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.
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- 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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offences
penalties
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tier-2
tier-3
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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.