In the media
Commonwealth
Government provides $4.8m to tackle gully erosion in
Great Barrier Reef catchments
The Australian Government is providing $4.86m for five
organisations to work with landholders to address the vast issue of
gully erosion in the Great Barrier Reef catchment (03 March
2016).
More...
Water savings and productivity benefits flow across
NSW
Irrigators in NSW are set to benefit from significant
improvements to water infrastructure, with approval of the first
tranche of funding of $12.5 million under Round Three of the
Australian Government's $750 million Private Irrigation
Infrastructure Operators Programme (PIIOP) (03 March 2016).
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Simplifying water information reporting
The Australian Government has released a report
identifying a number of measures to reduce the regulatory burden
and costs of providing water information for industry, and accepted
all the recommendations presented (03 March 2016).
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Moree Solar Farm starts feeding into the grid
The Australian Renewable Energy Agency (ARENA) and Clean
Energy Finance Corporation (CEFC) today welcomed the news that the
Moree Solar Farm in Northern New South Wales had successfully
achieved first generation (01 March 2016).
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New renewable focussed energy retailer open for
business
A new energy retailer is entering the Australian market
and pioneering a ground breaking business model. It will empower
consumers to reduce their power usage and potentially use more
renewable energy (29 February 2016).
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Grab opportunity to build very fast train now, says
former trade minister Andrew Robb
The Commonwealth is no closer to committing to a very
fast train with the Abbott government's decision in 2013 to
protect identified rail corridors but abolish the High Speed Rail
Advisory Group (29 February 2016).
More...
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Australia's marine environment to benefit from
plastic waste research
The Australian Government will commit an immediate
$60,000 to kick-start urgent research into the best way to reduce
plastic pollution in our oceans, reefs and waterways (29 February
2016).
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Water resource assessments to unlock the full potential
of the North
Major opportunities to expand irrigated agriculture
across northern Australia are a step closer with a $15 million
Northern Australia Water Resource Assessment by the CSIRO now
underway (25 February 2016).
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Australia's 10 biggest climate polluters 2016:
Australian Conservation Foundation
Australia's 10 biggest polluters – all energy
and mining companies – continue to rely on last century's
fuels to generate energy and conduct their businesses (29 February
2016).
More...
New South Wales
A new NSW wind farm
The NSW Division of Resources and Energy today welcomed
the ACT Government's announcement of its investment in a wind
farm to be built west of Glen Innes on the NSW Northern Tablelands
(04 March 2016).
More...
The EPA announces the new Upper Hunter Air Quality
Advisory Committee
Following the review of nominations, 11 former members to
the Committee and two new members have been appointed. A
representative of Muswellbrook Shire Council is yet to be announced
(04 March 2016). More...
Northern Beaches Hospital site road network upgrade to
go ahead
The final stage of the $500 million Northern Beaches
Hospital road upgrade project has been approved (02 March
2016). More...
EPA takes regulatory action against Hydromet for water
pollution
The NSW Environment Protection Authority (EPA) has issued
a clean-up notice to Hydromet Corporation Pty Ltd, ordering an
assessment of contamination in soils and groundwater (01 March
2016). More...:
New reserves to protect koalas
Four new flora reserves will be established on the far
south coast of NSW to help protect the last known local koala
population (02 March 2016). More...
More...
Certainty for North Coast environmental zones
Planning Minister Rob Stokes has announced the
finalisation of the environmental zoning reforms for the Far North
Coast (02 March 2016). More...
Department approves application to increase production
at Hera Gold Mine and expand workforce
The Department of Planning and Environment has approved a
proposal to extend the life of Hera Gold Mine and increase
production creating new jobs for the Nymagee community (01 March
2016). More...
$100 million boost for regional water and waste
water
Minister Lands and Water, Niall Blair has announced 45
projects have been shortlisted as part of the NSW Government's
$110 million Regional Water and Waste Water Backlog Program to
ensure regional communities have the right infrastructure to build
for the future (29 February 2016).
More...
Independent PAC to determine Ashton Coal Project
The independent Planning Assessment Commission will make
the final decision on a modification application for Yancoal's
underground Ashton Coal Project after receiving updated
recommendations from the Department of Planning and Environment (29
February 2016). More...
EPA and Police join forces to target trucks carrying
dangerous goods
A joint operation between the NSW Environment Protection
Authority (EPA) and the NSW Police has found a number of truck
drivers transporting dangerous goods unsafely (26 February 2016).
More...
Queensland
Historic mine revives as green energy project
A former gold mine site may soon be a world-first
generator of clean, green energy and jobs for North Queensland (03
February 2016).
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New South Bank Corporation Board to guide precinct's
future success
A new South Bank Corporation Board, announced today, will
guide the world-class precinct into a new era, with members
bringing a wealth of experience in infrastructure, urban planning,
business and design (01 March 2016).
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Seniors housing initiative for regional Queensland
Elderly residents could avoid a heartbreaking move away
from their home towns and be able to retire locally under a new
Palaszczuk Labor Government initiative to build adaptable housing
in regional communities (24 February 2016).
