In the media
'Missed opportunity': Australia to fall short of
Sustainable Development Goals by 2030
Rapid progress for Australia on the UN's Sustainable
Development Goals is possible and could deliver a fairer, greener,
more prosperous nation in 2030 – if managed properly –
new UNSW research has found (12 November 2019).
More...
Emergency, emergency: What are we waiting for
There are way too many similarities between California and
Australia when it comes to fire risk. In the US, more than 12.7
million homes were built in the high-risk wild lands-urban
interface in the 20 years to 2010. In 2011, Australia had 3.3
million people in similar outer metropolitan fringe areas –
by 2021, that will rise to about 4.5 million people (12 November
2019).
More...
No Australian city has a long-term vision for living
sustainably. We can't go on like this
International and internal migration trends have driven
rapid growth in the big cities. This has created major problems
with providing adequate housing, infrastructure and services. The
fundamental issue is the reluctance of urban communities and their
leaders to discuss what might be sustainable populations (05
November 2019).
More...
Defence faces new class action over chemical
contamination
Another class action will soon be launched against the
Department of Defence over synthetic chemicals that leaked from
military sites into surrounding areas, including residential
properties (04 November 2019).
More...
Attorney-General sees 'clear need' for class
action reform
Federal Attorney-General Christian Porter says there is a
clear need for reform on class actions and he is "actively
engaging" over issues raised by a Government inquiry earlier
this year (04 November 2019).
More...
NSW
'Locked up and forgotten': Farmers taking fire
management into their own hands
Desperate farmers are doing their own controlled burns to
protect property, prompting the Shooters, Fishers and Farmers to
draft a bill to give them more control over protecting their land
(16 November 2019).
More...
Winning Solar Powers Australia's biggest wholesale
market
The 43-hectare site in Flemington houses Australia's
largest private sector rooftop solar set up, with an expansive 8594
solar panels capable of generating more than 3 MW of electricity.
The $8.9 million investment means that solar now provides 11 per
cent of Sydney Markets' annual power consumption (15 November
2019).
More...
NSW Planning Minister rejects claims of mining lobby
influence as bill delayed
NSW Planning Minister Rob Stokes says he did not cave to
demands from the powerful mining lobby, as a controversial bill
dealing with greenhouse gas emissions was delayed until next year
(12 November 2019).
More...
Lendlease Wins Approval for Barangaroo Tower
Plans for Lendlease's 30-storey residential and retail
development at Sydney's Barangaroo has received the green light
from New South Wales Independent Planning Commission (10 October
2019).
More...
Urban Taskforce Supports A Review Of The Independent
Planning Commission
The Urban Taskforce supports the recent announcement by
the Planning Minister Rob Stokes, to review the Independent
Planning Commission after a series of unfortunate blunders by the
organisation.The conflict of interest policy regarding
Commissioners eliminates many potential commissioners with a strong
knowledge of property development (10 October 2019).
More...
Planning Minister Rob Stokes blames Baby Boomers for
NIMBYs blocking growth
We actually are fighting against a great weight of
cultural development over the last 40 or 50 years, Mr Stokes said
(10 November 2019).
More...
Company behind Opal Tower fiasco caught up in new
building defect row
Residents of yet another Sydney apartment block have been
rocked by alarming safety fears — this time allegedly
involving their balconies. The warning comes after an investigation
allegedly revealed the block's balustrades were
"structurally defective" and of "inadequate
strength" (09 October 2019).
More...
Political donations hidden from NSW planning authorities
by big corporations
Some of Australia's biggest corporations have hidden
political donations from planning authorities, which is a criminal
offence in New South Wales (07 October 2019).
More...
Reforms to reduce illegal asbestos dumping
The NSW Government is working to remove the
levy on asbestos waste to make it easier and cheaper for the
community to lawfully dispose of asbestos waste (05 November 2019).
More...
Developer Fined for Illegal Works to Heritage-Listed
Building
A Sydney developer has been fined $55,000 for illegally
demolishing parts of a heritage-listed former sports club building
in the CBD (04 October 2019).
More...
