Australia: Planning & Environment News - 21 November 2017

Last Updated: 24 November 2017
Article by Joseph Monaghan, Breellen Warry, Peter Holt, Gerard Timbs and Jenny Humphris

Most Read Contributor in Australia, August 2018

In the media – National

Industry groups unite on roadmap to drive Qld's economic growth
Five Queensland peak industry groups have united to release a joint roadmap outlining how the next State Government can create jobs, drive growth and build confidence across key sectors of the economy (12 November 2017). More...

Renewable Energy can be strengthened in next round of climate negotiations
Countries have an opportunity to significantly increase renewable energy ambition within Nationally Determined Contributions (NDCs), and to accelerate its deployment in line with climate objectives under the Paris Agreement, per a new report by the International Renewable Energy Agency (IRENA) (10 November 2017). More...

Company commits to spending $2 million after clearing woodland
Coal and Allied Pty Ltd will commit over $2 million as part of an enforceable undertaking entered into following a contravention of Australia's national environment law, the Environment Protection and Biodiversity Conservation Act 1999 (08 November 2017). More...

Murray Darling Basin environment water boosts community engagement
Community consultation will be increased under an expanded local engagement push from the Commonwealth Environmental Water Office (CEWO). The expanded program has six local full-time engagement officers New locations are Walgett, Tamworth, Wodonga, Wagga Wagga. Officers will remain at existing pilot locations Mildura and Berri (10 November 2017). More...

Second exemption granted for NSW shark net trial
The Turnbull Government has granted the NSW Government a second exemption under national environment law to conduct shark net trials over two years on the NSW north coast between 1 November 2017 and 31 October 2019 due to the risk to human life from shark interactions (09 November 2017). More...

Large-format retail reforms adopted by NSW government
The NSW government has agreed to adopt planning reforms for large-format retail recommended by the Retail Expert Advisory Committee (REAC), in a big win for the sector. In contrast, Victoria adopted reforms to simplify and deregulate planning zones to drive competition and investment in the retail sector four years ago (08 November 2017). More...

Two Australian cities among world's 'smartest'
A new study reveals that Melbourne and Sydney are among the top 20 'smart cities' in the world. According to EasyPark's Smart City Index 2017, Melbourne is considered the 10th smartest city in the world, while Sydney ranked at number 12 (07 November 2017). More...

How to benefit from the global growth and harmonisation of EPDs
The global hype around Environmental Product Declarations is gathering momentum as businesses and governments demand to understand how their procurement choices impact on the environment (07 November 2017). More...

Property Council and AECOM Guide to Resilient Buildings
The Property Council's NSW Asset Management and Sustainable Development Committee, with input from AECOM, have published a policy document providing building owners with practical guidance to protect their assets in the event of extreme weather. The document is specific to the Sydney metropolitan area (07 November 2017). More...

CEFC Triples Investment in Australia's Clean Energy
Niche finance company the Clean Energy Finance Corporation (CEFC) has reported a growing acceptance in Australia of clean energy as a mainstream concept, after their 2016-17 annual report revealed more than $2 billion in new commitments delivered to 35 individual transactions (04 November 2017). More...

Australian Cities Rank Lower Globally for Sustainable Transport
Australian cities have some of the most unsustainable transport systems in the world — earning significantly lower scores than their global counterparts on Arcadis' 2017 Sustainable Cities Mobility Index. Ranking 48 on the scale, Brisbane led Australia for sustainable transport, with Sydney close behind ranking 51 (02 November 2017). More...

Why metros are game-changers for Australian cities
By 2053, about 89 per cent of all Australians are expected to live in capital cities. As more and more people enter these cities, residents are becoming increasingly concerned with impacts on liveability (02 November 2017). More...

Wind turbines and the regional energy landscape
For Australia to meet its obligations under the Paris Agreement, the pace of renewable energy development will have to pick up considerably, with much of it likely to be met by wind. But windfarms are still a divisive issue for many communities due to their visual impact on pastoral landscapes (01 November 2017). More...

