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SHELLHARBOUR(02) 4295 8400

Prosecutions and Land and Environment Court Matters

We have extensive experience in matters involving appeals, prosecutions and enforcement of planning laws.

Our team has extensive experience advising both local government and private clients in the areas of environmental law and policy and conducting matters in the Land and Environment Court.

Acting for both public and private clients gives us unique insight into the effective management of these matters. Environmental Law has become increasingly complex and we regularly assist Local Government with prosecutions under the:

  • Environmental Planning and Assessment Act 1979
  • Protection of the Environment (Operations) Act 1997
  • Local Government Act 1993.

Local Council officers often request our advice on the following:

  • What are council officers’ powers to investigate under the EP&A Act and how do we use them properly?
  • We suspect this person is guilty of illegal dumping but how do we prove it? Should we even try and bring an action?
  • Neighbours have complained that this landowner does not have consent for things they are building. Are the structures exempt?
  • We can see clearly that new structures have been built but this owner claims existing use rights? How do existing use rights work and what is their limit?
  • How do we prevent this landowner from demolishing a heritage building?

Many private landowners ask us:

  • Council is prosecuting me for illegal structures on my property, what can I do?
  • I suspect my neighbour does not have development consent for the works they are doing. What can I do?
  • I suspect the company next door is polluting. What can we do?
  • Council is prosecuting me for breaching my development conditions. What should I do?
  • My neighbour has planted trees that completely block my view. Can I do anything about it? 
  • How can I stop my neighbour’s tree from damaging my property?
  • My neighbour wants me to contribute equally for the new fence. Do I have to?

These are just some of the questions we field across a range of planning and environmental law matters. If you have similar questions or just need advice regarding planning or environmental law, contact our team today to discuss your matter.


Need help with a legal issue?
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