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NSW EPA concedes more protection for individuals subject to “special executive liability”

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 [2018] 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.

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© Wotton + Kearney 2018
This publication is intended to provide commentary and general information. It should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this publication. Persons listed may not be admitted in all states and territories.
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