---
title: "Pollution incident notification record and follow-up information (NSW)"
url: "https://ailawframework.com/precedents/energy-resources-and-mining/pollution-incident-notification-record"
type: "precedent"
site: "AI Law Framework"
id: "a13-pollution-incident-notification-record"
area_id: "A13"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A13-X20260927-8"]
law_stated_as_at: "2026-10-18"
---

# Pollution incident notification record and follow-up information (NSW)

> Site record for notifying a pollution incident under Part 5.7 of the Protection of the Environment Operations Act 1997 (NSW): whether the duty applies, every relevant authority to notify immediately, the information…

Canonical page: https://ailawframework.com/precedents/energy-resources-and-mining/pollution-incident-notification-record  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

Site record for notifying a pollution incident under Part 5.7 of the Protection of the Environment Operations Act 1997 (NSW): whether the duty applies, every relevant authority to notify immediately, the information required, later information and the record of each call.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Energy, Resources & Mining](https://ailawframework.com/precedents/energy-resources-and-mining.md)
- Jurisdictions: New South Wales
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 4 authorities it cites, for New South Wales.

## When to use it

Use on any mine, quarry, energy or processing site in NSW the moment a spill, leak, discharge or emission causes or threatens material harm to the environment. Notification is required immediately; this record is completed as notification is made, not before it.

## Used for these tasks

- [Prepare the incident notification and report to the safety regulator](https://ailawframework.com/practice/energy-resources-and-mining.md#A13-X20260927-8)

## How AI may be used

AI may help complete the record and the follow-up information from site reports after the first notifications are made; the site manager and lawyer check every fact before it is given to an authority.

**AI may:**

- Fill the record from the site incident report, monitoring data and photographs after the calls have been made
- List the information in s 150 that has not yet been given, so it can be notified as soon as it is known
- Compile a timeline of the incident and the notifications from call logs and emails

**AI must not:**

- Must not be used in a way that delays the immediate notification the Act requires
- Must not state a cause, quantity or concentration that the site data does not support
- Must not decide that the incident is not material harm, or that an exception in s 151 applies

**The lawyer checks:**

- Each relevant authority in s 148(8) was notified immediately and the time and person recorded
- The information given matches s 150 and the site data, and information learned later was notified immediately
- Any regulation prescribing the manner or form of notification (s 149) and any EPA direction (s 151A) has been followed

## Authorities

- [Protection of the Environment Operations Act 1997 (NSW) s 147 (material harm: not trivial harm to health, safety or ecosystems, or loss or damage over $50,000 or the prescribed amount)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1997-156)
- [Protection of the Environment Operations Act 1997 (NSW) s 148 (duty to notify each relevant authority immediately; duties of employees, employers and occupiers; relevant authorities)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1997-156)
- [Protection of the Environment Operations Act 1997 (NSW) ss 149, 150 and 151 (manner of notification; information to be given, including information that becomes known later; incidents not required to be reported)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1997-156)
- [Protection of the Environment Operations Act 1997 (NSW) ss 152 and 153 (offence and maximum penalties; notification required even if incriminating; notification not admissible against the person, but evidence obtained as a result is)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1997-156)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/energy-resources-and-mining/pollution-incident-notification-record and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*
