We previously blogged on the refusal of the Land and Environment Court (LEC) to declare that information compulsorily obtained under the Protection of the Environment Operations Act 1997 (Act) would not be used in a prosecution against a Company’s executives (Executives) for special…
In an important decision, Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118, Preston CJ has further clarified the correct approach to the consideration of clause 4.6 requests including that the clause does not require that a development that contravenes a…
The decision of Preston CJ in Dennes v Port Macquarie-Hastings Council [2018] NSWLEC 95 (‘Dennes‘) confirms that, once the period for satisfaction of a deferred commencement condition has expired without the condition being satisfied, the consent cannot be revived on appeal against…
When can a Sydney District or Regional Planning Panel ‘Direct and Control’ a Council in a Class 1 Appeal?
25 Jul, 2018
For the first time, the Land and Environment Court has considered a recently introduced provision of the Environmental Planning and Assessment Act 1979 (EPA Act) which makes a council subject to the direction and control of a planning panel in the conduct of…
Enforcing the EPA Act – Information obtained under objection may be used for an investigative purpose
27 Jun, 2018
The Land and Environment Court (Court) has recently provided guidance on when evidence, compulsorily obtained under objection against self-incrimination, may then be further used to investigate and later prosecute breaches of the Environmental Planning and Assessment Act 1979 (Act).
The LEC orders 3 years imprisonment in first prosecution involving a ‘repeat waste offender’
18 Jun, 2018
Chief Justice Preston of the Land and Environment Court (Court) recently convicted Mr Dib Hanna Abdallah Hanna (Defendant) of 5 offences against the Protection of the Environment Operations Act 1997 (Act) for repeat waste offending, and sentenced the Defendant to…
The Land and Environment Court (‘Court‘) recently considered whether the Environment Protection Authority (‘EPA‘) should be required to provide an undertaking that any information provided by a Company’s Director and Managers (‘Applicants‘) in response to a notice to answer questions…
In two related decisions, the Land and Environment Court has provided guidance in relation to the process for joinder of parties to an application to the Court to give effect to Strata Renewal Plans (SRP Application) under the Strata Schemes Development…
Applicant misses the bus on clause 4.6 request
10 Oct, 2017
Written requests under clause 4.6 are many and varied and while the Land and Environment Court has provided clear guidance as to what is required to found an exception, applicants continue to test the boundaries of what a clause 4.6…
A recent decision of the Land and Environment Court (‘Court‘) has reinforced the approach the Court will take when characterising development. Once the Court is satisfied that development does not fall into a use expressly noted as permissible in a land…
More on CDCs and Development Consents
15 Jun, 2017
The Land & Environment Court has handed down a decision which suggests that a complying development certificate (CDC) cannot authorise development which would breach a condition of a development consent. If the decision is to be read in that way, which…
New LEC Conciliation Conference Policy
26 Apr, 2017
In conjunction with recent changes to the Class 1 Development Appeals Practice Note (‘Practice Note‘), the Land and Environment Court has also issued a new Conciliation Conference Policy (‘Policy‘). The Policy is substantially the same as the previous version. Nonetheless,…