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
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
YOU CAN'T ASK THAT! SUBMITTING QUESTIONS OF LAW TO THE COURT OF CRIMINAL APPEAL UNDER S.5AE OF THE CRIMINAL APPEAL ACT 1912 (ORR V COBAR MANAGEMENT PTY LIMITED [2020] NSWCCA 220) (INSIGHT) – Read online
Download publication: PDF
Authors: Sarah-jane Morris, Sarah Ienna, Nicholas Geason
Publication date: 7 September 2020
"I DID IT, BUT...": A PROSECUTOR'S OBLIGATION TO TENDER MIXED STATEMENTS (NGUYEN V THE QUEEN [2020] HCA 23) – Read online
Download publication: PDF
Author: Sarah-jane Morris
Publication date: 3 July 2020