In the media
Urban Water Update 2019: Drought, Growth and
Liveability
The Urban Water Update 2019: Drought, Growth and
Liveability reflects on a year dominated by severe drought, and
explores future challenges and opportunities including population
growth, climate change and water's broader role in people's
lives (13 September 2019).
More...
Parliament backs farmers with Criminal Code Amendment
Bill set to become law
The Australian Senate passed the Criminal Code Amendment
(Agricultural Protection) Bill, meaning tough new penalties for
those who incite trespass, property damage or theft on agricultural
land will soon become law (12 September 2019).
More...
Australia's property industry global leader on
ESG
Australia's property industry has strengthened its
position as a world-leader on environmental, social and governance
(ESG) performance. The Australian and NZ real
estate sector has again outperformed other regions in the
world's most trusted sustainability benchmark, the Global ESG
Benchmark for real estate assets (09 September 2019).
More...
NSW
Missing Middle Delay Allows Councils To Define
Appropriate Locations For Townhouses
The Urban Taskforce says it will be some years since the
initial announcement by the NSW Government that a new complying
code for town houses and terrace houses will increase density
without the need for taller towers (19 September 2019).
More...
Fish Market redevelopment costs blow out by $500
million
Premier Gladys Berejiklian said the redevelopment was
"a significant investment, but well worth it" and that
detailed plans for the project will soon be placed on public
exhibition (19 September 2019).
More...
New EPA guides to help the construction industry
properly dispose of waste
The NSW EPA has published two new guidance documents to
help the construction and demolition industry strengthen their
procurement and contract processes around waste disposal (17
September 2019).
More...
What has skewed Sydney's population growth?
Labor's planning spokesman said there was a
"clear political dimension" to Sydney's uneven
population growth (09 September 2019).
More...
Queensland
Heritage projects across Queensland receive more than
$940,000 in funding
Owners and custodians of heritage-listed places will share
in more than $940,000 in funding to help protect Queensland's
important state heritage places (20 September 2019).
More...
Cul de sac safe after huge response to walkability
strategy
The Palaszczuk Government has received an overwhelming
response to public consultation on a new model code for
neighbourhood design (20 September 2019).
More...
Delay in Qld prosecution of Adani slammed
A court case over Adani allegedly providing false
information has been delayed before it started, after Adani applied
for the adjournment late on Thursday for more time to consider the
matter. Adani has claimed the allegations are over an
"administrative error", which was self-reported in
September 2018 (20 September 2019).
More...
AgForce, Local Government Association disagree on land
clearing rule
A decision by the High Court last week to uphold the power
of Queensland councils to control vegetation management on category
X land will make the process even more confusing for primary
producers, according to AgForce (18 September 2019).
More...
Barrier Reef facing endangered list if run-off laws
don't pass, Environment Minister warns
The Queensland Government is expected to pass a bill today
to introduce new mandatory farm run-off regulations to protect the
reef, despite opposition from agricultural groups (18 September
2019).
More...
Flood mitigation works reduce risk for 500+ Roma
properties
The flood risk for more than 500 Roma properties has been
officially downgraded, with the Palaszczuk Government approving
updated flood maps for the area after the completion of $8.3
million in flood mitigation works (17 September 2019).
More...
Peet Wins Approval for 1700 Lots in Logan Satellite
City
The Queensland government has approved the development of
1700 new lots in a $6.7 billion satellite city development in
Logan. Part of the priority development area, Flagstone was
earmarked by the Queensland government to fast track the supply of
affordable housing in what is considered as one of South East
Queensland's fastest-growing corridors (16 September 2019).
More...
Planning schemes to support ATSI knowledge, culture and
tradition
Queensland's planning legislation is leading Australia
in its recognition of the need to value, protect and promote
Aboriginal and Torres Strait Islander knowledge, culture and
tradition (12 September 2019).
More...
High Court ruling makes managing vegetation
'virtually impossible'
A decision by the High Court this week has made vegetation
management for Queensland primary producers even more confusing,
exposing them to fines of up to $600,000 per breach. The High Court
decision upheld the power of councils to control vegetation
management on 'Category X' land – about 20 per cent
of Queensland's landmass – where there is a local
planning scheme in place (13 September 2019).
More...
High Court boosts Queensland councils' power to
limit land clearing
The Queensland Court of Appeal upheld the original finding
in the Planning and Environment Court in favour of the council,
that affects one-fifth of the state's landmass (12 September
2019).
More...
