In the media
Figures show Australia's carbon emissions continue
to rise despite quarterly drop
Data released by Emissions Reduction Minister Angus Taylor
show an increase of 0.6 per cent in carbon emissions in the year to
March, which he says is due to the growth in Australia's LNG
exports (30 August 2019).
More...
Climate change key in home-buying process
According to REIQ CEO Antonia Mercorella, climate change
has become "the new due diligence", with home buyers
putting this on their agenda alongside the typical building and
pest inspections, utility access and land boundary checks (28
August 2019).
More...
NSW
These Sydney apartments are advertised as 'the sweet
life' – but owners tell a different
story
The owners of a Sydney apartment complex locked out of
their million-dollar apartments because of toxic land concerns look
set to be barred from entering their homes until at least the end
of the year (05 September 2019).
More...
Why heritage protection doesn't always stop the
bulldozers moving in
As the heavy machinery moved in to tear down a period home
more than a century old in Hawthorn, residents could only watch on
powerless and bewildered. So why can a heritage-listed home be
bulldozed to make way for 14 new apartments? (31 August 2019).
More...
Livestock processing company Ridley ordered to pay
$105,000 for environmental breaches
The NSW Land and Environment Court has convicted livestock
processing company Ridley AgriProducts Pty Ltd and penalised it
$105,000 for two breaches of its environment protection licence,
following a successful prosecution by the NSW Environment
Protection Authority. Ridley is a subsidiary of Ridley Corporation
Ltd, an ASX listed company (29 August 2019).
More...
'Unprecedented' condition placed on approval for
$381m 'super-pit' coal mine approval
The United Wambo coal mine in the NSW Hunter Valley gets
the go-ahead, but on the condition that its coal can only be
exported to countries that have ratified the Paris climate
agreement (29 August 2019).
More...
Essential for NSW Planning Minister To 'Clear
Decks' For New Development
A statement by NSW Planning Minister, Rob Stokes, that he
is clearing the decks' to speed up development assessments is
good news says the Urban Taskforce (28 August 2019).
More...
Queensland
'The up-yard': Could rooftop gardens save our
cities from climate change?
Brisbane is forecast to become a difficult place to live
by 2050 and while rooftop gardens could be the ticket to cooling
the urban sprawl, developers say local planning laws are holding
them back (06 September 2019).
More...
Grazier defends burning land in greater glider habitat
as necessary, legal 'fire hazard reduction'
The Federal Government approved woodland clearing on a
Queensland cattle station despite internal advice. Now a
conservation group is alleging the owner has burned the small
section set aside for the greater glider (02 September 2019).
More...
Developer Shayher Group Buys Bulimba Barracks
A 20-hectare riverside development site has been sold by
the federal government to developer Shayher Group in a major
transaction that could see up to 855 new homes on the well-known
inner Brisbane site, the Bulimba Barracks (29 August 2019).
More...
Fraser Island compensation case drags on as
unprecedented expiry of land use nears
The Indigenous owners of Fraser Island, the world's
largest sand island, are frustrated by delays in their claim for
compensation from the Queensland Government (27 August 2019).
More...
In Practice and Courts
AS ISO 14044:2019/Amdt 1:2019
Environmental management – Life cycle assessment
– Requirements and guidelines
Standards Australia
Announcements, Draft Policies and Plans released
2019
NSW
NRC: Final report on Barwon-Darling Water Sharing Plan
review submitted to NSW Government
The Commission has submitted to the Minister for Water its
final report on the review of the Water Sharing Plan for the
Barwon-Darling Unregulated and Alluvial Water Sources 2012 (06
September 2019). More...
NSW Land and Environment Court appointments
4 September 2019: New Land and Environment Court judge
appointed
Ms Duggan SC will be sworn in on 10 September 2019 at 9am in the
Banco Court, Law Courts Building.
4 September 2019: New Acting Commissioner Appointments
The Chief Judge, Justice Brian Preston, announces the appointment
of Mr Philip Clay SC and Ms Maureen Peatman as Acting Commissioners
of the Court for the period commencing 4 September 2019 and
expiring on 3 September 2020.
NSW Fair Trading: Part 6 of the
EP&A Act postponed until 1
December 2019
The Part 6 provisions of the Environmental Planning
and Assessment Act have been postponed and will now start on 1
December 2019. This delay will allow time for the sector to adjust
to the regulatory changes that have been progressing around fire
safety and the Building and Development Certifiers Act
2018 (30 August 2019).
More...
Planning Circular – Commencement of Part 6
(building and subdivision certification provisions)
FAQ – Occupation certificate
FAQ – New mandatory compliance powers for private principal
certifiers
FAQ – New subdivision works certificate
Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Regulation 2000
If you have any queries, please contact the Department of
Planning, Industry and Environment.
More...
EPA updated Contaminated Land Guidelines
consultation
The NSW Environment Protection Authority
(EPA) is seeking feedback on two draft
contaminated land guidelines, one for
consultants reporting on contaminated land and the other for
assessing and managing hazardous ground gases. To view and
submit feedback visit the EPA's
consultation website. Consultation is open until 8 October
2019.
