Australia: Planning & Environment News - 13 December 2017

Last Updated: 19 December 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

China's ban on foreign rubbish leaves Australian recycling industry eyeing opportunities
China's ban on foreign waste is reverberating through Australia's waste industry, but local operators see it as a wakeup call which should serve as the trigger to take responsibility for our own waste and transition to a cleaner economy (10 December 2017). More...

Mine clean-up rules under scrutiny by COAG
State and Territory Mining and Energy Ministers have agreed to look at a nationally consistent approach to mine-site rehabilitation (08 December 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. As part of the enforceable undertaking, Coal and Allied Pty Ltd will establish 210 hectares to the value of $1.2 million for the establishment of offsets for the ecological community (08 December 2017). More...

On track for 20 Million Trees by 2020 thanks to $18 million funding boost
Twenty million trees will be planted across Australia by June 2020 thanks to an $18 million boost from the Coalition Government for 64 new revegetation projects that directly benefit Australian threatened ecological communities and threatened species (08 December 2017). More...

Major new report compares Australia's cities
The Australian Government has released its first National Cities Performance Framework. It is a major report that provides a snapshot of the productivity and progress of Australia's largest 21 cities, including Western Sydney (08 December 2017). More...

CER: Improper creation of STCs results in compliance action
Following recent enforcement action against one of Australia's largest solar retailers, the Clean Energy Regulator has taken enforcement action against one of the largest registered agents, Emerging Energy Solutions Group Pty Ltd, who improperly created small-scale technology certificates (STCs) based on false information and representations provided to them by third parties (07 December 2017). More...

Lendlease achieves first 6 Star Green Star portfolio rating
The Australian Prime Property Fund (APPF) Commercial, managed by Lendlease Investment Management, has become the first fund in Australia to ever be awarded a 6 Star Green Star – Performance rating across its portfolio of assets (07 December 2017). More...

Innovative methods to help prevent coral bleaching on the Reef
World leading innovative methods will be trialled to mix warmer surface water with cooler waters from the deep in an effort to reduce the impacts of thermal stress on the Great Barrier Reef to mitigate coral bleaching events. Funded as part of the Reef 2050 Plan, the project will test whether water mixing technology, currently used in freshwater storages, can reduce coral stress at a local level (07 December 2017). More...

New arrangements for the Great Barrier Reef Marine Park Authority
The Coalition Government has today released its response to the Independent Review of Governance of the Great Barrier Reef Marine Park Authority, accepting all 24 recommendations to further strengthen the Authority and position it to best meet the significant challenges facing the Great Barrier Reef (30 November 2017). More...

Bioregional Assessment of Cooper Basin
The Cooper Basin in Queensland and South Australia will be assessed as a potential source of gas as the Turnbull Government seeks to boost our energy supplies. The $30.4 million Geological and Bioregional Assessments Program is part of the "Towards a New Energy Future" package (29 November 2017). More...

Bring nature back into cities, planners told
New research shows that besides using the right species for the local environment, their social acceptability, economic use and Indigenous significance need to be carefully considered (04 December 2017). More...

Retirement villages approaching capacity – where will our seniors live
Occupancy of retirement villages in Australia is close to capacity, highlighting the forthcoming shortage of age appropriate housing for senior Australians in their local communities, according to new data. The results of the annual PwC/Property Council Retirement Census show increasing numbers of older Australians are choosing to live in a retirement village (28 November 2017). More...

PIA President calls for National Settlement Strategy, Chief Planner and Urban Design Protocol
Planning Institute of Australia (PIA) President, Brendan Nelson, has called on the Australian Government to play a more active and engaged role in the future development of Australian cities and adopt a 'strategic lens' in how it impacts urban and regional Australia. (28 November 2017). More...

In the media – Victoria

EPA approves West Gate Tunnel project ventilation systems
Environment Protection Authority Victoria (EPA) has granted Western Distributor Authority (WDA) a works approval to build road tunnel ventilation systems near the exits of the two proposed tunnels that make up the West Gate Tunnel project (08 December 2017). More...

Making Councils More Accountable and Transparent
Minister for Local Government Marlene Kairouz today launched the latest data for the Know Your Council website, which provides information on a broad range of performance data – including planning permits, financial performance, roads, governance and waste collection – for Victoria's 79 Local Government Authorities (01 December 2017). More...

