Tag Archives: poeo act

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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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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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.

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The new Environment Minister announces further measures to strengthen environment protection laws

The NSW Government yesterday announced a range of new measures that will strengthen the powers available to the EPA, including a proposed ten-fold increase in penalties for companies. Environment Minister Rob Stokes said “the changes will provide the EPA with … Continue reading

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Penalty for Council’s water pollution offence

In Environmental Protection Authority v Queanbeyan City Council (No. 3) [2012] NSWLEC 220, the Land and Environment Court considered what was the appropriate sentence to impose in respect of an offence by  the Council of polluting waters under s120 of … Continue reading

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The Wide Scope Of Investigatory Notice Powers Under POEO Act

Section 193 of the Protection of the Environment Operations Act 1999 (POEO Act) enables an authorised officer to require a person to furnish to the officer with  information or records (or both)  in connection with any matter within ‘the responsibilities … Continue reading

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