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This book provides a detailed guide to handling
enforcement issues and proceedings in the planning and environment
jurisdiction in Queensland.
Written for lawyers, compliance officers and local
government prosecutors who are new to the field, topics covered include
planning and environmental offences, conditions of development approvals,
investigations, statutory notices, duplicity, negotiations, compromising
prosecutions, court proceedings, defences and sentencing. Explanations of
the law are supported by analyses of cases, practical commentary and
practice tips. While aimed primarily at new-comers to the jurisdiction, the
text's extensive scope and analyses mean aspects of the work will also be of
interest to experienced practitioners.
The text incorporates a detailed overview of the
Integrated Planning Act 1997, planning instruments and the interaction
of planning and environmental statutes with a view to assisting the reader
who has no prior experience in the field to get up-to-speed quickly with,
and acquire a working knowledge of, laws, concepts and operational
frameworks relevant to dealing with enforcement issues.
Written by Leanne O'Brien, a solicitor in the legal
division of the Brisbane City Council, with a foreword by Judge Alan Wilson
SC of the Queensland Planning and Environment Court, the text will provide a
ready-reference for anyone involved in enforcement matters.
Contents
(to view full table of
contents -
click
here)
Ch 1 -
Overview of Integrated Planning Act 1997
Ch 2 - Planning
instruments
Ch 3 -
Interaction of Integrated Planning Act 1997 with other legislation
Ch 4 - Offences
Ch 5 - Conditions
of development approvals
Ch 6 - Conducting
investigations
Ch 7 - Statutory
notices
Ch 8 - Preparing
for and conducting legal proceedings
Ch 9 - Duplicity
Ch 10 -
Negotiated outcomes, sentencing and finalising proceedings
About the Author
Leanne is a solicitor in the
legal division of the Brisbane City Council. Admitted in 1999, Leanne
advises on planning, environment, local government and local laws. Leanne
has extensive experience in handling enforcement matters, including the
conduct of quasi-criminal prosecutions, primarily for offences under the
Integrated Planning Act 1997 and Environmental Protection Act 1994. Leanne
previously worked in private practice, specialising in town planning and
environmental law. Leanne is the unit co-ordinator and lecturer of Planning
Law at the Queensland University of Technology’s School of Law and a guest
lecturer for the University of Queensland’s School of Geography, Planning
and Architecture.
Reviews
Ms O’Brien’s book will serve as an important aid to those who must
contemplate enforcement proceedings. Chapters 1 to 3, which address the
central tenets of planning and environment law and its workings, will be
invaluable for those (like criminal lawyers) who may be coming to it afresh;
Chapters 4 to 10, which explain the fundamental elements of the
investigation, commencement and conduct of enforcement action in its various
forms will greatly assist civil lawyers with, say, a sound knowledge of town
planning precepts but little experience of what to do when planning goes
awry … That said, the book is much too wide-ranging and intelligent to be
thought of only as a primer for lawyers venturing outside their customary
practice areas. Its exposition of core principles of planning and
environment law and the interrelationships between the Integrated Planning
Act 1997, the Environmental Protection Act 1994 and the Vegetation
Management Act 1994 is lucid and detailed … When and where questions about
enforcement proceedings arise lawyers, instrumentalities, local authorities
and citizens will find a wealth of assistance in this new work.
- Alan Wilson SC, DCJ Judge of the Planning and
Environment Court (Qld) (excerpt from Foreword)
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