Environmental & Regulatory Litigation

Environment notices, penalties and court cases

We handle environmental and regulatory disputes: clearance and licensing conditions, notices and penalties from the Department of Environment, proceedings in the Environment Court, closure and stop-work orders, and challenges to regulatory decisions by writ where they exceed the authority’s power.

Regulatory notices and penalties

A show cause notice is the moment to engage, not the moment to panic. A properly evidenced reply, filed in time, resolves a large share of these matters before any penalty is imposed. Where a penalty or closure order has been made, there are appeal routes and, in the right case, a writ.

Environmental proceedings

The Environment Court Act 2010 provides the forum for environmental offences and claims. We act for businesses defending proceedings, and on compliance strategies that keep them out of court in the first place.

Clearance and compliance

Most enforcement follows a gap in clearance, monitoring or waste management obligations. We advise on the conditions attaching to a clearance and on putting compliance on a defensible footing.

What helps

• The notice, order or penalty, with its date
• Environmental clearance certificates and their conditions
• Monitoring data, test reports and compliance records
• Correspondence with the regulator and site records

Where it is heard, and how long it takes

Depending on the matter, proceedings run before the regulator, the Environment Court, or the High Court Division on a writ. Interim protection against a closure or stop-work order is usually the first priority and can be sought quickly. Substantive matters run over months.