The Protection of the Environment Operations (Noise Control) Regulation 2026 (2026 Noise Control Regulation) commenced on 28 August 2026, repealing and replacing the 2017 Noise Control Regulation. The 2026 Noise Control Regulation retains the framework for controlling common sources of…
By 1 September 2026, two key changes will have been made to the implementation of the Local Land Services Act 2013 (the LLS Act), in particular with respect to the regulation of native vegetation clearing in certain non-urban areas of…
Under s 91 of the Protection of the Environment Operations Act 1997 (POEO Act), an appropriate regulatory authority may give a person a clean-up notice requiring the person to take clean-up action in respect of a pollution incident. A person…
A recent decision of the NSW Supreme Court, in which LTL were pleased to act for the prosecutor, resolved a longstanding question about the ability of the NSW Food Authority to commence criminal proceedings in its own name for breaches…
This blog is part of our LTL in Focus: Certifier Series. The Certifier Series deals with questions, issues and changes affecting both private and local council certifiers. In this blog we discuss the issues that arise when building work is…
A recent decision handed down by the Land and Environment Court provides useful guidance on the evidence that needs to be collected before a council or the EPA should issue a prevention notice relating to noise pollution under section 96…
The Environmental Legislation Amendment Bill 2025 (Bill) was recently introduced in the NSW Parliament. The Bill proposes significant changes to a number of environmental laws which are relevant to local councils and state agencies, particularly the Protection of the Environment…
Local councils are authorised under the Environmental Planning and Assessment Act 1979 (EPA Act) and the Local Government Act 1993 (LG Act) to regulate land and buildings within their local government areas, amongst other things, by issuing statutory notices and…
This is the final blog in our series about sentencing principles in criminal prosecutions commenced by local councils and government departments. Our previous blogs can be read here: Sentencing Principles Explained – Q & A #1 and here: Sentencing Principles Explained…
Introduction This is the second blog in our series about sentencing principles in criminal prosecutions commenced by local councils and government departments. Our first blog can be read here: Sentencing Principles Explained – Q & A #1. In this blog, we answer…
Introduction This is the first in a series of posts about sentencing principles in criminal prosecutions commenced by local councils and government departments. In prosecution proceedings, a defendant will be sentenced by the Court after they are found guilty of…
Yesterday, the NSW Government announced a review of the Companion Animals Act 1998 (CA Act). The CA Act sets out the duties and responsibilities of owners of companion animals and allows for enforcement action by local councils. The CA Act was…