Monthly Archives: February 2015

A warning – use of investigatory notices under the EPA Act once a prosecution has commenced

Can a Council use its powers under s118BA of the Environmental Planning and Assessment Act 1979 (EPA Act) to compel a person to provide answers in relation to a breach of the Act, where a prosecution has been commenced in … Continue reading

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Relevance of the Coastal Protection Act to Development Assessment

In the recent case of Dunford v Gosford City Council [2015] NSWLEC 1016, the Land & Environment Court considered whether to grant development consent for the construction of a dwelling which the Council contended would not avoid or minimise risks … Continue reading

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Court considers that a ‘stop work notice’ may mean that an owner is not responsible for pollution from premises

A Council’s notice to a landowner to cease all construction and earthworks on a premises may mean that the landowner would no longer be taken to be responsible for pollution from the premises from the time of the notice because the landowner … Continue reading

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Can a Council make a long term agreement with a developer about rates liability?

The NSW Court of Appeal has held that a contractual clause purporting to levy a rate “in accordance with the Local Government Act 1993” (the Act) impermissibly fettered the discretion of the Council from undertaking its statutory duty of assessing … Continue reading

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