A recent decision of the Land and Environment Court highlights the considerations that arise when amending charges defective because of duplicity. A duplicitous charge is one in which the charge, on its face, alleges more than one offence. The Charges…
The Land and Environment Court recently ruled that a voluntary interview between a Council officer and an individual was properly characterised as ‘required questioning’. As the individual’s answers were required, he should have been warned that he may object to…
On Thursday 24 October 2019, the NSW State Government introduced the Environmental Planning and Assessment Amendment (Territorial Limits) Bill 2019 which will amend the Environmental Planning and Assessment Act 1979 (‘EPA Act‘). The bill, if passed, will insert a new…
Regulatory authorities commonly issue statutory notices that require a person to furnish information or records. The Supreme Court recently considered such a notice, and provided useful guidance on the legal principles determinative of when a notice will be a valid…
The NSW Court of Criminal Appeal (CCA) has overturned a controversial decision of the Land and Environment Court (LEC) concerning the waste laws in NSW. The decision confirms that any processed building and demolition waste temporarily stored on land for…
Exceptions to prohibitions on disclosure of personal information- Council’s law enforcement powers
19 Aug, 2019
The NSW Civil and Administrative Tribunal has confirmed that it is not a breach of the Privacy and Personal Information Protection Act 1998 (‘PPIP Act‘) to disclose personal information to a local council to enable the council to carry out investigations…
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…