Local government plays an integral role in the provision of a wide range of services as well as being responsible for the day-to-day management and operation of important community facilities. This article considers how councils may be held responsible for environmental incidents that occur at these facilities and what prosecution action a council might face.
Enforcement action taken against councils
Councils may bring prosecution proceedings against individuals or corporations for breaches of a range of legislation including the Local Government Act 1993, Environmental Planning and Assessment Act 1979, Protection of the Environment Operations Act 1997 (POEO Act) or associated regulations. Such proceedings can be commenced by a council for a range of offences, many of which often relate to the breach of orders, development consents (for which council is the consent authority) and environmental planning instruments. Despite councils often playing the role of prosecutor, it is
