Category: NSW News

Penalties for many environmental crimes will double under the biggest amendment to environmental protection laws since the Environment Protection Authority was created in 1991.

The NSW Government will today introduce changes to the Protection of the Environment Operations Act 1997 (POEO Act) and other environmental laws, to strengthen penalties and the EPA’s powers to deter repeat offenders and make polluters pay.

Most NSW environmental penalties have not increased since 2005, including those for serious offences. 

The current criminal investigation into asbestos-contaminated mulch, the biggest in the EPA’s history, has highlighted the need to address loopholes and enhance investigative capabilities.

The Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Bill 2024 includes:

• Doubling maximum penalties for Tier 1 serious offences to $10 million for companies and $2 million for individuals.
• Doubling maximum penalties for Tier 2 asbestos-related offences to $4 million for companies and $1 million for individuals.
• More than doubling on-the-spot fine amounts for certain Tier 3 offences to $30,000 for companies for a first offence and $45,000 for a second offence. For individuals this will be $15,000 for a first offence and $22,500 for a second offence.
• Doubling on-the-spot fines for general littering of small items to $160 for individuals and corporations in public places.
• Cracking down on small-scale illegal dumping with maximum penalties of $50,000 for companies and $25,000 for individuals. On-the-spot fines of $5000 for companies and $1000 for individuals will be able to be issued by public land managers, including councils, NSW Police and the National Parks and Wildlife Service.
• Implementing a specific, higher penalty for small scale illegal dumping on sensitive land such as childcare centres, hospitals, schools, national parks and beaches.
• Increasing maximum penalties for breaching resource recovery orders and exemptions from $44,000 to $2 million, or $4 million for offences by corporations involving asbestos waste.
• Introducing new product recall powers for materials that may be contaminated with harmful substances across an entire supply chain, to quickly safeguard human health and the environment and warn the public.
• Establishing a public ‘name and shame’ process to issue public warnings about poor environmental performers and sub-standard practices.
• Strengthening investigation powers, introducing investigation notices, and improving and expanding clean-up notice controls.
• Allowing the Land and Environment Court to ban serial and serious offenders from applying for an environment protection licence.
• Providing a framework to establish a new waste accreditation scheme to ensure accurate assessment, classification and disposal of waste. This will protect the integrity of recycling streams by targeting the source of contamination. Regulatory effort will be focused upstream towards the waste generator, providing greater visibility and control over supply chains.

These statewide reforms are designed to overcome emerging issues and urgent regulatory challenges. This is the first step the NSW Government is taking to ensure environmental frameworks are preventing contamination entering the community and recycling streams and enforcing deterrents to environmental crimes.

The NSW Government will consider further changes in response to the ongoing investigation into contaminated mulch or recommendations of the Asbestos Taskforce and Office of the Chief Scientist and Engineer.

Minister for Climate Change and the Environment Penny Sharpe:

“Today is a downpayment on our election commitment to strengthen environmental protections in NSW. I’m proud that we’re introducing the biggest boost to environmental regulation since the creation of the EPA in 1991.

“Under 12 years of conservative government, penalties and regulation haven’t kept pace. 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.

“These sweeping reforms will directly improve the protection of human health, the environment, and the community.

“Penalties are being ramped up to reflect the risk of harm and disruption to the environment and the community, and for those doing the wrong thing the fine will no longer just be the cost of doing business.”

Offence tiers

Tier 1 offences – wilful

Wilful harm to environment from disposal of waste, or causing any substance to leak, spill or otherwise escape.

Tier 1 offences – negligent

Negligent harm to environment from disposal of waste, or causing any substance to leak, spill or otherwise escape.

Tier 2 offences with higher penalties – asbestos waste and other serious offences

For example, pollution of land where offence involves asbestos waste.

Other Tier 2 offences

For example, failure to comply with licence condition or a clean-up notice.

Tier 3 offences

Environmental offences which are dealt with via penalty notices (on-the-spot fines).

