Australia: Planning & Environment News – 15 August 2017

Last Updated: 21 August 2017
Article by Joseph Monaghan, Breellen Warry, Peter Holt, Gerard Timbs and Jenny Humphris

Most Read Contributor in Australia, September 2018

In the media – National

ANU finds 5,000 sites for its coal-killing pumped hydro plan
There are 5,000 sites across the country suitable for pumped hydro storage, which could provide the stored energy needed for a 100 per cent renewable energy system (03 August 2017). More...

The clean energy transition must not forget low-income households
Energy and social policy must be integrated to ensure low-income households are not left behind in the clean energy transition, according to a joint call delivered by the Climate Institute, Brotherhood of St Laurence and Australian Council of Social Services (01 August 2017). More...

Meeting of Environment Ministers agreed statement
Commonwealth, State and Territory Environment Ministers met in Melbourne to progress work on threatened species protection, improve the environment for human health, and discuss climate change. The 'Agreed Statement' provides detail on what Environment Ministers discussed and agreed at this meeting (28 July 2017). More...

Superannuation companies risk legal action over woeful climate disclosure
Most large Australian superannuation companies have provided no, or inadequate, evidence that they've considered climate risk in their investment portfolios, putting trustees at risk of legal action, according to a new legal opinion released (03 August 2017). More...

Hotels start to take sustainability seriously
Some of the biggest operators in the hotel sector are getting serious about sustainability, not only because it can save serious money, but because it's proving a magnet for green-minded guests (03 August 2017). More...

Non-conforming building products aren't sustainable products, says GBCA
Building a sustainable future for both people and planet demands the use of best practice materials and products, says the Green Building Council of Australia (GBCA) (31 July 2017). More...

Electricity prices blowout despite promises of privatisation: report
The Australia Institute has released a report Electricity Costs which finds that electricity prices have increased at three times the rate of CPI. The report finds that companies have been 'gold-plating' financial assets and passing those costs onto consumers (27 July 2017). More...

Guidelines released for Smart Cities Standards
The Smart Cities Council Australia New Zealand (SCCANZ) has released a guidance note on smart cities standards and frameworks. The guidance note is designed to raise awareness as to what standards and frameworks are currently available for smart cities and to provide foundational information on global smart cities standards and frameworks (26 July 2017). More...

In the media – Victoria

Building Australia's first Hydrogen Refuelling Station
The $9.37 million project will establish Australia's first commercial-scale hydrogen refuelling station, which will produce hydrogen from 100 per cent renewable energy using an on-site solar plant and grid-sourced wind power (05 August 2017). More...

Rockworth makes $98 million St Kilda Road Precinct Acquisition
Singapore-based Rockworth Capital Partners Pte Ltd (RCP) have acquired a 22-storey freehold office building located at 390 St Kilda Road, Melbourne. Market watchers expect an office market recovery in the St Kilda Road precinct in light of the withdrawals of office space inventory over the next three years (03 August 2017). More...

Industry urges government to increase GAIC spending
The UDIA has undertaken a lot of work in the advocacy space regarding government transparency around Growth Areas Infrastructure Contributions (GAIC) spending and infrastructure prioritisation. There has been a push from the industry, led by UDIA, towards more extensive and better-documented GAIC spending (03 August 2017). More...

Helping industry turn food waste into opportunities
The Andrews Labor Government is working with manufacturers and producers to identify new opportunities as it tackles one of the world's biggest waste issues – food. The national strategy supports the United Nations Sustainable Development Goal of a 50 per cent reduction in food waste by 2030 (28 July 2017). More...

In the media – New South Wales

NSW amps up fire safety as audit finds 1,000 dangerously clad buildings
The NSW government has pledged to implement Australia's "most comprehensive response" to non-conforming and non-compliant materials in the wake of the Grenfell fire, following an audit finding there may be more than 1,000 buildings containing similar dangerous cladding (02 August 2017). More...

Approval of Springvale mine extension overturned in court
NSW Government approval for the expansion of a coalmine environmentalists say would have contaminated Sydney's water supply is overturned in court (02 August 2017). More...

Bill to restore order to Planning Act and secure $8b worth of Development
Minister for Planning and Housing, Anthony Roberts, has today introduced a legislative amendment to Parliament to restore clarity to development assessments (02 August 2017). More...

EPA fines Kemps Creek waste facility $15,000 for stormwater discharge
The NSW Environment Protection Authority (EPA) has fined Suez Recycling and Recovery $15,000 after testing showed the Kemps Creek waste facility discharged polluted water into the stormwater system (02 August 2017). More...

