In the media
Long-awaited industrial manslaughter legislation to
protect workers to be introduced in NSW
Advocates who have lost loved ones to industrial
manslaughter await legislation changes to address "gross
negligence". NSW is the only mainland state without an
industrial manslaughter offence, which the Labor government
previously promised to rectify. The legislation will allow an
individual or business to be held responsible for a workplace death
due to "gross negligence" (4 June 2024). Read more here.
In-person requirements blocking elderly and severely
disabled from receiving photo IDs from Service NSW
People are unable to leave their house cannot obtain a
photo ID because Service NSW requires an in-person visit. Transport
for NSW says the requirement is necessary to prevent incidents of
identity fraud. Service New South Wales has refused to budge on
this requirement, despite pleas for an alternative option for
elderly people or those with severe physical impairments (27 May
2024). Read more here.
NSW leads Australia in First Nations expenditure
reporting
NSW continues to lead the nation as the only state or
territory to regularly report on First Nations expenditure, with
the release of the 2023 to 2024 NSW Indigenous Expenditure Report
(IER) today. The report comes as the NSW Government makes progress
on developing a First Nations budget model, designed to provide a
holistic, First Nations-led approach to the process, assessment,
evidence and reporting for funding and investment decisions
impacting First Nations communities (3 June 2024). Read more here.
Setting a vision for a bright future for emergency
volunteers
Spontaneous volunteers who turn up to help in times of
crisis will be better trained, equipped and coordinated through a
new $5 million grants program funding councils,
non-government-organisations and community groups to prepare for
future natural disasters. The Spontaneous Volunteer Support (SVS)
Program is designed to ensure that in situations where people
decide to spontaneously or informally help during emergencies,
organisations are better placed to coordinate this support to
complement trained volunteers and emergency service efforts (1 June
2024). Read more here.
NSW powers ahead with biggest energy storage
tender
NSW has opened the largest energy storage tender in NSW
history, seeking new long-duration storage projects to boost
electricity reliability and keep the lights on in NSW. These
projects will help ensure a steady and reliable supply of energy
around the clock. They will play a significant role in the NSW
Government's transition to renewable energy, which will deliver
reliable and affordable power to households and businesses at the
same time as driving down emissions to meet our net zero targets
(31 May 2024). Read more here.
$207.6 million hydrogen hub given green light in
Hunter
In a major step for the state's renewables sector, the
NSW Government has given planning approval to a $207.6 million
hydrogen hub in the Hunter. The State Significant Development at
Kooragang Island led by Origin Future Fuels is expected to begin
construction in mid-2025. The hub will initially deliver
approximately 55 megawatts of electrolyser capacity by 2026, with
an aim to scale up to over 1 gigawatt of capacity over the next
decade (31 May 2024). Read more here.
Breeding technology breakthrough to revolutionise
cropping
The NSW Government today announced new crop breeding
technology, which promises to revolutionise crop protection and
yield enhancements, has been developed by scientists from NSW
Department of Primary Industries (DPI). The innovative new approach
enables scientists to pin-point plant defence mechanisms and select
superior resistance combinations against pathogens. This will
result in the development of crop varieties that are resistance to
fungal diseases and deliver higher yields (29 May 2024). Read more
here.
NSW unveils plan to support wine exporters
The NSW Government has unveiled a plan to boost wine
exports and create new jobs and opportunities for people in NSW.
From July Investment NSW will kick off a targeted 12 month program
of initiatives to bring international buyers to NSW and make it
easier for local wine makers to take their products to markets
around the world. The program will be available to producers of
NSW's $420 million wine exports looking to re-enter the newly
reopened Chinese market but will also support exporters in key
emerging markets including India, Japan and Vietnam (29 May 2024).
Read more here.
Support for coal-producing communities to be overhauled
with new Future Jobs and Investment Authorities
The NSW Labor Government is today launching the proposed
model for the Future Jobs and Investment Authorities, an important
framework which will support workers and communities for a future
beyond coal mining. Led by the Future Jobs and Investment Advocate,
it will play a central role in government to support the Hunter,
Illawarra, Central West and Northwest as coal mines and coal-fired
power stations close in the coming decades (28 May 2024). Read more
here.
Publications
Review of the NSW waste levy
The NSW Government is reviewing the waste levy – our
primary instrument to divert waste from landfill and promote
resource recovery – to determine how it can drive greater
recycling in NSW. Read the Issues Paper here.
