Legal Insights

PFAS Rules Incoming: NSW EPA to Tighten Monitoring for Waste Facilities

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• 03 July 2025 • 2 min read

The NSW Environment Protection Authority (EPA) has released its position statement on the implementation of the per- and polyfluoroalkyl substances (PFAS) National Environmental Management Plan 3.0 (NEMP 3.0). This development is particularly relevant for owners and operators of sewage treatment plants and landfills in New South Wales, as the EPA has signalled that it may introduce PFAS monitoring requirements as part of environmental licence conditions.

NEMP 3.0, issued by the Commonwealth Government in March 2025, provides an updated national framework for the environmental management of PFAS-contaminated materials and sites. The updated plan introduces new guidance and standards, including:

  • guideline values for investigation and risk assessment;
  • updated guidance on the remediation of contaminated land;
  • guidance on the reuse of resource recovery products; and
  • risk-based criteria for the reuse of PFAS-contaminated biosolids.

The framework is expected to be further updated following the finalisation of the Australian Drinking Water Guidelines by the National Health and Medical Research Council.

In its position statement, the NSW EPA confirms its support for NEMP 3.0 and outlines a staged, risk-based approach to its implementation. Notably, NEMP 3.0 indicates that, as part of the transition, the EPA is considering the inclusion of PFAS monitoring requirements in environmental licences for sewage treatment plants and landfills. These potential requirements will be developed in consultation with key stakeholders during the second half of 2025.

Next steps for industry and local council operators

We recommend that operators of sewage treatment facilities and landfills closely monitor these developments and actively engage in the consultation process once it commences. Early involvement will ensure that stakeholders can provide input into the design and scope of any future regulatory requirements related to PFAS monitoring.

Would you like to discuss this issue further?

Please contact our team

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