The NSW Labor Government has moved decisively to protect our beaches and coastal environment by banning seabed petroleum and mineral mining off the NSW coast.

The Government secured support from across the NSW Parliament to implement the ban, making NSW the first state in Australia to prohibit seabed petroleum and mineral exploration and mining.

The Environmental Planning and Assessment Amendment (Seabed Mining and Exploration) Bill 2024 amends the Environmental Planning and Assessment Act 1979 to prohibit:

1. Seabed petroleum and mineral exploration and recovery in NSW coastal waters; and

2. Other development within the state for the purposes of seabed petroleum and mineral exploration and recovery anywhere.

The Bill reaffirms the NSW Labor Government’s commitment to protecting NSW coastal waters from offshore mining activities.

These activities can have a devastating effect on our marine wildlife by releasing toxic materials, destroying habitat and creating harmful sediment levels. We must prevent this happening.

The Bill is designed to stop severe environmental damage that can result from offshore exploration and drilling including oil spills and greenhouse gas emissions.

The ban exempts coastal protection works including beach nourishment and beach scraping, which involves removing a layer of sand from the foreshore and transferring it to a different location on that same beach. This strengthens beaches, dunes and cliff systems from erosion.

Certain dredging activities, not involving mineral exploration or recovery, which are required as routine practice with environmental and economic benefits will also continue. This includes laying pipelines or submarine cables.

No other state or territory has acted so comprehensively to prevent the severe environmental impacts that can result from offshore exploration.

Minister for Climate Change and Energy Penny Sharpe:

“The damage from seabed exploration and mining is significant. It threatens our state’s sensitive marine environments, coastal areas and Indigenous heritage.

“With broad support, the NSW Labor Government has taken a responsible and balanced approach to banning seabed mining and protecting our marine environment into the future.”

Minister for the Central Coast David Harris:

“Not only does this ban keep our waters clean and our marine life healthy, but it also gives certainty to coastal communities, like mine on the Central Coast who are overwhelmingly against offshore mining.

“I am pleased to be a part of a government that not only listens to the community but also acts in their best interests.”

NSW will be $1.65 billion worse off next financial year according to the Commonwealth Grants Commission after it reduced the State’s share of GST from 92.4 per cent to 86.7 per cent.

The figures are contained in the annual GST Revenue Sharing Relativities report released today.

The six percentage point adjustment to GST relativities is the largest single year reduction to the NSW share of GST since the system was introduced in 2000.

It takes the State’s share to the lowest it’s been since 2018-19, when former treasurer Dominic Perrottet railed against the “black magic” formula that saw NSW’s relativity reduced from 87.7 per cent to 85.5 per cent.

The NSW Government made it clear at its first budget in September that a lot of external factors had to go right for the State to return to surplus.

The hard journey to budget repair has just been made significantly harder, three months out from the NSW budget.

Recent decisions at the Commonwealth level, including the withdrawal of $3.2 billion of infrastructure funding as well as ongoing uncertainty over schools and health funding agreements, do not help.

The NSW Labor Government, as previous state governments have noted, is at the mercy of drastic fluctuations via the GST distribution calculation.

The NSW Government will continue fighting for a fair share for its citizens and for revenue certainty into the future, including the extension of the No Worse Off Guarantee beyond the current expiration date of 2029-30.

The Commonwealth is currently undertaking a five yearly review of how it determines states’ shares of GST.  That review is expected to be finalised next year.

It’s another reminder of the critical need for NSW to continue carefully managing the State’s finances, the same way that every NSW family is having to do.

The NSW Labor Government inherited the largest debt ever passed from one government to another, as well as the largest deficits recorded in NSW history, jeopardising the delivery of essential services in the process.

In its first year, the NSW Labor Government has reined in the previous government’s waste, adjusted the debt trajectory and reinstituted fiscal discipline.