Green Star rises to the decarbonisation challenge
November will see the launch of three radical new innovation challenges in Green Star ratings that will hopefully create the incentive for the building sector to outperform on carbon emission reduction (31 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. Such sprawling cities result in economic (productivity), social (spatial disadvantage) and environmental weaknesses (including a very big ecological footprint) (31 October 2017). More...

In the media – Victoria

New suburbs in Melbourne's North
Minister for Planning Richard Wynne today joined Member for Yan Yean Danielle Green and Member for Yuroke Ros Spence to unveil Melbourne's latest suburbs, Donnybrook and Woodstock. Plans for five local town centres, five convenience centres, six government schools, four non-government schools and 46 hectares of parkland are also included (04 November 2017). More...

Spring is the season for renovators and illegal dumping says EPA
EPA says spring is the renovation season as Victorians get busy redecorating and building, but it's also the illegal dumping season, with far too many skip bin loads of renovation waste going missing (03 November 2017). More...

Negotiations with Eastern Maar Traditional Owners to start
The Andrews Labor Government and the Eastern Maar Traditional Owner group have agreed to commence negotiations to formally recognise Eastern Maar Traditional Owner rights over Crown land in southwest Victoria (02 November 2017). More...

Victoria leading charge against climate change
The Andrews Labor Government is keeping Victoria at the forefront of global efforts to tackle climate change, legislating for net zero emissions by 2050, and interim emissions reduction targets every five years to help meet this goal. This legislation brings Victoria's climate policy in line with the goals of the Paris Agreement (02 November 2017). More...

Removal of over 30,000 tonnes of waste from site of Coolaroo fire occurs
The clean-up efforts at SKM Recycling plant in Coolaroo have now concluded after more than 30,000 tonnes of fire-impacted waste was removed as required by an Environment Protection Authority Victoria (EPA) notice (30 October 2017). More...

Odour complaints lead to Mitchell Shire tip fine
Mitchell Shire Council has been fined after complaints from the public about the smell from its landfill on the Seymour-Tooborac Road, Hilldene (30 October 2017). More...

In the media – New South Wales

Beer drinkers to pay more in NSW under container deposit scheme
The price of packaged beer across NSW is about to go up as brewers pass on the costs of the state's new container deposit scheme, brewers warn (10 November 2017). More...

High Court dismisses Turnbull unauthorised land clearing appeal
The High Court dismissed an application by Grant Wesley Turnbull, owner of the property known as "Colorado" on 8 November for special leave to appeal against orders made by the Land and Environment Court in 2016 requiring him to remediate areas of his Croppa Creek property near Moree, following unauthorised land clearing (10 November 2017). More...

Have your say on a new development at Barangaroo
Plans for a new distinctive building with retail and office space at Barangaroo South are now on exhibition for community consultation (10 November 2017). More...

More than $1 million in fines brought by planning compliance team
More inspections and investigations from Department of Planning and Environment compliance officers led to over $1 million in fines being issued last financial year (10 November 2017). More...

PayPal to deliver secure, digital Return and Earn refunds
People who claim drink container refunds through Return and Earn can have the money deposited in their registered PayPal accounts from 1 December using their smartphones, NSW Environment Minister Gabrielle Upton has announced (09 November 2017). More...

A new standard for inclusive kids play spaces
Playgrounds and play spaces across NSW will need to meet a new standard of design by catering for all people, including disabled and able-bodied children and their carers (08 November 2017). More...

Recommendations to embrace the changing face of retailing in NSW
The NSW Government has accepted an independent report recommending planning regulation changes to reflect the shifting landscape of retail trading (08 November 2017). More...

22,000 tonnes of dust stopped
The EPA's Dust Stop Pollution Reduction Program has successfully reduced dust emissions by 22,000 tonnes a year, or by 19%, with further efforts continuing. The Dust Stop program requires all NSW open cut coal mines to implement best practice measures to significantly reduce their dust emissions. This included achieving greater than 80% control of wheel generated dust on their haul roads (03 November 2017). More...

Liverpool CBD upgrade after planning decision
The local community will benefit from changes to the Liverpool Local Environmental Plan (LEP), which will improve the city's public infrastructure (03 November 2017). More...

