The NSW Government recently released for public consultation, a discussion paper entitled “Building Stronger Foundations”. The release of this discussion paper comes in the wake of a number of recent media reports of allegedly shoddy building practices, the failure of…
In Environment Protection Authority v Davis [2019] NSWLEC 79 (EPA v Davis), Pain J considered the liability of the general manager of a company for offences arising from the company’s provision of false information to the Environment Protection Authority (EPA),…
Time limits for the issuing of Penalty Notices
13 Jun, 2019
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…
The importance of proper investigation technique – A Council’s investigation process challenged in the LEC
13 Mar, 2019
A recent decision of the Land and Environment Court examined the way in which a Council investigating officer interviewed witnesses, and how the conduct of that officer ultimately affected the evidence relied on by the prosecutor. The decision provides useful guidance…
Councils’ use of EPA Act Investigative Powers clarified by the Court of Criminal Appeal
27 Feb, 2019
In a significant judgment, the Court of Criminal Appeal (Court) has clarified the use of local councils’ investigative powers under s9.22 of the Environmental Planning and Assessment Act 1979 (Act). The Court ruled on when notices to answer questions and produce…
The Department of Planning and Environment has indicated that it is updating its policies and procedures for the safekeeping, release and monitoring of financial securities for enforcement of obligations under conditions of development consent and planning agreements (PA’s). It has also…
In September 2018 the Department of Planning and Environment (‘DPE’) released guidelines for the DPE compliance unit for the operation of remotely piloted aircraft , also known as drones or unmanned aircraft (‘Drones’) in compliance and enforcement functions.
Enforcing the EPA Act – Information obtained under objection may be used for an investigative purpose
27 Jun, 2018
The Land and Environment Court (Court) has recently provided guidance on when evidence, compulsorily obtained under objection against self-incrimination, may then be further used to investigate and later prosecute breaches of the Environmental Planning and Assessment Act 1979 (Act).
The LEC orders 3 years imprisonment in first prosecution involving a ‘repeat waste offender’
18 Jun, 2018
Chief Justice Preston of the Land and Environment Court (Court) recently convicted Mr Dib Hanna Abdallah Hanna (Defendant) of 5 offences against the Protection of the Environment Operations Act 1997 (Act) for repeat waste offending, and sentenced the Defendant to…
The Court orders combined fines of $708,750 for the illegal clearing of native vegetation
13 Nov, 2017
On 24 October 2017 the Land and Environment Court convicted and fined Cory Ian Turnbull and Grant Wesley Turnbull a combined $708,750 for two offences of clearing vegetation in contravention of the now repealed Native Vegetation Act 2003 (‘NV Act‘). These…
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.