Amendments to the EPA Regulation- NSW Planning Portal

7 Jul, 2020

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…

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When can a development control order be served by email?

30 Jun, 2020

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…

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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…

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Time limits for the issuing of Penalty Notices

13 Jun, 2019

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…

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Jurisdictional Prerequisites to Grant of Consent

30 May, 2019

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.

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