The obligation
A person carrying on an activity must immediately notify each relevant authority of a pollution incident that causes or threatens material harm to the environment.
Part 5.7 applies where a pollution incident occurs in the course of an activity so that material harm to the environment is caused or threatened. Harm is material if it involves non-trivial actual or potential harm to human health or safety or to ecosystems, or actual or potential loss or property damage exceeding $50,000 (or another prescribed amount).
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- What
- A person carrying on an activity must immediately notify each relevant authority of a pollution incident that causes or threatens material harm to the environment.
- Source
- legislation.nsw.gov.au
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Labels
pollution-incident
notification
material-harm
part-5-7
s148
Official sources
Frequently asked questions
Which WHS law does this come from?
Duty to Notify Pollution Incidents Causing Material Harm is a WHS requirement set out in Protection of the Environment Operations Act 1997 (NSW). The relevant provision is Part 5.7 § 148.
What does this WHS obligation require?
Duty to Notify Pollution Incidents Causing Material Harm is a WHS obligation under Protection of the Environment Operations Act 1997 (NSW). In short, A person carrying on an activity must immediately notify each relevant authority of a pollution incident that causes or threatens material harm to the environment.
What changed recently?
Duty to Notify Pollution Incidents Causing Material Harm was last updated on 8 October 2026.
