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…
27 Feb, 2015
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…
Court considers that a ‘stop work notice’ may mean that an owner is not responsible for pollution from premises
18 Feb, 2015
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…
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…