Tag Archives: enforcement
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
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).
Council clean-up of polluted sites – lessons for recovering costs
Recent decisions of the Land and Environment Court show that public authorities, including local councils, can pursue individual directors to recover their clean-up costs where a corporation is deregistered.
Challenging the reasonableness of a clean-up notice can be risky business
A director of Sydney Drum Machinery Pty Ltd was charged with the commission of two offences against the provisions of the Protection of the Environment Operations Act 1997 on the basis that the company had, without reasonable excuse, failed to comply with two (2) … Continue reading
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
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
