Category Archives: enforcement | compliance

Securities for enforcement of planning agreement and consent obligations

The Department of Planning and Environment has indicated that it is updating its policies and procedures for the safekeeping, release and monitoring of financial securities for enforcement of obligations under  conditions of development consent and planning agreements (PA’s). It has also … Continue reading

Posted in development contributions | planning agreements | value capture, enforcement | compliance | Leave a comment

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 , , , | Comments Off on Is it a bird or is it a plane? – the use of drones for enforcement activities

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 , , | Comments Off on Enforcing the EPA Act – Information obtained under objection may be used for an investigative purpose

The Court orders combined fines of $708,750 for the illegal clearing of native vegetation

On 24 October 2017 the Land and Environment Court convicted and fined Cory Ian Turnbull and Grant Wesley Turnbull a combined $708,750 for two offences of clearing vegetation in contravention of the now repealed Native Vegetation Act 2003 (‘NV Act‘). These … Continue reading

Posted in enforcement | compliance, environment | natural resources | climate change, planning | development | Tagged , , | Comments Off on The Court orders combined fines of $708,750 for the illegal clearing of native vegetation

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

To PIN or not to PIN – that is the question

Increases in the prescribed amount for penalty notices (PIN) for environment and planning offences have seen an increase in the use of PINs, and an increase in the instances where recipients elect to have these matters dealt with by a … Continue reading

Posted in enforcement | compliance, local government | administrative law, planning | development | Tagged , , | Comments Off on To PIN or not to PIN – that is the question

Don’t you forget about me – who to commence civil enforcement proceedings against

The Land and Environment Court this week adjourned civil enforcement proceedings brought by a Council against an alleged perpetrator and ordered the Council to amend its summons to join an additional party to the proceedings. The joinder of the additional party … Continue reading

Posted in enforcement | compliance, local government | administrative law | Tagged | 1 Comment

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

Can parking inspectors ‘record’ abuse from drivers?

The safety of council parking inspectors is a matter of increasing concern across New South Wales as officers are faced with aggressive and abusive drivers when issuing parking tickets. Councils keen to protect their staff are considering equipping officers with audio … Continue reading

Posted in enforcement | compliance, local government | administrative law | Tagged , , , | Comments Off on Can parking inspectors ‘record’ abuse from drivers?

Councils’ new and powerful investigation tool – notices requesting information and records

The new s119J of the Environmental Planning and Assessment Act 1979 (EPA Act) gives council investigation officers powerful tools to obtain information and or records in respect of matters they are investigating. In this blog we look at this investigative … Continue reading

Posted in enforcement | compliance, local government | administrative law, planning | development | Comments Off on Councils’ new and powerful investigation tool – notices requesting information and records