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…
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…
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 Those provisions were repealed on 13 November…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…
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…
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…
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…