Australia: Planning & Environment News - 7 November 2017

Last Updated: 10 November 2017
Article by Joseph Monaghan, Breellen Warry, Peter Holt, Gerard Timbs and Jenny Humphris

Most Read Contributor in Australia, March 2019

In the media – National

On development and planning for the future
The last couple of weeks have seen state governments looking far into the future, with the Greater Sydney Commission's draft plan, the NSW government's Future Transport Strategy (both looking to 2056) and the release of a draft framework for Fishermans Bend in Melbourne (out to 2050) (26 October 2017). More...

Recycling Council calls for improved safety, fire and environmental standards
Members of the National Waste and Recycling Industry Council (NWRIC) met on 12 October to discuss key issues affecting the waste industry, with the meeting resulting in several calls to action. Key standards the industry are concerned about include: the stockpiling of combustible material; landfill levy avoidance; poorly managed small landfills; illegal dumping for commercial gain; and fraudulent activity involved in cash for scrap (24 October 2017). More...

Battery storage could be hard hit by new energy policy
Battery storage for renewable energy may be too expensive under the Federal Government's new energy policy, the industry says (19 October 2017). More...

No answers yet for two-thirds of the economy not covered by latest energy plan
Farmers, builders and the trucking industry might be forced to do extra work to cut greenhouse gas emissions because of the way the National Energy Guarantee is designed (18 October 2017). More...

Coalition signs off on new energy plan to replace Clean Energy Target
The Coalition agrees to ditch the Clean Energy Target and signs off on Malcolm Turnbull's latest plan, which the Government says will make power bills cheaper and more reliable while still cutting down carbon emissions (17 October 2017). More...

Renewables industry reels after Coalition reveals energy plan
"Keeping the lights on" is a pretty low goal for energy policy, but it's what Malcolm Turnbull has promised, after it emerged today that a recommended Clean Energy Target had been killed and the long-standing Renewable Energy Target would follow in 2020 (17 October 2017). More...

Consumers to save billions on their power bills as Limited Merits Review legislation passes parliament
The Turnbull Government has today passed legislation that removes the ability of energy network companies to appeal the decisions of the Australian Energy Regulator (AER) (16 October 2017). More...

Becoming more urban: attitudes to medium-density living are changing in Sydney and Melbourne
Australia is increasingly linked to a fast-growing global population. The populations of Sydney and Melbourne are both expected to exceed 8.5 million by 2061. What will Australia's cities look like then? (26 October 2017). More...

Australia world's second-worst offender for biodiversity loss
Australia is one of just seven countries responsible for more than half the world's biodiversity loss between 1996 and 2008 — and investing in conservation is the key to slowing the decline (26 October 2017). More...

EU votes to prioritise energy efficiency
The EU Committee on Industry, Research and Energy (ITRE) have adopted amendments to the Energy Performance of Buildings Directive (EPBD), advancing energy efficient renovations of existing buildings, and including infrastructure to support electric vehicles in new buildings and building energy performance monitoring (25 October 2017). More...

Delivering Better Bang for Buck from our Infrastructure
A new approach to infrastructure business case development is urgently required if we are to maximise the value of our future investments. Peak association, the Australian Sustainable Built Environment Council (ASBEC) has identified twelve recommendations to reform how governments justify their infrastructure spend (18 October 2017). More...

GBCA: Charting a course towards carbon neutral portfolios
Just last week, the Australian Government launched the National Carbon Offset Standard for Buildings and the National Carbon Offset Standard for Precincts. These national standards are the result of many months of close collaboration between the property industry, represented by the GBCA, the federal government and NABERS. We now have clear definitions, making it simple for asset owners to meet these standards (16 October 2017). More...

Mirvac chief says focus groups tell another story about higher density living
A major developer boss has admitted the property industry has a problem convincing Australian residents of the benefits of higher-density living (26 October 2017). More...

Solar costs to fall further, powering global demand: Irena
Solar power is in the midst of boom because of sharp drops in costs and efficiency improvements, pushing global capacity from virtually zero at the start of the century to 300 gigawatt (GW) by the end of 2016, a figure expected to rise again by 2020 (23 October 2017). More...

