Failure to notify a pollution incident 'as soon as practicable': Environment Protection Authority v Bulga Coal Management

摘要

Recently, the NSW Land and Environment Court handed down its decision in Environment Protection Authority v Bulga Coal Management Pty Ltd {Bulga). While over the years there have been prosecutions for failure to notify a pollution incident "as soon as practicable" under s 148 of the Protection of the Environment Operations Act 1997 (NSW) (POEO Act), this was the first occasion on which an alleged offender has pleaded not guilty to the offence. Consequently, Bulga provides useful guidance on the interpretation of the elements of the offence and the phrase "as soon as practicable".