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In Practice and Courts
Commonwealth
ARENA: New large-scale solar data and
shortlisted project
A summary of the data from 75 large-scale solar project
proposals is now available (04 March 2016).
New South Wales
Announcements, Draft Policies and Plans released 2016
NSW Report illegal dumping
Use your smartphone to report any illegal dumping
throughout NSW (22 February 2016). More...
NSW Planning and Environment Court
2 March 2016: Volume 8 Issue 1 of the Court's Judicial
Newsletter is now available.
Further consultation on NSW coastal reforms
Planning Minister Rob Stokes has announced a second stage
of targeted consultation on the NSW Government's coastal
reforms, in response to valuable community feedback already
obtained during the initial consultation phase (25 February
2016). More...
Community input sought into revised guidelines for
Community Consultative Committees
The Department of Planning and Environment is inviting
the public to have its say on proposed changes to Community
Consultative Committee Guidelines. Submissions close on 31
March. More...
More...
Department of Planning: Current Consultations February 2016
NSW Consultations
04 March 2016 - Have your say on modifications to the Silverton wind farm.
02 March 2016 - Have your say on modifications to Woolooware Bay Town Centre.
26 February 2016 - Have your say on modifications to Casuarina Town Centre Concept Plan and Project Approval.
25 February 2016 - Community feedback sought on proposal to rezone land and bring jobs to western Sydney.
Queensland
Draft guideline consultation reminder: master planning
for priority ports (Gladstone, Abbot Point, Townsville and Hay
Point/Mackay)
In accordance with the Sustainable Ports Development Act
2015 and consistent with the Reef 2050 Long-Term Sustainability
Plan, the Queensland Government has released the draft guideline:
master planning for priority ports for public comment until 14
March 2016. More...
Infrastructure, Planning and Natural Resources Committee: Current Inquiries
Water Legislation Amendment Bill 2015
Queen's Wharf Brisbane Bill 2015
Queensland Parliamentary Committee: Planning Bills and
Public Inquiry
The committee is required to consider all of the Planning
Bills and reopened committee's inquiries into the private
members' Bills and report to Parliament by 21 March 2016.
More...
Reports due
Water Legislation Amendment Bill 2015 – 01 March 2016 Submissions close on 18 December.
Planning Bills 2015 – 21 March 2016.
Cases
Commonwealth
Krajniw v Minister for the Environment
[2016] FCA 141
PRACTICE AND PROCEDURE – application by the
respondents for summary judgment pursuant to s 31A Federal
Court of Australia Act 1976 (Cth) and r 26.01 Federal Court
Rules 2011 (Cth) – application to strike out pleadings
pursuant to r 16.21 Federal Court Rules 2011 (Cth) – where no
reasonable prospect of success – where pleadings include
extensive scandalous and inflammatory allegations – pleadings
contravene requirement to plead briefly – where relief sought
falls under legislation outside Federal Court jurisdiction –
issues of relitigation. ENVIRONMENTAL LAW – alleged
contraventions of the Environmental Protection and Biodiversity
Conservation Act 1999 (Cth) – operation of ss 18, 18A,
20 and 20A Environmental Protection and Biodiversity
Conservation Act 1999 (Cth) – where only one respondent
has taken or proposes to take "action" – no
evidence of a significant impact on species as a whole –
where species are not protected – claiming contravention of
provisions that are incapable of being contravened. More...
Victoria
Moorabool SC v Ethanwray Developments Pty
Ltd (includes Summary) (Red Dot) [2016] VCAT
191 Whitney M
ENVIRONMENT AND PLANNING – ENFORCEMENT ORDER
APPLICATION - expiry condition in a planning permit - need for
clear drafting of planning permit conditions - conversion of
offices to dwellings - whether the use of the dwellings needs to
have commenced for there to be a contravention of the planning
scheme - physical characteristics of the buildings –
Victorian Civil and Administrative Tribunal found use not needed to
have commenced for there to be a dwelling – practical
considerations – Council would otherwise need to wait for a
person to use the land before it could undertake enforcement action
– undermine Council obligation to efficiently enforce the
planning scheme – physical characteristics of dwelling were
enough to constitute a dwelling – contravention of scheme
established. More...
Clarke v South Gippsland SC
(Includes Summary) (Red Dot) [2016] VCAT 176
(Clarke) Paterson M, Cook M.
ENVIRONMENT AND PLANNING – ANCILLARY USE –
skate ramp known as the 'Mega Ramp' – owner of the
ramp argued that its use was ancillary to the use of a dwelling on
the property – Victorian Civil and Administrative Tribunal
found use of the skate ramp was ancillary to the use of the
dwelling – whilst the size of the works that support the
recreational pursuits is one relevant factor in this case in
assessing whether the use is ancillary to the dwelling use, that is
just one aspect of the assessment of the overall use – use
was ancillary if only used by friends and family of dwelling
occupants and no more than small number of users and spectators at
any one time. More...
New South Wales
Mount Annan 88 Pty Ltd v Camden
Council [2016] NSWLEC 1072
DEVELOPMENT APPLICATION: construction of a residential
housing development – whether proposed development is
permissible – whether breach of height development standard
well founded – whether design acceptable.
