironment
Legislation Amendment Bill 2021(NSW) shortly thereafter
Passed Parliament

The Bill has been given royal assent. It was made into an Act.
4 March 2022, and became effective on the same date. The Act
This legislation was amended.

• Protection of the Environment Operations Act
  1997 (NSW) (POEO Act);
• 1997 Contaminated Land Management Act (NSW)
  (CLM Act);
• Pesticides Act 1999 (NSW) (Pesticides
  Act);
• Radiation Control Act 1990 (NSW) (RC
  Act); and
• Protection of the Environment Administration Act
  1991 (NSW).

Increased exposure for directors of related corporations

New provisions in the Act allow corporations to be convicted under new provisions
Environmental offence under the CLM Act and POEO Act.
Act or RC Act, the court could then order any of the following
Pay to persons or entities that the court deems appropriate
The EPA represents the monetary benefits that the person receives
As a result of the offence,

• A related body corporate (as defined by
  TheCorporations Act 2001(Cth) of the
  A corporation that has been convicted; and
• A person who was or was a director in the convicted corporation
  or its related body corp at the time the offence was committed.

The Act also makes it a crime for any of these persons to violate the Act.
You can get financial or economic benefits by the commissioning of an
Corporations that commit environmental violations

It is now more important than ever because of the new provisions
Directors and corporations must strictly monitor and adhere to the rules
They must fulfill their environmental obligations.

If a corporation attempts to avoid these obligations by
Implementing creative corporate structures or cutting corners is it
Those who ultimately benefit from them will be the ones who are merely benefited.
Be determined to pursue these efforts and get rid of any benefits they may have
derived.

Increased risk of regulatory action from the EPA

The Act gives the EPA more enforcement powers, including
The ability to:

• Issue clean-up and preventive notices immediately
  Notification under section 60 of the CLM Act.
  Declaration that the land has been significantly contaminated
• Financial assurance must be imposed on the basis of the financial statements
  capacity of a licensee;
• For the purpose of
  Enforcement of a condition, suspension, or revocation of an environment
  protection licence.

This means that businesses are now more at risk of having to have their own security systems.
The EPA has taken regulatory action against them. The best way is to
To mitigate this risk, ensure compliance with all environmental laws
obligations so that the EPA has as few reasons as possible
Take enforcement actions.

Next steps

The Act has increased exposure for directors and related parties
Increased liability for corporations for environmental crimes and increased liability for corporations
The possibility of regulatory action by EPA. These changes are:
Environment compliance and risk management practices must be adhered to
To minimize risk, the information is reviewed and updated as needed
Corporations, directors, and related entities.

This article is meant to be a guide.
guide to the subject matter Expert advice should be sought
Discuss your specific circumstances.