Continuation or institution of proceedings against amalgamated councils: Environment Protection Agency v Wellington Council

Authors: Alexandra Bartlett and Clifford Ireland

The case of Environment Protection Authority v Wellington Council was one of a series of cases in which the Courts had to consider the practical legal consequences of the NSW government’s decision to merge local councils.  The particular issue in this case, and discussed in the article, was whether the statutory language in the merger proclamation provided for the transfer of criminal liability of dissolved councils to new councils.  The Article first appeared in the May edition of the Local Government Reporter.

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