Caltex Australia Petroleum Pty Ltd (Caltex) has been convicted and ordered by the Land and Environment Court to pay a record fine of $400,000 and costs of $450,000 for a petrol spill at its Banksmeadow fuel terminal in Port Botany.
To PIN or not to PIN – that is the question
18 Aug, 2016
Increases in the prescribed amount for penalty notices (PIN) for environment and planning offences have seen an increase in the use of PINs, and an increase in the instances where recipients elect to have these matters dealt with by a…
The Land and Environment Court this week adjourned civil enforcement proceedings brought by a Council against an alleged perpetrator and ordered the Council to amend its summons to join an additional party to the proceedings. The joinder of the additional party…
New powers for councils to impound parked boats
13 Apr, 2016
The Impounding Act 1993 will be amended by the Impounding Amendment (Unattended Boat Trailers) Act 2015 from 1 July 2016, to give local councils and other impounding authorities greater powers to manage boat trailers parked on residential streets and to…
Can parking inspectors ‘record’ abuse from drivers?
17 Feb, 2016
The safety of council parking inspectors is a matter of increasing concern across New South Wales as officers are faced with aggressive and abusive drivers when issuing parking tickets. Councils keen to protect their staff are considering equipping officers with audio…
Councils’ new and powerful investigation tool – notices requesting information and records
8 Dec, 2015
The new s119J of the Environmental Planning and Assessment Act 1979 (EPA Act) gives council investigation officers powerful tools to obtain information and or records in respect of matters they are investigating. In this blog we look at this investigative…
The Minister for Planning recently announced the commencement of changes to the Environmental Planning and Assessment Act 1979 (‘EPA Act’), including increasing the maximum penalties for offences and providing greater investigation and enforcement powers to Councils. The changes that provide…
The High Court has overturned the decision of a council which ordered that a dangerous dog be destroyed. Crucial to the High Court’s decision was the finding that the decision to destroy the dog was affected by apprehended bias due to the…
More changes to 10/50 vegetation clearing rules
2 Dec, 2014
Further changes have been announced to the controversial 10/50 vegetation clearing rules amid concern that the rules have been abused for other purposes.
Increased investigative and enforcement powers are being given to officers of local councils and the Department of Planning (‘Investigation Officers‘) by amendments to the Environmental Planning and Assessment Act 1979 (NSW) (‘EPA Act‘) contained in the Environmental Planning and Assessment Amendment Act 2014 (‘Amendment Act‘). The Amendment Act…
10/50 vegetation clearing considered by the Land and Environment Court for the first time
21 Nov, 2014
The decision of Johnson v Hornsby Shire Council [2014 NSWLEC 1215] is the first case where the Land and Environment Court has considered the impacts arising from the 10/50 vegetation clearing entitlement in the context of a development appeal.
The Local Government Act 1993 authorises the service of statutory orders on an individual by sending the order by prepaid post to the recipient. It might also be thought that it would be sufficient to leave an order in the recipient’s mailbox. But…