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Category Archives: enforcement | compliance
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
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.
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).
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and Grant Wesley Turnbull a combined $708,750 for two offences of clearing vegetation in contravention of the now repealed Native Vegetation Act 2003 (‘NV Act‘).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
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.
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
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
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
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
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