Queensland
Fine minds to advise on mine rehabilitation
Ten of Queensland's leading resource, environmental
and academic experts will join forces to advise the Palaszczuk
Government on the allocation of funds to rehabilitate failed
resource sites (14 November 2019).
More...
Queensland Airbnb hosts warned hundreds could be
operating outside the law
Hundreds of Airbnb rentals could be operating unlawfully
in Queensland due to little-known laws which require hosts to get
planning approval (07 November 2019).
More...
In practice and courts
The second independent review of the EPBC Act commenced
on 29 October 2019
The review will be led by Professor Graeme Samuel AC,
supported by a panel of experts. A report will be presented to the
Minister for the Environment within 12 months of commencement of
the review (28 October 2019). More...
Reef protection Bill passed by Parliament
The
Environment Protection (Great Barrier Reef Protection Measures) and
Other Legislation Amendment Bill 2019 was passed on 19
September 2019 with the new Reef protection regulations proposed to
come into effect on1 December 2019and rolled out
over the next three years.
Learn more about the new Reef regulations including the
draft standards for agriculture and what it means for new,
expanded or intensified industrial activities with sediment or
nutrient releases, and find out about the support and new funding
available.
Announcements, Draft Policies and Plans released 2019
NSW
Building standards and building quality in NSW
While there is still much more to do to rebuild community
confidence in building standards and building quality in NSW, I am
pleased to report that Public Accountability Committee's first
report,
Regulation of building standards, building quality and building
disputes, was tabled in the
Legislative Council this week. It corresponds with Parliamentary
debate about the
Design and Building Practitioners Bill - an important piece of
legislation that seeks to address accountability issues in the
building and construction sector (14 November 2019).
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.
More...
State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008 deferred
The Low Rise Medium Density Housing Code
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).
More...
Queensland
Reef protection Bill passed by Parliament
The
Environment Protection (Great Barrier Reef Protection Measures) and
Other Legislation Amendment Bill 2019 was passed on 19
September 2019 with the new Reef protection regulations proposed to
come into effect on1 December 2019and rolled out
over the next three years.
Learn more about the new Reef regulations including the
draft standards for agriculture and what it means for new,
expanded or intensified industrial activities with sediment or
nutrient releases, and find out about the support and new funding
available.
North Queensland Regional Plan
The
draft NQ Regional Plan is a 25 year strategic, statutory
planning document for the local government areas of Burdekin,
Charter Towers, Hinchinbrook, Palm Island and Townsville.
Consultation on the draft document closes on 22 November 2019. More...
Prosecution Bulletins
A selection of the department's enforcement actions
are summarised in prosecution bulletins outlining the facts and
outcomes of finalised prosecutions (November 2019).
More...
Cases
NSW
Cittrus Pty Ltd v Inner West Council
[2019] NSWLEC 1558
DEVELOPMENT APPLICATION – roof signage –
Parramatta Road transport corridor – desired future character
– State Environmental Planning Policy No 64 –
Advertising and Signage – height standard
CVC Capital Pty Ltd v Council of the City of
Sydney [2019] NSWLEC 1554
DEVELOPMENT APPLICATION – alterations and
additions to an existing building listed as a local heritage item
– change of use of the first floor to retail – impact
on the heritage significance of the heritage item.
