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Author Archives: carlo zoppo
Councils’ use of EPA Act Investigative Powers clarified by the Court of Criminal Appeal
In a significant judgment, the Court of Criminal Appeal (Court) has clarified the use of local councils’ investigative powers under s9.22 of the Environmental Planning and Assessment Act 1979 (Act). The Court ruled on when notices to answer questions and produce … Continue reading
The Changing Face of the GIPA Act and the Power to Refuse to Deal
The power in s 60 of the Government Information (Public Access) Act 2009 (GIPA Act) to refuse to deal with an access application is a power often under-utilised by public sector agencies. In this blog, we consider whether recent amendments to the … Continue reading
Posted in local government | administrative law
Tagged Freedom of Information, gipa act
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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.
Posted in enforcement | compliance, environment | natural resources | climate change, local government | administrative law, planning | development
Tagged enforcement, environmental offences, poeo act, privacy
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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
Posted in planning | development, property | commercial
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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
Posted in local government | administrative law, planning | development
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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
Posted in local government | administrative law
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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
Posted in environment | natural resources | climate change
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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
Posted in planning | development, property | commercial
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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
Posted in local government | administrative law
Tagged access to information, gipa act, NCAT
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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).
Posted in enforcement | compliance, environment | natural resources | climate change
Tagged class 5 proceedings, enforcement, investigative powers
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