Councils given greater powers of investigation and enforcement

24 Nov, 2014

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…

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Service of orders under the LG Act : a salutory reminder

15 Oct, 2014

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…

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Tough new penalties for planning breaches in NSW

14 Oct, 2014

NSW Minister for Planning Pru Goward this week announced an increase in the maximum penalties available to the Land and Environment Court (the Court) against individuals and companies who contravene planning rules. Under the Environmental Planning and Assessment Act 1979…

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Sentencing for Environmental Offences

8 Aug, 2013

A developer was recently fined the sum of $32,500 after pleading guilty to clearing over 3,200 square metres of bushland along the bank of the Blacks Creek in the Cudgen Nature Reserve, in contravention of the National Parks and Wildlife…

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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…

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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…

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