Draft Submission Local Government NSW – Emergency
Services Levy
Local Government NSW (LGNSW) is the peak body for local
government in NSW, representing NSW general purpose councils and
related entities. LGNSW facilitates the development of an effective
community-based system of local government in the State. LGNSW has
provided a response to each of the 8 questions raised in the
Treasury Consultation Paper – reforming the emergency
services funding system (22 May 2024). Read the draft submission here.
NSW Suicide Monitoring System Report – Data to
March 2024
The NSW Suicide Monitoring and Data Management System is a
collaboration between the NSW Ministry of Health, Department of
Communities and Justice, the State Coroner and NSW Police. It
estimates the number of recent suspected and confirmed suicides in
NSW, using data collected by NSW Police and the State Coroner (28
May 2024). Access the report here.
Practice and Courts
FOGO mandates
We are seeking feedback on the Food and Garden Organics
Mandates Proposal paper. It outlines proposals for three new
mandates including the collection of source-separated food and
garden organics waste for households and businesses and reporting
on food donations by supermarkets. Read the proposal paper here. Access the survey.
Draft Climate Change Assessment Requirements and
Guide
We are seeking feedback on our new draft Climate Change
Assessment Requirements and draft Greenhouse Gas Assessment Guide
for Large Emitters. Read more and access the survey here.
NSW waste levy review
We are seeking your feedback on the operation of the NSW
waste levy, our primary instrument for reducing waste to landfill
and promoting resource recovery. Access the survey here.
Cases
Secretary, Department of Planning and
Environment v Khouzame [2024] NSWLEC 54
OFFENCES AND PENALTIES – sentence – clearing of native
vegetation in rural area without approval – objective
seriousness of offence – clearing premediated and planned
– negligent in first tranche of clearing and reckless in
second tranche of clearing – failure to comply with
Development Control Order, Stop Work Order and Remediation Order
– substantial environmental harm caused – foreseeable
risk of environmental harm – practical measures to prevent
risk of harm – full control over cause of offence –
medium objective seriousness near lower end of mid-range of
seriousness – subjective circumstances – no prior
convictions – prior good character – unlikely to
reoffend – limited remorse demonstrated – early guilty
plea – Local Court's jurisdictional limit for a fine
disproportionate to objective seriousness of offence committed
– limited financial information on means to pay disclosed
– fine and costs order.
Biodiversity Conservation Act 2016 (NSW), ss 1.5, 1.6, 11.3, Pt 8;
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 10, 21A, 22;
Criminal Procedure Act 1986 (NSW), ss 257B, 257G; Environment
Protection and Biodiversity Conservation Act 1999 (Cth);
Environmental Planning and Assessment Act 1979 (NSW); Fines Act
1996 (NSW), ss 6, 122; Local Land Services Act 2013 (NSW), ss 3,
60C, 60D, 60E, 60G, 60H, 60N, 60D, 60I, 60O, 60Q, 60S, 60ZE, 60ZF,
60ZF, 60ZW, 60ZZA, Sch 5A, Div 4; Native Vegetation Act 2003 (NSW);
Protection of the Environment Administration Act 1991 (NSW), s
6.
Vogel v Secretary, Department of
Education [2024] NSWCATAD 142
ADMINISTRATIVE LAW – administrative review – Government
Information – conclusive presumption of an overriding public
interest consideration against disclosure – Cabinet
information – document – PowerPoint slide pack –
dominant purpose of document – document that reveals or tends
to reveal the position a Minister has taken, is taking, will take,
is considering taking or has been recommended to take on a matter
in Cabinet – reasonable grounds.
Administrative Decisions Review Act 1997 (NSW); Civil and
Administrative Tribunal Act 2013 (NSW); Evidence Act 1995 (NSW);
Government Information (Public Access) Act 2009 (NSW); Government
Sector Employment Act 2013 (NSW); Interpretation Act 1987
(NSW).
VC v Secretary, Department of Communities and
Justice & Ors (No.2) [2024] NSWDC 192
CHILD WELFARE – care and protection – whether realistic
possibility of restoration of care of Child to mother or father
– whether all aspects of parental responsibility should be
allocated to mother or father – appropriateness of permanency
planning – assessment of care plan.
STATUTORY INTEPRETATION – relevance of human rights of parent
or child under international conventions to interpretation and
application of Children and Young Persons (Care and Protection) Act
1998 (NSW).
COURTS AND JUDGES – complaints by one parent of racial
discrimination and structural racism of persons within child
protection 'system' alleged to affect decisions adverse to
one parent – subsisting complaints to the Australian Human
Rights Commission – jurisdiction of this Court to determine
such complaints.
