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Environment & pollution

I received an EPA notice

Environmental notices from the EPA or a council, such as clean-up notices, prevention notices, compliance notices and information requests, carry legal obligations and tight timeframes. A measured, well-evidenced response protects your position while meeting your obligations.

Jurisdiction
New South Wales
Page type
Situation guide
Timing
Time-sensitive
On this page

This page may be relevant if:

  • You have received a clean-up, prevention or compliance notice
  • The EPA or council has issued a formal information request
  • You are being investigated over an environmental issue
  • You need to respond without admitting more than is required

What this usually means

  • Environmental notices are issued under legislation such as the Protection of the Environment Operations Act 1997 and carry obligations to act, report or provide information.
  • Notices usually specify works or steps and a timeframe for compliance.
  • Since 12 December 2025 the regulatory or public authority that gave a clean-up or prevention notice may apply to the Registrar-General to register it in relation to the land to which it relates. Registration can be identified in title due diligence. An appropriate regulatory authority that has given a clean-up notice may also direct restrictions on access to the premises or a substance if it reasonably believes the restrictions are needed to allow clean-up action or because the substance that is the subject of the pollution incident poses a risk to human health.
  • Responses can have legal consequences, so the content and tone of any reply matters.
  • Some notices can be the subject of review.

What commonly matters

  1. Obligations versus admissions

    You must meet genuine obligations, but responses should be accurate and considered, not unnecessarily prejudicial.

  2. Technical evidence

    Environmental consultants are often essential to characterise the issue and inform the response.

  3. Escalation risk

    How the early notice is handled can determine whether the matter resolves or escalates to enforcement.

How we help

  • Review the notice and confirm what is actually required
  • Coordinate environmental consultants and technical evidence
  • Prepare and manage your response to the regulator
  • Advise on review rights and manage any escalation

This page is general information only and is not legal advice. It may not be current, and how the law applies depends on the specific facts. For advice on your situation, contact Stone & Pillar Legal.

Frequently asked questions

General information only, not legal advice. The position depends on your circumstances.

What is the difference between a clean-up notice and a prevention notice from the NSW EPA?

They have different statutory triggers. A clean-up notice under section 91 of the Protection of the Environment Operations Act 1997 can direct specified clean-up action where the authority reasonably suspects that a pollution incident has occurred or is occurring. It can be addressed to an owner or occupier of affected premises or to a person reasonably suspected of causing or contributing to the incident. A prevention notice under sections 95–96 is forward-looking: it directs an occupier or person carrying on an activity to take specified action where the authority reasonably suspects the activity is being carried on in an environmentally unsatisfactory manner. The issuer, addressee, requirements, service date and statutory section on the document should be checked rather than treating either instrument as a generic 'EPA notice'.

How long do I have to comply with or challenge an EPA notice in NSW?

The notice sets its own compliance period. Separately, section 289 of the Protection of the Environment Operations Act 1997 gives a person served with a prevention notice 21 days after service to appeal to the Land and Environment Court. The appeal does not automatically stay the notice; a stay operates only to the extent the Court directs. A clean-up notice has no equivalent statutory merits appeal, although judicial review may be available for a legal error. Asking the authority for clarification, variation or more time, or commencing review proceedings, does not itself suspend compliance, so compliance and review need to be managed in parallel.

Can a company director be personally liable for an EPA notice or pollution offence in NSW?

Potentially, but not merely because a person is a director. The Protection of the Environment Operations Act 1997 contains offence-specific executive-liability provisions. It also permits supplementary clean-up or prevention notices in defined circumstances to be issued to specified current or former directors, people concerned in management and related bodies corporate after corporate non-compliance. The provision, alleged conduct, person's role, company response and available statutory defences all need to be checked before personal exposure is assumed.

Do I need to report a pollution incident to the EPA, and how quickly?

Part 5.7 of the Protection of the Environment Operations Act 1997 requires immediate notification to every relevant authority when a pollution incident occurring in the course of an activity causes or threatens material harm and the relevant person becomes aware of that fact. Material harm includes non-trivial actual or potential harm to human health, safety or ecosystems, or aggregate actual or potential loss or property damage above $50,000. Duties can apply to the person carrying on the activity, employees, employers and the occupier. Notification is verbal to each listed authority and is followed by written notification within seven calendar days of the incident. There is no fixed safe number of minutes or hours, and notification should proceed alongside containment and any applicable pollution incident response management plan.

Where to start

Received an EPA or council environmental notice?

We can review the notice, identify any stated response date and explain what material would be needed for preliminary assessment.

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No charge · Not legal advice

A preliminary call is a short conversation to check whether we can help, at no charge, and not legal advice. Please don't send confidential or time-sensitive material until we confirm in writing that we can act.

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