Overview

The various regulatory authorities overseeing the carrying out of development in each State and Territory have strong regulatory investigation and enforcement powers.

Severe penalties, including prison sentences, can imposed for breaches of planning and environmental laws. In some cases, Company Directors and Managers can be held liable for offences committed by their company.

How we can help

We assist clients to resolve complex regulatory matter by:

• advising them in relation to compliance issues;

• advising them in relation to any regulatory orders that may be issued including orders requiring the cessation of alleged unlawful activities or the cleaning up or remediation of pollution;

• advising about environmental incident response (including notification obligations);

• advising them on their rights and responsibilities in the event of:

  • a non-compliance with an approval or licence;

  • the commission of an environment or planning offence; or

  • an environmental incident;

• assisting with any regulatory investigation including:

  • responding to “show cause” letters;

  • responding to statutory notices such as notices to produce information and records or to attend an interview; and

  • preparing for and attending regulatory interviews;

• defending prosecutions; and

• providing training to managers and employees regarding compliance issues and responding to environmental incidents.

Our experience

Examples of projects with respect to which our Directors have demonstrated their experience advising on these matters can be found here.