EPA issues $8,000 fine for Wallsend landfill fire
The NSW Environment Protection Authority (EPA) has fined Newcastle City Council $8,000 for failing to follow proper notification processes when mattresses caught fire on the on the landfill cell at the Summerhill Waste Management Centre in Wallsend (02 August 2017). More...

Hunter Water Corporation fined for poor maintenance at Dungog plant
The NSW Environment Protection Authority (EPA) has fined Hunter Water Corporation $15,000 for leaks and poor maintenance practices at its Dungog Water Treatment Plant (02 August 2017). More...

EPA issues six penalty notices to Revesby's Enviro Recycling
The NSW Environment Protection Authority (EPA) has fined Enviro Recycling Pty Ltd a total $66,000 for multiple offences, including land pollution, a breach of licence by accepting and recycling asbestos waste, and operating an unlicensed waste facility (01 August 2017). More...

Hi-Quality fined $64,500 over non-compliance and licence breaches
The NSW Environment Protection Authority (EPA) has fined Hi-Quality Waste Management Pty Ltd a total of $64,500 for offences at its St Marys and Bringelly facilities, including license breaches by accepting asbestos waste, and non-compliance with other license conditions (01 August 2017). More...

Uncapped tax on new housing supply will make housing unaffordable
A Planning Circular recently issued by the NSW Government outlining changes to the cap on local infrastructure contributions is likely to increase the cost of housing and exacerbate the housing affordability crisis, warns the Urban Taskforce (31 August 2017). More...

Parramatta's cultural revolution - Powerhouse site secured, Riverside Theatre to be revamped
The NSW Government has reached an agreement with Parramatta Council for a massive investment in new cultural infrastructure in Parramatta, securing the first major step in the relocation of the Powerhouse Museum to Sydney's west (31 August 2017). More...

Harbour Trust plans renewal project of former WW2 submarine base
The Harbour Trust is searching for feedback on the proposed Platypus renewal project – a plan to create an urban park at the former HMAS Platypus submarine base at 118 High St, North Sydney (28 July 2017). More...

Biodiversity reforms need rethink
The Property Council has strongly advised the government that the biodiversity 'reforms' will significantly jack up the price of new homes. Alone, these changes could add $20,000 to the price of each and every home being delivered in new developments around Sydney, the Hunter and the Illawarra (26 July 2017). More...

Sydneysiders want experts to decide on big development
New research has shown us that Sydney councils should focus on strategic planning and providing better services for the community and the decisions for large development proposals should be made by independent expert panels, Property Council NSW Executive Director Jane Fitzgerald said today (27 July 2017). More...

Four new solar projects approved in NSW
NSW continues to lead the nation in clean energy development, with the Department of Planning and Environment approving four new solar projects in western NSW that could power more than 100,000 homes (26 July 2017). More...

Waste water discharge costs Scone abattoir $150,000
The Land and Environment Court has today convicted P&M Quality Smallgoods Pty Ltd (P&M) and JBS Australia Pty Ltd (JBS) and penalised them $150,000 altogether after partially treated effluent was unlawfully discharged from the Scone Abattoir polluting a nearby creek (25 July 2017). More...

In the media – Queensland

Southport Spit casino developers consider challenging rejection
A director of the Chinese consortium behind the massive $3 billion Gold Coast casino resort development rejected by the Queensland Government this week says they are "still in shock" and could challenge the ruling in court (04 August 2017). More...

The Spit decision backed by Federal Trade, Tourism and Investment
The Palaszczuk Government's decision to limit development on The Spit to three storeys and prepare a Master Plan for the iconic area of the Gold Coast has the support of Federal Trade, Tourism and Investment Minister Steven Ciobo (02 August 2017). More...

Gold Coast's $3b casino resort canned by Queensland Government
A proposed $3 billion Gold Coast casino resort development on the Southport Spit is rejected by the Queensland Government, and a new master plan will be developed, following several months of community consultation (01 August 2017). More...

Future of the Spit secured
The Palaszczuk Government has terminated the proposed ASF development on the Gold Coast Spit and will move forward with a community-led master plan (01 August 2017). More...

New water release proposed for Gulf water plan area
The proposed release of 92,500 megalitres of water would be made available in late August from the Cloncurry and Gilbert Rivers. The department will be holding consultation sessions to provide information about the type of water made available and the proposed terms of sale (01 August 2017). More...

