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Legislation Monitor

POEO Act – Offence Tiers and Penalties

High severity
NSW · Environmental Protection Chapter 5 § 114-119
The obligation
The Act sorts environment protection offences into three tiers. Tier 1 offences, committed wilfully or negligently, carry the highest penalties, including imprisonment.
Tier 1 offences are those in Part 5.2. Tier 2 offences are all other offences under the Act or regulations. Tier 3 offences are tier 2 offences that can be dealt with by penalty notice under Part 8.2. Disposing of waste wilfully or negligently in a way that harms or is likely to harm the environment is a tier 1 offence. Both the person and, if different, the owner of the waste commit it. …
What
The Act sorts environment protection offences into three tiers. Tier 1 offences, committed wilfully or negligently, carry the highest penalties, including imprisonment.
Source
legislation.nsw.gov.au

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Labels
offences penalties tier-1 tier-2 tier-3 enforcement liability
Official sources
Frequently asked questions

Which WHS law does this come from?

POEO Act – Offence Tiers and Penalties is a WHS requirement set out in Protection of the Environment Operations Act 1997 (NSW). The relevant provision is Chapter 5 § 114-119.

What does this WHS obligation require?

POEO Act – Offence Tiers and Penalties is a WHS obligation under Protection of the Environment Operations Act 1997 (NSW). In short, The Act sorts environment protection offences into three tiers. Tier 1 offences, committed wilfully or negligently, carry the highest penalties, including imprisonment.

What changed recently?

POEO Act – Offence Tiers and Penalties was last updated on 19 October 2026.

About this Topic

JurisdictionNSW
CountryAustralia
Updates trackedMonitoring
Monitoring detail
First seenOct 2026