In the media - National
55 sustainable investment options for a brave new
world
Produced by the UN Global Compact, a new report is based
on a survey and consultation with more than 17,000 business leaders
across five continents. This addresses four of the 17 Sustainable
Development Goals most likely to be missed - Goal 10: Reduced
Inequalities, Goal 12: Responsible Consumption and Production, Goal
13: Climate Action and Goal 14: Life below Water (22 March 2018).
More... More...
Cycling and walking are short-changed when it comes to
transport funding in Australia
Research has collated data for all the states and
territories and our three biggest cities, and found that cycling
and walking receive a tiny fraction of overall transport
infrastructure funding. To improve cycling and walking
infrastructure in our cities, funding will have to increase
significantly (19 March 2018).
More...
Building industry backs RBA on zoning
The Reserve Bank, in a research paper released last week,
said zoning regulations were restricting housing supply, which in
turn pushes up prices. But Planning Institute of Australia said the
central bank's research is misleading and yet another attempt
to shore up the popular misconception that getting rid of controls
on land-use will solve the housing affordability crisis (11 March
2018).
More...
Legal concerns over plan to extend 'outdated'
regional forestry agreements
The Federal Government is staring down the prospect of
legal challenges to a series of forest agreements allowing logging
in native forests, with one lawyer saying their proposed plans
would "lock-in decades of future logging on the basis of
vastly outdated science" (21 March 2018).
More...
Property sector turns eye to social sustainability
It is accepted as a truism in energy efficiency circles
that "you can't manage what you don't measure".
And with social sustainability a rising trend in terms of industry
focus, the push is now on to find ways to apply a similar
metrics-based approach to people-focused initiatives (20 March
2018).
More...
How cities can leverage smart data to boost building
efficiency
A free toolkit has been published to help local
governments, utilities and other building industry players
replicate the success of some US cities in leveraging smart data to
make buildings more efficient and pleasant for occupants (20 March
2018).
More...
PCA: Stepping up action on social sustainability
With the nation's premier annual conference on
sustainability in the built environment underway this week in
Melbourne, the Property Council is turning the spotlight on social
sustainability as the next significant area of concerted industry
action (15 March 2018).
More...
Liddell's future reinforces need for the National
Energy Guarantee
Advice by the Australian Energy Market Operator
(AEMO) released today vindicates the Turnbull
Government's concern about the proposed closure of AGL's
Liddell Power Station in 2022 and reinforces the need to ensure
sufficient dispatchable power in the system. At 1800MW, the Liddell
Power Station supplies more than 10 per cent of New South
Wales' demand and provides energy to around one million homes
(23 March 2018).
More...
In the media - Victoria
Shovels in the ground for MREP an Australian first
Melbourne Renewable Energy Project partners and Pacific
Hydro will today celebrate the official start of construction on a
new 80 MW wind farm in Crowlands, near Ararat. The wind farm will
provide electricity to 14 leading organisations which have combined
their purchasing power to support the development of new renewable
energy infrastructure in regional Australia (23 March 2018).
More...
ARENA to provide $25 million to jointly fund
Victoria's first large-scale, grid-connected batteries
The Australian Government through the Australian
Renewable Energy Agency (ARENA) has announced it
will match the $25 million by the Victorian Government to jointly
fund Victoria's first two large-scale, grid-connected batteries
as part of the Victorian energy storage initiative (22 March 2018).
More...
Hydro electricity storage feasibility explored in
Bendigo
The Victorian state government has announced that it is
calling for expressions of interest to investigate the viability of
using pumped hydro to store electricity in Bendigo's empty
mineshafts (21 March 2018).
More...
More...
Three's company for hot water
A new housing development in Melbourne's south east
will incorporate a range of unprecedented water saving features as
part of a collaboration between South East Water and residential
land developer Villawood Properties. It's on track to become
what has been described as Australia's most sustainable urban
residential development that will push the boundaries in
eco-friendly living (21 March 2018).
More...
