In the media
New baseline data provides greater clarity for
environmental decisions
The Morrison Government has released independent
scientific research to identify and manage environmental impacts
from potential gas developments in the Cooper, Isa and Beetaloo
basins (15 May 2020).
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Bushfire inquiry hearings get underway this month
The Royal Commission into National Natural Disaster
Arrangements will begin two weeks of public hearings on May 25 with
an "e-hearing" (11 May 2020).
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COVID Impact on City Life Goes Under Microscope
The effect of COVID-19 on how we use our cities is set to
go under the microscope under a landmark research collaboration in
Melbourne which hopes to deliver lessons which can be applied
worldwide. The project will look at activities such as traffic
flow, electricity use, urban and household behaviour, use of parks
and public spaces and air quality (15 May 2020).
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Inner-City Apartment Completions to Contract Until
2021
The Covid-19 crisis is likely to cause more delayed or
abandoned apartment projects and in turn cause underlying growth to
halve in 2020 with further declines of 25 per cent on the horizon
in 2021, JLL says (14 May 2020).
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PCA: Quick action from Governments can drive energy
efficiency jobs boom
The Energy Efficiency Council's CEO, Luke Menzel,
said projects that upgrade the energy performance of buildings and
businesses in the manufacturing, resources and agriculture sectors
are shovel ready, boost productivity and drive employment (11 May
2020).
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Post-COVID-19 wave of regional migration predicted as
people seek simpler life, get back to basics
The Real Estate Institute says regional areas could see
an influx of new residents, with Agents are reporting an increase
in interest in rural and regional properties. A regional and urban
planner says governments should invest in regional areas to
capitalise on post-pandemic migration (10 May 2020).
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Catalyst Infrastructure Fund Proposal
The Property Council, Urban Development Institute of
Australia (UDIA) and Housing Industry Association
(HIA) have written to the Minister for State
Development, Manufacturing, Infrastructure and Planning to advocate
for a new approach to catalyst infrastructure funding (06 May
2020).
More...
NSW
Statement of Expectations for Independent Planning
Commission
The state's Independent Planning Commission
(IPC) has been set new accountability benchmarks
to ensure greater timeliness and transparency in decision-making,
as part of the roll-out of reforms recommended by the NSW
Productivity Commission (14 May 2020).
More...
$15 million to transform our streets and public spaces
for social distancing
An extension of George Street's car-free zone in
Sydney's CBD, a new pedestrian-only boulevard in
Liverpool's Railway Street and a 'people's loop' in
Parramatta Park have been given the green light as part of a plan
to transform streets into shared spaces in response to COVID-19 (08
May 2020).
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Land tax concession applications now open
Landlords providing rent relief for eligible tenants in
financial distress due to COVID-19 can now apply for land tax
concessions online (07 May 2020).
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HV Operations to pay $400,000 after alleged water
pollution from mine
HV Operations Pty Ltd has entered into an Enforceable
Undertaking with the NSW Environment Protection Authority
(EPA), paying $400,000 towards environmental land
management improvements, following a water pollution incident at an
open cut mine in Singleton last year (07 May 2020).
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NRL tailor sent fake certificate for plush inner Sydney
hotel
A Land and Environment Court judge has found the Marsden
Hotel was opened using a fraudulent occupation certificate (05 May
2020).
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Nearly $10 million in enhancements for ePlanning
Real-time tracking and faster processing of local
development applications is a step closer, thanks to nearly $10
million in funding from the NSW Government (05 May 2020).
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24-hour economy reforms support nightlight revival post
COVID-19
The NSW Government is inviting community feedback on the
second stage of its 24-hour economy liquor law reforms, which
propose a host of changes to kick start Sydney's night time
economy post COVID-19 and beyond. Key proposals include reducing
red tape by aligning liquor licensing and planning processes (04
May 2020).
More...
Queensland
PCA: Establishment of Queensland Response and Recovery
Coalition
The Property Council have joined the cross-industry
Queensland Response and Recovery Coalition (QRRC)
to provide strategic advice to government during the COVID-19
crisis. The QRRC is a collective of industry and peak bodies
seeking to inform decision makers in areas such as planning,
policy, and investment to guide Queensland's economic recovery
(13 May 2020).
More...
