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…
The New NSW Alfresco Dining Regime
1 Nov, 2021
As we all look forward to returning to our local restaurants, pubs and cafes the NSW Government has released their ‘Alfresco Restart Package’. Included in the Alfresco Restart Package are changes to the planning rules to enable premises across the…
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…
Court clarifies the meaning of ‘pollution’ and finds civil liability for downstream erosion
3 May, 2021
Justice Preston, Chief Judge of the Land and Environment Court of New South Wales, recently issued judgment against the Sydney Water Corporation (Sydney Water) in proceedings brought by JK Williams Staff Pty Ltd (Williams) for the significant erosion of the…
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…
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…
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.