Environmental regulation, contamination & pollution

Environmental regulation in New South Wales is enforced by the EPA and by councils through a framework that includes the Protection of the Environment Operations Act 1997 and the contaminated land regime. A notice, an incident or an investigation can carry legal obligations, commercial consequences and tight timeframes at the same time.

Notices from the EPA or council

Clean-up notices, prevention notices, preliminary-investigation notices and compulsory information requests are different statutory instruments. We identify the issuer, addressee, power, service date, each requirement and any review period, then coordinate the legal response with the necessary environmental action. Preservation and review must never be treated as reasons to delay safety, containment, pollution-incident notification, implementation of a pollution incident response management plan or mandatory work.

A prevention-notice appeal is ordinarily required within 21 days after service and does not automatically stay the notice. A clean-up notice has no equivalent statutory merits appeal. Our focused guide explains compliance, cost and review.

Pollution incidents

Where a pollution incident occurring in the course of an activity causes or threatens material harm, immediate verbal notification to each relevant authority may be required once the relevant person is aware. Written follow-up, later updates, PIRMP action and any licence report are separate steps. Our notification guide explains the current trigger and sequence.

Contaminated land

Contamination affects land value, development potential and transactions, and liability can fall on owners, occupiers or those who caused it. Where several parties are involved, responsibility for investigation and clean-up is often negotiated or litigated.

Working with consultants

Environmental consultants are usually essential to characterise an issue. We coordinate that technical evidence and translate it into a response and strategy.

How an early notice is handled often determines whether the matter resolves quietly or becomes an enforcement problem.