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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…
REMINDER: Validly issuing a Development Control Order
A relevant enforcement authority (including a local council) can issue a development control order (DCO) in certain circumstances to require a person to do or refrain from doing things to ensure compliance with the Environmental Planning and Assessment Act 1979…
ALERT: Climate Change (Net Zero Future) Act 2023 commences
The Climate Change (Net Zero Future) Act 2023 (the Act) was recently passed by the New South Wales Parliament, and has commenced operation. The purpose of this landmark legislation is to give effect to the commitments under the 2015 Paris…
Taking enforcement action? Make sure you have identified the correct perpetrator
Before taking enforcement action, it is critical for the enforcement agency to identify the correct perpetrator. A failure to do so may result in the validity of the enforcement action being successfully challenged or defeated. This issue regularly arises in…
LEC upholds approval of Narrabri Coal Mine Extension as legally reasonable
In a significant recent decision, the Land and Environment Court (LEC) upheld the Independent Planning Commission of NSW’s (IPC) approval for an extension of the Narrabri Underground Mine (Mine) as legally reasonable. Background The proceedings were brought by Bushfire Survivors…
Challenging a CDC – the importance of the CDC’s purpose and the scope of s 4.31
The NSW Land and Environment Court (Court) has handed down a decision under s 4.31 of the Environmental Planning and Assessment Act 1979 (EPA Act). Section 4.31 was first introduced on 1 March 2018 and allows the Court to declare a…
Court considers common law defences to water pollution charge under the POEO Act
A recent decision by the Land and Environment Court provides a useful example of the common law defences that may be raised against a charge of an environmental offence, as well as a good reminder of how difficult it can…
Court of Criminal Appeal confirms when a prosecution can be summarily dismissed
A recent decision by the NSW Court of Criminal Appeal (CCA) confirms that the Land and Environment Court (LEC) has the power to summarily dismiss a summary prosecution prior to final hearing when an essential condition of criminality cannot be…
The landmark decision of Sharma v Minister for the Environment is overturned
The Full Federal Court of Australia has upheld an appeal by the Commonwealth Minister for the Environment, overturning a landmark lower court decision that held that the Minister owed a duty of care to protect Australian children from climate change-related…
Environmental Law Reforms – New Offences, Powers and Penalties
The Environmental Legislation Amendment Act 2022 (Amendment Act) has come into force, making significant amendments to environmental protection legislation in NSW. This is our second blog on the Amendment Act. We previously discussed the imposition of new liabilities on current…
Environmental Law Reforms – New Liabilities for Directors and Related Companies
The Environmental Legislation Amendment Act 2022 (Amendment Act) has come into force, making significant amendments to environmental protection legislation in NSW. The Amendment Act primarily seeks to overcome practices that certain industry sectors, businesses and individuals have established to avoid…
Land and Environment Court considers what constitutes the wilful delay or obstruction of an authorised officer
The Land and Environment Court’s decision in McClelland v Environment Protection Authority [2021] NSWLEC 25, considers what constitutes the wilful delay or obstruction of an authorised officer in the exercise of the officer’s powers of investigation, contrary to s211(3) of…
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