CIVIL PROCEDURE – reasons for orders in interlocutory
applications – application during hearing for
'removal' of the legal practitioner acting as the
'Independent Legal Representative' – application for
adjournment of closing oral submissions to enable service of
additional written submissions – application for
'Mistrial'.
Anti-Discrimination Act 1977 (NSW); Australian Human Rights
Commission Act 1986 (Cth); Children and Young Persons (Care and
Protection) Act 1998 (NSW), s 8, 9(1), 9(2), 10A, 71(1), 72(1),
72(2), 73(1), 73(7), 78(1), 78(2), 78(2A), 78A(1), 78A(3),
79(1),79(3), 80, 82, 83(1), 83(5), 83(7), 83(7A), 83(8A),
91(1)-(8), 93(3), 93(4); Children and Young Persons (Care and
Protection) Amendment (Family is Culture) Act 2022; Civil Procedure
Act 2005 (NSW), ss 56-60; Convention on the Rights of the Child
[1991] ATS 4; Crimes (Domestic and Personal Violence) Act 2007
(NSW), ss 4, 6A, 9, 11; Evidence Act 1995 (NSW), s 79, 128, 140(2);
International Convention on the Elimination of All Forms of Racial
Discrimination [1975] ATS 40; Interpretation Act 1987 (NSW), s 34;
Racial Discrimination Act 1975 (Cth), ss 9-11; Sex Discrimination
Act 1984 (Cth).
McHatton v Sydney of City Council [2024]
NSWCATAD 149
EQUAL OPPORTUNITY – leave to proceed – principles
applying to grant of leave – discrimination on the basis of
marital and domestic status – victimisation.
Anti-Discrimination Act 1977 (NSW).
Phillips v NSW Department of Communities and
Justice [2024] NSWCATAD 143
ANTI-DISCRIMINATION – disability discrimination – where
deaf and speech impaired person claimed to have been subjected to
direct or indirect discrimination by the Respondent Public Housing
agencies by refusal to provide an Auslan interpreter or adopt his
preferred communication method.
ANTI-DISCRIMINATION – victimisation – where deaf and
speech impaired person claimed to have been victimised by being
subjected to detriment by the Respondent Public Housing agencies by
a refusal to provide an Auslan interpreter or adopt his preferred
communication method after he described them as surdophobic and
incompetent in their dealings with him.
Anti-Discrimination Act 1977 (NSW); Disability Inclusion Act 2014
(NSW).
Environment Protection Authority v Pullinger
(No 2) [2024] NSWLEC 51
ENVIRONMENT AND PLANNING – offences – prosecutions
– defendant charged under s 91(5) of the Protection of the
Environment Operations Act 1997 (NSW) – validity of direction
7 of the varied clean-up notice – whether there was a
connection between direction 7 and the pollution incident the
subject of the varied clean-up notice – whether the
prosecutor held reasonable suspicion of pollution incident –
whether the prosecutor was the appropriate regulatory authority
– construction of ss 212C and 212D of the Protection of the
Environment Operations Act 1997 (NSW) – failure to comply
with direction 7 of clean-up notice – defence of reasonable
excuse.
ENVIRONMENT AND PLANNING – offences – prosecutions
– defendant charged under s 91(5) of the Protection of the
Environment Operations Act 1997 (NSW) – failure to comply
with direction 10 of varied clean-up notice – defence of
reasonable excuse.
ENVIRONMENT AND PLANNING – offences – prosecutions
– defendant charged under s 102 of the Protection of the
Environment Operations Act 1997 (NSW) – whether the giving of
the prohibition notice was warranted under s 101(1)(a) of the
Protection of the Environment Operations Act 1997 (NSW) –
construction of ss 101 and 102 of the Protection of the Environment
Operations Act 1997 (NSW) – failure to comply with
prohibition notice –definition of cease – definition of
keeping – definition of storing – defence of reasonable
excuse.
Bankruptcy Act 1966 (Cth) s 58; Corporations Act 2001 (Cth) s
601AD; Evidence Act 1995 (NSW) ss 141, 191, 192; Protection of the
Environment Operations Act 1997 (NSW) (as in force on 16 November
2020) ss 3, 6, 91, 92, 96, 101, 102, 104, 110, 212C, 212D, 217,
256, Sch 1, Dictionary; Maitland Local Environmental Plan 2011
(NSW).
