Category Archives: environment | natural resources | climate change
Protective (or maximum) costs orders in the LEC
The power of the Land and Environment Court to make protective (or maximum) costs orders – orders which cap the costs that may be recovered by a party from another in litigation – was considered by Pepper J in the … Continue reading
Coastal Reforms Transitional Provisions – Coastal Management SEPP
The coastal reforms comprising the State Environmental Planning Policy (Coastal Management) 2018 (CM SEPP) and the Coastal Management Act 2016 (Act) commenced on 3 April 2018. These reforms repealed the Coastal Protection Act 1979 (Former Act). However, the Act and CM SEPP do not automatically … Continue reading
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.
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
‘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
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).
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
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
Recovery of costs under the POEO Act by Public Authorities
The NSW Court of Appeal (‘Court‘) recently determined an appeal from the Land and Environment Court (‘LEC‘), where it was argued that Kempsey Shire Council (‘Council‘) was not entitled to recover its clean-up costs under the Protection of the Environment … Continue reading