More...
The Low Rise Medium Density Housing Code deferred
The State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008 (Codes SEPP) has been
amended to extend for a further short period, until 31 October
2019. For landowners, pending recommendations of the review,
landowners in deferred council areas will not be able to use the
Code to lodge a complying development application for dual
occupancies, manor houses or terraces until 1 November 2019 (or 1
July 2020 in the City of Ryde) Current LEP Proposals from 26 August
2019.
More...
Queensland
Reef protection laws – keep up to date
The Queensland Government is proposing strengthening
Great Barrier Reef protection laws. If you're a commercial
cane, banana, horticulture, grain or beef cattle grazing producer
operating in Cape York, the Wet Tropics, Burdekin, Mackay
Whitsunday, Fitzroy or Burnett Mary regions, this may affect you.
It also applies to new, expanded or intensified industrial
development with sediment or nutrient releases.
More...
DES Prosecution bulletins
A selection of the department's enforcement actions
are summarised in prosecution bulletins outlining the facts and
outcomes of finalised prosecutions (27 August 2019).
More...
BCC: Draft design guide - low-to-medium density
housing
The draft New World City design guide – Subtropical
homes for a Brisbane lifestyle will provide advice and support to
encourage quality design of townhouses and apartments up to five
storeys. Consultation has now commenced and will close on 13
September 2019.
More...
BCC: Design strategy for Brisbane
Design-led City – a design strategy for Brisbane
intends to outline a vision for design quality across
Brisbane's built environment. The consultation document sets
out the draft priorities and design values to guide design outcomes
for all development and infrastructure projects, and identifies
potential actions to support, regulate, reward and implement
quality design in Brisbane. Consultation will close on 13 September
2019.
More...
PCA: Queensland planning policy update
A number of local and state government related planning
decisions impacting the property sector have been released.
New Model Code for Neighbourhood Design
Queensland Government has released a new model code for
neighbourhood design, and is proposing to make parts of the code
mandatory. The Queensland Government is seeking feedback on what
parts of the code to make mandatory with consultation closing on 1
September 2019.
More...
Cases
NSW
Furia Pty Ltd v Sutherland Shire Council
[2019] NSWLEC 1409
APPEAL – child care centre – modification
of consent granted by the Court – increase in number of
children – reliance on on-street parking – whether
on-street parking causes adverse amenity impacts to neighbouring
residents
Greenfields Development Company No. 2 Pty Ltd v Camden
Council [2019] NSWLEC 1412
DEVELOPMENT APPLICATION – application for
subdivision and dedication of public roads – including
stratum subdivision – precedent – public interest
Creative Drafting Services v City of Parramatta
Council [2019] NSWLEC 1413
DEVELOPMENT APPLICATION – Child care centre
– location on main road and busy intersection – risks
to children's health – air quality impacts –
dispute on risk assessment acceptability – acoustic impacts
– use of simulated outdoor play areas in lieu of outdoor play
areas – Regulatory Authority refuses concurrence –
Infrastructure SEPP tests to be met – compatibility with
surrounding industrial development – evacuation
considerations – disputed conditions of consent
Madss Properties No 2 Pty Ltd ATF Newtown Property
Trust (No 2) v Blacktown City Council [2019]
NSWLEC 126
APPEAL – refusal of application for approval of
boarding house pursuant to State Environmental Planning Policy
(Affordable Rental Housing) 2009 (the SEPP) – issue of
whether manager's private open space complied with the SEPP
–Commissioner held that the SEPP mandated refusal for
non-compliance – ground of appeal that the Commissioner
misconstrued the obligation under the SEPP – Council concedes
ground made out – ground is made out – Commissioner
also refused the proposed development on the basis that it did not
demonstrate design excellence as required by cl 7.7(3) of the
Blacktown Local Environmental Plan 2015 –two grounds of
appeal asserted that Commissioner failed to give reasons for
conclusion concerning design excellence – Council concedes
grounds made out – grounds are made out – complaint
that Commissioner denied the applicant procedural fairness
concerning both manager's private open space and design
excellence –Council concedes ground made out –ground is
made out – application for an exclusionary remitter on the
basis the Commissioner would not bring an open mind to the matters
of the manager's private open space and design excellence
–no basis to complain that the Commissioner could not bring
an open mind to the issue of the manager's private open space
–reasonable apprehension to conclude that the Commissioner
would not bring an open mind to the issue of design excellence
–appeal upheld – exclusionary remitter ordered. COSTS
– costs ordinarily follow the event in s 56A appeals –
Appellant entitled to its costs – application by the Council
for a certificate pursuant to s 6(1AA) of the Suitors' Fund
Act 1951 on the basis that the Council did not cause or
contribute to the errors forming the basis for the successful
