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…

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…

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…

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…

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…

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).

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…

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…

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 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.

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…

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.