In the media – Victoria

New advisory experts to support Goulburn-Murray Water
The Andrews Labor Government is establishing an advisory panel of experts to support Goulburn-Murray Water (GMW) in ensuring a prosperous and productive irrigation district across Northern Victoria. The advisory panel will report to the Minister for Water and the GMW Board, and will provide options to ensure GMW is best placed to take advantage of the $2 billion Connections Project (27 October 2017). More...

New technologies to recover energy from waste
The Andrews Labor Government has released a discussion paper on converting waste to energy to support the development of new technologies, including anaerobic digestion and thermal treatment of waste. To read the discussion paper, click here (26 October 2017). More...

Fishermans Bend to prioritise walkability and sustainability
The newly released Fishermans Bend Draft Framework has put sustainability at the centre of proposals for planning and delivery of the urban renewal project. It also includes a strong focus on developing better cycling infrastructure and cycling links, and sets a walk score target of 90 per cent for all residential dwellings (24 October 2017). More...

EPA approves application from Boral Cement for new Geelong facility
Environment Protection Authority Victoria (EPA) has approved a works approval application from Boral Cement Ltd to construct a new clinker grinding facility at Walchs Road, North Shore, Geelong (Lascelles Wharf) (23 October 2017) More...

In the media – New South Wales

Rezone proposal for new homes and parkland in Warnervale
A new plan to provide a greater versatility of housing and more parkland on the Central Coast has been progressed following the NSW Department of Planning and Environment approval of a Gateway application (27 October 2017). More...

New homes and open space set for Southern Highlands at Moss Vale
A rezoning in the Southern Highlands will release new greenfields land that will deliver new housing choice for the region (27 October 2017). More...

Planning bill enters parliament
Long anticipated reforms to the NSW planning system were released with the introduction of the Environmental Planning and Assessment Bill 2017 into the Legislative Council this month. The Bill largely mirrors draft legislation, with a substantial focus on increasing community participation and on strengthening strategic planning at the local level (27 October 2017). More...

Sydney's developers and builders on notice to get their site right
Almost two thirds of Sydney local government areas will be targeted in the next 'Get the Site Right' erosion and sediment control campaign, which began on 1 November (26 October 2017). More...

Greater Sydney Commission firms up plan for three cities
Greater Sydney Commission head Lucy Turnbull said the release of the draft Greater Sydney Region Plan was "pivotal" to managing the growth of the city over the next 40 years, enabling the majority of people to commute to their nearest city within 30 minutes, through the Western Parkland City, west of the M7; the Central River City, based around Parramatta; and the Eastern Harbour City (24 October 2017). More...

Sydney expands residential waste collection
The City of Sydney has unanimously voted to start collecting food waste, textiles and e-waste, in a bid to get to zero waste by 2030. The plan, to be carried out over the next two to three years, will set new standards for residential waste collection across the country (26 October 2017). More...

Learn more about the revitalisation of Telopea
The local community is encouraged to have their say on an exciting 20-year vision to transform Telopea with new homes and a vibrant new town centre (25 October 2017). More...

The future of the Beryl Solar Farm to be decided
An application by First Solar Pty Ltd to build an 87 megawatt solar farm approximately 5km west of Gulgong has been referred to the Planning Assessment Commission for determination (24 October 2017). More...

$113m funding boost for infrastructure to fast track housing supply
A boost of $113 million funding boost to accelerate the delivery of vital infrastructure to support new homes in NSW was announced today by Minister for Planning and Housing Anthony Roberts (24 October 2017). More...

Lake Macquarie City Council & Daracon Contractors fined for leachate leak
The NSW EPA has fined Lake Macquarie City Council and Daracon Contractors Pty Ltd $15,000 each after leachate leaked from a broken pipe at the Awaba Waste Disposal Facility. Some of this leachate reached local waterways, including an un-named creek that flows to Kilaben Creek and Lake Macquarie (25 October 2017). More...