Dangerous cladding banned on buildings above two levels
Highly flammable polyethelene cladding – used on thousands of Australian skyscrapers in the past two decades – will be banned by the Victorian government from use in towers above two levels. A state building inspector will be appointed to look specifically at the issue of cladding on buildings (01 December 2017). More...

In the media – New South Wales

Barangaroo set to export water
With a projected production of more than 200 million litres annually, the recycled water plant at Lendlease's Barangaroo will be capable of producing more water than it consumes, thereby making the plant an exporter of recycled water (08 December 2017). More...

Protection of Brutalist Buildings being used to stop new development
The recent interest in Brutalist buildings by the City of Sydney Council and the National Trust has become a new way to stop new housing projects, says the Urban Taskforce (08 December 2017). More...

Visy Paper fined $1,500 for reporting breaches at St Peters waste facility
The NSW Environment Protection Authority (EPA) has fined Visy Paper Pty Ltd $1,500 for not submitting the required monthly waste reports in accordance with the requirements of the Protection of the Environment Operations (Waste) Regulation 2014 (07 December 2017). More...

2 million drink containers returned in just seven days
The first week of the state's Container Deposit Scheme, Return and Earn, has had an overwhelming response with more than 2 million drink containers returned (07 December 2017). More...

Eagle eye on illegal dumping and pollution
The state's environment watchdog is putting eyes in the sky to help respond to illegal dumping sites in remote areas, Environment Minister Gabrielle Upton said today (06 December 2017). More...

EPA successfully prosecutes two freight companies for dangerous goods transport breaches
The NSW Environment Protection Authority (EPA) is reminding freight distribution companies to ensure strict compliance with the legislation after two companies were convicted and fined in Liverpool and Waverley local courts for breaches against the Dangerous Goods (Road and Rail Transport) Regulation. More...

Reaping rewards from agricultural waste
Ethanol Technologies' (Ethtec's) 'strong acid' technology will use feedstock waste streams left behind after the valuable food and fibre components have been harvested from crops and timber plantations in a formal partnership with Newcastle Institute for Energy and Resources (NIER). The project poses a wide range of environmental, social and economic benefits (05 December 2017). More...

Draft Newcastle metro plan released
The NSW Government has released a Draft Greater Newcastle Metropolitan Plan. It sets out urban strategies to 2036 for Newcastle City, Cessnock, Lake Macquarie, Maitland and Port Stephens. The plan was released on 30 November 2017) (04 December 2017). More...

EPA issues $30,000 in fines following fire at Chullora waste facility
The NSW Environment Protection Authority (EPA) has issued two fines of $15,000 each to Suez Recycling & Recovery Pty Ltd following a fire at its Chullora Resource Recovery Park in February 2017 (05 December 2017). More...

Price increases on watch list as Container Deposit Scheme starts
Retailers and distributors who use the NSW Government's Container Deposit Scheme as a false reason to jack up prices will be targeted by NSW Fair Trading after complaints about misleading price increases were made (04 December 2017). More...

EPA fines Australian Pet Brands for liquid ammonia leak in Ingleburn
The NSW Environment Protection Authority (EPA) has fined Australian Pet Brands Pty Ltd a total of $15,000 after a faulty valve resulted in a leak of around 680kg of liquid ammonia at the Ingleburn factory (04 December 2017). More...

NSW aims to become a greener state with draft Green Infrastructure Policy now on public exhibition
The NSW Government last week said it will create a greener Sydney and State to improve the health, economy, environment, infrastructure and biodiversity for all its families and people as part of a statewide green infrastructure policy, Greener Places (04 December 2017). More...

North West Sydney set for a vibrant future
The NSW Government has announced the rezoning of the Bella Vista and Kellyville Precincts to create vibrant communities with new town centres, facilities and green open space, along with 10,400 new jobs for Sydney's north-west (28 November 2017). More...

Asbestos Awareness Month Goes into Overtime
The NSW Environment Protection Authority will team up with SafeWork, RID Squads and Council to conduct joint inspections at waste facilities, building and demolition sites, and businesses between 27 November and 4 December (27 November 2017). More...

Planning policy changes will determine future of agriculture
Under a new statewide proposal, five previous planning policies will be rolled into one overarching document to control intensive agriculture, aquaculture, farm dams — and agriculture on the NSW Central Coast Plateau (26 November 2017). More...

In the media – Queensland

Gates Open for $200m Slim-Fit Gold Coast Tower
The Gold Coast City Council has granted a planning permit for a $200 million, six-star residential development on Wharf Road, developed by Golden Gate Property Group and designed by Rothelowman (07 December 2017). More...

