The obligation
New offence of dumping more than 50L or 50kg of waste/litter in a public or open private place, sitting between littering and common waste offences.
Section 144AE of the POEO Act (inserted by the Act) creates a new offence of dumping more than 50L or 50kg of litter or waste in a public place or open private place, or causing/permitting such conduct. The offence fills a gap between minor littering and major waste offences. Enforcement officers listed in Schedule 6 of the POEO (General) Regulation 2022 may issue penalty notices.
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- What
- New offence of dumping more than 50L or 50kg of waste/litter in a public or open private place, sitting between littering and common waste offences.
- Source
- epa.nsw.gov.au
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illegal dumping
waste
litter
POEO Act
local councils
NSW EPA
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epa.nsw.gov.au
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Frequently asked questions
Which WHS law does this come from?
New Mid-Tier Illegal Dumping Offence (>50L or 50kg) is a WHS requirement set out in Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024 (NSW). It is made under Protection of the Environment Operations Act 1997 (NSW). The relevant provision is NSW > Environment > POEO Act > Waste Offences § POEO Act ss 144AE, 144AG.
What does this WHS obligation require?
New Mid-Tier Illegal Dumping Offence (>50L or 50kg) is a WHS obligation under Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024 (NSW). In short, New offence of dumping more than 50L or 50kg of waste/litter in a public or open private place, sitting between littering and common waste offences.
What changed recently?
New Mid-Tier Illegal Dumping Offence (>50L or 50kg) was last updated on 3 September 2026.