Article
Beyond Compliance: NSW Court Of Criminal Appeal Clarifies "Competent Manner" Obligations In Environment Protection Licences
The NSW Court of Criminal Appeal has confirmed that compliance with specific licence conditions is not a defence to a failure to act competently, however it remains relevant to whether activities were carried out properly and efficiently. The decision also reinforces the high bar for criminal liability, particularly where findings of incompetence turn on competing expert evidence.
Herbert Smith Freehills Kramer LLP