Developer Finalises Settlement on Latest Stage of $600 million Master Planned Community
Consolidated Properties has just completed settlements on the latest stage of its master planned $600 million residential community, "Cornerstone Living". Cornerstone Living is the largest suburban renewal project undertaken in Queensland (31 July 2017). More...

Ingham biofuel production facility gets funding boost
The Palaszczuk Government is providing a $1.17 million loan to help make North Queensland Bio-Energy's proposed $640 million biorefinery near Ingham a reality (31 July 2017). More...

Lindeman Island resort revival on track
Queensland Government: Lindeman Island's revival is a step closer with the release of the draft environmental impact statement (EIS) for the $583 million redevelopment and expansion of the island's resort. State Development Minister Dr Anthony Lynham said the draft environmental impact statement for the Whitsunday islands project was available for public consultation for six weeks (28 July 2017). More...

Expert panel to monitor SEQ land supply and housing demand: Premier
The Palaszczuk Government is establishing a South East Queensland Housing Supply Expert Panel with the population in the region expected to exceed 5.3 million over the next 25 years (25 July 2017). More...

Sunshine Coast Solar Farm now part of Queensland's renewable energy future
The Sunshine Coast Council will soon become the first local government in Australia to offset 100 per cent of its electricity across all of its facilities and operations with the official commissioning of the Sunshine Coast Solar Farm at Valdora (24 July 2017). More...

In practice and courts – Commonwealth

Nathers: Guideline for accessing and using NatHERS climate files
The NatHERS Administrator has released a guideline for researchers seeking access to NatHERS climate files (01 August 2017). More...

GBCA: Key milestones for submission planning
GBCA has created the guidelines below (based on typical time frames), which specify the deadlines you'll need to meet in order to have your project certified in time for key milestones (01 August 2017). More...

ISv2.0 Economic Theme Industry Peer Review
Industry peer review is now open for the ISv2.0 Economic Theme. Industry peer review closes 26 August 2017. ISv2.0 will better define the activities required for each rating. To do this, we are testing different layout ideas for the credits. These categories have different credits for the Planning, Design, As Built and Operational phases. More...

In practice and courts – Victoria

Introducing VICPLAN – zones & overlays
VicPlan is a new, state-wide planning scheme map viewer. Quickly and easily view zone and overlay information for a property or parcel, with planning scheme information links and interactive planning property reports (03 August 2017). View a demonstration video More...

In practice and courts – New South Wales

Closing date extended for submissions to NSW Parliamentary Inquiry
The closing date for submissions to the parliamentary inquiry into land release and housing supply has been extended until 5 September. More...

Planning System Circulars
PS 17-02 This circular is to advise councils, industry and the community of changes to arrangements for section 94 local infrastructure contributions and the Local Infrastructure Growth Scheme (27 July 2017).

Environmental Impact Assessment for State Significant Projects
The Department Planning and Environment is seeking feedback on nine draft guidelines which explain in detail the proposed changes to environmental impact assessment (EIA) for state significant projects. The documents are on exhibition until 1 September 2017. Community information sessions are being held around the state between 19 July and 10 August. More...

Community Consultations on Exhibition

Greater Parramatta Interim Land Use and Infrastructure Implementation Plan
Open 25/07/2017 Close 07/09/2017.
Revised Sydenham to Bankstown Urban Renewal Corridor Strategy
Open 25/06/2017; Close 03/09/2017.
St Leonards and Crows Nest Station Precinct
Open 04/08/2017; Close 07/09/2017.
Wilton Priority Growth Area
Open 05/08/2017; Close 07/09/2017.

Environmental Impact Assessment Improvement Project draft guidelines
Close 01/09/2017.

In practice and courts – Queensland

UDIA Planning Pulse 2017: Infrastructure Charges released
This edition compares infrastructure charges across 8 indices for 2016 and 2017. Infrastructure charges were compared against the Maximum Adopted Charge (State cap) as set by the Department of Local Government, Infrastructure and Planning (28 July 2017). More...

DHEP: Qantas Investigation Report
EHP received a report from Qantas on the airline's investigation into a spill of contaminated firefighting foam from the Brisbane Airport into the Brisbane River on 21 July 2017. All current advice regarding the environmental and health impacts of the spill remains unchanged. Qantas has been conducting rehabilitation work at the site. The Qantas investigation report is available here (28 July 2017).