Pollution incident sees Hilltops Council enter into Enforceable Undertaking
Hilltops Council has entered into an Enforceable Undertaking with the NSW Environment Protection Authority (EPA) following an air pollution incident that occurred from 8 to 26 October 2016 (25 October 2017). More...

Man arrested following investigation into illegal dumping
On Wednesday 25 October the EPA, with NSW Police, executed a number of search warrants in Castle Hill, Guildford, Bass Hill, Merrylands West and Parramatta. The warrants were part of a complex and thorough EPA investigation into the alleged unlawful disposal of waste, including waste contaminated with asbestos (25 October 2017). More...

Turnbulls fined $708,750 for illegal clearing
Two landholders from the Moree area have been fined a total more than $700,000 plus costs for illegally clearing native vegetation on properties at Croppa Creek in north western NSW (24 October 2017). More...

Smart Green Apartments snags built environment Green Globe
The City of Sydney's Smart Green Apartments program has taken out the built environment category at NSW's annual Green Globe awards, held last week (24 October 2017). More...

Broken Hill Pipeline to be built
Minister for Regional Water Niall Blair today announced John Holland MPC Group Joint Venture will design and construct the River Murray to Broken Hill pipeline at a total cost of $467 million, in what is a game-changing piece of water infrastructure (23 October 2017). More...

Exciting new era dawns for Bonds historic industrial site
The former Bonds Spinning Mills site in Sydney's west is now one step closer to being revitalised after changes to zoning were approved by the NSW Government this week (20 October 2017). More...

Court orders Toronto waste facility to install stronger leachate management measures
The Land and Environment Court has ruled in favour of the EPA in its decision on matters before the Court in a case commenced by Jet Group Australia Pty Ltd. The Court decision requires Jet Group Australia Pty Ltd to install stringent pollution management systems at its Toronto composting facility (19 October 2017). More...

Parramatta Light Rail must stimulate development along the route
The Urban Taskforce believes that when transport infrastructure projects are announced there should be a related announcement about the number of new homes to be developed (18 October 2017). More...

Revitalising Newcastle
The amenity of Newcastle City Centre has sky-rocketed with the removal of heavy rail infrastructure. The next phase of Revitalising Newcastle involves a planning proposal for future land use in the former heavy rail corridor (18 October 2017). More...

NSW all alone as Victoria announces bag ban
Victoria's ban on single-use plastic bags has left NSW the last state to act, falling behind every other state in Australia and even the major supermarket chains who have already taken action to ban the bag (18 October 2017). More...

Jupiter wind farm responds to feedback
The proposal to construct the Jupiter wind farm near Tarago has been amended by EPYC Pty Ltd in response to community feedback, including a reduction in the number of turbines (17 October 2017). More...

Commenced reviews of water sharing plans
The Commission has commenced review of the Water Sharing Plan for the NSW Border Rivers Regulated River Water Source 2009. The review of two other water sharing plans will follow (16 October 2017). More...

EPA fines Hydromet for water pollution and poor waste storage
The NSW Environment Protection Authority has fined Hydromet Corporation $30,000 for inadequate storage of waste materials and polluting waters at their Tomago facility (15 October 2017). More...

In the media – Queensland

PCA: Industry seeking job-creating election commitments
The Property Council has developed a policy blueprint to deliver positive economic and social outcomes over the next parliamentary term and is seeking support for these from the party leaders (29 October 2017). More...

Burdekin nitrogen trials pay off for cane farmers and Reef Report Card
Burdekin farmers are using less nitrogen, increasing their profits and improving water quality in the Great Barrier Reef thanks to the Palaszczuk Government's RP20 Burdekin Nitrogen Trials (27 October 2017). More...

3,000 renewable energy jobs make Qld shine as energy investment leader
Energy Minister Mark Bailey said the Palaszczuk Government is investing $21 million to improve access to solar panels and household storage batteries and offering no-interest loans to help those Queenslanders who don't have access to the upfront capital required to invest in solar and battery to help reduce their bills and be part of a clean energy future (27 October 2017). More...

