Council Officers' powers to investigate clarified following
recent decision of Court of Appeal.
The Court of Appeal has overturned a decision of the Land and
Environment Court1 which significantly curtailed the
scope of investigation using section 119J (now s.9.22 (EPA Act))
notices requiring information and records.
The Facts
21 months prior to the commencement of proceedings a Council
officer issued Mr Mansfield with a notice to answer questions
and produce records pursuant to what was then section 119J of the
Act (now s.9.22). The notice required Mr Mansfield to provide
details of who carried out illegal work, the dates when the work
was undertaken and the plans for the work.