Developer Lodges Application for 12-Storey Tower on $22m South Brisbane Site
A Melbourne-based developer has submitted a development application for a 12-storey commercial building in South Brisbane, designed by BVN architecture. The development will pursue principles of subtropical design, proposing "extensive landscaping", integrated vertical gardens and references to the Queenslander architectural typology (07 December 2017). More...

Seqwater 'ignored' consistent forecasts of flooding rain in 2011, court hears
A Sydney court is told Seqwater dam engineers were preoccupied about the "adverse media effects" and "major embarrassment" of unnecessary water releases just weeks before the 2011 Brisbane and Ipswich flood (05 December 2017). More...

Class action to begin over 2011 Qld floods
Class action will begin in the NSW Supreme Court on Monday into the Queensland floods of 2011. Maurice Blackburn Lawyers are representing more than 6,000 people and businesses who allege dam operators failed to follow their manuals, causing unnecessary disaster across the state (04 December 2017). More...

Hands-on training for tomorrow's town planners in USC-Council partnership Sunshine Coast
A partnership between Noosa Council and University of the Sunshine Coast (USC) is opening doors for aspiring town planners (04 December 2017). More...

Grazier's four-year wait after 'doing the right thing' on land clearing
A North Queensland grazier has spent four years and $40,000 to secure permission to clear land for cattle feed, ahead of planned changes to Queensland's laws (03 December 2017). More...

Native Title decision "another step on our journey"
A native title decision today protects the rights of future generations of the Bailai, Gurang, Gooreng Gooreng and Taribelang Bunda People over land and waters from Bundaberg to Bouldercombe and west to Monto (28 November 2017). More...

North Queensland family seek action over ABC claims of illegal clearing
Today, AgForce called on the Federal and State Governments to explain the truth behind the claims. AgForce CEO Michael Guerin said The Wilderness Society had a long history of making unsubstantiated allegations and the Jonssons maintained they had all the relevant approvals (28 November 2017). More...

In Practice and Courts


National Heritage List nominations
Nominations are now open for places of outstanding natural, Indigenous or historic significance to the nation for possible inclusion on our National Heritage List. Nominations are open until 26 February 2018 (01 December 2017). More...

ISv2.0 Heritage Category Industry Peer Review
Industry peer review is now open for the ISv2.0 Heritage category. Industry peer review closes 8 January 2018. More...

Regulation Impact Statement for a national phase out of PFOS
The Department of the Environment and Energy has released a Regulation Impact Statement on options for a national phase out of perfluorooctane sulfonic acid and related chemicals, including its salts and perfluorooctane sulfonyl fluoride. Submissions are invited until Monday, 26 February 2018. More...

Department of Environment and Energy Consultations
Call for submissions of case studies on action underway on the environment and energy Sustainable Development Goals - comments close 31 December 2017
Consultation on the Regulation Impact Statement for a national phase out of PFOS - Comments close 26 February 2018.

Standing Committee on Infrastructure, Transport and Cities - Current Inquiries
Inquiry into the Australian Government's role in the development of cities

Extreme weather conference 2018
The impact of climate change on infrastructure and government will be one of the key themes of Australia's first Xtreme Weather Conference, to be held at the Sofitel Brisbane on 20 March 2018. The conference brings together climate change experts with local government planners, academics and emergency services to share information on climate change (05 December 2017). More...

Presentation - Environmental Planning and Assessment Amendment Act 2017
Michelle Woods, Executive Director, Planning and Policy Project at The Department of Planning and Environment presented at a Urban Taskforce Forum (28 November 2017) on the topic Environmental Planning and Assessment Amendment Act 2017. More...

Announcements, Draft Policies and Plans released 2017


2018 Congestion Levy rates
The 2018 Congestion Levy rates for both the category 1 and 2 levy areas are now available on our website.

New South Wales

Land and Environment Court - Reappointment of Acting Justice Molesworth
Acting Justice Molesworth AO QC has been reappointed to act as a Judge of the Court for the period commencing on 1 January 2018 and expiring on 31 December 2018 (08 December 2017). More...

[Draft] Green Infrastructure policy, Greener Places
The discussion draft for Greener Places builds on Sydney Green Grid which forms part of the Plan for Growing Sydney, Draft District Plans and the Draft Sydney Regional Plan. This draft is for formal consultation with the community and stakeholders. All feedback will be considered and a final version will be developed during 2018. Submissions close on 2 February 2018. More...

