Successful compliance and enforcement actions

Compliance and enforcement is a cornerstone of the implementation of the laws and policies administered by government departments and authorities. Effective compliance and enforcement is important to promote voluntary compliance and deter and penalise non-compliance. Compliance and enforcement activities are particularly important where non-compliance can have serious impacts on third parties and the public interest, […]

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Developing Resilient Future Cities

The 2019 Asia Pacific Cities Summit (APCS) and Mayors’ Forum provided a platform for connection and conversations on cities’ innovation, mobility, liveability and sustainability. A powerful contingent of some 1480+ delegates, spanning 140 cities, close to 90 Mayors and Deputy Mayors, and entrepreneurs came together to solve complex problems to develop resilient future cities. What does this […]

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Businesses pay high price for environmental non-compliance

In Queensland, businesses that fail to comply with environmental obligations under the Environmental Protection Act 1994 (EP Act) risk enforcement and prosecution action by the Department of Environment and Science (Department), including the imposition of significant fines and recording of convictions, as illustrated by the following cases.   Waste Transfer Business A company operating a waste transfer […]

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Landowner wins appeal against Council enforcement notice

The Planning and Environment Court in Benfer v Sunshine Coast Regional Council[2019] QPEC 6 has held that an enforcement notice given to a landowner in relation to an alleged development offence should be set aside due to deficiencies in the content of the notice, including a lack of detail as to the nature and timing of […]

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Development refused due to inconsistency with Centres Strategy

The Planning and Environment Court in Hotel Property Investments Ltd v Council of the City of Gold Coast [2019] QPEC 5, refused a change application (other) lodged in accordance with sections 78 and 82 of the Planning Act 2016 (Planning Act) for an existing approval from showrooms and a café to offices on a site located in […]

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The duty of care of a public authority

A recent Queensland decision[1] raises the important issue as to when a pubic authority, in the exercise of its statutory powers, will owe a common law duty of care to the public. In 2012, a three-year old child was hit and fatally injured in the carpark area of a Hungry Jack’s restaurant complex. The driver […]

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Enforcement authorities can take pre-emptive action to avoid non-compliance

Planning and environmental laws establish a wide range of offences and powers to deter and penalise non-compliance, and enforcement action is often directed at remedying or prosecuting breaches. Enforcement authorities however also often have a range of powers to take pre-emptive action to avoid non-compliance and stop breaches before they occur.  A recent example of […]

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Court approves dwellings despite non-compliance

The Planning and Environment Court in The Planning Place Pty Ltd v Brisbane City Council [2018] QPEC 62, recently approved a proposed redevelopment of a corner block located in Windsor for two dwelling houses proposed to be three storeys in height above a basement carpark, each to be located on its own allotment. In this case, the […]

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Council wins costs against company and director

In Gold Coast City Council v Adrian’s Metal Management Pty Ltd & Ors (No.2), the Planning and Environment Court has awarded costs on the standard basis against the company and its director in enforcement proceedings taken by the Council to stop the unlawful operation of a scrap metal yard.Enforcement Proceedings The company operated a scrap metal […]

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When is a decision subject to judicial review?

The Judicial Review Act 1991 (Qld) (JRA) provides an avenue for a person aggrieved by an administrative decision to seek judicial review. However, the right of a person to make an application for review of a decision[1] and the power of the Court to make orders[2] depend on the existence of ‘a decision to which […]

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More greenspace for Brisbane

As part of the Brisbane City Council’s (Council) commitment to implementing ‘Brisbane’s Future Blueprint’, it has recently further announced its support for the implementation of rooftop gardens as part of new developments, to bolster inner-city greenspace through proposed amendments to the Brisbane City Plan (City Plan). The proposed amendment to the City Plan, is to […]

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Stayin’ alive: Revival of lapsed Development Approvals

The currency period / expiry period for a development approval can be extended by making an extension application under section 86 of the Planning Act 2016, but only if the request is made to the assessment manager prior to the lapsing of the development approval. The Court has a wide discretion to excuse non-compliance with […]

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