The recent case of Environment Protection Authority v McMurray [2024] NSWCCA 160 (McMurray) highlights how council executives and those involved in council management can be held accountable under laws attracting special executive liability.
The central issue in the case was the legal status of a council and whether its executives, such as the General Manager, could be prosecuted under section s 169(1) of the Protection of the Environment Operations Act 1997 (NSW) (POEO Act). Section 169(1) of the POEO Act holds individuals involved in the management of a corporation liable if the corporation is found to have contravened certain provisions of the Act. [...]