PCA: Townhouse ban now in effect
Amendments passed in February 2020 to restrict townhouses
from single home areas (Major amendment package H)
are effective as of 1 May 2020. The amendments are now part of the
Brisbane City Plan 2014 (City Plan) (13 May 2020).
More...
Further Stop Order for the Broadway Hotel
Environment Minister Leeanne Enoch has issued an eighth
Stop Order under the Queensland Heritage Act, preventing any
demolition that would impact the heritage significance of the
Woolloongabba's Broadway Hotel, ensuring the heritage-listed
building is protected as essential repairs (08 May 2020).
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Kangaroo Point cycle bridge plan goes ahead with $1.6m
price tag
The business case for the proposed bridge for cyclists
should be finished by early next year (06 May 2020).
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Auditors deliver blow to Brisbane Live arena
project
Brisbane's proposed 17,000-seat indoor stadium over
Roma Street Station is not economically viable, a Queensland
government Audit Office report has found (06 May 2020).
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In practice and courts
New NatHERS certificate to be rolled out by 30 April
2020
A new NatHERS certificate will soon come into use as
software tools transition to Chenath Engine version 3.21.The new
NatHERS certificate has been developed after significant
consultation with industry users and will replace the previous
"universal certificate"; for all new assessments from 1
May 2020.
More...
NSW
NSW Law Society: NSW ready to reopen front door on
property inspections and on-site auctions
Agents and vendors will be able to hold traditional
property inspections and on-site auctions from next weekend, after
a six-week limited shutdown due to COVID-19 (04 May 2020).
More...
NSW Land and Environment Court
07 May 2020 -The Delegation to Registrars under section
13 of the Civil Procedure Act 2005 has been updated.
More...
NSW Planning Department: Have your say - Draft plans and policies
Flood Prone Land Package
Notification start-end date 30/04/2020 - 25/06/2020
This will build resilience in communities located on floodplains
and reduce the extent of property damage and potential loss of life
from severe to extreme flooding throughout NSW.
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Draft special infrastructure contributions (SIC)
guidelines
Notification start-end date 15/04/2020 - 12/06/2020
The Department is seeking to improve the transparency of the
application of SICs. The draft SIC guidelines provide guidance
regarding the purpose and function of SICs and their application in
the new approach to precinct planning.
More...
Proposed amendments to the EP&A Regulation
Notification start-end date15/04/2020 - 12/06/2020
The Department is proposing amendments to the EP&A Regulation
to improve transparency in the infrastructure contributions system
through better reporting of contributions received and expended for
individual contributions plans and planning agreements.
More...
Improving the review of local infrastructure
contributions plans - discussion paper
Notification start-end date 15/04/2020 - 12/06/2020
Higher-rate local infrastructure contributions plans are
independently reviewed to ensure that they are reasonable. The
Department has identified ways to improve the review process of
local infrastructure contributions plans to make it more efficient
while maintaining its important function.
More...
Draft planning agreements policy framework
Notification start-end date 15/04/2020 - 12/06/2020
The Department is seeking feedback on an updated planning
agreements policy framework. The proposed changes will result in a
clearer and more transparent contributions process and will allow
planning agreements to be used for their intended function to fund
innovative infrastructure solutions.
More...
Criteria to request a higher s7.12 percentage -
discussion paper
Notification start-end date 15/04/2020 - 12/06/2020
The Department is seeking feedback on the proposal from key
stakeholders and the community. Your feedback will help inform
critical improvements to the infrastructure contributions system in
NSW.
More...
Changes to Housing SEPPs
The SEPP will not apply in heritage conservation areas in
Greater Sydney until 1 July 2020.
More...
NSW Revenue: 2020 land tax COVID-19 relief -
Guidelines
05 May 2020 - The NSW Government has introduced measures
to provide relief to commercial and residential landowners.
More...
Queensland
New or expanded cropping
The Queensland Government will defer the commencement of
the new or expanded commercial cropping and horticulture activities
requirement (ERA 13A), under the Reef protection
regulations until 1 June 2021. The deferment is in direct response
to COVID-19 (coronavirus) and ensures the
agricultural community has a suitable amount of time to prepare for
the changes.
More...