Carbon farming could be worth $8 billion to Queensland by 2030
Queensland's emerging carbon farming industry could generate billions of dollars for our economy by 2030, according to a new report released today (25 October 2017). More...

New planning scheme paving the way for Yarrabah community
Yarrabah residents will benefit from the introduction of a new Town Planning Scheme this week, which will provide for future development in Yarrabah while protecting cultural heritage and natural assets (23 October 2017). More...

Turnbull Govt must turn on funding tap for Qld water projects
The Palaszczuk Government has put $12.5 million on the table to help fund a vital water project in the Burdekin that could deal with long term salinity problems (20 October 2017). More...

Local Government 10 Point Plan released
The Local Government Association of Queensland's 10 Point Election Plan calls on all parties contesting the poll to commit to a range of funding proposals and policy changes aimed at improving the liveability of local communities and strengthening regional economies (16 October 2017). More...

In Practice and Courts

CER: Conditions precedent and ACCU delivery
If you have an Emissions Reduction Fund carbon abatement contract with the Clean Energy Regulator you must deliver a pre-agreed quantity of Australian carbon credit units (ACCUs) according to the schedule in your contract. Through the auction qualification assessment process, the Clean Energy Regulator may require that conditions precedents form part of your contract—to reduce the risk of non-delivery (23 October 2017). More...

Consultation on the Regulation Impact Statement for a national phase out of PFOS
A Regulation Impact Statement for consultation on a National phase out of PFOS – Ratification of the Stockholm Convention amendments on PFOS is now available from the Department's website for comment. The consultation RIS proposes a national approach to managing PFOS chemicals to minimise future emissions. The consultation period closes on 18 December 2017 (23 October 2017). More...

AER: Commonwealth Government announces a National Energy Guarantee
On 17 October, the Commonwealth Government accepted advice from the Energy Security Board (ESB) to establish a National Energy Guarantee. The ESB has provided the COAG Energy Council with advice on changes to the National Electricity Market (NEM) and legislative framework. The ESB specifically provided recommendations to support the provision of reliable, secure and affordable electricity with a focus on ensuring: the reliability of the system is maintained; the emissions reduction required to meet Australia's international commitments are achieved; the above objectives are met at the lowest overall costs (17 October 2017). More...

CER: Updated guidance and Auditor Registration Instrument now available
On 29 September 2017, the National Greenhouse and Energy Reporting (Auditor Registration) Instrument 2017 (the Instrument) underwent some minor changes. In addition to these minor legislation changes, the audit determination handbook and the audit information hub has been updated to provide more detailed guidance to auditor (20 October 2017). More... More...

Announcements, Draft Policies and Plans released 2017


Have your say on a new development at Walsh Bay
Plans for an upgrade to Sydney's Walsh Bay arts and cultural precinct are on exhibition from today for community consultation. Submissions can be made until 24 November 2017. To make a submission or view the Environmental Impact Statement for the proposal, click here (26 October 2017). More...

EPA updated Noise Policy for Industry
The NSW EPA has published the Noise Policy for Industry, replacing the existing Industrial Noise Policy, to ensure that the policy settings for the EPA's regulation of noise from large, complex sites is up to date, clear and effective (26 October 2017). More...

Have your say on Greater Sydney's future
A new plan sees Greater Sydney reshaped into three connected cities by 2057. The Greater Sydney Commission's draft Regional Plan and Transport for NSW's Future Transport strategy for metropolitan Sydney are open for public comment (23 October 2017). More... More...

NSW People and Places Dashboard
A new online tool that gives a snapshot of NSW's people, demographics and green areas now and 20 years into the future has been launched by Minister for Planning and Housing Anthony Roberts (16 October 2017). More... More....

Draft NSW Waste and Resource Recovery Infrastructure Strategy 2017-2021
The EPA would like to know what you think about the draft NSW Waste and Resource Recovery Infrastructure Strategy 2017-2021. The EPA's NSW Environment Protection Authority's (EPA) Waste and Resource Recovery (WARR) Strategy 2014–21 sets targets for the diversion of waste from landfill, increasing from 63% in 2014/15 to 75% by 2021. Submissions close on 20 November 2017. More...