31 December 2017 signals the end for the transitional period for the BASIX energy targets
Home buyers wishing to take advantage of the lower pre-July energy targets under the transitional arrangements will need to apply for a BASIX certificate before 31 December 2017. After this date, the lower pre-July 2017 targets will no longer be available and all new homes and units will be subject to the energy targets introduced on 1 July 2017. More... More...

Where to return your containers for a refund
There is more than 200 collection points across NSW after Return and Earn launched on 1 December 2017. Refunds can be received as cash, digital payment, in-store credit or a charity donation. More...

EPBC Referrals: Invitation to comment
Hunter Valley, NSW - Proposed modification of the conceptual mine plan for the Middle Liddell coal seam which would increase the dimensions of longwalls 15-17 and develop additional longwall panels (November 2017).

Biodiversity Conservation Investment
The Office of Environment & Heritage seeks feedback on the Draft Biodiversity Conservation Investment Strategy 2017-2037 that will guide government investment in private land conservation. Submissions are invited until 15 December 2017. More...

Have your say on priorities for NSW land conservation
Public consultation has commenced on continued planning for future NSW national park additions as well as the NSW Government's investment in private land conservation. The draft strategy and the draft directions statement are being exhibited at the same time. The consultation period for both documents is open from 17 November to 15 December 2017. More... More... 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. More...

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. More...

Coffs Coast Regional Park Draft Plan of Management
The Coffs Coast Regional Park Draft Plan of Management is available for public review and comment. The exhibition of the draft plan provides an important opportunity for members of the community to have a say in future management directions for these parks. Submissions must be received by 12 February 2018.

Have your say on Greater Sydney's future: public comment
The Greater Sydney Commission is encouraging residents, community groups, industry, councils and agencies to have their say on the draft Greater Sydney Region Plan and five revised draft District Plans currently on exhibition. The Commission is hosting a series of three-hour Community Feedback Workshops, for those wanting to meet face-to-face. The draft Plans are on exhibition until 15 December 2017. More...

Community Consultations on Exhibition

Greater Newcastle draft Metropolitan Plan Close 28/02/2018
Wilton North Draft Precinct Plan Close 18/02/2018
Draft Sirius Site SSP SEPP Close 16/02/2018

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
Draft Primary Production and Rural Development State Environmental Planning Policy and planning reforms Close 15/01/2017
Proposed amendments to the Voluntary Land Acquisition and Mitigation Policy and Mining SEPP Close 16/02/2018
Draft Large-Scale Solar Energy Guideline Close 16/02/2018



Mann v Glen Eira CC [2017] VCAT 1838
Section 77 Planning and Environment Act 1987; Glen Eira Planning Scheme; Neighbourhood Residential Zone; Mice breeding and cell isolation for medical research; Land use. No permit.

Henwood v Solar Station Alpha Pty Ltd (Civil Claims) [2017] VCAT 1686
Solar power system; misleading and deceptive conduct; major failure of system; compensation for estimated lack of financial return; Australian Consumer Law sections 18, 54, 62, 259, 260 and 263; breach of contract; refusal to service solar power system due to incident with service person.

New South Wales

Dyno Nobel Asia Pacific Pty Ltd v Environment Protection Authority [2017] NSWCCA 302
ENVIRONMENT AND PLANNING – offences – waters pollution – breach of licence condition – discharge of contaminated water into dam on adjoining rural property – death of five cows – whether deaths caused by pollution of waters – whether cause of deaths proved beyond reasonable doubt – whether deaths substantial harm to environment – whether deaths aggravating factor – Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(2)(g) – sentencing – appeal against sentence – whether primary judge erred in assessment of objective seriousness and harm caused – whether primary judge erred in consideration of good character and mitigation – whether sentence manifestly excessive SENTENCING – relevant factors on sentence – objective seriousness – waters pollution offence – where waters inadvertently polluted and caused deaths of cattle SENTENCING – appeal against sentence – severity – sentence manifestly excessive.

