A recent decision in Land and Environment Court confirms that a prosecutor can use information obtained under a compulsory investigative notice for the purposes of gathering further evidence in prosecution proceedings. In this case the Court rejected a argument that…
We are often asked to advise clients on the issuing and enforcement of orders pursuant to s124 of the Local Government Act 1993 (LG Act). A recent decision serves as a reminder that if LG Act orders are not complied…
Powers of entry to residential land clarified
14 Sep, 2020
This decision relates to the latest instalment of the cases involving members of the Bobolas family and Waverley Council (‘Council‘) with the Council issuing orders to require or allow the clean-up of the accumulation of waste that creates a public…
The Land and Environment Court (LEC) was recently required to consider whether certain work was exempt as ‘minor’ works under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP). The issue arose in the course of…
The Land and Environment Court has recently considered whether a development control order (Order) was validly issued under the Environmental Planning and Assessment Act 1979 (EPA Act). This decision provides useful guidance to local councils on a number of the…
The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 passed both houses of the NSW Parliament last week. The Act applies to building works to a residential apartment building that are authorised to commence in accordance with a construction…
New Certifier Regulations – Impacts for Councils
8 May, 2020
The Building and Development Certifiers Act 2018 (‘BDC Act‘) will commence on 1 July 2020 together with the Building and Development Certifiers Regulation 2020 (‘BDC Reg‘). This article discusses the key regulatory changes they will bring and how these changes…
The Land and Environment Court recently examined the meaning of ‘occupier’ in the context of a prevention notice issued under the Protection of the Environment Operations Act 1997 (POEO Act). This issue is important as regulatory authorities’ powers to issue prevention…
The Minister for Planning and Public Spaces has responded to the COVID-19 pandemic by seeking to address certain planning law impediments to the replenishment of retail stocks in the light of unprecedented demand. State Environmental Planning Policy Amendment (COVID-19 Response)…
The flaws in the private certification regime have surfaced again. The Land and Environment Court has held in Omaya Investments Pty Limited v Dean Street Holdings Pty Limited (No 5) [2020] NSWLEC 9 that the modification of a construction certificate…
A recent decision in the Land and Environment Court (Court) highlights a potential stumbling block for councils when taking enforcement action. The decision reinforces the fact that the Court’s Class 1 jurisdiction, being merits review in nature, is limited as…
The 5 common mistakes made in investigations
10 Jan, 2020
Conducting a successful investigation is a complex and difficult task, and investigators need to have a firm grasp on the best techniques to ensure that they gather strong and admissible evidence for future enforcement action. In this blog we look…