Treasurer Daniel Mookhey said:

“This result shows how out of touch the Commonwealth Grants Commission is. NSW takes most of the nation’s population growth, but is being punished by having its GST cut.

“It is an absurd process in dire need of reform.

“I agree with former treasurer Perrottet when he railed in 2018 against the ‘black magic GST distribution formula’ which was ‘seeing the hardworking taxpayers of NSW being ripped off by a perverse and unfair distribution model’.”

Minister for Finance, Courtney Houssos said:

“We have been honest with the people of NSW about the challenges our budget is facing since we were first sworn in.

“We will maintain our fiscally prudent approach, focused on rebuilding our State’s essential public services.”

A $20 million program of safety improvements to the Big River Way (previously the Pacific Highway) has now been completed by the NSW Government, giving motorists a safer, longer lasting and better-quality road.

The list of completed work on the 42-kilometre section of road between Glenugie and Tyndale includes:

• the installation of centre median wire rope barriers at Glenugie
• the installation of roadside barriers, wide centreline and full pavement rehabilitation between Six Mile and Reillys lanes
• installation of wide centreline and full pavement rehabilitation at Bom Bom south of Grafton
• removal of trees from within the clear zone and shoulder widening at Oppys Gully
• removal of trees and placement of roadside safety barrier north of Eight Mile Lane
• upgrading of safety barriers at Cowper and;
• pavement rehabilitation, shoulder widening, installation of a one metre wide median and safety barrier installation between Cowells Lane and Cowper

Minister for Regional Transport and Roads Jenny Aitchison said:

“The Big River Way, as the former Pacific Highway, carried large volumes of traffic, making it difficult to carry out major improvements without impacting heavily on motorists.

“The opening of the Pacific Motorway has reduced traffic volumes on the Big River Way significantly, allowing us to complete these much-needed projects.

“Before the motorway opened 10,000 vehicles (including 2000 heavy vehicles) passed through places like Ulmarra each day.

“Since the motorway opened, the number of vehicles has fallen by between about 5000 to 6500 vehicles a day, including heavy vehicles, a massive boost for safety and easing congestion for local motorists.”

Emily Suvaal MLC, Labor spokesperson for Clarence said:

“These works on the Big River Way have delivered safety improvements through the widening of the centreline in a number of locations, the installation of wire rope barriers in the median and roadside safety barriers.

“A wider centre line provides extra distance between oncoming vehicles, which reduces the risk of collision, while the wire barriers are designed to prevent vehicles crossing to the wrong side of the road.

“We’ve also improved intersections at Eight Mile and Six Mile lanes, at Centenary Drive, Heber Street in South Grafton, Swan and McLachlans lanes and Coldstream Road.”

NAPLAN testing begins today for 400,000 primary and high school students across more than 3,000 schools in NSW.

NSW students make up a significant portion of Years 3, 5, 7 and 9 students sitting tests across the country over the next nine days.

This will be the second year that schools will sit tests in Term 1 instead of Term 2 and be assessed against more robust literacy and numeracy standards.

The updated standards were implemented for the first time in 2023, with NSW schools adapting well to earlier testing and continuing the trend of strong participation across the state.

Schools in NSW can expect to see results for their school from the start of Term 2, ensuring students can receive timely, targeted support.

The results will be reported against the new proficiency standards that were introduced in 2023, with four levels of achievement for each year level. They replace the previous scale which reported against six bands.  

The updated reporting model aims to better support schools identifying students who may need additional support, as well as those who are meeting and surpassing learning expectations.

NAPLAN is one tool teachers use to assess student progress.

NAPLAN will run for nine days, ending on Monday 25 March 2024. For more information visit NESA at nsw.gov.au

Deputy Premier and Minister for Education and Early Learning Prue Car said:

“All the best to our students preparing to sit their NAPLAN tests from today.

“NAPLAN helps to build an understanding of where our students are at, and I know our teachers use this information alongside other assessments and reports, to achieve the best outcomes for students.