Legislation
Bills assented to
Local Government Amendment (De-amalgamations) Act 2024 No 21 – Assented to 20 May 2024
Health Legislation Amendment (Miscellaneous) Act 2024 No 22 – Assented to 27 May 2024
Emergency Services Levy Amendment Act 2024 No 23 – Assented to 27 May 2024
Jury Amendment Act 2024 No 24 – Assented to 31 May 2024
Better Regulation, Fair Trading and Other Legislation Amendment Act 2024 No 25 – Assented to 31 May 2024
Health Practitioner Legislation Amendment Act 2024 No 26 – Assented to 31 May 2024
Property NSW Amendment Act 2024 No 27 – Assented to 31 May 2024
Environmental Planning and Assessment Amendment (Vibrancy Reforms) Act 2024 No 28 – Assented to 31 May 2024
Local Government Amendment (Employment Arrangements) Act 2024 No 29 – Assented to 31 May 2024
Proclamations commencing Acts
Defamation Amendment Act 2023 No 36 (2024-178) – published LW 31 May 2024
Regulation and other miscellaneous instruments; and
Final Determination [Biodiversity Conservation Act 2016] (2024-161) – published LW 24 May 2024
Final Determination [Biodiversity Conservation Act 2016] (2024-162) – published LW 24 May 2024
Final Determination [Biodiversity Conservation Act 2016] (2024-163) – published LW 24 May 2024
Final Determination [Biodiversity Conservation Act 2016] (2024-164) – published LW 24 May 2024
Final Determination [Biodiversity Conservation Act 2016] (2024-165) – published LW 24 May 2024
Final Determination [Biodiversity Conservation Act 2016] (2024-166) – published LW 24 May 2024
Water Sharing Plan for the Bega River Area Regulated, Unregulated and Alluvial Water Sources 2024 (2024-167) – published LW 24 May 2024
Environmental Planning and Assessment Amendment (Central-West Orana Renewable Energy Zone Transmission) Order 2024 (2024-176) – published LW 27 May 2024
Liquor Amendment (Same Day Liquor Delivery) Regulation 2024 (2024-177) – published LW 29 May 2024
Water Sharing Plan for the Central Coast Unregulated and Alluvial Water Sources Amendment Order 2024 (2024-179) – published LW 31 May 2024
Water Sharing Plan for the Coffs Harbour Area Unregulated and Alluvial Water Sources Amendment Order 2024 (2024-180) – published LW 31 May 2024
Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources Amendment Order 2024 (2024-181) – published LW 31 May 2024
Water Sharing Plan for the Lower North Coast Unregulated and Alluvial Water Sources Amendment Order 2024 (2024-182) – published LW 31 May 2024
Workers Compensation (Indexation) Order (No 3) 2024 (2024-183) – published LW 31 May 2024
Environmental Planning Instruments
Byron Local Environmental Plan 2014 (Amendment No 41) (2024-168) – published LW 24 May 2024
Campbelltown Local Environmental Plan 2015 (Amendment No 38) (2024-169) – published LW 24 May 2024
Cessnock Local Environmental Plan 2011 (Amendment No 42) (2024-170) – published LW 24 May 2024
Cessnock Local Environmental Plan 2011 (Map Amendment No 10) (2024-171) – published LW 24 May 2024
Fairfield Local Environmental Plan 2013 (Amendment No 45) (2024-172) – published LW 24 May 2024
Sutherland Shire Local Environmental Plan 2015 (Amendment No 27) (2024-173) – published LW 24 May 2024
Warringah Local Environmental Plan 2011 (Map Amendment No 4) (2024-174) – published LW 24 May 2024
Woollahra Local Environmental Plan 2014 (Amendment No 35) (2024-175) – published LW 24 May 2024
Clarence Valley Local Environmental Plan 2011 (Amendment No 53) (2024-184) – published LW 31 May 2024
Liverpool Local Environmental Plan Amendment (Western Sydney Aerotropolis) 2024 (2024-185) – published LW 31 May 2024
Parramatta Local Environmental Plan 2023 (Amendment No 9) (2024-186) – published LW 31 May 2024
Penrith Local Environmental Plan (Industry and Employment) (Map Amendment No 4) (2024-187) – published LW 31 May 2024
Shoalhaven Local Environmental Plan 2014 (Map Amendment No 12) (2024-188) – published LW 31 May 2024
Wentworth Local Environmental Plan 2011 (Map Amendment No 5) (2024-189) – published LW 31 May 2024
Wentworth Local Environmental Plan 2011 (Map Amendment No 6) (2024-190) – published LW 31 May 2024
Wollongong Local Environmental Plan 2009 (Amendment No 57) (2024-191) – published LW 31 May 2024
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.