Water pollution: an illustrative case study from NSW

In NSW, ‘a person who pollutes any waters is guilty of an offence’[1]. Water pollution is broadly defined under the Protection of the Environment Operations Act 1993 (NSW) (POEO Act). As a result, defendants who are charged with water pollution offences generally plead guilty. In these circumstances, the Court is only required to consider relevant…

Rule of thumb – Rickard Road Developments

The decision of Commissioner Tuor in Rickard Road Developments Pty Limited v City of Ryde; Mansooreh Rahimishahmirzadi & Anor v City of Ryde [2014] NSWLEC 1104 that was handed down last week provides interesting commentary on the unusual circumstance where two adjoining sites are the subject of independent development applications, and where the landowners refuse…