Terra Ag Services Pty Limited v Griffith City Council [2017] NSWLEC 167
APPEAL – appeal against a Commissioner's decision on questions of law – refusal of development consent for rural supplies business – part of development held to be for prohibited purpose of "heavy industrial storage establishment" – whether development for one or more purposes – acceptance that development for more than one purpose – failure to characterise development as a whole – constructive failure to exercise jurisdiction to determine and give reasons for finding that development not for sole purpose of "rural supplies" – constructive failure to exercise jurisdiction to determine whether use for heavy industrial storage establishment subservient to use for rural supplies – constructive failure to exercise jurisdiction to determine and give reasons for finding whether part of development met each element of definition of "heavy industrial storage establishment" – not established that wrong test applied in determining whether goods or materials needed separation from other development – construction of definition of "heavy industrial storage establishment" – no error in not construing by reference to name of development being defined – no error in construction of phrase "for commercial purposes" because phrase not construed at all – construction of zone objectives – error in having regard to objectives of zone in characterising the purpose of development.

Samcourt Pty Ltd v Inner West Council (No 2) [2017] NSWLEC 169
PRACTICE AND PROCEDURE: Review of a Registrar's decision – amendment of development proposal – vacation of hearing dates – costs.

Samcourt Pty Ltd v Inner West Council [2017] NSWLEC 1691
AMENDED PLANS – whether leave should be granted – whether amendment has resulted in a new development.

Landco (NSW) Pty Ltd v Camden Council [2017] NSWLEC 1694
DEVELOPMENT APPEAL – actual refusal – consolidation of four lots and construction of three, two-storey buildings with three attached dwellings – minimum subdivision lot size – strata subdivision –late application to amend statement of Facts and Contentions refused – urban design – setback – principal private open space –planning principle regarding compatibility.

Apokis v Roads and Maritime Services [2017] NSWLEC 163
RESUMPTION COMPENSATION - original landholding bisected by the Pacific Highway Upgrade Project - RMS acquisition of strip for new highway project - consideration of uses in the before-and-"after" scenario - quarry located at northern end - potential for "bush block" residential use at southern end in before-and-"after" scenario - compensable difference in value arising - compensation for acquired strip determined at $113,000 - potential for quarry continuation in "after" scenario - no effective difference of potential quarry value in the "after" scenario - quarry value compensation of $1,000 awarded RESUMPTION COMPENSATION - RMS excavates substantial volume of material from acquired strip for use for construction of the Pacific Highway Upgrade Project - claim that the RMS should pay royalties to the Applicant for extracted material - RMS acquisition vested RMS with right to all aspects of the acquired land (including quarrying materials in it) - no basis for compensation for royalties - consideration of the future life of the existing quarry results (if royalties were claimable) in a net present value of royalties for the RMS extracted material being zero.

Maas Group Properties No. 5 Pty Limited v Mid - Western Regional Council [2017] NSWLEC 690
MODIFICATION APPLICATION – subdivision - modification of development consent - agreement between the parties – orders.

June Morgan v Lane Cove Council [2017] NSWLEC 1687
DEVELOPMENT APPLICATION – subdivision of land – construction of dwelling house – adequacy of rear setback form E2 conservation land on the site and adjoining foreshore reserve – weight to be given to planning proposal for acquisition of E2 land for a walkway.

Soukkar v Blacktown City Council [2017] NSWLEC 161
APPEAL – appeal against sentence of $40,000 fine for offence of carrying out development in contravention of s 76B of the Environmental Planning and Assessment Act 1979 – relevance of saving of effect of existing consents – relevance of allegedly erroneous planning advice given by council officers – objective seriousness of offence – low overall objective seriousness – subjective circumstances of offender – offender of good character, genuinely remorseful and unlikely to re-offend – whether dismissal of charge under s 10 of the Crimes (Sentencing Procedure) Act 1999 appropriate – appeal upheld.

WY Constructions Pty Ltd v Canterbury – Bankstown Council [2017] NSWLEC 1671
DEVELOPMENT APPEAL: Proposed affordable rental housing – requested variation to height – whether the breach of height and setback controls results in a development that is uncharacteristic in the locality – whether the variation in height creates an unacceptable impact on the adjoining neighbours – whether the vertical level of onsite detention relative to Council's infrastructure is acceptable – amended design – experts agreed.

MPR Properties No 3 Pty Ltd v Tweed Shire Council [2017] NSWLEC 1643
DEVELOPMENT APPEAL – actual refusal of development application for service station and convenience store – landowner's consent for road reserves - flood prone land – sensitive urban design – visual impact – suitability of the site for development – appeal allowed

Nessdee Pty Limited v Orange City Council [2017] NSWLEC 158
APPEAL – heliport – acoustic impacts of helicopter operations – proposal amended to confine helicopter operations and reduce acoustic impacts – amended proposal will comply with accepted numeric noise criteria – whether still unacceptable acoustic impacts on residential amenity and aesthetic values of locality – whether acoustic impacts unacceptable because of availability of alternative site at nearby airport – visual impacts of helicopter operations – whether unacceptable visual impact on aesthetic values of locality – environmental impact statement for designated development of heliport – adequacy of EIS consideration of need and justification for heliport and alternative sites – public interest – whether public interest favours refusal – development consent should be granted on conditions – conditions to be settled.


