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We can expect some reform work in its early stages to be deferred over the coming months. However, some governments appear to be pushing ahead with fairly significant reforms, vintage motorcycling couple everything will kill you so choose something fun poster such as the proposed amendments to the Environmental Protection Act and the NSW Government’s proposed changes to the infrastructure contributions system. Unless the relevant legislation contains an applicable exemption, or one is granted by the regulator, the COVID-19 pandemic and associated interruptions to business operations are not, of themselves, justifications to cease or defer compliance with environmental requirements. If a business causes environmental harm or breaches an approval condition, it may be exposed to regulatory action notwithstanding the circumstances that led to the breach.

In this context, it is critical to understand the options available to support continued compliance, particularly in circumstances where many environmental offences are strict liability. So far, regulator responses to COVID-19 and the willingness of regulators to take a pragmatic, risk-based approach to enforcement of environmental obligations have varied, with some regulators making clear statements that continued compliance is expected, while others foreshadow a more pragmatic approach. The minimum debt to initiate bankruptcy proceedings against an individual will temporarily be increased from $5,000 to $20,000. The time to respond to a bankruptcy notice will be increased from 21 days to six months. The current minimum threshold for creditors to issue a statutory demand on a company will be increased from $2,000 to $20,000 for the next six months. Helpfully, a company will also have six months to respond to a statutory demand, a significant increase from the current 21 day timeframe. This development will ensure that companies have the breathing space