“The NSW Government knows that literacy and numeracy are the foundations of learning, which is why we gave teachers and schools more time to successfully implement the new NSW curriculum being rolled out by 2027.

“We need to ensure our students have the skills they need, which is why we’re committed to delivering a world-leading curriculum.”

SafeWork NSW, Building Commission NSW, and TAFE NSW have partnered to provide an online ‘Asbestos Awareness and Safety’ course free to the public to increase awareness of the safety risks relating to asbestos.

This short self-directed online course, called a microskill, is aimed at anyone likely to encounter asbestos in their workplace.

It is hosted on the Construct NSW digital learning platform, part of a wider suite of courses built in collaboration with the Department of Customer Service and Building Commission NSW.

The NSW Government priority is to ensure the safety of workers and the community when managing asbestos.

Recent reports of asbestos in mulching products has highlighted the need for readily available asbestos awareness training.

The ‘Asbestos Awareness and Safety’ microskill will be free to anyone in Australia for a period of 3 months, with the potential for extension pending public demand.

The 2-and-a-half-hour course covers:

• recognising the risk and serious long-term impacts of asbestos exposure
• recognising the roles, responsibilities, and legislation for asbestos related work
• how to determine if asbestos containing material may be present
• identifying asbestos containing materials and hazardous activities that lead to asbestos exposure
• identifying suitable control measures for asbestos and asbestos containing materials (ACM)
• how to safely handle asbestos and ACM
• inspecting worksites and communicating asbestos risks and asbestos controls with an informed perspective.

Completion of the course provides asbestos awareness training. Further training is required to conduct licensed asbestos removal work.  

Members of the public can register for the course at TAFE NSW.

NSW Minister for Work Health and Safety, Sophie Cotsis said:

“Everyone should know how to identify, and if necessary, handle asbestos in their home, workplace or in a public place because of the serious health issues this substance can cause.

“I fully endorse the proactive approach by SafeWork to ensure asbestos education is increased in the community and ensure this course is free.”

NSW Minister for Building, Anoulack Chanthivong said:

“Helping to develop and deliver this program is part the mandate we’ve given Building Commission NSW to ensure all those in the industry are up to date with rules and regulations designed to protect residents, workers and communities.

“Building Commission NSW is even more than just a tough cop on the beat, it’s also tasked with lifting skills across the sector. This fully discounted course on the Construct NSW digital learning platform provides greater opportunities for everyone, including small businesses and individuals, to upskill when it comes to asbestos risk.”

NSW Minister for Skills, TAFE, and Tertiary Education, Steve Whan said:

“This announcement reiterates the NSW Government’s commitment to providing training solutions for local communities across NSW.

“TAFE NSW will provide free access to this course, making it easier than ever for the community to gain asbestos awareness training.”

Head of SafeWork NSW, Trent Curtin, said:

“Asbestos is still found in 1 in 3 homes in Australia, meaning that everyone should know how to properly identify and safely handle products containing asbestos.

“Making the ‘Asbestos Awareness and Safety’ microskill course free and readily available ensures everyone who comes across potentially hazardous asbestos are equipped with the knowledge to manage the situation.

“Even if it is not a part of your day-to-day duties, knowledge on the proper processes for the management of asbestos is something you can use to not only protect your own health, but the health of those around you.”

NSW seniors are showing age is no barrier to fun with 30,000 people flocking to Darling Harbour to enjoy the NSW Seniors Festival Expo and Premier’s Gala Concerts on 13-14 March.

The Premier’s Gala Concerts and NSW Seniors Expo are highlights of the festival which features a fortnight of events running across NSW.

Minister for Seniors Jodie Harrison said more than 500,000 seniors attend activities during the NSW Seniors Festival, making it the biggest celebration for seniors in the Southern Hemisphere.

The NSW Seniors Festival and Gala Concerts are the government’s way of making sure seniors enjoy the benefits of living longer and have opportunities to participate in, contribute to and be included in their communities – key principles in our 10-year Ageing Well Strategy.