appeal – appropriate to order that the Council have a
certificate if otherwise entitled
Cornish v Secretary, Department of Planning, Industry
and Environment [2019] NSWSC 1134
ADMINISTRATIVE LAW – review of decision of Civil
and Administrative Tribunal (NCAT) – disciplinary action
against local councillor for breaches of Code of Conduct –
validity of statutory powers of Council – validity of
referral to NCAT – jurisdictional error in disciplining for
breach of invalid provision of Code – jurisdiction to inquire
into underlying conduct LOCAL GOVERNMENT – powers of local
council to discipline councillor – power to censure conferred
by statute – validity of further powers contained in Code
made under Regulation – whether additional powers consistent
with scheme of legislation – Council required councillor to
acknowledge breach, apologise, undertake not to repeat conduct and
undertake training – councillor referred to Chief Executive
for failing to comply – matter referred to NCAT for
consideration – powers of NCAT STATUTORY INTERPRETATION
– conferral of limited power to take disciplinary action
– further powers conferred by code made under regulation
– whether code consistent with scheme of legislation
Visy International Pty Ltd v Hornsby Shire
Council [2019] NSWLEC 1404
DEVELOPMENT APPLICATION – child care facility
for 60 children – impact of the proposed development on the
setting of heritage items adjoining and in the vicinity of the
site
Universal Property Group Pty Ltd v Blacktown City
Council [2019] NSWLEC 1405
DEVELOPMENT APPLICATION – Residential
subdivision – variation to lot size control sought –
whether compliance with the control is unreasonable or unnecessary
– sufficiency of environmental planning grounds to justify
variation – appeal dismissed
Statewide Planning Pty Ltd v Blacktown City
Council [2019] NSWLEC 1397
DEVELOPMENT APPLICATION – Torrens title
subdivision – development of residences and road –
Cumberland Plain Woodland – impacts on Critically Endangered
Ecological Community – cumulative impact – Conservation
Management Plan – adequacy of amelioration – whether
jurisdictional precondition is met
O'Brien v Woollahra Municipal Council
[2019] NSWLEC 1402
DEVELOPMENT APPEAL – Paddington Heritage
conservation area – heritage conservation – desired
future character – rear wing addition – Woollahra
development control plan
Touma v Randwick City Council
[2019] NSWLEC 1395
DEVELOPMENT APPEAL – interim heritage order
– assessing heritage significance – Edgecumbe
Estate
95 Regent Street Kogarah Pty Ltd v Georges River
Council (No 2) [2019] NSWLEC 1390
PROCEDURE – Notice of Motion – Uniform
Civil Procedure Rules – Rule 36.17
Chief Executive, Office of Environment and Heritage v
Anthony Guy Murphy [2019] NSWLEC 120
ENVIRONMENTAL OFFENCE – sentence – offence
under s 12 of the Native Vegetation Act 2003 (NSW) –
native vegetation cleared from 528 hectares of land otherwise than
in accordance with a development consent or a property vegetation
plan – offence within middle range of objective seriousness
– plea of guilty – determination of appropriate
penalty
Elanor Investors Limited v Sydney Zoo Pty
Ltd (No 2) [2019] NSWLEC 121
PRACTICE AND PROCEDURE – review of
Registrar's decision not to set aside a notice to produce
PRACTICE AND PROCEDURE – review of Registrar's decision
not to set aside a subpoena to produce
Environment Protection Authority v Grafil Pty Ltd;
Environment Protection Authority v Mackenzie
(No 2) [2019] NSWCCA 202
COSTS – questions of law submitted under
Criminal Appeal Act s 5AE during summary proceedings in
Land and Environment Court – successful appellant sought
costs of s 5AE proceedings – costs ordered to successful
appellant
Queensland
Brassgrove KB Pty Ltd v Brisbane City Council
[2019] QPEC 42
PLANNING AND ENVIRONMENT – ORIGINATING
APPLICATION – DECLARATORY PROCEEDING – where the
Applicant's development approval for demolition of a pre-1947
house had lapsed – where the Applicant failed to make an
application to extend the development application before the lapse
– where the code with respect to demolition in the planning
scheme had been materially amended since the approval was given
– whether the court should excuse the failure to make an
extension application – whether the court should order the
demolition approval to be taken to be effective – Acts
Interpretation Act 1954 Qld s 49A; Planning Act 2016
Qld s 86, s 87; Planning and Environment Court Act 2016
Qld s 7, s 11, s 37
Legislation
Regulation
04/09/2019 – This instrument amends the list of threatened
ecological communities to include in the critically endangered
category the Illawarra–Shoalhaven Subtropical Rainforest of
the Sydney Basin Bioregion and the Robertson Rainforest in the
Sydney Basin Bioregion.
Act Compilation
Environment Protection (Sea Dumping) Act 1981
30/08/2019 – Act No. 101 of 1981 as amended
NSW
Regulations and other miscellaneous instruments
Environmental Planning and Assessment Amendment (Building and Subdivision Certification) Regulation 2019 (2019-426) – published LW 30 August 2019
Environmental Planning and Assessment Amendment (Project EnergyConnect (SA to NSW Electricity Interconnector)) Order 2019 (2019-439) – published LW 30 August 2019
Environmental Planning Instruments
State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) Amendment 2019 (2019-438) – published LW 30 August 2019
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.