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

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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 These reforms repealed the Coastal Protection Act 1979 (Former Act).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

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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.

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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

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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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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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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

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ALERT – The Coastal Management Act 2016 & Coastal Management SEPP have commenced

The Coastal Management Act 2016 (Act) and State Environmental Planning Policy (Coastal Management) 2018 (Coastal Management SEPP) commenced on 3 April 2018. The Act has repealed the Coastal Protection Act 1979 (Former Act), and implements the coastal reforms first proposed by the NSW … Continue reading

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