Author Archives: anna sinclair

About anna sinclair

Anna is a Senior Associate with Lindsay Taylor Lawyers. Anna has a Bachelor of Arts/Law at the University of Western Australia and was admitted to legal practice in 2008. Anna has substantial experience in the field of environment and planning law and has worked in both government and private sectors. Before joining Lindsay Taylor Lawyers, Anna worked as a prosecutor for the NSW Office of Environment and Heritage and Environment Protection Authority and as a solicitor at a national top-tier law firm. Anna has worked in New South Wales, Victoria and Western Australia. Anna has provided assistance to leading corporations and government clients on environmental impact assessment and approval of property development, infrastructure and resource projects, pollution risk management and incident response and managing native title and heritage issues. Anna has also represented clients in a range of litigious matters, including prosecutions and civil matters in the NSW Land and Environment Court and Local Court, planning and environmental approval hearings in the Victorian Civil and Administrative Tribunal and native title proceedings in the Federal Magistrates Court.

Executive liability – who it captures, and what can be done to avoid it

The issue of executive liability is an important topic for directors or persons concerned in the management of corporation who may be liable for the offences of a corporation. This article briefly examines the basis for liability including liability for … Continue reading

Posted in environment | natural resources | climate change, local government | administrative law | Tagged , , , , | Comments Off on Executive liability – who it captures, and what can be done to avoid it

Defamatory statements in political discussion – when are they protected?

A recent NSW Supreme Court case concerning defamatory statements made against a local councillor provides useful guidance on when the defence of “honest opinion and fair comment” will be made out. This decision assists councillors and other politicians in understanding when the law will and will … Continue reading

Posted in local government | administrative law | Tagged , , | Comments Off on Defamatory statements in political discussion – when are they protected?

Council clean-up of polluted sites – lessons for recovering costs

Recent decisions of the Land and Environment Court show that public authorities, including local councils, can pursue individual directors to recover their clean-up costs where a corporation is deregistered.

Posted in environment | natural resources | climate change, local government | administrative law | Tagged , , , | Comments Off on Council clean-up of polluted sites – lessons for recovering costs

Caltex Australia Petroleum is fined a record amount for petrol spill

Caltex Australia Petroleum Pty Ltd (Caltex) has been convicted and ordered by the Land and Environment Court to pay a record fine of $400,000 and costs of $450,000 for a petrol spill at its Banksmeadow fuel terminal in Port Botany.

Posted in enforcement | compliance, environment | natural resources | climate change | Comments Off on Caltex Australia Petroleum is fined a record amount for petrol spill

Protection of Marine Environments through new Coastal Management Reforms – opportunities and challenges

As we recently blogged, the NSW Government has released the much anticipated draft State Environmental Planning Policy (Coastal Management) 2016 (CM SEPP) for public comment as part of its broader coastal management reform package (Reform Package). This blog looks at the opportunities under this … Continue reading

Posted in environment | natural resources | climate change, local government | administrative law | Tagged , , , | Comments Off on Protection of Marine Environments through new Coastal Management Reforms – opportunities and challenges

Fire Trails – Whats New?

Under new changes to the Rural Fires Act 1997 local councils and other public authorities will be responsible for the construction and maintenance of fire trails on public land they own or occupy across New South Wales.

Posted in environment | natural resources | climate change | Tagged , , | Comments Off on Fire Trails – Whats New?

Change in direction – new NSW wind energy guidelines released

The NSW Government has released for public consultation a draft ‘New Wind Energy Planning Framework’ (Draft Framework) for large-scale wind energy facilities, which aims to increase investment in wind energy in the state, whilst balancing the needs of the community.

Posted in environment | natural resources | climate change, planning | development | Tagged , , , | Comments Off on Change in direction – new NSW wind energy guidelines released

New powers for councils to impound parked boats

The Impounding Act 1993 will be amended by the Impounding Amendment (Unattended Boat Trailers) Act 2015 from 1 July 2016, to give local councils and other impounding authorities greater powers to manage boat trailers parked on residential streets and to … Continue reading

Posted in enforcement | compliance, local government | administrative law | Comments Off on New powers for councils to impound parked boats

Civil Liability Act – when is a council protected from liability arising from defects in paths and roads?

A recent decision of the Full Bench of the NSW Court of Appeal has reconsidered the special protection councils (in their capacity as roads authorities) have from liability in relation to road work where they do not have actual knowledge of … Continue reading

Posted in local government | administrative law | Tagged , | Comments Off on Civil Liability Act – when is a council protected from liability arising from defects in paths and roads?

Parliament passes legislation to strengthen and tighten ICAC

The NSW Parliament has enacted legislation which amends the  Independent Commission Against Corruption Act 1988 (ICAC Act). The Independent Commission Against Corruption Amendment Act 2015 (Amendment Act) was assented to and commenced on 28 September 2015. The Amendment Act clarifies the jurisdiction and powers of … Continue reading

Posted in local government | administrative law | Tagged | Comments Off on Parliament passes legislation to strengthen and tighten ICAC