Obligation to report and manage pollution incidents

The obligation to report and disclose information about particular activities that cause or threaten pollution is assuming increasing importance in environmental law. All jurisdictions in Australia impose notification require- ments. However, these requirements differ in each jurisdiction as to when notification is required, who must notify and be notified and as to the maximum penalty which can be imposed for failure to do so. More recently New South Wales has made significant changes to its legislation imposing more onerous notification and management requirements and drastically increasing penalties for non-compliance. This article will examine the changes to the NSW legislation and the factors giving rise to these changes – in particular the “Orica incident”. It will then compare the current NSW position with other jurisdictions in Australia. The article argues that greater standardisation is required in respect to reporting requirements and penalties.