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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.
Protection of Marine Environments through new Coastal Management Reforms – opportunities and challenges
As we recently blogged, the NSW Government has released the much anticipated draft State Environmental Planning Policy (Coastal Management) 2016 (CM SEPP) for public comment as part of its broader coastal management reform package (Reform Package). This blog looks at the opportunities under this…
Fire Trails – Whats New?
Under new changes to the Rural Fires Act 1997 local councils and other public authorities will be responsible for the construction and maintenance of fire trails on public land they own or occupy across New South Wales.
Change in direction – new NSW wind energy guidelines released
The NSW Government has released for public consultation a draft ‘New Wind Energy Planning Framework’ (Draft Framework) for large-scale wind energy facilities, which aims to increase investment in wind energy in the state, whilst balancing the needs of the community.
New powers for councils to impound parked boats
The Impounding Act 1993 will be amended by the Impounding Amendment (Unattended Boat Trailers) Act 2015 from 1 July 2016, to give local councils and other impounding authorities greater powers to manage boat trailers parked on residential streets and to…
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