PCA submissions
Gazettal of the final neighbourhood plan and adoption into Brisbane City Plan 2014 is expected in mid to late 2017. Draft Ferny Grove-Upper Kedron Neighbourhood Plan submission The Property Council has also recommended that the draft plan be amended to include a vehicle, cyclist and pedestrian access to Mount Nebo Road (20 July 2017).
The Property Council has provided a submission into the Public Works and Utilities Committee's investigation into the Electricity and Other Legislation (Batteries and Premium Feed-in Tariff) Amendment Bill 2017. Under the new national electricity rules, network owners will need to appoint an Embedded Network Manager for each network, and absorb the cost of this service. Submission to the Electricity and Other Legislation Amendment Bill 2017 (20 July 2017).

Appointment: Peta Stiloe OAM to the Land Court of Queensland
On 20 July 2017, the Attorney-General and Minister for Justice Yvette D'Ath appointed Peta Stilgoe OAM as the new member of Land Court of Queensland.

Cases – Victoria

Octopus Media Pty Ltd v Melbourne City Council [2017] VSC 429

PLANNING – Existing use rights – Advertising signs – Real and substantial purpose - 15 year period of continuous use – Characterisation of the purpose of the use – Real and substantial purpose – Graffiti – Cessation of the use for two years – Interpretation of cl 63.11 of Melbourne Planning Scheme – Planning and Environment Act 1987 (Vic) s 6(3), (4), Melbourne Planning Scheme cls 22.07, 37.04, 52.05, 63.01, 63.02, 63.04–63.06, 63.11 and 73.

Cook v Mornington Peninsula SC (Red Dot) [2017] VCAT 1129
NATURE OF CASE Declaration about use of secondary consent process to endorse amended plans contrary to a condition imposed by VCAT.
LAW – issue of interpretation or application - Amendment to permit plans; consideration of secondary consent vs s 72 process. Consideration of third and fourth 'Westpoint criteria'. Declaration based on ultra vires and/or Wednesbury unreasonableness.
PRACTICE OR PROCEDURE – consideration of individual instance or systemic issues.
Discussion of common Condition 1 type conditions (requiring a change to plans in a numbered sub- paragraph) and common Condition 2 type conditions (allowing for secondary consent), and the interrelationship between the two. Consideration of Benedetti v Moonee Valley CC.

Yarra City Council v Metropolitan Fire and Emergency Services Board [2017] VSCA 194
ENVIRONMENT PROTECTION – Contamination of land – Clean up notices - Identity of polluter – Whether responsibility for pollution lies with successors to original occupier of the land – Whether industrial waste had been or appeared to be abandoned – Relevance of subjective knowledge - Whether evidence of actual intention of abandonment – Compensation – Liability to compensate subsequent occupier for costs of clean up - Environment Protection Act 1970 ss 1K, 4, 27A and s 62A – Leave to appeal granted – Appeal allowed in part – Remitted to trial judge.
LIABILITIES – Transitional provisions – Contingent liabilities – Inchoate liabilities – Crimmins v Stevedoring Industry Finance Committee [1999] HCA 59; (1999) 200 CLR 1, followed – R (National Grid Gas plc) v Environment Agency [2007] UKHL 30; [2007] 1 WLR 1780, considered – Walters v Babergh District Council (1983) 82 LGR 235, considered.
RETROSPECTIVITY – Events before enactment of legislation – Event giving rise to liability – Creation of new liability – Time of event creating liability – Public purpose – Premier Building and Consulting Pty Ltd (recs apptd) v Spotless Group Ltd [2007] VSC 377; (2007) 64 ACSR 114, considered.
STATUTORY INTERPRETATION – Environment Protection Act 1970 s 62A– 'the person who has caused or permitted the pollution to occur' – 'any person who appears to have abandoned or dumped any industrial waste' – 'liabilities' – 'instrument' – 'waste' – 'environment' – 'abandon' – 'appears to have abandoned' - Interpretation of Legislation Act 1984 ss 9(2), 38 – Subordinate Legislation Act 1994 s 3(1) – Legislative instrument – Meaning of 'other document' in Order in Council – Whether Act of Parliament an 'instrument'.
LOCAL GOVERNMENT – Order in Council – Constitution of new council – Transfer of contingent liability – Successor at law – Public interest - Power to make orders – Purpose of order to effect implementation of the restructuring of local government – Local Government Act 1989 ss 220Q, 220R and 220S.
DECLARATION – Discretion – Determination of a preliminary question - Supreme Court (General Civil Procedure) Rules 2005 r 47.04 – Relevance of consent or acquiescence by a party to orders – Whether declaration prematurely made.