NSW Housing Approvals Exceed Target
NSW has experienced it 45th consecutive month of record housing approvals - far exceeding the Premier's Priority Target of 50,000 approvals, the latest data from the Australia Bureau of Statistics (ABS) shows (31 October 2017). More...

Department fines supermarket giant in September
Australia's biggest supermarket chain was one of eight operators fined by NSW Department of Planning and Environment compliance officers in September (31 October 2017). More...

Simpler planning rules to protect and manage the environment
Planning rules that manage the environment will be consolidated and simplified to continue to protect the state's water catchments, urban bushland, world heritage areas and waterways (31 October 2017). More...

No more apartments but more Copenhagen for Sydney
Sydney's future residential shape will start to mirror Copenhagen's high-density middle housing as the apartment boom starts to subside, the City of Sydney's director of planning, development and transport Graham Jahn says (30 October 2017). More...

Fundi EPA issues $30,000 in fines for unlawful transport of waste in Hunter region
The NSW Environment Protection Authority (EPA) has issued two fines of $15,000 each after waste from the Singleton Railway Station construction site was unlawfully transported to a property at Nalley Creek (30 October 2017). More...

Funding Sydney: Where's the value capture?
The release of the Greater Sydney Commission's "A metropolis of three cities" at the same time as Transport for NSW's Future Transport strategy amounts to a great step forward for planning and delivering Sydney's growth (30 October 2017). More...

EPA fines Parkes Shire Council for creek pollution
Parkes Shire Council has been fined $15,000 by the NSW Environment Protection Authority (EPA) following three separate sewage discharges into Goobang Creek (29 October 2017). More...

Chester Hill recycling company fined $15,000 for not installing dust controls
The NSW Environment Protection Authority (EPA) has fined Builders Recycling Operations Pty Ltd $15,000 for failing to install dust control measures (29 October 2017). More...

In the media – Queensland

North Stradbroke Island on knife-edge as it readies for tourism to replace mining
Straddie is on a knife-edge with the sand miner Sibelco leaving in 2019 and a government economic transition plan facing serious questions (10 November 2017). More...

Council rejects high-rise aged care development
Brisbane City Council has rejected an aged-care providers proposal to build a three-tower development in Brisbane's south-west after the developer refused to scale back its plans (10 November 2017). More...

In Practice and Courts


Defining small scale systems and large scale systems - new Renewable Energy Target eligibility information
The Clean Energy Regulator has developed new frameworks to help current and potential solar PV participants to determine their eligibility to participate in the Small-scale Renewable Energy Scheme or the Large-Scale Renewable Energy Target (09 November 2017). More...

RET: Register of solar water heaters (version 32) is now available
The register of solar water heaters (version 32) is now available. The register of solar water heaters (version 32) came into effect on Tuesday, 07 November 2017. More...

RET: September Large-scale Renewable Energy Target data now available
The Clean Energy Regulator has released September 2017 (03 November 2017). More... More... 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. More...

ISCA: ISv2.0 Ecology Category Industry Peer Review
Industry peer review is now open for the ISv2.0 Ecology category. Industry peer review closes 19 November 2017. More...

CER: Sixth Emissions Reduction Fund auction to be held in December
The Clean Energy Regulator to hold the sixth Emissions Reduction Fund auction on 6 and 7 December 2017.

Department of Environment and Energy Consultations
Development of a Framework for Investing in Environmental Activities: Discussion Paper - comments close 30 November 2017.
Call for submissions of case studies on action underway on the environment and energy Sustainable Development Goals - comments close 31 December 2017.


Bushfire Prone Areas (BPA) Review 10 Gazetted
The Minister for Planning has approved a new determination that specified areas are bushfire prone areas, removing this designation from thousands of properties in developing areas across the state. This includes 24 councils updated in the 6 November 2017 review (09 November 2017). More...

Reforming the VPP Discussion Paper
The Victorian Government through its Smart Planning program is simplifying and improving the operation of the planning system, to make it the most efficient and responsive in the country. Have your say on the new look VPP framework - submissions close 24 November 2017. The Smart Planning program discussion paper canvasses substantial reforms to the Victoria Planning Provisions (VPP). More...