EPA: $3 million in grants now available for Community Recycling Centres
The NSW EPA and the NSW Environmental Trust (ET) are calling for local government, not-for-profit organisations and businesses from select Local Government areas to apply for grants to set up Community Recycling Centres (CRC) for the collection of household problem wastes. Applications are open until 15 November 2017. For more information about the grants including how to apply and information sessions please click here.

Community Consultations on Exhibition


EP&A Regulation Review Close 24/11/2017
Draft Primary Production and Rural Development State Environmental Planning Policy and planning reforms Close 18/12/2017



Gurner 26-56 Queens Parade Pty Ltd v Yarra CC [2017] VCAT 1745
Section 79 of the Planning & Environment Act 1987; Yarra Planning Scheme; Mixed Use Zone; Heritage Overlay; Design & Development Overlay; Construction of 295 dwellings in a ten-storey building; Construction of four three-storey townhouses; Heritage; Built form.

Petrou v Bupa Aged Care Australia Pty Ltd (Human Rights) [2017] VCAT 1706
Indirect discrimination - section 9 Equal Opportunity Act 2010 - meaning of " effect of disadvantaging persons with an attribute", "not reasonable", section 53(f) discrimination in providing accommodation, section 55 reasonable alterations to accommodation, section 44 subjecting person to detriment in connection with provision of a service - claims dismissed.

Datta Yoga Centre Australia v Wyndham CC [2017] VCAT 1693
Wyndham Planning Scheme; Green Wedge Zone; Place of worship; Impacts on agricultural uses on the land and the wider area; Intensity of use; Hours of operation; Number of worshippers; Noise; Lightspill; Traffic. No permit.

Bourke v Campaspe SC [2017] VCAT 1660
Section 82 of the Planning and Environment Act 1987. Application for review of a responsible authority's decision to grant a planning permit. Campaspe Planning Scheme. Outdoor piggery. Farming Zone. Intensive animal husbandry. Sufficiency of planning applications materials and management plans. Role of guidelines other than those incorporated in the planning scheme. No permit.

Australian Catholic University v Yarra CC [2017] VCAT 1387
Yarra Planning Scheme; Application pursuant to Section 149(1)(d) of the Planning and Environment Act 1987; Commercial 1 Zone; Mixed Use Zone; Development Plan Overlay Schedule 2 (DPO2); Heritage Overlay (HO334); State Significant Health and Education Precinct; Amendment to approved Development Plan; Australian Catholic University; St Patrick's Campus; Melbourne Bike Share facility; Daniel Mannix Building; Height; Setbacks; Integration with heritage fabric; Vehicle access; Parking.


David DeBattista v Shoalhaven City Council [2017] NSWLEC 1602
DEVELOPMENT APPEAL – for multi-unit development – AMENITY IMPACTS – excessive height and density of the development – weight to be given to the objectors' evidence in circumstances where the expert evidence supports a conditional approval of the application.

Michael Pollard v Blue Mountains Council [2017] NSWLEC 1597
DEVELOPMENT APPLICATION: whether the development application has adequately demonstrated that the development will not have an unacceptable impact on Aboriginal heritage.

Modog Pty Limited v North Sydney Council No. 2 [2017] NSWLEC 1598
DEVELOPMENT APPLICATION: construction of a residential flat building; existing use rights; appropriateness of the size of the building envelope; impact on adjoining heritage item; directions to amend the proposal.

Toplace Pty Ltd v City of Parramatta Council [2017] NSWLEC 1594
APPEALS: two separate but related appeals: modification to development application; order to cease work; same development; BCA compliance; permanent dewatering.

Cheong v Hornsby Shire Council [2017] NSWLEC 1591
Appeal against Order issued under s 121B of the Environmental Planning and Assessment Act – development consent required for use of premises as a boarding house – no development consent held for use as a boarding house – use of premises as a boarding house - order requiring cessation of use - discretion available to the Court.

