Prosecutions Update, November 2011

Welcome to the final Prosecutions Update for 2011. Please click here to view the November prosecution results.

Our seminar, Getting it right - why does it matter? (held on 1 December 2011) was attended by over 60 prosecution officers. Among the matters considered were the vexed issues around 'powers of entry'.

As an adjunct to the seminar, we have published a bulletin that further considers powers of entry - noting in particular a recent Supreme Court decision and the outcome of a Magistrates' Court prosecution. Please download the pdf (on the left) to view the bulletin.

On 8 December 2011, the Supreme Court handed down its decision in DC Consolidated Pty Ltd v Maroondah City Council. The decision revolved around the application of section 126(2) of the Planning and Environment Act 1987 (Act). In essence, the Supreme Court held that the owner of land is guilty of an offence if that land is used or developed in contravention of a planning scheme, section 173 agreement or planning permit. The Court confirmed that mens rea is not an element of the offence.

As this is the final Update for 2011, the Prosecutions and Enforcement Team takes this opportunity to wish our valued and loyal clients, a Merry Christmas and a safe and productive New Year.

Kind regards

Maddocks Prosecutions and Enforcement Team