Citigold Corporation Ltd v Department of Environment and Heritage Protection (No. 6) [2017] QLC 57
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS - Where court made a decision on an appeal as to the amount of financial assurance to be provided by the appellant – where both the appellant and the respondent seek their costs of the appeal – where both the appellant and the respondent seek part of their costs on an indemnity basis.


Proclamations commencing Acts
Waste Avoidance and Resource Recovery Amendment (Container Deposit Scheme) Act 2016 No 57
(2017-644) — published LW 24 November 2017.

Regulations and other miscellaneous instruments
Environmental Planning and Assessment Amendment (Maitland Hospital) Order 2017
(2017-673) — published LW 1 December 2017.
Environmental Planning and Assessment Amendment (Penalty Notices for Parked Trailer Advertisements) Regulation 2017
(2017-664) — published LW 29 November 2017.
Biodiversity Conservation Act 2016 — Final Determination (2017-668) — published LW 1 December 2017.
Biodiversity Conservation Act 2016 — Final Determination (2017-669) — published LW 1 December 2017.
Biodiversity Conservation Act 2016 — Final Determination (2017-670) — published LW 1 December 2017.

Environmental Planning Instruments
Fairfield Local Environmental Plan 2013 (Amendment No 25) (2017-679) — published LW 1 December 2017.
Lane Cove Local Environmental Plan 2009 (Amendment No 22) (2017-682) — published LW 1 December 2017.
State Environmental Planning Policy Amendment (Bella Vista and Kellyville Station Precincts) 2017 (2017-680) — published LW 1 December 2017.
State Environmental Planning Policy No 64—Advertising and Signage (Amendment No 3) (2017-665) — published LW 29 November 2017.
Wollongong Local Environmental Plan 2009 (Amendment No 35) (2017-681) — published LW 1 December 2017.
Natural Resources Access Regulator Act 2017 No 64 — Assented to 30 November 2017.
Building Products (Safety) Act 2017 No 69 — Assented to 30 November 2017.

For the full text of Bills, and details on the passage of Bills, see Bills.

New South Wales

Bills introduced Government
Property, Stock and Business Agents Amendment (Property Industry Reform) Bill 2017

Non-Government – week ending 24 November 2017
Environmental Planning and Assessment Amendment (Waste Incinerator Facilities—Residential Exclusion Zones) Bill 2017
Smoke-free Environment Amendment (E-cigarettes) Bill 2017

Bills revised following amendment in Committee – week ending 24 November 2017
Building Products (Safety) Bill 2017
Natural Resources Access Regulator Bill 2017

Bills passed by both Houses of Parliament – week ending 24 November 2017
Building Products (Safety) Bill 2017
Natural Resources Access Regulator Bill 2017

Bills passed by both Houses of Parliament – week ending 17 November 2017
Environmental Planning and Assessment Amendment Bill 2017
The object of this Bill is to amend the Environmental Planning and Assessment Act 1979 (the principal Act) to implement a range of reforms to improve the environmental planning and assessment system in NSW and to re-organise, revise and simplify the provisions of the principal Act. Date Passed without amdt: 14/11/2017 2017. Awaiting Assent, 15/11/2017.

Proclamations commencing Acts
Waste Avoidance and Resource Recovery Amendment (Container Deposit Scheme) Act 2016 No 57 (2017-644) — published LW 24 November 2017.

Regulations and other miscellaneous instruments
Barangaroo Delivery Authority (Replacement of Map) Proclamation 2017 (2017-645) — published LW 24 November 2017.
Liquor Amendment (Special Licence Conditions) Regulation (No 2) 2017 (2017-646) — published LW 24 November 2017.
Protection of the Environment Operations (General) Amendment (Penalty Notices) Regulation 2017 (2017-647) — published LW 24 November 2017.
Waste Avoidance and Resource Recovery (Container Deposit Scheme) Amendment (Supply and Collection) Regulation 2017 (2017-650) — published LW 24 November 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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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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