The Environmental Legislation Amendment Bill 2025 (Bill) was recently introduced in the NSW Parliament. The Bill proposes significant changes to a number of environmental laws which are relevant to local councils and state agencies, particularly the Protection of the Environment…
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…
The Land and Environment Court recently handed down a decision dealing with the interrelation between the integrated development regime established under Div 4.8 of the Environmental Planning and Assessment Act 1975 (EP&A Act) and the regime for the provision of…
A recent decision by the Land and Environment Court provides a useful example of the common law defences that may be raised against a charge of an environmental offence, as well as a good reminder of how difficult it can…
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 NSW Environment Protection Authority (‘EPA‘) has released a draft Protection of the Environment Operations (General) Regulation 2022 (‘Draft Regulation‘) for public consultation. The Draft Regulation proposes to remake the Protection of the Environment Operations (General) Regulation 2021 (‘2021 Regulation‘), which…
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…
The use of evidence that may incriminate – Investigative powers under the POEO Act considered by the Court
16 Feb, 2022
In a recent decision of the NSW Land and Environment Court (Court), the Court considered how investigative powers under the Protection of the Environment Operations Act 1997 (POEO Act) can be used to gather a broad range of evidence and…