Judge overrules council on rejected aged care high-rise
in Taringa
A planning court judge has overturned Brisbane City
Council's decision to reject a three-building high-rise aged
care centre in Taringa, after the applicants agreed to reduce the
size of the facility. The development on an 11,830-square-metre
block, submitted by TriCare in 2017, was rejected by the council on
grounds including that it was oversized and "dwarfed" the
low-lying suburb (12 September 2019).
More...
North Queensland Regional Plan released
The Property Council has welcomed the announcement that
the first-ever draft Regional Plan for North Queensland has been
released. The draft NQ Regional Plan is a 25 year strategic,
statutory planning document for the local government areas of
Burdekin, Charter Towers, Hinchinbrook, Palm Island and Townsville
(12 September 2019).
More...
New Tower Planned for 10 St Kilda Ave Broadbeach
A vacant 607sq m block at Broadbeach will have a 21-storey
tower comprising 60 units delivered to the slight site, if approved
by the Gold Coast City Council. The application, which seeks code
assessment for a mixture of 36 residential apartments and 24
short-term accommodation (10 September 2019).
More...
In Practice and Courts
Announcements, Draft Policies and Plans released 2019
NSW
Environment Protection and Biodiversity Conservation
Act 1999 [Gaz September 2019]
For further information see the referrals list. More...
NSW Fair Trading: Part 6 of the EP&A Act postponed
until 1 December 2019
The Part 6 provisions of the Environmental Planning
and Assessment Act have been postponed and will now start on 1
December 2019. This delay will allow time for the sector to adjust
to the regulatory changes that have been progressing around fire
safety and the Building and Development Certifiers Act
2018.
More...
Planning Circular – Commencement of Part 6
(building and subdivision certification provisions)
FAQ - Occupation certificate
FAQ - New mandatory compliance powers for private principal
certifiers
FAQ - New subdivision works certificate
Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Regulation 2000
If you have any queries, please contact the Department of
Planning, Industry and Environment.
More...
The Low Rise Medium Density Housing Code deferred
The State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008 (Codes SEPP) has been amended to
extend for a further short period, until 31 October 2019. For
landowners, pending recommendations of the review, landowners in
deferred council areas will not be able to use the Code to lodge a
complying development application for dual occupancies, manor
houses or terraces until 1 November 2019 (or 1 July 2020 in the
City of Ryde).
More...
EPA: Updated Contaminated Land Guidelines
Consultation
The NSW Environment Protection Authority
(EPA) is seeking feedback on two draft
contaminated land guidelines, one for
consultants reporting on contaminated land and the other for
assessing and managing hazardous ground gases. To view and
submit feedback visit the EPA's
consultation website. Consultation is open until 8 October
2019.
More...
Queensland
Waste tyre receivers in Queensland now need an
environmental authority
An environmental authority (EA) is now required for
activities that involve receiving and sorting, dismantling, baling
or storing greater than 4t or 4m3 of end-of-life tyres at any one
time. This activity is regulated under Environmentally Relevant
Activity (ERA) 62 - Resource recovery and transfer facility
operation in accordance with the Environmental Protection
Regulation 2019.
Learn more about the waste changes, including ERA 62.
Operators who were carrying out this activity prior to 23 November
2018 have until 23 November 2019 to hold an EA. For operators that
have not already lodged an EA application, it is recommended that
they submit one as soon as possible to allow enough time for the
department to process the application.
Stage 2 changes
Stage 2 commenced on 1 July 2019 and introduces the
remaining waste-related ERAs.
The information sheet
Fees for new waste environmentally relevant activities (ERAs) (PDF,
73K) details the new fees that apply for waste-related ERAs
from the first anniversary day after 15 November 2019 or the next
anniversary day if the environmental authority is amended before 15
November 2019.
North Queensland Regional Plan
The
draft NQ Regional Plan is a 25 year strategic, statutory
planning document for the local government areas of Burdekin,
Charter Towers, Hinchinbrook, Palm Island and Townsville.
Consultation on the draft document closes on 22 November 2019 (12
September 2019). More...
Environment Protection and Biodiversity Conservation Act 1999 [Gaz September 2019]
For further information see the referrals
list
2019/8508
ADANI INFRASTRUCTURE PTY LTD/Transport - Water/Galilee
Basin/Queensland/North Galilee Water Scheme Water Infrastructure,
near Clermont, Qld (13/09/2019)
DES Prosecution bulletins
A selection of the department's enforcement actions
are summarised in prosecution bulletins outlining the facts and
outcomes of finalised prosecutions.
