The Land and Environment Court recently examined the meaning of ‘occupier’ in the context of a prevention notice issued under the Protection of the Environment Operations Act 1997 (POEO Act). This issue is important as regulatory authorities’ powers to issue prevention…
The Minister for Planning and Public Spaces has responded to the COVID-19 pandemic by seeking to address certain planning law impediments to the replenishment of retail stocks in the light of unprecedented demand. State Environmental Planning Policy Amendment (COVID-19 Response)…
The flaws in the private certification regime have surfaced again. The Land and Environment Court has held in Omaya Investments Pty Limited v Dean Street Holdings Pty Limited (No 5) [2020] NSWLEC 9 that the modification of a construction certificate…
A recent decision in the Land and Environment Court (Court) highlights a potential stumbling block for councils when taking enforcement action. The decision reinforces the fact that the Court’s Class 1 jurisdiction, being merits review in nature, is limited as…
The 5 common mistakes made in investigations
10 Jan, 2020
Conducting a successful investigation is a complex and difficult task, and investigators need to have a firm grasp on the best techniques to ensure that they gather strong and admissible evidence for future enforcement action. In this blog we look…
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…