If you’re a landholder or business owner facing prosecution for breaching planning or environmental laws, the consequences can be serious – fines, criminal convictions, court orders to stop work, or mandatory remediation. These cases are usually brought by councils or State government departments, and often proceed on a strict liability basis, meaning you can be found liable even if the breach wasn’t intentional.
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Representation and Approach
Court Representation
Most regulatory prosecutions start in the Magistrates Court as summary proceedings. Some prosecutions may escalate to the Planning and Environment Court, particularly if the regulator is seeking enforcement orders, declarations, or injunctions.
I represent clients in both courts. You’ll get continuity of legal support—from the first regulator contact through to any final court hearing or negotiated resolution.
My Approach
These prosecutions involve a complex mix of regulatory compliance and criminal law. I take a direct, practical approach, giving you clear advice on the strength of the case, the options available, and the likely consequences.
I don’t drag things out. I focus on getting to the heart of the issue quickly, whether that means negotiating with the regulator or mounting a defence in court.
Who I Act for
01.
Landholders
Landholders accused of unlawful land use, vegetation clearing, or water contamination. Individuals defending prosecutions under the Planning Act 2016 or Environmental Protection Act 1994
Businesses
Businesses charged with development offences or environmental breaches.
02.
Owners and Operators
Owners and operators of rural, industrial, and commercial properties facing enforcement.
03.
Why Early Legal Advice Matters
Responding properly from the start can make a major difference. Whether you’ve received a show cause notice, an enforcement notice, or a court summons, early advice helps you avoid missteps, limit penalties, and preserve your rights.
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Common Types of Matters
I regularly act in matters involving
- Building or using land without development approval
- Breaches of conditions of an existing approvals
- Clearing of vegetation
- Allegations of pollution, runoff, or illegal dumping
- Show cause, compliance, or enforcement notices
- Prosecutions under the Environmental Protection Act 1994 or Planning Act 2016
- Biosecurity incidents or compliance breaches under the Biosecurity Act 2014
- Food safety enforcement under the Food Act 2006
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