Prosecution bulletin no 8/2019 (PDF, 143K) (September 2019)
Cases
NSW
Bouchard v Waverley Council
[2019] NSWLEC 1449
DEVELOPMENT APPLICATION – alterations and
additions including an additional level to a development for which
consent has been granted but has not yet been constructed –
exceedance of the height of buildings development standard –
exceedance of the floor space ratio development standard –
written requests seeking to justify the contravention of
development standards have not demonstrated that compliance with
the development standards is unreasonable or unnecessary to justify
the contravention.
Goldfields Central Pty Ltd v Ku-ring-gai
Council [2019] NSWLEC 1434
DEVELOPMENT APPLICATION – seniors housing
development – whether the proposal is consistent with the
existing and future desired character of the locality
Hatch v Northern Beaches Council
[2019] NSWLEC 1422
MODIFICATION APPLICATION: whether substantially the
same development; gymnasium in a dwelling; habitable room and BCA;
basement
Koresoft Pty Ltd v Natural Resources Access
Regulator [2019] NSWLEC 1421
ORDERS: conciliation conference; agreement between the
parties; orders to stop work on channel network
Larry Karlos v Tweed Shire Council; Matthew Karlos v
Tweed Shire Council [2019] NSWLEC 1418
APPEAL – development applications –
helipad – Council agrees to grant of consent – objector
concerns – acoustic impact – compatibility with the
zoning of the land – availability of another site
Heazlewood v Byron Shire Council
[2019] NSWLEC 1429
DEVELOPMENT APPLICATION: change of use to detached
dual occupancy and strata subdivision – existing secondary
dwelling approved under State Environmental Planning Policy
(Affordable Rental Housing) 2009 – contravention of numerical
development standard for minimum lot size for dual occupancies
– written request seeking to justify the contravention has
not demonstrated that compliance with the development standard is
unreasonable or unnecessary to justify the contravention
Winten (No 21) Pty Ltd v Lake Macquarie City
Council [2019] NSWLEC 1426
The orders of the Court are: (1) Newcastle City
Council is joined as the Fifth Respondent to these proceedings.
JOINDER – application for joinder – statutory
tests
Environmental Planning and Assessment Act 1979; Land
and Environment Court Act 1979
Uniform Civil Procedure Rules 2005
KAR Group Pty Ltd v Canterbury Bankstown
Council [2019] NSWLEC 1407
DEVELOPMENT APPEAL – residential apartment
development – affordable rental housing – whether
sufficient environmental planning grounds to justify contravention
of development standard
RD Miller Pty Ltd v Roads and Maritime Services
NSW [2019] NSWLEC 129
NOTICE OF MOTION – compensation claim in
relation to loss or damage arising from right of access across the
boundary between land and a road being restricted and/or denied
– motion filed by respondent seeking strike out and dismissal
under rr 14.28 and 13.4 of the Uniform Civil Procedure Rules 2005
(NSW) – paragraphs from Points of Claim struck out
Senses Northbridge Pty Ltd v Sahab Holdings Pty
Ltd [2019] NSWSC 1201
CONTRACT – defendant's obligation to consent
to development application prepared by plaintiff qualified by right
to refuse consent if development application is not based on
"Jago Concept Plans". ESTOPPEL – representations
made by defendant to plaintiff after development application relied
upon different architectural plans – whether defendant waived
right of refusal and is estopped from relying upon it –
appropriate remedy.