In the media - New South Wales
Half of Sydney's offices are aiming for a greener
skyline - and it's paying off
Sydney's big end of town is emerging as a global
leader in emissions reductions, with half the city's offices
set to reach their agreed upon goal years before the target date,
and they're saving millions in the process (25 March 2018).
More...
EPA fines Doyalson concrete plant for air
pollution
The NSW Environment Protection Authority
(EPA) has fined Hanson Construction Materials Pty
Ltd $8,000 for an alleged repeat air pollution offence, after
concrete dust was not properly managed and twice blew onto a
neighbouring property (21 March 2018).
More...
EPA fines Wyong waste facility $15,000 for outdoor waste
storage
The NSW Environment Protection Authority
(EPA) has fined Alcon Disposals Pty $15,000 for
allegedly storing solid waste in an outdoor area, contrary to the
conditions of its environment protection licence (20 March 2018).
More...
$47 million to support recycling in NSW
The NSW Government will release a one-off package of up
to $47 million to support local government and industry to respond
to China's National Sword policy, Environment Minister
Gabrielle Upton announced today (19 March 2018).
More...
NSW Government secures historic Fernhill Estate for open
space
The NSW Government has entered into a contract to
purchase the central precinct of the historic Fernhill Estate at
Mulgoa to enhance quality green open space for the people of
Western Sydney to enjoy for future generations (14 March 2018).
More...
NSW Government delivers more affordable homes
More affordable housing stock is being delivered to
inner-Sydney, following the release of more than $23 million to a
key affordable housing supplier, thanks to a NSW Government policy
(14 March 2018).
More...
NSW returns more than 150 million drink containers
More than 150 million drink containers have been refunded
through Return and Earn and more than 500 collection points are now
open across NSW, helping to keep our environment container-free (14
March 2018).
More...
Scared of drinking recycled sewage water? It's
possible you already are
The prospect of drinking recycled sewage water may be
confronting to many, but what most don't realise is that
Australia's biggest city, Sydney, already allows "indirect
potable reuse" of its water (13 March 2018).
More...
Campbells Cove upgrade receives green light
The historic Campbells Cove promenade along Sydney
Harbour will undergo a major $15 million upgrade following approval
from the NSW Government. Minister for Finance, Services and
Property Victor Dominello said the waterfront changes will protect
the heritage fabric of the precinct for future generations and
improve public open space for visitors (12 March 2018).
More...
NRC: Commenced audits of emergency response capability
and implementation of major reforms
The Minister for Primary Industries requested the
Commission to conduct these audits in response to the
Commission's 2017-2018 proposed risk-based audit plan for Local
Land Services (12 March 2018). More... More...
In the media - Queensland
Disgust as proposal at abandoned mine canned
Farmers who live near one of Queensland's biggest
abandoned mines believe they have just lost their last chance for a
toxic environmental legacy to be reversed (24 March 2018).
More...
Vision progresses for a new Waterfront Precinct for
Brisbane
The Palaszczuk Government has given a green light to
Dexus to progress to the next stage with their proposal to
transform Brisbane's Eagle Street Pier into a premium business
and leisure destination (23 March 2018).
More...
Individual fined $45,000 for illegal waste
activities
A Mount Morgan land owner has been convicted and fined
$45,000 on charges relating to the illegal storage and handling of
regulated waste on his property. John Kevin Campion pleaded guilty
to the charges in the Rockhampton Magistrates Court on 12 March
2018 (15 March 2018).
More...
Gold Coast Council Approves $550m Regeneration of Old
Hospital Site
The site of the former Gold Coast Hospital in Southport
will be transformed into a $550 million master planned residential
hub, with council giving their tick of approval for the first stage
of "Queen Street Village" (17 March 2018).
More...
'Out of balance': Adani fined $12k for
pollution, protesters to pay $80k for port action
Protesters who shut down part of Adani's north
Queensland coal port have questioned why they were collectively
fined almost $80,000 - more than six times what the mining company
faces for dumping coal-polluted water (16 March 2018).
More...
