NSW EPA concedes more protection for individuals subject to “special executive liability”Author : Patrick Boardman (Partner) and Gemma Dehn (Special Counsel)Environmental Financial Lines
In recent years, the issue of environmental protection has grown in importance. As a result, the powers of the NSW Environmental Protection Authority (the EPA) to investigate and prosecute environmental offenders (including corporations and individuals) are being increasingly applied.
Last month in Fordham v EPA  NSWCA 167, the EPA clarified that any responses provided by individuals during interviews as part of their investigations of a “special executive liability” offence, cannot be used against the individual in criminal proceedings (if the individual seeks protection under s.212 (3)), which is a reassuring development for affected individuals. However, it is important to note that protection provided by this section is not automatic, and extends only to criminal, not civil, proceedings.
Click below to read our full summary.31/08/2018