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…
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…
In September 2018 the Department of Planning and Environment (‘DPE’) released guidelines for the DPE compliance unit for the operation of remotely piloted aircraft , also known as drones or unmanned aircraft (‘Drones’) in compliance and enforcement functions.
The issue of executive liability is an important topic for directors or persons concerned in the management of corporation who may be liable for the offences of a corporation. This article briefly examines the basis for liability including liability for…
The NSW Court of Appeal (‘Court‘) recently determined an appeal from the Land and Environment Court (‘LEC‘), where it was argued that Kempsey Shire Council (‘Council‘) was not entitled to recover its clean-up costs under the Protection of the Environment…
Recent decisions of the Land and Environment Court show that public authorities, including local councils, can pursue individual directors to recover their clean-up costs where a corporation is deregistered.
The NSW Government yesterday announced a range of new measures that will strengthen the powers available to the EPA, including a proposed ten-fold increase in penalties for companies. Environment Minister Rob Stokes said “the changes will provide the EPA with…
In Environmental Protection Authority v Queanbeyan City Council (No. 3) [2012] NSWLEC 220, the Land and Environment Court considered what was the appropriate sentence to impose in respect of an offence by the Council of polluting waters under s120 of…
Section 193 of the Protection of the Environment Operations Act 1999 (POEO Act) enables an authorised officer to require a person to furnish to the officer with information or records (or both) in connection with any matter within ‘the responsibilities…