The Court of Criminal Appeal has allowed an appeal against the Land and Environment Court’s decision in Environment Protection Authority v McMurray [2024] NSWLEC 6, finding that the special executive liability provisions in the Protection of the Environment Operations Act…
This decision has been overturned on appeal. See our blog in respect of the appeal judgment here. In a recent NSW Land and Environment Court decision, the Court rejected an appeal against a decision of the Local Court to stay…
Court upholds Council’s right to seek remedial orders by class 4 proceedings following a criminal prosecution
13 Sep, 2015
In a recent decision of the Land and Environment Court, Justice Craig held that a Council, dealing with unlawful development contrary to the Environmental Planning and Assessment Act 1979 (EPA Act), is not required to choose between a criminal prosecution for the breach,…