RD Miller Pty Ltd v Roads and Maritime Services
NSW (No. 2) [2019] NSWLEC 173
ENVIRONMENT AND PLANNING – Land and Environment
Court – Jurisdiction and powers – procedure –
Civil Procedure Act s 64 – amendment to points of claim
– Roads Act 1993
Stokes v Waverley Council (No 2)
[2019] NSWLEC 174
APPEAL – appeal against a Commissioner's
judgment on questions of law – whether Commissioner erred in
finding that she did not have jurisdiction to grant consent to the
development application – whether Commissioner erred in
finding that the consent of the owner of adjoining land was
required pursuant to cl 49 of the Environmental Planning and
Assessment Regulation 2000 (NSW) – whether Commissioner erred
in finding that the location of existing piles used for structural
stability raised an issue of jurisdiction – whether the
Commissioner erred in finding that jurisdiction to determine the
appeal was only provided if the piles were structurally isolated
from the proposed development – whether Commissioner erred in
dismissing the appeal without giving the parties an opportunity to
make submissions as to whether the consent of the owner of
adjoining land was required and whether she had jurisdiction to
grant consent to the development application – appeal
upheld
Gurr v Waverley Council [2019]
NSWLEC 1548
DEVELOPMENT APPEAL – modification of consent
– exceedance of height – privacy impacts – view
loss
Beaini Projects Pty Ltd v Cumberland
Council [2019] NSWLEC 1547
MODIFICATION APPLICATION – developer
contributions – conditions require public road to be
constructed over land dedicated as a laneway – agreed
material public benefit – whether there is power to amend the
contribution – basis for reducing contribution
Sleiman v Central Coast Council
[2019] NSWLEC 1549
DEVELOPMENT APPLICATION – multi-dwelling
development – flood risk – reliance on evacuation plan
with safe egress - tree protection plan – absence of root
mapping – character and streetscape consistency
Doyle v North Sydney Council
[2019] NSWLEC 1545
DEVELOPMENT APPLICATION – masonry wall and new
fence – consent orders – character – amenity
– heritage conservation area – works wholly on
applicants land
Syncept Chatham Pty Ltd v City of Ryde
Council [2019] NSWLEC 170
LAND AND ENVIRONMENT COURT – Jurisdiction and
Powers – Class 4 – Heritage Act – Interim
Heritage Order – statutory authorisation – local
council – statutory construction – conditions of
minister's authority under Heritage Act – discretionary
powers – invalidity
Natural Resources Access Regulator v Budvalt Pty Ltd;
Harris; Harris; Timmins [2019] NSWLEC
169
ENVIRONMENT AND PLANNING - Land and Environment Court
- jurisdiction and powers - Class 5 - Criminal Procedure Act 1986
(NSW) s 29 - discretionary powers - joint trial - the meaning of
'series of offences'
Wise v Hickey [2019] NSWLEC
1524
TREES (DISPUTES BETWEEN NEIGHBOURS) – high
hedges – view obstruction
Chan v City of Canada Bay Council
[2019] NSWLEC 1530
DEVELOPMENT APPLICATION – boarding house –
whether the proposal is compatible with the character of the local
area – the proposal does not meet the parking standard
– overshadowing of adjoining property – impact on views
across the site – amenity of boarding rooms – vicinity
of heritage conservation areas and impact on setting –
management of tandem car parking
Queensland
Traspunt No 4 Pty Ltd v Moreton Bay Regional
Council [2019] QCA 253
APPEAL AND NEW TRIAL – PROCEDURE –
QUEENSLAND – POWERS OF COURT – COSTS – where an
applicant for a development permit (Traspunt) and the relevant
council each applied for leave to appeal against a judgment of the
Planning and Environment Court – where the council succeeded
in its challenge to that judgment – where Traspunt failed in
its challenge, for reasons consistent with the council's
arguments – where Traspunt submits that the council did not
succeed in the appeal entirely, in the sense that it retreated from
a position opposing the development application entirely, to one
opposing a significant part of it – where, despite that
retreat, the council's legal arguments remained relevant and
the council sought that the limited work be permitted pursuant to
an order in terms different to those made by the Planning and
Environment Court – whether the council in substance
succeeded entirely – whether there are sufficient reasons to
depart from the usual rule that costs should follow from the
event
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND –
POWERS OF COURT – COSTS – where a planning and
environment applicant (Traspunt) and the relevant council each
applied for leave to appeal against a judgment of the Planning and
Environment Court – where the council succeeded in its
