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Changes to POEO (Noise Control) Regulations
The Protection of the Environment Operations (Noise Control) Regulation 2026 (2026 Noise Control Regulation) commenced on 28 August 2026, repealing and replacing the 2017 Noise Control Regulation. The 2026 Noise Control Regulation retains the framework for controlling common sources of…
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What is a “reasonable excuse” for not complying with a clean-up notice?
Under s 91 of the Protection of the Environment Operations Act 1997 (POEO Act), an appropriate regulatory authority may give a person a clean-up notice requiring the person to take clean-up action in respect of a pollution incident. A person…
Managing Coastal Hazards: the Permissibility of Coastal Protection Works on Private Land
Protecting beachfront properties from exposure to coastal erosion and hazards is an ongoing problem across much of the NSW coast and made worse by climate change. Recently, the Land and Environment Court (Court) considered whether development consent should be granted…
Council liability for footpath hazards and when is it protected from liability?
In two recent decisions, the NSW Court of Appeal (CoA) has considered when a local council may be liable in negligence for injuries caused on council footpaths and verges. These cases are useful reminders of a council’s duty of care…
Noise Prevention Notice and the Necessary Evidentiary Foundation of Reasonable Suspicion
A recent decision handed down by the Land and Environment Court provides useful guidance on the evidence that needs to be collected before a council or the EPA should issue a prevention notice relating to noise pollution under section 96…
Bill to Further Strengthen Environmental Protection Introduced into NSW Parliament
The Environmental Legislation Amendment Bill 2025 (Bill) was recently introduced in the NSW Parliament. The Bill proposes significant changes to a number of environmental laws which are relevant to local councils and state agencies, particularly the Protection of the Environment…
Can local councils issue orders and notices relating to State government land and buildings?
Local councils are authorised under the Environmental Planning and Assessment Act 1979 (EPA Act) and the Local Government Act 1993 (LG Act) to regulate land and buildings within their local government areas, amongst other things, by issuing statutory notices and…
Sentencing Principles Explained – Q & A #3
This is the final blog in our series about sentencing principles in criminal prosecutions commenced by local councils and government departments. Our previous blogs can be read here: Sentencing Principles Explained – Q & A #1 and here: Sentencing Principles Explained…
Sentencing Principles Explained – Q & A #2
Introduction This is the second blog in our series about sentencing principles in criminal prosecutions commenced by local councils and government departments. Our first blog can be read here: Sentencing Principles Explained – Q & A #1. In this blog, we answer…
Sentencing Principles Explained – Q & A #1
Introduction This is the first in a series of posts about sentencing principles in criminal prosecutions commenced by local councils and government departments. In prosecution proceedings, a defendant will be sentenced by the Court after they are found guilty of…
The new ‘FOGO’ recycling scheme for NSW
The Protection of the Environment Legislation Amendment (FOGO Recycling) Act 2025 (FOGO Act) has been passed by Parliament. This Act, which amends the Protection of the Environment Operations Act 1997 (POEO Act), mandates the collection of food organics and garden…
A guide on powers of entry: residential premises
Authorised Council officers are given broad powers to enter and search premises under a range of legislation, including the Environmental Planning and Assessment Act 1979 (EPA Act), the Local Government Act 1993 (LG Act) and the Protection of the Environment…