A recent decision by the Land and Environment Court provides a useful example of the common law defences that may be raised against a charge of an environmental offence, as well as a good reminder of how difficult it can…
Court clarifies the meaning of ‘pollution’ and finds civil liability for downstream erosion
3 May, 2021
Justice Preston, Chief Judge of the Land and Environment Court of New South Wales, recently issued judgment against the Sydney Water Corporation (Sydney Water) in proceedings brought by JK Williams Staff Pty Ltd (Williams) for the significant erosion of the…
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…
The Australian Competition and Consumer Commission (ACCC) recently issued determinations under the Competition and Consumer Act 2010 (Cth) (the CC Act) authorising certain councils to jointly procure waste management services.
Changes to the Catchment SEPP – A new test for ‘continuing development’ and water quality
15 Nov, 2017
The New South Wales Government has assented to new legislation that amends both the Environmental Planning and Assessment Act 1979 (‘EPA Act‘), and the State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 (‘Catchment SEPP‘). The Environmental Planning and Assessment…
Testing the waters – the Court of Appeal rules on the proper application of the Catchment SEPP
28 Aug, 2017
A recent decision of the Court of Appeal (‘Court‘) has ruled on the proper application of the State Environment Planning Policy (Sydney Drinking Water Catchment) 2011 (NSW) (‘Catchment SEPP‘) when a proposal for development will involve the discharge of water…
Flawed water model – not sufficient for High Court to intervene in long running water dispute
28 Jul, 2015
An application for special leave to appeal the Court of Appeal’s decision in Arnold v Minister Administering the Water Management Act 2000 [2015] HCASL 115 (‘Arnold‘) has been rejected by the High Court. The Arnold decision determined that the NSW…
The burden on councils (particularly those in the regulated area) as regulator of non-scheduled activities under the Protection of the Environment Operations Act 1997 (POEO Act) will be reduced by the lowering of the thresholds for the licensing of certain waste…
Easements for Council Water and Sewer Works?
9 Oct, 2014
We are often asked whether a local council requires an easement for its water and sewer works (including underground pipes) to remain on private land and to enable the council to enter onto private land to carry out works on that…
Non-metropolitan councils can require developers to make contributions for water supply, sewerage and stormwater headworks in respect of development. However, the legislative basis for the imposition of such charges is not straightforward, and is worthwhile reviewing.
A recent amendment to the Local Government (General) Regulation 2005 (‘General Regulation‘) gives councils the power to write-off stormwater management services charges or accrued interest in certain circumstances.
Penalty for Council’s water pollution offence
26 Oct, 2012
In Environmental Protection Authority v Queanbeyan City Council (No. 3) [2012] NSWLEC 220, the Land and Environment Court considered what was the appropriate sentence to impose in respect of an offence by the Council of polluting waters under s120 of…