Queensland
Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd & Ors [2019] QCA 184
APPEAL AND NEW TRIAL –APPEAL – GENERAL PRINCIPLES
– RIGHT OF APPEAL – WHEN APPEAL LIES – FOR BIAS
IN JUDICIAL PROCEEDINGS – where applications for mining
leases and an amendment to an environmental authority to expand a
mine owned by Acland were referred to the Land Court – where
the Land Court hearing commenced on 7 March 2016 and
recommendations were reserved on 7 October 2016 – where
Acland filed an application on 16 December 2016 to reopen the
hearing to tender new evidence – where a hearing was listed
on 2 February 2017 to determine the application to reopen and
address errors with the e-trial software – where the Member
arranged to go on leave in February and March 2017 as long as a
year before – where media reports in January 2017 commented
on the delay of the Land Court's recommendations and concern
that it would impact upon jobs at the mine – where the Member
interpreted the media reports as Acland criticising the Member for
taking leave as it would delay the delivery of the recommendations
and affect jobs – where the Member considered that the
comments about his leave could be regarded as contempt of court
– where the Member asked Acland at the 2 February 2017
hearing to explain the media reports – where Acland's
counsel submitted that the comments about the Member's leave in
the media reports were not attributed to Acland nor could they be
interpreted as being in contempt of court – where at the end
of the hearing the Member stated that he considered "the
matter closed" and that he would not refer it for contempt of
court proceedings – where Acland's counsel did not make
an application for the Member to disqualify himself for apprehended
bias – where the Land Court delivered the recommendations and
reasons on 31 May 2017 – where Acland applied for judicial
review of the recommendations on various grounds including
apprehended bias – where the learned primary judge concluded
that there were reasonable grounds upon which to apprehend bias but
Acland had waived its right to complain at the 2 February 2017
hearing and the Member's reasons did not "re-enliven"
that apprehension – where Acland filed a cross-appeal that
the learned primary judge erred in failing to conclude that a fair
minded lay observer would reasonably apprehend from the reasons
that the Member might still be affected by his personal offence,
feelings and views formed at the 2 February 2017 hearing –
where claims of apprehended bias strike at the validity of the
hearing and outcome below and should be dealt with before other
substantive issues are decided – where Acland accepts that it
elected to waive its right to make an application for the Member to
disqualify himself following the 2 February 2017 hearing –
whether the Member's reasons for the recommendations raise a
fresh apprehension of bias
ENERGY AND RESOURCES – WATER – WATER MANAGEMENT –
SUBTERRANEAN WATER – where applications for mining leases and
an amendment to an environmental authority to expand a mine owned
by Acland were referred to the Land Court – where s 269(4) of
the Mineral Resources Act 1989 (Qld) and s 191 of the
Environmental Protection Act 1994 (Qld) provide the
relevant considerations the Land Court is required to take into
account – where the Member determined that the Land
Court's jurisdiction permitted it to consider the effect of the
proposed mining operations upon groundwater in the area –
where there is a separate provision under s 206 of the Water
Act 2000 (Qld) to apply for a licence that would permit the
holder of a mining tenement to interfere with water under the
relevant land – where the learned primary judge, on judicial
review, found that due to the separate statutory authority
concerning the interference of groundwater, the Land Court did not
have jurisdiction to consider the impacts upon groundwater –
where the statutory regime has been amended following Acland's
application for judicial review so as to include interferences with
groundwater as a relevant consideration under referrals to the Land
Court from the Mineral Resources Act and Environmental
Protection Act – whether the Land Court, in this matter,
had jurisdiction to consider the impact of the proposed mining
operation on groundwater
Environmental Protection Act 1994 Qld s 190, s 191;
Mineral Resources Act 1989 Qld s 269; Water Act 2000
Qld s 206
Legislation
Bills
Criminal Code Amendment (Agricultural Protection) Bill
2019
House of Representatives Message from Senate reported
12/09/2019
Consideration of Senate message Details: House agreed to Senate
amendments 12/09/2019
Amends the Criminal Code Act 1995 to introduce two new
offences in relation to the incitement of trespass or property
offences on agricultural land
NSW
Regulations and other miscellaneous instruments
Natural
Resources Access Regulator Amendment Regulation 2019 (2019-464)
— published LW 20 September 2019
Protection
of the Environment Operations (Waste) Amendment Regulation 2019
(2019-465) — published LW 20 September 2019
Environmental
Planning and Assessment Amendment (Artificial Waterbodies)
Regulation 2019 (2019-452) — published LW 13 September
2019
Environmental Planning Instruments
State
Environmental Planning Policy (State Significant Precincts)
Amendment (Sydney Olympic Park) 2019 (2019-460) —
published LW 13 September 2019
State
Environmental Planning Policy Amendment (Artificial Waterbodies)
2019 (2019-459) — published LW 13 September 2019
State
Environmental Planning Policy Amendment (Waterloo Metro Quarter)
2019 (2019-449) — published LW 12 September 2019
Queensland
Environmental
Protection (Great Barrier Reef Protection Measures) and Other
Legislation Amendment Bill 2019
Introduced by: Hon L Enoch MP on 27/02/2019
Stage reached: 2nd reading adjourned on 18/09/2019
Subordinate legislation as made – 20 September
2019
No 187
Environmental Protection (Financial Provisioning) (Transitional)
Regulation 2019
No 188
Nature Conservation (Wildlife) and Other Legislation Amendment
Regulation 2019
No 189
Waste Reduction and Recycling (Container Refund
Scheme—Material Recovery Agreements) Amendment Regulation
2019
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.