Announcements, Draft Policies and Plans released 2017


NSW Court trials paperless hearings
The Land and Environment Court is conducting a trial of paperless hearings aiming to make justice faster, cheaper and greener. "The court recently conducted its first paperless hearings in Sydney and Ballina, with a further five trials scheduled for later this year where every piece of evidence will be on a USB stick. The Office of Environment and Heritage has also funded a video to communicate the benefits of paperless trials that was launched today at the Land and Environment Court (01 November 2017). More...

State Environmental Planning Policy (SEPP) review
The NSW Department of Planning and Environment (DP&E) has released its Explanation of Intended Effect (EIE) for a State Environmental Planning Policy that aims to simplify planning rules for a number of water catchments, waterways, urban bushland, and Willandra Lakes World Heritage Property. The closing date for submissions is 15 January 2018. Click here to make a submission on the Explanation of Intended Effect or for more information.

Marine Estate Management Strategy Consultation
The NSW Government has released a draft Marine Estate Management Strategy for consultation, setting out its vision and framework for the next decade. The draft strategy aligns with the Marine Estate Management Act 2014. Submissions close 8 December 2017. More...

EPA consultation: Minimum Standards for Managing Construction Waste in NSW
The EPA is seeking feedback on proposed legislative changes that will introduce minimum standards for managing construction and demolition waste, and improve waste management. Changes proposed relate to offences for transferring waste from licensed waste facilities. The closing date for submissions is 12 December 2017. More...

EPA: 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...

Draft Community Engagement Strategy
The NSW Department of Industry is exhibiting a community engagement strategy to bring openness and transparency to decisions about Crown land used by the community. The strategy will apply to non-council Crown land managers and is a statutory requirement of the new Crown Land Management Act 2016. Have your say by 26 November 2017. More...

Community Consultations on Exhibition

Telopea Precinct Proposal Close 24/11/2017

EP&A Regulation Review Close 24/11/2017
Draft Technical Notes supporting the Guidelines for the Economic Assessment of Mining and Coal Seam Gas Proposals Close 23/10/2017
Repeal of two operational State Environmental Planning Policies Close 22/12/2017
Draft Environment SEPP Close 15/01/2018
Proposed amendment to the definition of Bulky Goods Premises Close 13/12/2017
Amendment to Seniors Housing SEPP Close 24/11/2017


Ipswich City Council Public Notice: Adoption of the Ipswich Planning Scheme: Planning Scheme Policy Major Amendment Packages:
Package 02/2017: On 20 October 2017, Ipswich City Council resolved to adopt major planning scheme policy amendments to the Ipswich Planning Scheme. The planning scheme policy amendments will have effect on and from 6 November 2017. The purpose and general effects of the planning scheme policy amendments relate to Planning Scheme Policy No. 2 – Information Local Government May Request (PSP2) and Planning Scheme Policy No. 3 – General Works (PSP3) [Gaz Notice 03/11/2017].

Package 06/2016: On 20 October 2017, Ipswich City Council resolved to adopt major planning scheme amendments to the Ipswich Planning Scheme. The planning scheme amendments will have effect on and from 6 November 2017, including Amendment to Part 14 – Springfield Structure Plan definition of "Local Shops" and to Schedule 1 – Dictionary definition of "Shopping Centre" and Zoning Map amendments (Z15, Z23 and Z28) [Gaz Notice 03/11/2017].

Queensland Building Plan (QBP) 2017
The QBP outlines measures to address non-conforming building products as a matter of priority by implementing measures such as a chain of responsibility law and establishing the Building Products Advisory Committee (31 October 2017). Click here for the Queensland Building Plan (QBP). More...

Gold Coast City Plan Updates
Consultation is underway on the first major package of updates to the Gold Coast City Plan. The updates are divided into four components; Major Update 1, Major Update 1B, Major Update to City Plan Policies (Schedule 6) and the Local Government Infrastructure Plan. Prominent changes in the updates include greater clarity on where housing on lots less than 400 square metres is deemed appropriate, and updates of flood overlay mapping to reflect State Government criteria. Click here for further information on the proposed changes.

