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AGL’s Failure to Disclose Political Donations

AGL Energy Limited (AGL) and its subsidiary AGL Upstream Infrastructure Investments Pty Ltd (AGL Upstream) pleaded guilty in the Land and Environment Court to offences relating to the failure to disclose political donations (Secretary, Department of Planning and Environment v AGL Energy Limited; Secretary, Department of Planning and Environment v AGL Upstream Infrastructure Investments Pty Ltd [2017] NSWLEC 2, per Moore J).

Failures to Disclose

Section 147(11) of the Environmental Planning and Assessment Act 1979 (EP&A Act) provides an offence where a person fails to make a disclosure of a political donation when making a planning application.  The offence occurs where a person fails to make that disclosure where they knew, or reasonably ought to have known, that a disclosure was required to have been made under s 147.

In total there were 11 failures to make complete disclosure of political donations.  The offences committed by AGL and AGL Upstream occurred over a period from 2008 to 2014. Donations were made to the Liberal Party, the Australian Labour Party and the National Party.  The failures to disclose were in relation to both planning applications and modification of approval applications.
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