challenge to that judgment – where Traspunt failed in its
challenge, for reasons consistent with the council's arguments
– where Traspunt submits that each party should bear its own
costs as the applications to the Court of Appeal raised and
resolved significant issues relating to the interrelationship of
planning and environment statutes and instruments – where the
applications did raise questions of importance beyond the present
proceeding – where Traspunt was not litigating in the public
interest but was doing so for its own commercial purposes –
whether there are sufficient reasons to depart from the usual rule
that costs should follow from the event
Bunnings Group Limited v Sunshine Coast Regional Council
& Ors [2019] QCA 252
ENVIRONMENT AND PLANNING – ENVIRONMENTAL
PLANNING – PLANNING SCHEMES AND INSTRUMENTS –
QUEENSLAND – OTHER MATTERS – where the applicant sought
two alternative development permits for a material change of use to
establish a Bunnings Warehouse at Coolum – where the relevant
council refused to issue either permit and the Planning and
Environment Court dismissed appeals against those refusals –
where the applicant seeks leave to appeal against the decision of
the Planning & Environment Court – whether the judge
misconstrued the relevant planning scheme – whether the judge
placed undue reliance upon a previous decision of the Court of
Appeal that dismissed a similar application – whether the
judge failed to give adequate reasons – whether any error of
law consequential to the outcome of the judge's decision is
demonstrated
HPC Urban Design & Planning Pty Ltd & Anor v
Ipswich City Council & Ors [2019] QPEC
56
PLANNING AND ENVIRONMENT – APPEAL – where
existing use of land for the disposal of non-putrescible waste in a
former mining void – where appeal against refusal of a
development application seeking approval to materially increase the
scale and intensity of the existing use – whether proposed
increase in scale and intensity will compromise the rehabilitation
and future use of the land – whether the increase in scale
and intensity will have an unacceptable visual amenity impact
– whether the increase in scale and intensity complies with
the respondent's planning scheme – whether there is a
planning, community and economic need for the proposed increase in
scale and intensity – weight to be given to Temporary Local
Planning Instrument No. 1 of 2018 (Waste Activity Regulation)
– whether the development application should be approved or
refused in the exercise of the planning discretion.Planning Act
2016 Qld s3, s4, s5, s25, s45, s60; Planning Regulation 2017 Qld
s30; Planning & Environment Court Act 2016 Qld s43, s45
Sunshine Coast Regional Council v D Agostini Property Pty
Ltd & Ors [2019] QPEC 52
PLANNING AND ENVIRONMENT – APPLICATION –
PRELIMINARY POINT – PROPER CONSTRUCTION OF DEVELOPMENT
APPROVAL – where a decision notice gave approval for the
construction of a multi-level resort – where approval was to
"establish a Hotel/Motel (102) suites, Function Rooms,
Restaurant and Multiple Dwelling (62 units)" – dispute
about use of particular allotments – whether some allotments
can only be used for temporary accommodation – meaning of
approval – meaning of "temporary accommodation"
Legislation
NSW
Bills introduced Non-Government
Independent Commission Against Corruption Amendment (Ministerial
Code of Conduct—Property Developers) Bill 2019
Bills revised following amendment in Committee
Design and Building Practitioners Bill 2019
Fines Amendment Bill 2019
Right to Farm Bill 2019
Water Supply (Critical Needs) Bill 2019
Bills passed by both Houses of Parliament
Electoral Funding Amendment (Local Government Expenditure Caps)
Bill 2019
Fines Amendment Bill 2019
Right to Farm Bill 2019
Water Supply (Critical Needs) Bill 2019
Regulations and other miscellaneous instruments
Biodiversity
Conservation Act 2016 — Final Determination (2019-543)
— published LW 15 November 2019
Environmental
Planning and Assessment Amendment (Central Coast Council Local
Planning Panel) Regulation 2019 (2019-544) — published LW
15 November 2019
State
Emergency and Rescue Management Act 1989 — Order declaring
state of emergency in relation to bushfires (2019-540) —
published LW 11 November 2019
State
Emergency and Rescue Management Act 1989 — Order regarding
volunteers taking part in emergency operations (2019-541)
— published LW 11 November 2019
Forestry
Amendment (Transitional Arrangements) Regulation 2019
(2019-498) — published LW 11 October 2019
Dams
Safety Amendment (Prescribed Dams) Proclamation 2019 (2019-489)
— published LW 4 October 2019
Queensland
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.
