I am a director of a company. We own a number of buildings where we manufacture cleaning products. I know we have to make sure we dispose of our waste responsibly but it is very expensive. I am worried I will be held responsible for staff dumping some of our waste in the nearby river.
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
nearby river.
Answer by LegalEagle™ staff, Bronte 2024 NSW
- Environmental laws are in place to make sure that businesses run in a way that minimally effects the environment.
- Generally as a company director you bear responsibility with the other directors for your company’s actions including actions done by employees in the course of their employment and you may be prosecuted for an environmental offence.
- Both an individual and a company can be prosecuted for an environmental offence.
- You will need to check what laws apply in your state and territory as the legal tests and defences for environmental offences are different.
- There are also some Commonwealth environmental offences.
- The prosecuting authority will make this decision based on the law and all the circumstances in your case.