The sold-out Premier’s Gala Concerts will have seniors dancing in the aisles with performances by Damien Leith, Darren Coggan, Paulini, and Julie Lea Goodwin.

Cubby house building, cooking demonstrations and a sports hub are just a few of the activities running at the NSW Seniors Festival Expo with a record 85 exhibitors offering something to suit everyone.

The Premier’s Gala Concerts will be live-streamed so people can watch no matter where they are.

The NSW Seniors Festival encourages older people to lead active lifestyles and participate at all levels in our community with activities running until 24 March. The NSW Government has provided $200,000 in funding to local councils and community groups to ensure there is something for everyone to enjoy during the festival.

For more information and to register for the concert live stream, visit the NSW Seniors Festival website.

Minister for Seniors Jodie Harrison said:

“It is an exciting time for our seniors as we celebrate and support their remarkable contributions to our communities through this fantastic event.

“It’s a privilege to deliver an event of this kind every year. With this year’s theme ‘Reach Beyond’, we are encouraging older people to seek new experiences and make new friends.

“This event is not to be missed and we can’t wait to see our seniors out and about enjoying the festivities.”

The NSW Government will today introduce a bill to parliament to ban LGBTQ+ conversion practices, fulfilling a key election commitment.

Conversion practices, which can include so-called “conversion therapy” and suppression practices, are formal or informal practices based on the false ideology that LGBTQ+ people have a ‘disorder’ or require treatment. Evidence shows that conversion practices are dangerous and damaging.

The legislative reform has been carefully considered and developed to protect LGBTQ+ people, while acknowledging and respecting longstanding religious and cultural beliefs and practices.

The Department of Communities and Justice and NSW Ministry of Health were tasked with jointly leading a working group who consulted extensively with a range of stakeholders.

These stakeholders included members of the health, education, legal and government sectors, faith and multicultural organisations, LGBTQ+ community advocates and victim-survivors, academics, and researchers, as well as others nominated by these stakeholders as having relevant views or expertise.

The Government has also considered legislation in other jurisdictions where conversion practices are outlawed, including in Victoria, Queensland, the Australian Capital Territory, New Zealand and Canada.

The proposed reform integrates feedback received through this process, while also reflecting the government’s continued commitment to supporting religious freedom.

Expressing a belief through sermon, taking offence at religious teachings, and seeking guidance through prayer will not be included in the ban.

NSW Premier Chris Minns said:

“Every person in NSW deserves to be respected for who they are and that’s exactly what these new laws will do.

“It is intolerable that we have a situation in NSW where children can be told something is wrong with them and that they need to be fixed.

“I’ve personally met with survivors of conversion practices and know how important it is that we put an end to this.”

Leader of the Government in the Legislative Council Penny Sharpe said:

“LGBTQ+ people are fine just the way they are.

“There is no place in NSW for harmful conversion and suppression practices.

“Thank you to advocates from the LGBTQ+ community, in particular victim survivors who have told their stories so that others will no longer be harmed.”

Minister for Health Ryan Park said:

“Conversion practices are incredibly harmful and have severely damaging health impacts. I am proud to be part of a government that is delivering on its commitment to stop them.

“These landmark reforms are the result of diligent and extensive work and consultation across a wide range of stakeholders to ensure the model is tailored to NSW. We want them to function effectively and as we intend.

“We have worked closely with a wide range of health experts to ensure that this Bill is fit for purpose and provides clarity around obligations for practitioners.”

Attorney General Michael Daley said:

“Conversion practices are known to cause significant ongoing trauma because they try to force LGBTQ+ people to change or suppress their sexual orientation or gender identity.

“We have carefully considered this legislation, developing it thoughtfully following extensive consultation to ensure that it strikes the right balance between protecting vulnerable communities as well as legitimate religious and cultural practices.

“The Government does not intend to ban the teachings of a religious leader or expression of a religious belief through sermon.