Demi Nominees Pty Ltd v Maroondah CC [2017] VCAT 1104
Section 26 Valuation of Land Act 1960 – costs - Maroondah City Council is ordered to pay part of the costs of the applicant Demi Nominees Pty Ltd in these proceedings, fixed in the sum of $85,000.

Cases – New South Wales

Turnbull v Chief Executive of the Office of Environment and Heritage [2017] NSWCA 161
ENVIRONMENT AND PLANNING – clearing of native vegetation in contravention of s 12 of the Native Vegetation Act 2003 (NSW) – contravention admitted but not extent of clearing – whether "groundcover" had been cleared – whether clearing must be on each and every part of the land – whether remedial orders appropriate.

Friends of Refugees of Eastern Europe v Waverley Council [2017] NSWLEC 1404
DEVELOPMENT APPLICATION: demolition of the existing commercial tennis courts and ancillary buildings and the construction of a place of public worship (synagogue) of two/three storeys and underground car park and the construction of two three storey residential flat buildings – whether appropriate in terms of context and character and streetscape of the area - unacceptable amenity impacts - suitability of site because of the potential risk to users and other members of the general public.

Kevin Gregory and Patricia Gregory v Central Coast Council [2017] NSWLEC 1400
APPEAL – development application for a four storey boarding house pursuant to State Environmental Planning Policy (Affordable Rental Housing) 2009 - compatibility with the character of the local area – meaning of design of the development in clause 30A of the SEPP.

4nature Incorporated v Centennial Springvale Pty Ltd [2017] NSWCA 191
ADMINISTRATIVE LAW – challenge to validity of State significant development consent for proposed extension of Springvale coal mine – consent authority's satisfaction that development would have "a neutral or beneficial effect" on water quality required – whether consent authority's approach valid.
ENVIRONMENT AND PLANNING – challenge to validity of State significant development consent for proposed extension of Springvale coal mine – development must have "a neutral or beneficial effect" on water quality under State Environment Planning Policy (Sydney Drinking Water Catchment) 2011 (NSW) cl 10(1) – nature of comparison required.
STATUTORY INTERPRETATION – delegated legislation – no general principle requiring laxity or flexibility in construction – adherence to basic principles of statutory construction – focus on text and context.

Cases – Queensland

Attwell v Oman [2017] QCAT 251
ENVIRONMENT AND PLANNING – TREES, VEGETATION AND HABITAT PROTECTION – DISPUTES BETWEEN NEIGHBOURS – where tree overhangs property – where tree should be trimmed and maintained and not removed.

Whitsunday Residents Against Dumping Ltd v Chief Executive, Department of Environment and Heritage Protection (No 2) [2017] QSC 159
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – DEPRIVING SUCCESSFUL PARTY OF COSTS – NATURE OF PROCEEDING – PUBLIC INTEREST OR DUTY – where the applicant is a community-based environmental organisation – where no application was made under s 49 Judicial Review Act 1991 (Qld) for discretionary costs powers – whether the application was a test case or determined principles of general application – whether an element of public interest is sufficient to warrant a departure from the general rules as to costs.

Vodafone Network Pty Ltd v Gold Coast City Council [2017] QPEC 046
PLANNING AND ENVIRONMENT – APPLICATION – Application for declarations – Whether the development applied for was code assessable at the date of the development application – Whether the decision notice given by the respondent is void and of no effect – Whether non-compliance should be excused under s 440 of the Sustainable Planning Act 2009 (Qld).
PLANNING AND ENVIRONMENT – COSTS – Whether the co-respondents by election have incurred costs as a result of non-compliance by the appellant and the respondent.

Coolum Chase Pty Ltd v Sunshine Coast Regional Council [2017] QPEC 045
PLANNING AND ENVIRONMENT – APPEAL – Appeal against a refusal for an extension of the relevant period for a preliminary approval for the reconfiguration of a lot – Whether the preliminary approval has lapsed – If the preliminary approval has lapsed, whether s 440 of the Sustainable Planning Act 2009 (Qld) should be engaged to revive the development approval in the event it has lapsed.

Birleymax Pty Ltd v Brisbane City Council [2017] QPEC 044
PLANNING AND ENVIRONMENT – APPEAL – appeal against a refusal for a development application for the demolition of a pre-1946 house.
CONFLICT – conflict with planning scheme – whether proposed development application conflicts with overall outcome overall outcome (2)(b) and performance outcome 6 of the Traditional building character (demolition) overlay code of City Plan 2014.
GROUNDS – whether there are sufficient grounds to justify an approval of the proposed development application despite conflicts.

