Enforcement & compliance

Process & evidence driven, by necessity

From investigating and enforcing a breach of legislation or helping you or your organisation respond to a prosecution by a regulatory authority, LTL’s enforcement and compliance team can assist you to achieve the best possible outcome.

Led by Stuart Simington, a former state government environmental prosecutor, our team is highly skilled at prosecutions and investigations under planning and development, building, local government and environmental legislation.

Working primarily with state and local government regulatory authorities, we are regularly engaged in a range of planning and environment offence matters such as development without consent, large scale clearing of native vegetation and pollution matters, to local government prosecutions including dangerous dog declarations and breaches of food safety standards.

In all steps of compliance and enforcement – acting for both prosecutors and defendants – we are doggedly driven by process and evidentiary considerations, whether it be the drafting and issuing of notices, gathering of evidence or preparing a brief. Experience has taught us that details matter if an offence is to be proven.

Where we can assist

Our work covers, but is not limited to:

  • advice in relation to the exercise of enforcement powers and the conduct of investigations, including powers of entry, inspection, testing, evidence gathering and direction
  • preparing and responding to statutory notices under the Protection of the Environment Operations Act 1997 and the Environmental Planning and Assessment Act 1979,
  • drafting and reviewing orders and other enforcement notices under various legislation
  • evidentiary review and advising on the prospects of success in regard to proposed prosecutions
  • appearing in civil enforcement matters and criminal prosecutions in the Land & Environment Court, NSW Court of Criminal Appeal, Local Court and District Court and regulatory matters in the NSW Civil and Administrative Tribunal
  • assisting in the development of robust systems and processes in relation to investigations and prosecutions
  • undertaking training and workshops with enforcement staff