“We have been guided by a core principle – that all people across NSW should be able to live free of practices that cause harm and be protected by evidence-based protections which the community expect, deserve and can rely upon.”

The NSW Government has launched a new Vehicle Emissions Star Rating website to help drivers consider sustainability when making their next vehicle purchase.

A simple six-star rating system will allow consumers to compare the carbon dioxide emissions of new and second-hand cars, utes and vans. The more stars a vehicle has, the lower the vehicle’s CO2 emissions.

The rating applies to vehicles across Australia and was developed in collaboration with Commonwealth, state and territory governments.

The Vehicle Emissions Star Rating website has launched with ratings for light vehicles dating back to 2004. Consumers can compare more than 16,000 different models and variants.

The website has fully customisable calculators that allow consumers to input the actual price they pay for fuel or electricity, and consider annual costs based on the distances they drive, rather than just being offered information based on averages that can vary widely.

The information on emissions and efficiency is provided in a simple, visual format to help consumers make choices.

It is supported by useful articles and information on vehicle emissions, how different vehicles are powered, and how driving style and maintenance may reduce emissions.

The Vehicle Emissions Star Rating website also provides information on electric vehicles, including locations of charging infrastructure, battery recycling and the differences between electric vehicles, hybrid vehicles and internal combustion engine vehicles.

Consumers are encouraged to visit www.vesr.gov.au

Minister for Climate Change and Energy Penny Sharpe said:

“The Vehicle Emissions Star Rating website offers information on emissions and efficiency in a simple format so consumers can choose a new or used car which reduces their emissions.

“This is both good for their hip pocket, and good for the environment.

“Battery EVs are the cleanest light vehicles, receiving a six-star rating because they do not produce any tailpipe emissions. The NSW Government is supporting their uptake by growing the network of EV chargers across the state.”

Community assets in 4 severely flood impacted Central West Local Government Areas will be repaired and upgraded to protect from future disasters through the Albanese and NSW Governments’ Community Assets Program.

The $25 million program will enable the Cabonne Shire Council, Forbes Shire Council, Lachlan Shire Council and Parkes Shire Council to repair, restore and improve the resilience of community infrastructure directly damaged by storms and floods in August and September 2022.

Councils can apply for up to $4 million for individual projects to repair assets and bring them to a standard that is more resilient and better able to withstand future natural disasters.

The types of damaged community infrastructure eligible for funding include parks, walkways, community buildings, and tourism and recreational facilities.

The program is jointly funded under the Commonwealth-State Disaster Recovery Funding Arrangements (DRFA), with project funding to be administered by the Department of Regional NSW.

Find out more about the community assets program.

Federal Minister for Emergency Management Murray Watt said:

“This significant investment by both the Albanese and Minns Governments will provide support for the ongoing reconstruction in these communities, which have withstood several years of consecutive flooding events.

“This program will help to rebuild playgrounds, walkways and community facilities to a more resilient standard so they are able to withstand future disasters.

“This is another example of both levels of government working together to change the way we recover from and prepare for disasters, so that communities are less exposed in the future, as disasters become increasingly frequent and intense.

“We continue to work with the Minns Government in supporting long-term recovery needs in the Central West.”

Minister for Regional NSW Tara Moriarty said:

“In recent years, severe weather and flooding events have caused significant damage to local community infrastructure across our regions, including in Central West NSW.

“Regional communities need this support to repair damaged local community infrastructure.

“The Australian and NSW Governments are helping disaster impacted communities work towards rebuilding their communities and spirits while ensuring that their community assets are more resilient than ever.”

Minister for Emergency Services Jihad Dib said:

“The NSW Government is deeply committed to the wellbeing of local communities and is pleased to be joining the Commonwealth in providing funds to build more resilient local infrastructure.

“These facilities can be a focal point bringing community together and this investment is one way we can assist. We urge Councils to get their applications in so the assessment process can begin and residents can see their vitally needed community facilities back in place and built to withstand future events.”