Planning legislation amendments
Urgent amendments to Queensland's planning
legislation are now in effect to address concerns raised by a range
of stakeholders, including local government and industry, in
response to the COVID-19 (06 May 2020).
More...
Cases
NSW
Reulie Land Co Pty Limited v Lee Environmental Planning
Pty Limited and Ors (No 2) [2020] NSWLEC
49
COSTS - applicant successful in principal judgment -
respondents filed submitting appearances in principal hearing -
effect of submitting appearances - submitting appearance is only
one circumstance and is not alone determinative - each respondent
contributed to making of errors - no disentitling conduct from
applicant - offers to settle proceedings - question of
reasonableness of not resolving the proceedings - general rule that
costs follow the event
Vella v Hawkesbury City Council
[2020] NSWLEC 1199
DEVELOPMENT APPLICATION - for the use of an awning
addition attached to an outbuilding - floor area/area -
overdevelopment - dominance in the streetscape or rural setting -
visual prominence - cumulative impact - land use conflicts -
amenity and public interest
BUILDING INFORMATION CERTIFICATE - approval for a partially built
awning attached to an outbuilding
Secretary, Department of Planning and Environment v
Goodman Property Services (Aust) Pty Ltd; Secretary, Department of
Planning and Environment v Burton Contractors Pty Ltd T/as Burton
Civil Engineering Contractors [2020] NSWLEC
52
PRACTICE AND PROCEDURE - two criminal proceedings
commenced alleging the Defendant in each breached s 125(1) of the
Environmental Planning and Assessment Act 1979 - motions by
Defendants seeking orders that each Summons be quashed, set aside
or permanently stayed - whether Summonses patently duplicitous -
whether Summonses latently duplicitous - Summonses patently
duplicitous - Prosecutor given the opportunity to consider seeking
leave to amend in each instance.
Strata Plan 87060 v Loulach Developments Pty
Ltd [2020] NSWSC
550
CIVIL PROCEDURE - parties - misnomer or misdescription -
application to amend - where owners corporation intended to sue
builder for alleged defects but mistakenly named the incorrect
entity in summons and list statement - whether builder prejudiced
from loss of viable cross-claims - where builder on notice of
mistake, defects and proceedings - no delay in making application
to amend - prejudice to owners corporation if leave not granted -
dictates of justice favour granting leave to amend
Somerville v Chief Executive of the Office of
Environment and Heritage [2020] NSWCCA
93
ENVIRONMENT AND PLANNING — Offences —
Prosecutions — whether commencement of criminal proceedings
time barred
LIMITATION OF ACTIONS — Operation of bar — National
Parks and Wildlife Act 1974 (NSW) s 190(1) — whether distinct
limitation periods can be relied on in the alternative —
whether prosecutor must elect which limitation period is relied
on
Snowy Monaro Regional Council v Tropic Asphalts Pty
Ltd [2020] NSWCCA 74
APPEAL - where charges found to be duplicitous -
where leave sought to amend charges to nominate particular working
days as separate counts of breach
APPEAL - whether failure to take into account relevant
consideration - whether denial of procedural fairness
ENVIRONMENT AND PLANNING - consent - where alleged breach of terms
of development consent
Benmill Pty Ltd v North Sydney Council
(No 2) [2020] NSWLEC 44
ENVIRONMENT AND PLANNING — Consent —
Construction of use approved by order of the Court — Whether
approval for "roof sign"; is a "roof or sky
advertisement"; or a "building identification sign";
under State Environmental Planning Policy No 64 - Advertising and
Signage — Roof or sky advertisement
ESTOPPEL — Issue estoppel — Whether issue fundamental
— Finding made by Commissioner of the Land and Environment
Court — Issue estoppel and abuse of process not made out
Lipscombe v Blue Mountains City Council
[2020] NSWCATAD 121
ADMINISTRATIVE LAW - Government Information (Public
Access) Act -- legal professional privilege - whether privilege
waived
Stevens Holdings Pty Limited trading as Stevens Group v
Newcastle City Council [2020] NSWLEC
1201
JOINDER - application for joinder - statutory power