In Practice and Courts
Commonwealth
Productivity Commission Inquiry into the Murray-Darling
Basin Plan
The Australian Government has announced a Productivity
Commission inquiry into the effectiveness and implementation of the
Murray-Darling Basin
Plan and water resource plans. An issues
paper outlining the inquiry's scope, procedures and key
issues is being exhibited with submissions due by 19 April
2018.
Coastal Swamp Oak Forest of NSW and South East
Queensland on the list of threatened ecological communities
The Assistant Minister has approved the inclusion of
Coastal Swamp Oak Forest of New South Wales and South East
Queensland in the Endangered category on the list of threatened
ecological communities (21 March 2018).
More...
Australian marine parks update
The Government has allocated $56 million to implement
these plans, including funding for community engagement and science
and an appropriate adjustment package which government will consult
with industry on. Under these plans, Australia will have
world-class management of all marine parks in our oceans, starting
from 1 July 2018 (20 March 2018). More...
More...
NGER: 2016-17 Safeguard facilities information is now
available
The Clean Energy Regulator today released the
2016-17 safeguard facility reported emissions data. In 2016-17,
203 safeguard facilities had a total of 131.3 million tonnes carbon
dioxide equivalent (CO2-e) covered emissions (14 March
2018).
More...
More...
CER: Seventh Emissions Reduction Fund auction
The Clean Energy Regulator will hold a
seventh Emissions Reduction Fund auction on Wednesday 6 and
Thursday 7 June 2018. This auction announcement comes after the
release of the
agricultural systems soil carbon method, providing opportunity
for new sectoral engagement in the Emissions Reduction Fund. For
additional information on the timeframes for participation in the
seventh auction, see
participating in an auction (07 March 2018).
Solar Communities Program round 2 announced
Guidelines for round 2 of the Solar Communities Program
are now available. Round 2 of the Program will be open to
applications from 13 March 2018 to 31 May 2018 (07 March 2018).
More...
'Think Big' Regional Australia-the Regional
Growth Fund is Now Open
The Australian Government's highly anticipated $272
million Regional Growth Fund is officially open for applications
from across regional Australia. All interested parties are
encouraged to apply by 27 April 2018. For more information on the
program, including the guidelines and application process, please
visit grants.gov.au (01
March 2018).
More...
Emissions Reduction Fund Safeguard Mechanism
consultation paper released
The Government is currently consulting on ways to improve
the Safeguard Mechanism to make it fairer and simpler. Submissions
are due 30 March 2018.
More...
Department of Environment and Energy: Current
Consultations
Consultation on the operation of the Emissions Reduction Fund
Safeguard Mechanism - Open until 30 March 2018.
Review of the Carbon Credits (Carbon Farming Initiative) (Native
Forest from Managed Regrowth) Methodology Determination 2013 -
Open until 13 April 2018.
Review of the Carbon Credits (Carbon Farming Initiative)
(Human-Induced Regeneration of a Permanent Even-Aged Native
Forest-1.1) Methodology Determination Variation 2016 - Open
until 13 April 2018.
Spray Drift Management
This proposed spray drift management approach from the
Australian Pesticides and Veterinary Medicine Authority deals with
buffer zones, label instructions and drift-reducing technologies
(DRT). More...
New South Wales
Land and Environment Court: Pilot Duty Lawyer
Scheme
A duty lawyer scheme will be trialled in the Land and
Environment Court for a 6-month period commencing 6 April 2018. The
pilot scheme is aimed at assisting self-represented litigants in
Classes 4 and 5 of the Court's jurisdiction. If it proves
successful it may be broadened to other Classes or types of
proceedings in the Court. More...
NSW Land Use and Transport Strategies released
The NSW Government this week released two strategic plans
for Sydney and a long-term infrastructure plan for the entire
state. The
Greater Sydney Region Plan, proposes reshaping Greater Sydney
as a metropolis of three cities - the Western Parkland City,
Central River City and Eastern Harbour City - over the next 40
years.
The region plan prepared by the Greater Sydney Commission, was
released along with Transport for NSW's Future Transport 2056
Strategy (the Government's 40-year vision for the NSW
transport system) and the
State Infrastructure Strategy (prepared by Infrastructure NSW).
