ARTICLE · 03 MARCH 2009

The Penalty Decision In Garrett V Freeman

Norton Rose Fulbright Australia

Recent cases highlight the essential need to ensure that detailed procedural guidelines in relation to environmental planning and assessment are implemented by all Councils, government agencies and state owned corporations who make determinations under Part 5 of the Environmental Planning and Assessment Act 1979.

AustraliaEnvironment

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Jacinta Studdert, Rebecca Pleming and Susan Rose

Liability of individuals, councils and corporations for environmental offences

The recent cases of Garrett v Freeman (No 5); Garrett v Port Macquarie Hastings Council; Carter v Port Macquarie Hastings Council [2009] NSWLEC 1 highlight the essential need to ensure that detailed procedural guidelines in relation to environmental planning and assessment are implemented by all Councils, government agencies and state owned corporations who make determinations under Part 5 of the Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act). Such guidelines will require regular review to ensure compliance and avoid costly litigation.

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The Penalty Decision In Garrett V Freeman

Jacinta Studdert, Rebecca Pleming and Susan Rose

Liability of individuals, councils and corporations for environmental offences

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