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…
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…
Joinder of Owners of Land to Enforcement Proceedings
18 Mar, 2014
Councils are often faced with the question of whether to commence proceedings against an owner of land in respect of unlawful building work carried out on that land by a person other than the owner. A recent decision of the…
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…
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…