The NSW Court of Appeal (Court) has unanimously upheld the validity of an order issued by Narrabri Shire Council (Council) requiring a property owner (Appellant) to restore land to a safe and healthy condition. Although the notice did not identify…
Some cases on Sentencing
2 Apr, 2013
Defendants charged with breaching section 125 of the Environmental Planning and Assessment Act 1979 (offences against the Act and its regulations) are often surprised to learn that their offences are dealt with under the same general sentencing principles that apply…
Court of Appeal strikes down clean-up orders
21 May, 2012
The NSW Court of Appeal has held in Bobolas v Waverley Council [2012] NSWCA 126 that three orders issued under s124 of the Local Government Act 1993 (LGA) requiring the owners of a residential premises in Bondi to clean up…
The Land and Environment Court (Biscoe J) recently handed down its decision in Sweetwater Action Group Inc v Minister for Planning [2011] NSWLEC 106 (Sweetwater), a case that dealt with the question whether security provided under a planning agreement satisfied s93F(3)(g)…