It passed! Unpacking the key changes arising from the Environment Legislation Amendment Act 2025

When will the changes come into effect?

The Amendment Act was passed by Parliament on 18 September 2025 and was assented to on 23 September 2025. However, the majority of the changes referred to in the Amendment Act will come into effect on a day(s) to be appointed by proclamation, which has not yet been announced.

As such, not much has changed yet, but changes are expected to come into effect in the coming months, possibly following an education campaign by the NSW Environment Protection Authority (the EPA).

Will I be able to reuse asbestos waste originating from onsite?

Maybe.

The Amendment Act narrows the current broad prohibition in section 144AB of the Protection of the Environment Operations Act 1997 (POEO Act) against the reuse and recycling of asbestos waste to asbestos waste that is received from “off-site”. Once this amendment comes into effect, the reuse asbestos waste originating from onsite will be permitted under the POEO Act in certain circumstances, being where it is regulated by:

• An approved voluntary management proposal, management order or ongoing maintenance order under the Contaminated Land Management Act 1997 (CLM Act), or
• A public positive covenant or restriction imposed under the CLM Act, or
• Chapter 4 of the State Environment Planning Policy (Resilience and Hazards) 2021, which sets out when contaminated land remediation works require development consent or can be carried out without consent.

This reform is particularly significant for developers, who may benefit from reduced construction costs while also lessening pressure on landfill sites.

How will the threshold for reporting pollution incidents change?

To some extent, the threshold for reporting pollution incidents causing or threatening environmental harm will be increased.

In particular, once the relevant provisions of the Amendment Act come into effect, the monetary threshold in section 147(1)(a)(ii) of the POEO Act will increase from $10,000 to $50,000.

Importantly, despite the increased monetary threshold, section 147(1)(a)(i) of the POEO Act will continue to require the immediate reporting of pollution incidents that cause or threaten actual or potential harm to human health or ecosystems that is 'not trivial'. If this threshold is met, the incident must be reported, irrespective of the anticipated financial cost.

Will there now be a central register of Environmental Management Plans (EMP)?

To some extent, yes.

Consistent with the current guidelines, site auditors will be required to provide both the EPA and the relevant local council with a copy of statutory site audit statements and any associated EMPs.

The EPA will then be responsible for maintaining a record of these EMPs and publishing information about them on its website.

The register to be established by the EPA is expected to only capture EMPs provided to it from the commencement of the Amendment Act, as opposed to a complete record of all EMPs ever provided to the EPA.

What notices may be registered on title?

Clean-up and prevention notices issued under the POEO Act.

Where a notice has been issued by a regulatory or public authority, either may apply to the Registrar-General to record the notice against the relevant land.

This amendment may impact, amongst other things, the ability to transact land the subject of such a notice, and thereby increasing the impact of being issued with a clean-up or prevention notice.

What is a “PEP” and what is their potential new role?

Protection of the Environment Policies (PEPs) are instruments used to set environmental standards, goals, protocols and guidelines.¹  They are designed to protect the environment, promote sustainable development, and support the achievement of the NSW Government’s emissions reductions targets. The POEO Act sets out the process for making PEPs, and currently they are only required to be taken into account by NSW Government public authorities.

However, that is set to change.

Section 30 of the POEO Act will be extended to require any person, and not just public authorities, to take any relevant PEP into account when carrying out an activity.

Whilst PEPs are not in and of themselves enforceable, it is foreseeable that they may be incorporated into the conditions of an Environment Protection Licence. In addition, a non-compliance with a relevant PEP may be considered an aggravating factor in any action commenced by a regulator.

What changes have been made to the enforcement of the POEO Act?

Key changes to the enforcement of the POEO Act include:

• IChEMS compliance: the Industrial Chemicals Environmental Management Standard (IChEMS) took effect from 1 July. The Amendment Act will increase the penalty to $1 million for failing to comply with the relevant risk management measures, strengthening deterrence against non-compliance.
• Protection of EPA officers: a new offence will be introduced for harassing an EPA officer. The maximum penalty will be $2 million for corporations plus an additional $240,000 for each day the offence continues. For individuals, the maximum penalty will be $500,000 with $120,000 for each day thereafter.
• Expanded sentencing considerations: Courts will be able to take into account the impact of an offence on Aboriginal cultural values and practices, as well as environmental justice principles.

Please contact our Environment and Planning team if you would like further information about how the Amendment Act might impact your particular situation.

The Bill, Hansard, Current article, Bill page.