On 31 July 2015, amendments to the Environmental Planning and Assessment Act 1979 (EP&A Act) (assented to on 19 November 2014) commenced, including new penalties for breaches of planning law, a new offence regime and increased enforcement powers.

As we outlined previously, the reforms include a new tiered offence system modelled on the Protection of the Environment Operations Act 1979. For example, for tier 1 offences such as carrying out development without approval, a corporation can be charged up to $5 million plus additional penalties for continuing offences. Alternative sentencing and increased investigation and enforcement powers have also commenced.

Other provisions will commence on 30 September 2015, including the offence of providing false or misleading information. A person is guilty of an offence where a person provides information in connection with a "planning matter" that the person knows, or ought to have known, was false or misleading in a material manner. A person provides information in connection with a planning matter if:

  1. the person is an applicant for consent, approval or certificate under the EP&A Act and the information was provided in connection with that application;
  2. the person is engaged by the applicant and the information is provided in connection with an application;
  3. the person is a proponent of a proposed development and the information is requested in connection with the making of, for example, an environmental planning instrument; or
  4. the information is provided in connection with any other matter that the regulations declare to be "the provision of information in connection with a planning matter" (declared matter).1

The Environmental Planning and Assessment Amendment (Offences and Enforcement) Regulation 2015 (Regulation) was also published on 31 July 2015 to support the new offence regime. In particular, it extends the false and misleading offence by making the provision of information in connection with a condition of approval for development consent, a transitional Part 3A Project or state significant infrastructure a declared matter. For example, where an approval requires the furnishing of information to a consent authority, such as a contamination report by way of a condition, the provision of that information is now captured by the false and misleading offence provisions.

The maximum penalty for providing false and misleading information is $1 million for a corporation and $250,000 for an individual (plus additional penalties for continuing offences) and will apply to information supplied on or after 30 September 2015.

Footnotes

1 Environmental Planning and Assessment Amendment Act 2014, schedule 1, section 13 (new clause 148B).

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.