Review of Queensland's state-based energy legislation
The Department of Energy and Water Supply will be undertaking a review of the Electricity Act, Gas Supply Act, and Energy and Water Ombudsman Act and associated regulations. The purpose of the review is to assess how well our state-based energy legislation serves our expectations, needs and interests as they relate to energy today and into the foreseeable future. The review will be undertaken over 3 stages. Stage 1 Consultation: October to November 2017. More...



Strathfield Muslim Welfare Association Incorporated v Strathfield Municipal Council [2017] NSWLEC 1634
DEVELOPMENT APPLICATION: alterations and additions for use of dwelling as a place of public worship; conciliation conference; agreement between the parties; orders.

GV Nominee No. 1 Pty Ltd v Central Coast Council [2017] NSWLEC 1628 DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders.

Alexandria Landfill Pty Ltd and Boiling Pty Ltd v Roads and Maritime Services [2017] NSWLEC 148
BIAS: Application for the trial judge to recuse himself from the hearing and disqualify a particular commissioner from assisting any trial judge - apprehended bias occasioned by prejudgment - principles to apply.

45 Cornelia Street Pty Ltd v Canterbury - Bankstown Council [2017] NSWLEC 1617
DEVELOPMENT APPEAL: against refusal of boarding house development – amendments to application – experts agreed on design of proposal – determination on whether the adjoining property will be isolated –satisfactory negotiations occurred – application warrants approval.

RAD 1 Holdings Pty Ltd v Burwood Council [2017] NSWLEC 1618
DEVELOPMENT APPLICATION: construction of two townhouses; retention of a cottage identified as a local heritage item; front setbacks; height of front fences; solar access to rear private open spaces.

Shed Architects Proprietary Limited v Council of the City of Sydney [2017] NSWLEC 1607
Modification application – heritage significance – construction drawings at DA stage – interpretation of Heritage Inventory – reversible damage – amenity – public interest.

Universal Property Group Pty Ltd v Penrith City Council [2017] NSWLEC 1611
DEVELOPMENT APPLICATION: construction of three residential flat buildings; amended plans address contentions raised by council; no delegation to enter into agreement or consent orders; resident objections.

680-682 Kingsway Caringbah Pty Ltd v Sutherland Shire Council [2017] NSWLEC 99
APPEAL – appeal against refusal of development application to erect residential flat building in Miranda – consideration of redevelopment planning principles – whether breach of development control plan amalgamation plans would result in unacceptable isolation of adjoining properties – whether orderly and economic use and development of relevant sites achievable.

Butler Street Community Network Incorporated v Northern Region Joint Regional Planning Panel (No 3) [2017] NSWLEC 146
COSTS – orders sought in respect of the hearing on a notice of motion – presumptive rule against costs in Class 1 proceedings – whether the circumstances are such so as to overcome the presumptive rule.

Mailey v Sutherland Shire Council [2017] NSWLEC 145
JUDICIAL REVIEW – challenge to emergency order issued under Local Government Act 1993 requiring replacement of failing retaining wall – order not beyond power or uncertain – order not issued for improper purpose.


Consolidated Gold Coast Holdings Pty Ltd v Council of the City of the Gold Coast [2017] QPEC 067
PLANNING AND ENVIRONMENT – application for permissible change under s 369(1)(d) of Sustainable Planning Act 2009 – development approval for Stage 2 and 3 of a larger development granted in 2008 – where Stage 1 of development already developed – where the change involves changing buildings in Stage 2 from attached to detached dwellings – where change would raise the relative height of the dwellings by moving them up a sloping site – whether the change would result in a substantially different development – whether the change would be likely to cause a properly made submission objecting to the proposed change.

