Last week, the Land and Environment Court considered a challenge to the validity of a development control order in criminal proceedings. The decision serves as an important reminder for regulatory authorities when drafting development control orders (DCOs). In order to…
On 13 July 2022, the Office of Local Government (‘OLG‘) issued Circular No. 22-19 to commence the consultation process on preferred options for regulations to support the new Public Spaces (Unattended Property) Act 2021 (NSW) (‘PSUP Act‘), which are contained…
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…
On 20 May 2022, the Independent Commission Against Corruption (‘ICAC‘) released its report on the investigation (‘Operation Ember‘) into the awarding of contracts by employees of the former NSW Roads and Maritime Services (‘RMS‘), which is now part of Transport…
UPDATE: this post was updated on 30 March 2022 to reflect the Bill’s assent on 24 March 2022. In response to the COVID-19 pandemic, the NSW Government implemented a number of regulatory measures on a temporary basis. On 15 February…
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…
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…
The use of evidence that may incriminate – Investigative powers under the POEO Act considered by the Court
16 Feb, 2022
In a recent decision of the NSW Land and Environment Court (Court), the Court considered how investigative powers under the Protection of the Environment Operations Act 1997 (POEO Act) can be used to gather a broad range of evidence and…
On 27 October 2021, the Environmental Planning and Assessment Amendment (Compliance Cost Notices) Regulation 2021 (Amendment) commenced with the purpose of simplifying compliance cost notices (CCN’s). The Amendment has been introduced as a result of council feedback that CCN’s were…
Land and Environment Court considers what constitutes the wilful delay or obstruction of an authorised officer
12 May, 2021
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…
COVID-19 – Investigations via AVL
20 Nov, 2020
In response to the COVID-19 pandemic, a number of Acts were amended to enable authorised officers and investigation officers to take evidence and answers to questions by audio link or audio visual link. Those provisions were repealed on 13 November…
Drones are quickly becoming a favourite operational tool for government agencies, as they provide an affordable and effective means to carry out a range of functions such as surveillance, surveys of unauthorised development, and emergency and hazard management. However, the…