District
Plans for the five districts in the Greater Sydney Region were
also released.
NSW Freehold available for western graziers
Graziers in the Western Division of NSW can now apply to
convert their leases to freehold, Minister for Lands and Forestry
Paul Toole said today. The new arrangements bring the Western
Division in line with other parts of NSW. The new provisions take
effect from Monday 19 March. Information on Western Division lease
conversions can be found
here.
National call for new technology ideas to support action
on NSW water reforms
The NSW Government is inviting industry, researchers and
academics to apply for a share of $500,000 in funding for new
technology solutions to support best practice management and
monitoring of water in NSW. The new Water Pilot Technology Program,
a key part of the NSW Government's Water Reform Action Plan.
The grant applications will close on 23 April 2018. More
information and how to apply visit website
here (23 March 2018).
NSW water reform action plan
The Department of Industry-Water has announced the next
stage of its drive to deliver best practice water management in NSW
with the launch of consultation papers that seek community and
stakeholder input on four core areas of the NSW Water Reform Action
Plan. The community consultation period closes on 15 April 2018.
For further information about where the consultations are being
held, and to have your say, go to industry.nsw.gov.au/water-reform/consultation
(14 March 2018).
More...
Draft Regional Pest Animal Management Plans
NSW Local Land Services is seeking feedback on 11 draft
regional strategic pest animal management plans by 20 April. The
plans will guide resource allocation and investment across the
state and provide a consistent basis for regional planning and
delivery. Download
the plans. Feedback is being recorded via a short online
survey.
Announcements, Draft Policies and Plans released 2017
Queensland
'Extraordinary' edition of the Queensland
Government Gazette of 15 March 2018
State Development and Public Works Organisation Act
1971 - Gazettal of notice by the Minister for State
Development, Manufacturing, Infrastructure and Planning to extend
the time when the prescribed project declaration for the Gold Coast
International Marine Precinct ends by one year until 1 April
2019.
Cases
Victoria
St Vincent's Healthcare Limited v Yarra CC
[2018] VCAT 392
Clause 66(1)(b) Victorian Civil and Administrative
Tribunal Act 1998 - opinion on question of law - what matters
are relevant to consider when separate permissions are required
under the planning scheme - what is the role of the Tribunal when
making decisions about conditions under review in an application
for review under section 80 Planning and Environment Act
1987 where a permit has been granted.
AMES Australia v Whitehorse CC [2018]
VCAT 387
Section 57 Planning and Environment Act 1987 -
what constitutes an objection - whether notice of decision to grant
a permit should have been given. The permit issued by the
responsible authority on 6 February 2018 is not valid because it
was issued contrary to section 64(3) of the Planning and
Environment Act 1987.
New South Wales
Pomering v Hawkesbury City Council
[2018] NSWLEC 1146
DEVELOPMENT APPLICATION: boarding house; strata
subdivision of site to create two lots and common property,
existing heritage listed dwelling; provision of parking; whether
there is sufficient parking spaces for potential future commercial
use of existing dwelling; whether an accessible parking space
should be provided; amenity.
Fordham v Environment Protection Authority
[2018] NSWLEC 28
CIVIL ENFORCEMENT - investigation by regulator into
transportation and application of waste to riverbank - persons
notified of statutory requirement to attend place and answer
questions - non-compliance with notices - whether applicants
protected against self-incrimination with respect to special
executive liability criminal proceedings - whether privilege
against self-incrimination constitutes lawful excuse to refuse to
answer questions - whether Court determination would constitute
impermissible advisory opinion - whether applicants in breach of
statute by failing to nominate place and time to answer questions -
whether applicants in breach of statute by failing to attend and
answer questions - whether Court should make orders to remedy
alleged breaches.
Parker Logan Property Pty Ltd v City of Ryde Council
[2018] NSWLEC 1134
APPEAL - development application for a boarding house
pursuant to State Environmental Planning Policy (Affordable
Rental Housing) 2009 - site has two street frontages -
compatibility with the character of the local area on each frontage
- amenity impacts.
