Author Archives: carlo zoppo

About carlo zoppo

Partner. Carlo is a prominent and highly regarded specialist in environment, planning, and administrative law lawyer, with over 16 years' experience in government and the private sector. During his career, Carlo has worked as an in house legal officer for the National Parks and Wildlife Service of NSW and as a special counsel in a highly regarded mid tier law firm. Carlo has also acted as in house counsel in various state government agencies on a secondment basis. Carlo's extensive experience includes advising and representing clients with administrative law, contaminated land, waste management, flora and fauna, climate change, risk management, incident response, due diligence, environmental management systems, environmental litigation and planning law. Carlo's significant litigation experience includes conducting merit review matters in the NSW ADT and the NCAT and the Land and Environment Court as well as conducting judicial review and prosecutions in the Land and Environment Court and the Local Court. Carlo has specialist expertise in across the range of environmental law matters arising from his work for the National Parks & Wildlife Service. This included providing advice and conducting prosecutions for matters relating to flora fauna and national parks and other reserved lands. He conducted the first prosecutions for threatened species offences including the matter of Director-General National Parks & Wildlife and Wilkinson which is an often quoted authority in environmental crime. Carlo was admitted to practice in the Supreme Court of NSW in 1993.

Is it a bird or is it a plane? – the use of drones for enforcement activities

In September 2018 the Department of Planning and Environment (‘DPE’) released guidelines for the DPE compliance unit for the operation of remotely piloted aircraft , also known as drones or unmanned aircraft (‘Drones’) in compliance and enforcement functions.

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UPDATE – proposed planning framework for Short-Term Rental Accommodation available for comment

The Department of Planning & Environment (Department) has recently released for public comment an Explanation of Intended Effect (EIE) regarding proposed amendments to the planning rules relating to short-term rental accommodation (STRA) in New South Wales (NSW). Amendments to existing … Continue reading

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When timing is everything in commencing class 5 prosecutions…

A recent decision of the Land and Environment Court is compulsory reading for statutory authorities with prosecution powers (or those the subject of a prosecution) as it examines how the period of limitation for commencing proceedings should be construed, as … Continue reading

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New GIPA Regulation 2018: Open Access Information of Councils Changed

The Government Information (Public Access) Regulation 2018 (GIPA Reg 2018) commenced on 1 September 2018. The GIPA Reg 2018 repealed and replaced the  Government Information (Public Access) Regulation 2009 (GIPA Reg 2009). The main difference between GIPA Reg 2018 and its … Continue reading

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‘Concession’ from the EPA removes controversy before Court of Appeal

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 … Continue reading

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UPDATE – NSW Government moves to regulate Airbnb and HomeAway by passing the Fair Trading Amendment (Short-term Rental Accommodation) Bill 2018

The State Government has almost finalised the first step towards regulating the short-term rental accommodation (STRA) industry and the practice of short-term holiday letting in New South Wales by passing the Fair Trading Amendment (Short-Term Rental Accommodation) Bill 2018 (Bill). The … Continue reading

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When should you decide a discount application for GIPA processing charges?

In the recent matter of Shoebridge v Office of Environment and Heritage [2018] NSWCATAP 144, the Appeal Panel of the NCAT considered whether a government agency was obliged to determine an application for a discount to a processing charge before … Continue reading

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Enforcing the EPA Act – Information obtained under objection may be used for an investigative purpose

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).

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The LEC orders 3 years imprisonment in first prosecution involving a ‘repeat waste offender’

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 … Continue reading

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Hypothetical proceedings no excuse for non-compliance with a notice

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 … Continue reading

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