Hypothetical proceedings no excuse for non-compliance with a notice

18 Apr, 2018

The Land and Environment Court (‘Court‘) recently considered whether the Environment Protection Authority (‘EPA‘) should be required to provide an undertaking that any information provided by a Company’s Director and Managers (‘Applicants‘) in response to a notice to answer questions…

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Recovery of costs under the POEO Act by Public Authorities

9 Apr, 2018

The NSW Court of Appeal (‘Court‘) recently determined an appeal from the Land and Environment Court (‘LEC‘), where it was argued that Kempsey Shire Council (‘Council‘) was not entitled to recover its clean-up costs under the Protection of the Environment…

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State Government Expands Complying Development

6 Apr, 2018

During 2017 the State Government proposed 2 new codes to expand the range of development which could be carried out as complying development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) . The amendments to the…

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