Uniting Church in Australia Property Trust (NSW) v Parramatta City
Council
[2018] NSWLEC 1129
DEVELOPMENT APPLICATION: concept development application
for a mixed use development; demolition of existing buildings;
social benefit; whether the design excellence clause in
Parramatta Local Environment Plan 2011 applies to a
concept proposal; weight to a planning proposal to amend
Parramatta Local Environment Plan 2011; duration of
overshadowing of the protected area in Parramatta Square; impact of
the proposal on the heritage significance of a local heritage
item.
Geoffrey John Lomman v Windbelt Pty Limited
[2018] NSWLEC 29
JUDICIAL REVIEW - where development consent only
permissible for temporary purpose pursuant to cl 2.8 of LEP -
whether Council reached requisite state of satisfaction that use
would not adversely affect adjoining land or amenity of
neighbourhood - whether Council had sufficient evidence to reach
state of satisfaction - whether state of satisfaction a
jurisdictional fact - onus of proof in judicial review proceedings
- summons dismissed.
Queensland
Quintenon
Pty Ltd v Brisbane City Council [2018]
QPEC 013
PLANNING AND ENVIRONMENT - COSTS - Application for costs
by successful appellant - application for costs of appeal from the
date a Calderbank offer lapsed to the date reasons for judgment
delivered - whether the Council unreasonably failed to accept the
offer - where Council's experts expressed concerns about
aspects of the proposal the subject of the offer - whether the
Council unreasonably failed to detail its requirements in relation
to its residual concerns - whether other bases for costs of the
appeal - whether appellant should have its costs of the costs
application in any event.
Wason
v Gympie Regional Council (No 2) [2018]
QPEC 012
ENVIRONMENT AND PLANNING - COSTS - Where the applicant
brought a successful planning appeal against the respondent - Where
the applicant subsequently brought an application for costs -
Whether the court ought exercise its discretion to award costs.
Springsure
Creek Coal Pty Ltd v Arcturus Downs Limited [2018]
QLC 5
PROCEDURE - STATE AND TERRITORY COURTS: JURISDICTION,
POWERS AND GENERALLY - MOTIONS, INTERLOCUTORY APPLICATIONS AND
OTHER PRE-TRIAL MATTERS - OTHER MATTERS - whether the Land Court of
Queensland has the power to make a compensation determination prior
to a judgment being handed down in an application for mining lease
- where final submissions have not been heard in the mining lease
application - where expert evidence has not been filed in the
compensation application - whether in the circumstances the Land
Court should make a compensation determination in a hypothetical
case.
Central
Highlands Regional Council v Geju Pty Ltd [2018]
QCA 038
LOCAL GOVERNMENT - LEGAL RELATIONSHIPS AND PROCEEDINGS -
LIABILITY FOR TORTS - NEGLIGENCE - PARTICULAR CASES - CARELESS OR
NEGLIGENT STATEMENTS - where the appellant council issued a limited
planning and development certificate to the new owner of a lot
which incorrectly noted the lot as zoned industrial - where the lot
was zoned rural - where a previous owner had successfully applied
for a material change of use over the lot from rural to industrial
that would lapse within four years of being granted - where the
respondent purchaser relied on a statement in the limited planning
and development certificate that the lot was zoned industrial when
purchasing the lot - where the lot was worth considerably less than
the purchase price as a result of its real zoning - where the
limited planning and development certificate was not issued to the
respondent - where the respondent argued that it was a member of an
identified class of persons who the appellant knew or ought to have
known would receive the information - whether the appellant owed
the respondent a duty of care.
Adrian's
Metal Management Pty Ltd v Gold Coast City Council [2018]
QPEC 011
(17/2429) RS Jones DCJ 1 March 2018 (delivered ex
tempore)
Scrap metal business and associated operations carried out on
the subject land is creating a noise nuisance to the extent that it
constitutes an unlawful act under the Environmental Protection
Act 1999.