New Street No. 1 Pty Ltd v Waverley Council [2017] NSWLEC 1592
DEVELOPMENT APPEAL: against refusal of additional units for approved development at Bronte RSL - seeks variation to floor space ratio – variation to height control – whether the development is compliant with design quality principles – impact on streetscape – impacts on amenity of neighbouring properties – parking and access arrangements – public interest.

Chief Executive of the Office of Environment and Heritage v Cory Ian Turnbull [2017] NSWLEC 140
OFFENCES AND PENALTIES – sentence – clearing of native vegetation – objective seriousness of offence – substantial environmental harm caused – clearing pre-meditated and intentional – clearing done for financial gain – foreseeable risk of environmental harm – practical measures to prevent risk of harm – control over causes of harm – offence in middle of range of objective seriousness – subjective circumstances of offender – no prior convictions – prior good character – late plea of guilty – contesting sentencing facts – low utilitarian value of plea – no genuine remorse for offence or consequences – fine and costs order – not established unable to pay both.

Chief Executive of the Office of Environment and Heritage v Grant Wesley Turnbull [2017] NSWLEC 141
OFFENCES AND PENALTIES – sentence – clearing of native vegetation – objective seriousness of offence – substantial environmental harm caused – clearing pre-meditated and intentional – clearing done for financial gain – foreseeable risk of environmental harm – practical measures to prevent risk of harm – control over causes of harm – offence in middle of range of objective seriousness – subjective circumstances of offender – no prior convictions – prior good character – late plea of guilty – contesting sentencing facts – low utilitarian value of plea – no genuine remorse for offence or consequences – fine and costs order – not established unable to pay both.

Jewish Learning Centre Limited v Waverley Council (No.2) [2017] NSWLEC 1590
DEVELOPMENT APPLICATIONS: two separate but related development applications for same property – use of building for a child care centre – use of building for a synagogue and teaching centre – dispute on condition of consent.

Bunderra Holdings Pty Ltd v Pasminco Cockle Creek Smelter Pty Ltd (subject to Deed of Company Arrangement) [2017] NSWCA 263
ENVIRONMENT AND PLANNING – construction of development consent – development consent approved 90-lot subdivision – whether condition 16 of development consent required construction of reinforced concrete pipe ENVIRONMENT AND PLANNING – construction of development consent – whether a document can be retrospectively incorporated into a development consent by "necessary implication".

Jet Group Australia Pty Ltd v Environment Protection Authority [2017] NSWLEC 1588
ENVIRONMENT PROTECTION LICENCE: Category 1 activity – composting – water pollution - leachate management – financial assurance as security – appropriate licence conditions.

Camberlee Investments Pty Ltd v Shoalhaven City Council [2017] NSWLEC 1585
DEVELOPMENT APPEAL – whether or not development satisfies the requirements of an eco-tourist facility – cl 5.13 Shoalhaven LEP - traffic – objector evidence – public interest.


Sailmist Pty Ltd v Sunshine Coast Regional Council [2017] QPEC 063
ENVIRONMENT AND PLANNING – APPLICATION – Where an application was filed seeking changes to a Development Approval – Where the respondents support the application – Where there was uncontested evidence of a town planner and of an environmental scientist and bushfire consultant, which supported the conclusion that the result would not be a substantially different development – Where the consent of the owners of the land subject of the approval, was evidenced in accordance with s 371 of the Sustainable Planning Act 2009 – Whether it is appropriate to grant the application. INTERPRETATION – GENERAL RULES OF CONSTRUCTION OF INSTRUMENTS – Where the application was filed but not determined prior to the commencement of the Planning Act 2016 – Where that commencement effected the repeal of the Sustainable Planning Act 2009 – Whether the Planning Act 2016 operates so as to preserve and continue the application of the SPA to this application.