More...
Lindsay Bennelong Developments Pty Ltd v Council of
the City of Sydney [2016] NSWLEC 1064
DEVELOPMENT APPLICATION: Residential flat building.
Consistency with "staged" development consent.
More...
Ocean Shores Community Association Inc v Byron Shire
Council (No 5) [2016] NSWLEC 8
COSTS – whether unsuccessful community association
in judicial review proceedings should pay costs of Respondent
– consideration of public interest costs rule in LEC
Rules.
More...
Randwick City Council v Micaul Holdings Pty
Ltd [2016] NSWLEC 7
APPEAL – appeal against Commissioner's decision
on questions of law – grant of consent to development that
contravenes development standards – written request
justifying contravention – Commissioner's satisfaction of
required matters to justify contravention – whether
development consistent with objectives of development standards and
zone – whether Commissioner so satisfied – whether
adequate reasons given for being so satisfied – whether
compliance with development standards was unreasonable or
unnecessary – whether Commissioner gave adequate reasons for
being so satisfied – non-compliance with control in
development control plan – whether principal contested issue
requiring resolution and reasons.
More...
Upper Mooki Landcare Inc v Shenhua Watermark Coal
Pty Ltd and Minister for Planning [2016] NSWLEC 6
JUDICIAL REVIEW – development consent for open cut
coal mine – likely significant effect on threatened species
of the koala – development application contained indication
of likely significant effect – whether misdirection in giving
or considering indication – consideration of impact on koala
population including by koala translocation – whether failure
to consider what was local population of koalas – condition
of consent requiring koala plans of management – whether
condition deferred consideration of impacts on koalas –
whether failure to consider precautionary principle or principle of
conservation of biological diversity and ecological integrity
– application dismissed.
More...
Queensland
Ferreyra & Ors v Brisbane City Council &
Anor [2016] QPEC 010
PLANNING AND ENVIRONMENT – Application for
declaratory relief in relation to the first respondent's
decision to approve the second respondent's request to change
an existing approval as a "permissible change" –
Where the applicants are owners of residential units adjacent to
second respondent's hotel – Where the requested change
included construction of acoustic wall near to the boundary - Where
the decision was challenged on the basis of jurisdictional error
– Whether first respondent failed to take into account
relevant considerations in considering whether the requested change
resulted in a "substantially different development" under
s 367(1)(a) of SPA, namely, the impact of the acoustic wall on
availability of natural light, air ventilation and visual amenity
– Whether the first respondent's opinion, for the
purposes of s 367(1)(c) of the SPA, that the change was not likely
to cause a person to make a properly made submission, was legally
unreasonable. More...
Aldi Stores (A Limited Partnership) v Brisbane City
Council [2016] QPEC 011
ENVIRONMENT AND PLANNING – Whether change to a
development application is a permissible change – whether
change would cause a person to make a properly made submission
objecting to the proposed change. More...
Norfolk Estates Pty Ltd v Brisbane City Council
& Body Corporate for Kirribilli Apartments Community Titles
Scheme and Ors [2016] QPEC 009
PLANNING AND ENVIRONMENT; appeal against decision by
Brisbane City Council to refusal development application for
material change of use to develop two adjoining lots; where the
Appellant argues that the proposed development does not conflict
with various provisions of CityPlan 2014 including the New Farm and
Teneriffe Hill Neighbourhood Plan; the Multiple Dwelling Code and
the Medium Density Residential Zone Code; whether the proposed
development is of a height, bulk and scale consistent with the
intended character of the area; whether there is an economic or
community need warranting approval of the proposed development
contrary to the planning strategy expressed in the CityPlan 2014
for medium rise, medium-high density residential accommodation;
whether the proposed development conflicts with the Planning
Scheme; whether there is an inconsistency within CityPlan 2014,
between the Multiple Dwelling Code and the Medium Density
Residential Zone Code on the one hand and the New Farm and
Teneriffe Neighbourhood Plan on the other; where the Planning
Scheme must be read as a whole; whether the proposal responds
appropriately to adjoining buildings; whether the proposal will
lead to unacceptable amenity impacts including on views of the
river enjoyed by residents of an adjoining building. More...
Zacsam Pty Ltd v Moreton Bay Regional
Council [2016] QLC 12
Compensation – assessment of compensation –
loss of profits of business – loss of capital value of
business – loss of rental expense of business premises
Acquisition of Land Act 1967, s 20.
More...
Legislation
New South Wales
Bill introduced Non-Government – 26 February 2016
Transport Administration Amendment (Authority to Close Railway Lines) Bill 2016.
Government Information (Public Access) Amendment (Sydney Motorway Corporation) Bill 2016.
Queensland
Bills Introduced 23 February 2016
Mineral and
Other Legislation Amendment Bill 2016
The legislative amendments will give landholders the protection
they want for their agricultural infrastructure like stockyards,
bores and artesian wells, and restore the community's right to
have their say on mining lease and environmental authority
applications for projects that have not gone through an
Environmental Impact Statement process.
More...
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.