Whitsunday Regional Council v Branbid Pty Ltd [2017] QPEC 066
ENVIRONMENT AND PLANNING – CONTEMPT – non-compliance with enforcement order

Hungtat Worldwide Pty Ltd v Chief Executive of the Department of Environment and Heritage Protection [2017] QPEC 062 APPEAL AGAINST ISSUING OF A CLEAN-UP NOTICE – where appellant owner occupier of large golf resort development in floodplain west of Surfer's Paradise – where land in close proximity to canal development off Nerang River – where a water contamination issues including fish kill initiated investigation by respondent – where contamination determined to involve the release of acidic soil products and iron rich water from the land into canal – where respondent issued a clean-up notice on the appellant requiring it to carry out remedial work. WHERE NOT IN DISPUTE APPELLANT NOT DIRECTLY RESPONSIBLE FOR THE CAUSE OF CONTAMINATION – whether the appellant has caused or permitted a contamination incident to happen – whether a contamination incident had in fact happened – whether appellant was not the occupier of a place for the purposes of the Environmental Protection Act 1994 at the time of the alleged contamination incident – whether appellant was not the owner or person in control of any contaminant involved in alleged incident.




Regulatory Powers (Standardisation Reform) Act No 124 of 2017
08/11/2017 – Amends the Greenhouse and Energy Minimum Standards Act 2012; Illegal Logging Prohibition Act 2012; Building Energy Efficiency Disclosure Act 2010.

Legislation (Deferral of Sunsetting—Protection of Movable Cultural Heritage Regulations) Certificate 2017
30/11/2017 – This instrument defers the sunsetting date of the Protection of Movable Cultural Heritage Regulations 1987 from 1 April 2018 to 1 April 2019.


No. 56: Renewable Energy (Jobs and Investment) Act 2017
Assent: 8/11/2017 SG (No. 376) 8/11/2017 p. 1 Commencement: NYP. Not yet in operation: Ss 1-10.

Statutory Rules made

No. 108: Heritage Regulations 2017
Commencement: 01/11/2017: reg. 3 Not yet in operation: Regs 1-33: on 01/11/2017: reg. 3 Sunset Date: 24/10/2027.
No. 109: Heritage (Underwater Cultural Heritage) Regulations 2017
Commencement: 01/11/2017: reg. 3 Not yet in operation: Regs 1-22: on 01/11/2017: reg. 3 Sunset Date: 24/10/2027.


Regulations and other miscellaneous instruments
Roman Catholic Church Communities' Lands Amendment (The Maronite Order of the Blessed Virgin Mary) Proclamation 2017 (2017-624) — published LW 10 November 2017

Proclamations commencing Act
Protection of the Environment Legislation Miscellaneous Amendments Act 2017 No 21 (2017-609) — published LW 3 November 2017

Environmental Planning Instruments
Ballina Local Environmental Plan 2012 (Amendment No 31) (2017-619) — published LW 10 November 2017
Campbelltown Local Environmental Plan 2015 (Amendment No 6) (2017-620) — published LW 10 November 2017
Great Lakes Local Environmental Plan 2014 (Amendment No 17) (2017-621) — published LW 10 November 2017
Strathfield Local Environmental Plan 2012 (Amendment No 10) (2017-622) — published LW 10 November 2017
Blue Mountains Local Environmental Plan 2015 (Amendment No 4) (2017-610) — published LW 3 November 2017
Gloucester Local Environmental Plan 2010 (Amendment No 4) (2017-611) — published LW 3 November 2017
Kempsey Local Environmental Plan 2013 (Amendment No 18) (2017-612) — published LW 3 November 2017
Liverpool Local Environmental Plan 2008 (Amendment No 65) (2017-613) — published LW 3 November 2017
For the full text of Bills, and details on the passage of Bills, see Bills.


Subordinate legislation as made
No 226: Queensland Building and Construction Commission (Non-Conforming Building Products Code of Practice) Notice 2017 – 06 November 2017.

Acts as passed

No 42: Housing Legislation (Building Better Futures) Amendment Act 2017 – 10 November 2017
The Housing Strategy seeks to ensure Queenslanders have access to safe, secure, and affordable housing. The Housing Strategy aims to ensure confidence in housing markets, ensure consumers are protected and will reform and modernise the housing legislative framework.

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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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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