Regulatory & Environment
The Regulatory & Environment practice group specialises in advising and representing agencies in relation to:
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regulatory compliance, including in the context of planning and environment
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regulatory prosecutions
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complex legal issues in the regulatory context, including prosecutorial duties and accusatorial principles
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statutory interpretation advice in the environment and natural resources context
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criminal law, including law enforcement powers, evidence and procedure.
The team has expertise in complex prosecutions, including those requiring expert evidence addressing liability and/or harm.
We offer clients a range of options for conducting oral advocacy in regulatory prosecutions. The team includes solicitors with advocacy expertise, specialised in-house solicitor advocates and briefing counsel.
Examples of our work for clients
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Representing the prosecutor in Local Court and Land and Environment Court prosecutions for various offences under the
Water Management Act 2000, including carrying out works and taking water without or contrary to the requisite approvals.
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Representing the prosecutor for offences under the
Fisheries Management Act 1994, including offences raising s. 211 of the
Native Title Act 1993 (Cth).
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Representing the prosecutor in prosecutions against child centre operators for offences concerning risks to the safety of children under the Children (Education and Care Services) National Law (NSW).
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Representing the prosecutor in election funding and other electoral prosecutions on behalf of the NSW Electoral Commission.
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Advising agencies on the compliance requirements for infrastructure dewatering activities under the
Water Management Act 2000.
Recent publications
TO PUNISH OR TO COMPENSATE: THE ROLE OF COSTS IN SENTENCING
(SAFEWORK NSW V WILLIAMS TIMBER P/L; & EASY FALL GUTTERING P/L [2021] NSWCCA 233) (INSIGHT) –
Access online.
Authors: Johanna Geddes, Gillian Buchan, Paris Donnelly
Publication date: 21 December 2021
KNOW YOUR LIMITS: MAXIMUM PENALTIES AND JURISDICTIONAL LIMITS
Authors: Johanna Geddes, Paris Donnelly
Publication date: 11 February 2022
WHEN SELF-INCRIMINATING EVIDENCE CAN BE USED: THE LIMITS OF THE ACCUSATORIAL PRINCIPLE
(TURNBULL V OFFICE OF ENVIRONMENT AND HERITAGE [2021] NSWCCA 190 (INSIGHT) – Read online. Authors: Jonathan Vasiliou, Jessica Wardle, Sophie Sauerman
Publication date: 1 October 2021
'CLEAR THE SITE, BUT...' VICARIOUS LIABILITY FOR ACTIONS OF AN INDEPENDENT CONTRACTOR
(CHIA V KU-RING-GAI COUNCIL [2021] NSWCCA 189) (INSIGHT) – Read online. Authors: Jonathan Vasiliou, Jessica Wardle, Katrina Frearson
Publication date: 1 October 2021
A FINDING OF GUILT ONLY: SECTION 10(1)(A) DISMISSALS FOR ENVIRONMENTAL OFFENCES (INSIGHT) – Read online Download publication: PDF
Authors: Sarah-jane Morris, Natalie Czapski, Amelia Cook
Publication date: 27 April 2021
LETTING GO OF BAD BLOOD?ASSESSING PROBATIVE VALUE UNDER S. 138, EVIDENCE ACT
Download publication: PDF
Authors: Sarah-jane Morris, Katrina Frearson, Luke Teo
Publication date: 8 March 2021
MIND YOUR MENS REA! WHEN IS STATE OF MIND RELEVANT IN CRIMES OF STRICT LIABILITY?
(CHAHOUD V PENRITH CITY COUNCIL [2020] NSWLEC 167) (INSIGHT) – Read online
Download publication: PDF
Authors: Sarah-jane Morris, Gillian Buchan, Katrina Frearson
Publication date: 18 December 2020
THROUGH MUDDY WATERS: CLARITY ON THE QUESTION OF DUPLICITY IN CHARGING FOR ENVIRONMENTAL OFFENCES (KIANGATHA HOLDINGS PTY LTD V WATER NSW [2020] NSWCCA 263) (INSIGHT) – Read online
Download publication: PDF
Authors: Sarah-jane Morris, Kathryn McCallum, Natalie Czapski
Publication date: 26 October 2020