Local Government - Council Prosecutions

The purpose of this paper is to provide a review of council enforcement activities as they have unfolded over the course of the current year, primarily through an update and analysis of the judgements of the Land and Environment Court. Both of the parallel "hierarchies" of enforcement tools that are available to councils through civil and criminal processes will be reviewed. The lens of the Court's judgements will be used to identify the potential hazards that a council may encounter when seeking to secure compliance with the regulatory framework, as well as the difficulties that a regulated party may be confronted with when seeking to defend against a council enforcement action.

Presented by:
Michael Arch Concordia Pacific on Tuesday 23 November 2010.

Michael Arch has 29 year's experience in local government and pollution law and town planning.

Michael's extensive experience includes Senior Legal Officer with the New South Wales Environment Protection Agency, Senior Solicitor in Sydney City Council’s Prosecutions Unit, and as a solicitor in private practice. Michael has also served as co-editor of the leading environmental law reporting service in NSW, the Environmental Responsibilities Law Service, and has been honoured with the grant of the John Hennessy Fellowship by the NSW Law Society.

Register Online

Download the Booking Form