Under s 91 of the Protection of the Environment Operations Act 1997 (POEO Act), an appropriate regulatory authority may give a person a clean-up notice requiring the person to take clean-up action in respect of a pollution incident. A person…
Sentencing Principles Explained – Q & A #3
10 Jun, 2025
This is the final blog in our series about sentencing principles in criminal prosecutions commenced by local councils and government departments. Our previous blogs can be read here: Sentencing Principles Explained – Q & A #1 and here: Sentencing Principles Explained…
Sentencing Principles Explained – Q & A #2
22 May, 2025
Introduction This is the second blog in our series about sentencing principles in criminal prosecutions commenced by local councils and government departments. Our first blog can be read here: Sentencing Principles Explained – Q & A #1. In this blog, we answer…
Sentencing Principles Explained – Q & A #1
13 May, 2025
Introduction This is the first in a series of posts about sentencing principles in criminal prosecutions commenced by local councils and government departments. In prosecution proceedings, a defendant will be sentenced by the Court after they are found guilty of…
A guide on powers of entry: residential premises
18 Apr, 2024
Authorised Council officers are given broad powers to enter and search premises under a range of legislation, including the Environmental Planning and Assessment Act 1979 (EPA Act), the Local Government Act 1993 (LG Act) and the Protection of the Environment…
Before taking enforcement action, it is critical for the enforcement agency to identify the correct perpetrator. A failure to do so may result in the validity of the enforcement action being successfully challenged or defeated. This issue regularly arises in…
A recent decision by the NSW Court of Criminal Appeal (CCA) confirms that the Land and Environment Court (LEC) has the power to summarily dismiss a summary prosecution prior to final hearing when an essential condition of criminality cannot be…
The Environmental Legislation Amendment Act 2022 (Amendment Act) has come into force, making significant amendments to environmental protection legislation in NSW. This is our second blog on the Amendment Act. We previously discussed the imposition of new liabilities on current…
The Environmental Legislation Amendment Act 2022 (Amendment Act) has come into force, making significant amendments to environmental protection legislation in NSW. The Amendment Act primarily seeks to overcome practices that certain industry sectors, businesses and individuals have established to avoid…
Land and Environment Court considers what constitutes the wilful delay or obstruction of an authorised officer
12 May, 2021
The Land and Environment Court’s decision in McClelland v Environment Protection Authority [2021] NSWLEC 25, considers what constitutes the wilful delay or obstruction of an authorised officer in the exercise of the officer’s powers of investigation, contrary to s211(3) of…
The 5 common mistakes made in investigations
10 Jan, 2020
Conducting a successful investigation is a complex and difficult task, and investigators need to have a firm grasp on the best techniques to ensure that they gather strong and admissible evidence for future enforcement action. In this blog we look…
The NSW Court of Criminal Appeal (CCA) has overturned a controversial decision of the Land and Environment Court (LEC) concerning the waste laws in NSW. The decision confirms that any processed building and demolition waste temporarily stored on land for…