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…
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.
Details matter – The importance of accurate information on contamination and remediation
2 Apr, 2015
Accurate and thorough information should be provided to consent authorities in relation to contamination and remediation of land to ensure the consent authority can meet its obligations to consider contamination and remediation under State Environmental Planning Policy No 55 – Remediation of…
Court considers that a ‘stop work notice’ may mean that an owner is not responsible for pollution from premises
18 Feb, 2015
A Council’s notice to a landowner to cease all construction and earthworks on a premises may mean that the landowner would no longer be taken to be responsible for pollution from the premises from the time of the notice because the landowner…
Penalty for Council’s water pollution offence
26 Oct, 2012
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…