Penalty notices Q&A #2 Welcome back to another discussion about penalty notices, this time focussing on some questions that deal with delegations and issuing multiple penalty notices, and some technical questions. How do I know if I have the power…
Introduction This is the first in a series of posts about penalty notices and fines. Most compliance officers have the power to issue penalty infringement notices (PINs) under a number of different pieces of legislation. As any compliance officer will…
The common law principle of “standing” determines whether a person is entitled to commence proceedings in a particular forum or in respect to a particular issue. Demonstrating a “special interest” in the subject matter of proceedings has generally been sufficient…
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…
On 21 March 2024, the Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Bill 2024 (Bill) was passed by NSW Parliament without amendment. The Bill is now awaiting assent and will commence on a date to be proclaimed. The Minister for…
Introduction In a recent decision, the NSW Court of Appeal once again considered the correct approach to the characterisation of land uses, in this case concerning agriculture. The Court dismissed an appeal from a judgment of the Land and Environment…
Yesterday, the NSW Government introduced the Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Bill 2024 (Bill). The Bill proposes the most significant amendment to the Protection of the Environment Operations Act 1997 (POEO Act) since its commencement. The Bill is intended…
The Independent Commission Against Corruption (the Commission) has published its annual report for the year 2022-23 (the Report), outlining the nature of complaints received and their investigative processes. The Report reflects a substantial increase in complaints reported to the Commission by…
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…
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…
A recent decision by the NSW Court of Criminal Appeal (‘CCA‘) confirms the principles of statutory interpretation and construction that apply to time limitations when commencing prosecutions under the National Parks and Wildlife Act 1974 (‘NPW Act’) and the Biodiversity…
Establishing whether a development consent has lapsed often involves a question about whether the works undertaken on the site have been “physically commenced”. However, it has long been established that works purportedly undertaken that are unlawful because they are in…