ARTICLE · 07 JUNE 2017

Powers of entry for environmental investigations and procedural fairness

Colin Biggers & Paisley

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NSW environmental authorities are not required to give notice of entry prior to entering the land for an investigation.

AustraliaEnvironment

IN BRIEF - ENVIRONMENTAL AUTHORITIES NOT REQUIRED TO GIVE NOTICE OF ENTRY

Landowners will be interested in the recent decision of the NSW Court of Appeal in LDF Enterprises Pty Ltd v State of New South Wales [2017] NSWCA 89 as it provides an important clarification about the powers of entry in the course of environmental investigations and the proper jurisdiction to hear an injunction under environmental legislation.

This decision is of increasing importance given the surge in enforcement activity currently being carried out by the Environment Protection Authority in relation to environmental offences.

INJUNCTION SOUGHT BY LANDOWNER REJECTED BY NSW SUPREME COURT AND COURT OF APPEAL

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