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Case summary – EPA v Sydney Water Corporation [2020] NSWLEC 153

Summary

The case of EPA v Sydney Water Corporation [2020] NSWLEC 153 was heard in the LEC in the Class 5 jurisdiction before Pain J.

Proceedings in the Land and Environment Court’s (LEC) Class 5 jurisdiction typically involve summary criminal enforcement proceedings (initiated by government authorities prosecuting offences against planning or environmental laws).  According to the statistics published by the LEC, 32% of the prosecutions commenced in 2019 were initiated by the Environment Protection Authority or Office of Environment and Heritage. [...]  READ MORE →

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Pollution Licences under the POEO Act

The Protection of the Environment Operations Act 1997 (NSW) (the Act) provides an environmental regulatory framework in NSW.  Regulatory authorities are able to issue environment protection licences under the Act to control the impact of pollution.  These licences are sometimes referred to as ‘pollution licences’.  The relevant regulatory authorities are the Environment Protection Authority (EPA), local councils, the Roads and Maritime Service and the Marine Parks Authority.

The pollution licences that are issued are subject to conditions.  For premises that do not hold an pollution licence, the local Council regulates pollution from the premises.  The activities that require a licence are listed in Schedule 1 of the Act. The activities that are listed are generally activities that have the potential to have significant environmental impacts.  Licences are issued for: [...]  READ MORE →