Bose v Weir [2017] QCAT 352
ENVIRONMENT AND PLANNING – TREES, VEGETATION AND HABITAT PROTECTION – DISPUTES BETWEEN NEIGHBOURS – where trees obstruct a view that previously existed – where no dwelling upon the land at the time of settlement – where s 66(3)(b)(ii) of the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) does not apply if there is no dwelling on the neighbour's land – where dispute about the term 'possession' – where neighbour contends 'ownership' and 'possession' have different meanings.

Harvest Investment Co (No 2) Pty Ltd v Sunshine Coast Regional Council [2017] QPEC 061
PLANNING AND ENVIRONMENT – APPEAL – appeal against a refusal for development permit for a material change of use for a shopping complex.
CONFLICT – conflict with superseded planning scheme – whether proposed development conflicts with Maroochy Plan 2000 – whether unacceptable character and visual amenity impacts. PLANNING NEED – whether sufficient need for a full-line supermarket on the site.
GROUNDS – whether there are sufficient grounds to justify an approval of the proposed development despite conflicts – whether superseded planning scheme overtaken by events when it ceased to apply – whether it adequately addressed the type of development proposed.

Aveo Clayfield Pty Ltd v Brisbane City Council [2017] QPEC 060
PLANNING AND ENVIRONMENT – APPLICATION – joinder of parties – permissible change application – whether proposed second respondents are directly affected by the relief sought.

Ausco Modular Pty Ltd v Western Downs Regional Council [2017] QPEC 058
PLANNING AND ENVIRONMENT – APPEAL – appeal against refusal of a development application seeking a development permit for material change of use for a workers accommodation village – whether there is conflict with the planning scheme – whether the use will have unacceptable social planning impacts – whether the use will have unacceptable traffic impacts – whether the use will have unacceptable noise, lighting, odour or dust impacts – whether there is a need for the proposed development – whether there are sufficient grounds to approve the development despite conflict with the planning scheme.



Coal-Fired Power Funding Prohibition Bill 2017 [No. 2]
23/10/2017 - A Bill for an Act to prohibit Commonwealth support for coal fired power stations.

Coal-Fired Power Funding Prohibition Bill 2017
17/10/2017 - The Bill establishes an Act to prohibit the Commonwealth government or its agencies from funding the refurbishment, building, purchasing or assisting in the transfer of ownership of, a coal-fired power station. The Act allows for financial assistance or support for the purposes of providing transition assistance to affected workers or managing the closure of the coal-fired power station.

Renewable Energy Legislation Amendment (Supporting Renewable Communities) Bill 2017
17/10/2017 - The purpose of the bill is to ensure community energy is supported by the Australian Renewable Energy Agency (ARENA) and the Clean Energy Finance Corporation (CEFC). The intent of the bill is to provide greater certainty to communities looking to develop a community based energy model, encourage innovation and investment; and to ensure best practice planning to support the growth in community energy projects.

Ozone Protection and Synthetic Greenhouse Gas Management Legislation Amendment (2017 Measures No. 2) Regulations 2017
18/10/2017 - These regulations amend the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 to facilitate the renewal of refrigeration and air conditioning industry permits and fire protection industry permits; extend the maximum duration of all refrigeration and air conditioning industry permits and fire protection industry permits to 36 months; and allow the supply and use of methyl bromide for non-quarantine and pre-shipment uses by critical use exemption holders in 2018.


Proclamations commencing Acts

Waste Avoidance and Resource Recovery Amendment (Container Deposit Scheme) Act 2016 No 57

2017-593) — published LW 27 October 2017.

Environmental Planning Instruments

State Environmental Planning Policy (Infrastructure) Amendment (Sydney Harbour Subdivision and Shooting Ranges) 2017

(2017-590) — published LW 20 October 2017.

Bills introduced – Government – 20 October 2017

Electricity Supply Amendment (Emergency Management) Bill 2017
Environmental Planning and Assessment Amendment Bill 2017
Natural Resources Access Regulator Bill 2017

Non-Government – 20 October 2017

Forestry Amendment (Public Enforcement Rights) Bill 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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Peter Holt
Gerard Timbs
Jenny Humphris
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however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

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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