The Court of Appeal has unanimously allowed both appeals against the decision of the NSW Supreme Court in Lorenzato v Burwood Council [2020] NSWSC 1659. The Supreme Court had held that the Council was liable to the purchaser of a…
Land and Environment Court considers what constitutes the wilful delay or obstruction of an authorised officer
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…
Commencement of Development Consents: Requirement for Registration on the NSW Planning Portal
With the commencement of the Environmental Planning and Assessment Amendment (Planning Portal) Regulation 2020 on 1 July 2020, the NSW planning portal became the central platform for the making of development applications (and other applications) with a consent authority. To…
A recent decision by the Land and Environment Court provides some guidance on how a proposal to offset biodiversity impacts must be considered in determining a development application under Part 4 of the Environmental Planning and Assessment Act 1979 (EPA Act). Although…
The Environmental Planning and Assessment Amendment (Planning Portal) Regulation 2020 commenced on 1 July 2020 and introduced some important changes to the Environmental Planning and Assessment Regulation 2000. The amendments require the use of the NSW planning portal as the central…
The Land and Environment Court has recently considered whether a development control order (Order) was validly issued under the Environmental Planning and Assessment Act 1979 (EPA Act). This decision provides useful guidance to local councils on a number of the…
A recent decision in the Land and Environment Court (Court) highlights a potential stumbling block for councils when taking enforcement action. The decision reinforces the fact that the Court’s Class 1 jurisdiction, being merits review in nature, is limited as…
The 5 common mistakes made in investigations
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…
A recent decision of the Land and Environment Court highlights the considerations that arise when amending charges defective because of duplicity. A duplicitous charge is one in which the charge, on its face, alleges more than one offence. The Charges…
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…
Time limits for the issuing of Penalty Notices
Enforcement agencies (Agency), such as local councils, regularly use penalty notices (PINs) such as for environment and planning offences under the Environmental Planning and Assessment Act 1979 (EPA Act) and the Protection of the Environment Operations Act 1997 (POEO Act). A…
Jurisdictional Prerequisites to Grant of Consent
This update will consider two recent decisions of the Land and Environment Court in which Commissioners, when determining appeals in Class 1 of the Court’s jurisdiction, declined to grant development consent on jurisdictional grounds.