Mypropertyprofession Pty Ltd v Brisbane City Council [2017] QPEC 043
ENVIRONMENT AND PLANNING – Demolishing part of a pre-1946 dwelling – Whether the demolition of that part of the existing dwelling that is behind the highest and rearmost part of the roof, is exempt development pursuant to the respondent's planning scheme.

Bilalis v Brisbane City Council [2017] QPEC 042
PLANNING AND ENVIRONMENT – APPEAL – PROPOSED DEMOLITION OF BUILDING WITH TRADITIONAL BUILDING CHARACTER – where the traditional building character was the "timber and tin" character – where houses are located in a street of mixed character – whether the proposed demolition complied with the Traditional building character (demolition) overlay code – whether the demolition of the building would result in meaningful or significant loss of traditional building character – whether the street had no traditional character – whether the house positively contributed to the visual character of the street.

Mirvac Pacific Pty Ltd v Gold Coast City Council [2017] QPEC 039
PLANNING AND ENVIRONMENT – PRACTICE AND PROCEDURE – application for joinder of a party – appeal against deemed refusal of request to change a development permit on the basis that it is not reasonably practicable to comply with conditions requiring works in relation to a bridge in a railway corridor, given the attitude of Queensland Rail Ltd – whether Queensland Rail Ltd's presence before the court is necessary or would be desirable, just and convenient.



Ozone Protection and Synthetic Greenhouse Gas Management Legislation Amendment (2017 Measures No. 1) Regulations 2017
28/07/2017 - These regulations amend various instruments to support the implementation of the measures contained in the Ozone Protection and Synthetic Greenhouse Gas Management Legislation Amendment Act 2017 by prescribing the detail of the HFC phase-down scheme, prescribing allowable uses for HCFCs from 1 January 2020, allowing the Secretary to delegate functions and powers down to APS employees who hold or are acting in an Executive Level 2 or equivalent position in the Department, prescribing fee arrangements and other administrative measures necessary to support the renewal of licences, updating references, removing redundant references, and aligning definitions, and other administrative measures necessary to support the streamlining of licensing provisions, waiver of uneconomic levy debts, and reduced reporting frequency.


Proclamations commencing Acts
Waste Avoidance and Resource Recovery Amendment (Container Deposit Scheme) Act 2016 No 57
(2017-371) — published LW 28 July 2017.

Regulations and other miscellaneous instruments
Waste Avoidance and Resource Recovery (Container Deposit Scheme) Amendment Regulation 2017
(2017-377) — published LW 28 July 2017.

Environmental Planning Instruments
Kempsey Local Environmental Plan 2013 (Amendment No 8)
(2017-378) — published LW 28 July 2017.
Maitland Local Environmental Plan 2011 (Amendment No 22)
(2017-379) — published LW 28 July 2017.
Narrabri Local Environmental Plan 2012 (Amendment No 10)
(2017-380) — published LW 28 July 2017.
North Sydney Local Environmental Plan 2013 (Amendment No 21)
(2017-381) — published LW 28 July 2017.
Parramatta Local Environmental Plan 2011 (Amendment No 20)
(2017-382) — published LW 28 July 2017.
Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 36)
(2017-383) — published LW 28 July 2017.
Sutherland Shire Local Environmental Plan 2015 (Amendment No 4)
(2017-384) — published LW 28 July 2017.
Wingecarribee Local Environmental Plan 2010 (Amendment No 42)
(2017-385) — published LW 28 July 2017.
Ashfield Local Environmental Plan 2013 (Amendment No 4)
(2017-364) — published LW 21 July 2017.
Auburn Local Environmental Plan 2010 (Amendment No 21)
(2017-365) — published LW 21 July 2017.
Bega Valley Local Environmental Plan 2013 (Amendment No 16)
(2017-366) — published LW 21 July 2017.
Holroyd Local Environmental Plan 2013 (Amendment No 11)
(2017-367) — published LW 21 July 2017.
Ku-ring-gai Local Environmental Plan (Local Centres) 2012 (Amendment No 8)
(2017-368) — published LW 21 July 2017.
Narromine Local Environmental Plan 2011 (Amendment No 7)
(2017-369) — published LW 21 July 2017.
Wollondilly Local Environmental Plan 2011 (Amendment No 25)
(2017-370) — published LW 21 July 2017.

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.

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Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

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