In brief - Land and Environment Court determines that Notice is
invalid
In Zhang v Woodgate and Lane Cove Council, the Land and
Environment Court of NSW recently held that the council's
Notice To Answer Questions was invalid because it was issued not
for regulatory and administrative functions under the EPA Act, but
for prosecutorial functions in criminal proceedings.
Council's powers under Section 118BA questionable
This firm's longstanding position has been that
council's powers to require answers and record evidence
pursuant to section 118BA of the
Environmental Planning and Assessment Act 1979 (NSW)
("EPA Act") are questionable and in some instances
abused.
This position was validated by Chief Justice Preston of the Land
and Environment Court in the recent case of Zhang v
Woodgate and Lane Cove Council [2015] NSWLEC 10. The
decision was handed down on 6 February 2015.
