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…
Late in 2024, the Land and Environment Court imposed record fines for the unlawful clearing of native vegetation in Secretary, Department of Planning, Industry and Environment v Ronald Lewis Greentree and Auen Grain Pty Ltd [2024] NSWLEC 131. Clearing of native…
Welcome to our third and final article in this series about penalty notices. Let’s take a look at some of the most recent questions we’ve been asked: What does it mean to exercise discretion when issuing penalty notices? This is…
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…