Beerwah
Land Pty Ltd v Sunshine Coast Regional Council [2018]
QPEC 010
REFUSAL OF DEVELOPMENT APPLICATION - where respondents
refused appellants application under the respondent's
Superseded Planning Scheme for a Development Permit to reconfigure
a lot in to 16 separate lots - where development included a new
road - where subject land located proximate to an existing poultry
farm operation.
ALLEGED CONFLICT WITH PLANNING SCHEME - where numerous conflicts
with the Planning Scheme alleged - inappropriate and unsafe access
- inappropriate design - adverse amenity impacts including
emissions from nearby rural activity - "reverse amenity"
and failure to maintain appropriate "urban design".
NEED - whether in the event there was conflict with the planning
scheme - the extent and nature of the conflict - whether sufficient
grounds to warrant approval despite the conflict.
Legislation
New South Wales
Proclamations commencing Acts
Crown Land Management Act 2016 No 58 (2018-86) - published LW 16 March 2018.
Regulations and other miscellaneous instruments
Crown
Land Management Regulation 2018 (2018-88) - published LW
16 March 2018.
Environmental
Planning and Assessment Further Amendment Regulation 2018
(2018-89) - published LW 16 March 2018.
Environmental
Planning and Assessment Amendment (Snowy 2.0 and Transmission
Project) Order 2018 (2018-82) - published LW 9 March
2018.
Environmental Planning Instruments
Armidale
Dumaresq Local Environmental Plan 2012 (Amendment No 10)
(2018-92) - published LW 16 March 2018.
Hurstville
Local Environmental Plan 2012 (Amendment No 12) (2018-93)
- published LW 16 March 2018.
Lake
Macquarie Local Environmental Plan 2014 (Amendment No 26)
(2018-94) - published LW 16 March 2018.
The
Hills Local Environmental Plan 2012 (Amendment No 41)
(2018-95) - published LW 16 March 2018.
Clarence
Valley Local Environmental Plan 2011 (Amendment No 38)
(2018-99) - published LW 23 March 2018.
Lismore
Local Environmental Plan 2012 (Amendment No 28) (2018-100)
- published LW 23 March 2018.
Nambucca
Local Environmental Plan 2010 (Amendment No 21) (2018-101)
- published LW 23 March 2018.
Newcastle
Local Environmental Plan 2012 (Amendment No 26) (2018-102)
- published LW 23 March 2018.
Orange
Local Environmental Plan 2011 (Amendment No 22) (2018-103)
- published LW 23 March 2018.
Port
Macquarie-Hastings Local Environmental Plan 2011 (Amendment No
44) (2018-104) - published LW 23 March 2018.
Standard
Instrument (Local Environmental Plans) Amendment (Coastal
Management) Order 2018 (2018-105) - published LW 23 March
2018.
State
Environmental Planning Policy (Coastal Management) 2018
(2018-106) - published LW 23 March 2018.
State
Environmental Planning Policy (State and Regional Development)
Amendment (State Significant Development) 2018 (2018-98) -
published LW 21 March 2018.
Sydney
Local Environmental Plan (Green Square Town Centre-Stage 2) 2013
(Amendment No 3) (2018-107) - published LW 23 March
2018.
The
Hills Local Environmental Plan 2012 (Amendment No 51)
(2018-108) - published LW 23 March 2018.
Willoughby
Local Environmental Plan 2012 (Amendment No 12) (2018-109)
- published LW 23 March 2018.
Consultation or Exposure Bills
Water Management Amendment Bill 2018
Consultation draft: 15/03/2018 - An Act to amend the
Water Management Act 2000 with respect to water management
plans, conditions of approvals and licences, metering, the
provision of information and measures to protect environmental
water; and for other purposes.
Bills introduced Government - 16 March 2018
Smoke-free Environment Amendment Bill 2018
Bills assented to
Liquor and Gaming Legislation Amendment Act 2018 No 7 -
Assented to 21 March 2018.
Casino Control Amendment Act 2018 No 8 - Assented to 21
March 2018.
Gaming Machines Amendment (Leasing and Assessment) Act
2018 No 9 - Assented to 21 March 2018.
For the full text of Bills, and details on the passage of Bills,
see Bills.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.