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Eyes in the sky – (some of) the laws applying to use of drones in NSW
Drones are quickly becoming a favourite operational tool for government agencies, as they provide an affordable and effective means to carry out a range of functions such as surveillance, surveys of unauthorised development, and emergency and hazard management. However, the…
Is it mandatory to consider the biodiversity offsets proposed in a DA ?
A recent decision by the Land and Environment Court provides some guidance on how a proposal to offset biodiversity impacts must be considered in determining a development application under Part 4 of the Environmental Planning and Assessment Act 1979 (EPA Act). Although…
When can a development control order be served by email?
The Land and Environment Court has recently considered whether a development control order (Order) was validly issued under the Environmental Planning and Assessment Act 1979 (EPA Act). This decision provides useful guidance to local councils on a number of the…
The 5 common mistakes made in investigations
Conducting a successful investigation is a complex and difficult task, and investigators need to have a firm grasp on the best techniques to ensure that they gather strong and admissible evidence for future enforcement action. In this blog we look…
Restrictive LEC interpretation of the waste laws overturned by CCA
The NSW Court of Criminal Appeal (CCA) has overturned a controversial decision of the Land and Environment Court (LEC) concerning the waste laws in NSW. The decision confirms that any processed building and demolition waste temporarily stored on land for…
Time limits for the issuing of Penalty Notices
Enforcement agencies (Agency), such as local councils, regularly use penalty notices (PINs) such as for environment and planning offences under the Environmental Planning and Assessment Act 1979 (EPA Act) and the Protection of the Environment Operations Act 1997 (POEO Act). A…
Multiple development consents for the same site – what conditions apply?
The Land and Environment Court’s decision in Secretary, Department of Planning and Environment v Leda Manorstead Pty Ltd (No 4) [2019] NSWLEC 58 is a useful reminder of the key principles that apply where multiple development consents operate on the…
Land Rating – When is land used ‘for’ residential accommodation?
A recent decision of the NSW Court of Appeal deals with whether land being developed for the purpose of residential apartments can be categorised as ‘residential’ for rating purposes under s516 of the Local Government Act 1993 (LG Act).
Executive liability – who it captures, and what can be done to avoid it
The issue of executive liability is an important topic for directors or persons concerned in the management of corporation who may be liable for the offences of a corporation. This article briefly examines the basis for liability including liability for…
Defamatory statements in political discussion – when are they protected?
A recent NSW Supreme Court case concerning defamatory statements made against a local councillor provides useful guidance on when the defence of “honest opinion and fair comment” will be made out. This decision assists councillors and other politicians in understanding when the law will and will…
Council clean-up of polluted sites – lessons for recovering costs
Recent decisions of the Land and Environment Court show that public authorities, including local councils, can pursue individual directors to recover their clean-up costs where a corporation is deregistered.
Caltex Australia Petroleum is fined a record amount for petrol spill
Caltex Australia Petroleum Pty Ltd (Caltex) has been convicted and ordered by the Land and Environment Court to pay a record fine of $400,000 and costs of $450,000 for a petrol spill at its Banksmeadow fuel terminal in Port Botany.