Environment and Planning: Prosecutions, Appeals and Enforcement
Issues covered include: the Land and Environment Court, environmental prosecutions, development appeals, civil enforcement
Description
Sometimes the conflict will simmer and seethe for years until it finally erupts. Sometimes a matter will go from business as usual to a disaster zone at a moment’s notice. Either way, conflict and disputes are an unavoidable part of environment and planning law that demands your attention. Ready your organisation, department or clients with these in-depth guides on the latest cases in the area, the current state of play in environmental prosecutions, how to navigate the appeals processes and the complexities
Attend and earn 3 CPD units in Substantive Law
This seminar was recorded in NSW on 21 March 2019
Chair: Richard Lancaster SC, 5 St James Hall; Preeminent Planning and Environment Senior Counsel, Doyle’s Guide 2018
2.00pm to 2.45pm: Class 1 Decisions and Cases at the Land and Environment Court
Catch up on the hottest trends shaping the environment and planning law sector using recent cases.
Presented by Mark Bonanno, Senior Lawyer, Inner West Council
2.45pm to 3.30pm: Bringing and Defending Environmental Prosecutions: Practicing in the New Regime
Recent changes to the Environmental Planning and Assessment Act have increased the scope of prosecutions and sentencing options available and given greater powers to prosecutors, particularly local councils.
- The application of the De Simoni principle and sentencing under the new regime
- Orders under Part 8.3 of the Protection of the Environment Operations Act, now available to councils
- Extended time bars in prosecutions; issues for prosecutors and defendants
- Accessorial liability; issues in proving aiding, abetting counselling or procuring an offence
Presented by James Johnson, Barrister, Frederick Jordan Chambers
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm: Resolving Development Appeals
- Overview of the Land and Environment Court's merit appeal process: the practice and procedure of the Court
- Making the most of the conciliation conference
- To amend or not to amend: When do you make the decision to amend the plans the subject of the appeal?
- Mediation or neutral evaluation as an alternative option
Presented by Claire Smith, Partner; Best Lawyers 2019,Climate Change Law, Planning and Environmental Law, Water Law; Leading Environment & Climate Change Lawyer, Doyle’s Guide 2018 and Emma Whitney, Senior Associate, Clayton Utz
4.30pm to 5.15pm: Civil Enforcement of Planning and Environment Laws
In enforcing planning and environment laws there are a range of civil enforcement options available to local councils and other government authorities.
- Civil or criminal enforcement: Which pathway to follow?
- Civil enforcement of breaches of the Planning and Environment Assessment Act 1979, Protection of the Environment Operations Act 1997, Water Management Act 2000 and other NSW environmental legislation
- Enforcement at Federal level under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth)
- Evidence and onus issues
Presented by Natasha Hammond, Barrister, Martin Place Chambers; Recommended Planning & Environment Barrister, Doyle’s Guide 2018