Waste Management Review speaks with Gavin Shapiro, Hones Lawyers Partner, about changing regulation in the C&D sphere.
Illegally dumping asbestos now carries a multi-million dollar fine under new laws passed by the NSW Government.
Previously, the maximum penalty for asbestos waste offenders were $44,000 for corporation and $22,000 for individuals. Under the new laws, these are now $2 million for corporation and $500,000 for individuals who illegally dispose, recycle or re-use asbestos waste.
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Maximum court penalties for land pollution and waste offences involving asbestos have also been doubled to $2 million for corporations and $500,000 for individuals.
Managers and directors can also now be held accountable for offences committed by their companies under the new laws.
NSW Environment Minister Gabrielle Upton said illegally dumping asbestos is a serious crime, and the government wants dumpers to know there are tough penalties for those that break the law.
“The new laws also require the courts to consider the presence of asbestos when determining the magnitude of the penalty,” Ms Upton said.
“The massive fine hike comes on top recently announced tougher asbestos handling controls for waste facilities and a tenfold increase in on-the-spot asbestos fines for illegally transporting or disposing of asbestos waste,” she said.
New laws have been passed in Victoria which have given the EPA powers to stop pollution and protect the state’s environment.
The Environment Protection Amendment Bill 2018 has introduced a criminally enforceable General Environment Duty which requires people conducting activities that pose a risk to human health and the environment from pollution to take responsible steps to eliminate or reduce them.
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It aims to move the focus to prevention, rather than responding to pollution after it has occurred.
The Bill substantially increases maximum penalties to better reflect the seriousness of environmental offences.
The reforms have also delivered improved clarity and flexibility, including reforms to EPA licensing and the environmental audit system.
A range of measures have been introduced to assist the EPA’s ability to protect the environment, including strengthening powers of EPA Authorised Officers to enter premises and investigate suspected breaches of the law.
Community members have also been given the ability to seek civil remedies to enforce the Environment Protection Act and regulations.
The new laws will come into effect on 1 July 2020, which will allow time to develop the regulations and guidance required to support the new laws.
Victorian Environment Minister Lily D’Ambrosio said the historic reforms were developed carefully over a number of years and will help Victoria’s environment for generations to come.
“We’re making sure Victoria’s EPA is equipped with the people, powers and resources it needs to do its job and protect Victoria’s environment,” she said.