A recent decision handed down by the Land and Environment Court provides useful guidance on the evidence that needs to be collected before a council or the EPA should issue a prevention notice relating to noise pollution under section 96…
The new ‘FOGO’ recycling scheme for NSW
The Protection of the Environment Legislation Amendment (FOGO Recycling) Act 2025 (FOGO Act) has been passed by Parliament. This Act, which amends the Protection of the Environment Operations Act 1997 (POEO Act), mandates the collection of food organics and garden…
The Court of Criminal Appeal has allowed an appeal against the Land and Environment Court’s decision in Environment Protection Authority v McMurray [2024] NSWLEC 6, finding that the special executive liability provisions in the Protection of the Environment Operations Act…
This decision has been overturned on appeal. See our blog in respect of the appeal judgment here. In a recent NSW Land and Environment Court decision, the Court rejected an appeal against a decision of the Local Court to stay…