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1
Developers beware: amber light approach rejected for NSW planning appeals
There is no requirement to alert applicants seeking development consent to issues with their development applications.
Australia
7 Aug 2019
2
A more transparent approach: Environmental Planning and Assessment Bill 2017 passes NSW Parliament
NSW adopts greater transparency in its planning rules with the passing of the Environmental Planning and Assessment Bill.
Australia
22 Nov 2017
3
Stockpiles of legal risk: what do local governments and regulators need to consider when it comes to environmental hazards?
Unregulated dumping and stockpiling of materials designated for recycling raises numerous regulatory and legal risks.
Australia
27 Aug 2017
4
NSW Supreme Court rules that compulsory acquisition can proceed despite Proposed Acquisition Notices (PAN) not being issued to all owners
It is not necessary for all interested owners of land to receive a PAN in order for the land to be compulsorily acquired.
Australia
3 Aug 2017
5
When is a water treatment plant part of coal seam gas ‘prospecting'?
This decision has provided some clarity around the types of activities that fall under the definition of 'prospecting'.
Australia
28 Sep 2016
6
Biobanking 2.0 – the new government's draft biodiversity conservation laws
If enacted, the Draft Bills would effect sweeping reform to the State's biodiversity conservation laws.
Australia
5 Jun 2016
7
Friends of Tumblebee Incorporated v ATB Morton Pty Limited (No 2) [2016] NSWLEC 16: Endangered species
The court declared that a development consent granted was invalid because a Species Impact Statement was not prepared.
Australia
30 May 2016
8
Is your State development likely to significantly affect threatened species or their habitats? The devil is not in the detail!
The NSW PAC was not required to make definitive findings of fact at the level of particularity alleged by the applicant.
Australia
2 Mar 2016
9
Greater Sydney Commission Bill introduced to NSW Parliament
The Commission will have a role in both strategic planning and development assessment within the Greater Sydney Region.
Australia
23 Nov 2015
10
Stage two of the NSW Integrated Mining Policy released for public comment
The department has released a number of guidelines for public comment, comprising the second stage of the proposed IMP.
Australia
13 Aug 2015
11
Planning proposals under the gateway process: Are community consultation requirements as rigorous as before?
The community consultation regime continues to be applicable to the new LEP making regime under the EPA Act 1979 (NSW).
Australia
18 Jun 2015
12
Exhibition periods for development applications: When can a submission be made and can the submission period be extended?
The court considered the requirements for making a submission for a development application for designated development.
Australia
18 Jun 2015
13
Clarification on the valuation approach to contaminated land
While any contamination is relevant to valuation, its effect and the need for remediation will still be a matter of fact.
Australia
15 May 2015
14
When a detriment is not a punishment - High Court delivers judgment against coal exploration licensees
The case demonstrated that targeted and remediating legislation is not easily challenged on the ground of being punitive.
Australia
12 May 2015
15
Claims in contract and estoppel: The jurisdiction of the NSW Land and Environment Court
In this car park case, the Land and Environment Court determined that it could hear claims in contract and in estoppel.
Australia
13 Apr 2015
16
Fee-simple under the Valuation of Land Act 1916 (NSW): Who (hypothetically) owns the minerals?
Because of the royalty "rebate" provisions, this finding has significant impacts for owners of land subject to mining.
Australia
10 Apr 2015
17
Implications of contamination for the valuation of land in NSW
The NSW Court will need to decide whether the Valuer-General appropriately ignored contamination when valuing the land.
Australia
11 Mar 2015
18
Polluters to pay for air monitoring in Newcastle
The NSW EPA established the Newcastle Local Air Quality Monitoring Network amid community concerns about air pollution.
Australia
5 Mar 2015
19
Pause, reset and recommence: Release of the NSW gas plan and exploration for the onshore gas industry in new South Wales
The NSW Gas Plan sets out the future strategic framework for the coal seam gas (CSG) industry in New South Wales.
Australia
5 Mar 2015
20
New regulations applying to underground petroleum storage systems from 1 September 2014
This article identifies the manner in which the Proposed Regulation affects the management of UPSSs in New South Wales.
Australia
7 Sep 2014
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