to order joinder under s 8.15 Environmental Planning and Assessment
Act 1979 - issues proposed to be raised by applicant for joinder
sufficiently addressed - public interest - joinder refused
Queensland
Monaco Street Pty Ltd v Ipswich City Council
[2020] QPEC 21
PLANNING AND ENVIRONMENT - ORIGINATING APPLICATION -
DECLARATORY PROCEEDING - where the applicant says its development
approval lapsed - where the applicant sought a declaration about
the lapse - whether the court has jurisdiction to grant the
declaration sought - whether the declaration should be made in the
exercise of the discretion
PLANNING AND ENVIRONMENT - ORIGINATING APPLICATION - DECLARATORY
PROCEEDING - where the applicant sought an order excusing a lapse
of its development approval and reviving the development approval -
whether the court has jurisdiction to grant the relief sought -
whether the relief sought is appropriate
PLANNING AND ENVIRONMENT - APPLICATION FOR A MINOR CHANGE TO A
DEVELOPMENT APPROVAL - where the applicant sought to change an
existing development approval to extend its operation by a further
two years - where the development approval was originally granted
in 2011 - whether the applicant has demonstrated that it is the
owner - whether the changes were acceptable
Planning Act 2016 Qld s 78, s 79, s 81; Planning and Environment
Court Act 2016 Qld s 11, s 37
The Agile Wallaby Project Inc. v Department of Environment
and Science [2020] QCAT 121
ENVIRONMENT AND PLANNING - ENVIRONMENTAL IMPACT
ASSESSMENT AND APPROVAL - OTHER STATES AND TERRITORIES -
environmental assessment - impact upon release site habitat
relating to the large scale capture and translocation of agile
wallabies - application for damage mitigation permit to undertake
the translocation of agile wallabies - the suitability of the
habitat at the proposed release sites - the staffing and financial
capacity of an organisation to undertaken the large scale capture
and translocation - whether applicant has the experience to
undertake the large scale translocation - whether there is a risk
posed to the translocated agile wallabies by the translocation
generally - whether the applicant poses a risk to the agile
wallabies if a damage mitigation permit is issued
EVIDENCE - MISCELLANEOUS MATTERS - RULES OF EVIDENCE - ORDERS -
public interest test - fit and proper person test - rules of
evidence - Briginshaw test - onus of proof not required in
administrative review proceedings - what weight, if any, to be
placed upon evidence - public interest the balancing of interests
including competing public interests - applying a distinction
between public interest and a matter of public interest - the
interests of the public are distinct from the interests of an
individual or individuals - whether the applicant is suitable to be
issued with a damage mitigation permit - appropriateness - value
judgment to be exercised - the seriousness of a person's
conduct is a factor to be evaluated by the decision maker - there
is no precise meaning of the term fit and proper
Acts Interpretation Act 1954 Qld s 32D, Schedule 1
Nature Conservation Act 1992 Qld s 4, s 5, s 8(2)(b), s 9, s 11(a),
s 71(a)(v), s 73, s 80, s 88(2), s 100I(5), Schedule -
Dictionary
Nature Conservation (Administration) Regulation 2017 Qld s 2, s 5,
s 21(1), s 21(4)(c), s 26, s 26(1), s 26(1)(a), 26(1)(c), s
26(1)(f), s 26(1)(g), s 26(2), s 31(1), s 117, s 119, Schedule 2.2,
Schedule 6
Nature Conservation (Wildlife Management) Regulation 2006 Qld s
10(1), Schedule 6
Nature Conservation (Wildlife Management) Regulation 2006 Qld s
181, s 186, s 207
Nature Conservation (Wildlife) Regulation 2006 Qld s 35(2),
Schedule 6
Queensland Civil and Administrative Tribunal Act 2009 Qld s 19, s
20, s 20(1), s 20(2), s 21, s 24(1), s 28, s 28(3)(b), s 28(3)(c),
s 63
Legislation
NSW
Regulations and other miscellaneous instruments
Biodiversity
Conservation Act 2016 - Final Determination (2020-199) -
published LW 15 May 2020
Biodiversity
Conservation Act 2016 - Final Determination (2020-200) -
published LW 15 May 2020
Biodiversity
Conservation Act 2016 - Final Determination (2020-201) -
published LW 15 May 2020
Biodiversity
Conservation Act 2016 - Final Determination (2020-202) -
published LW 15 May 2020
Biodiversity
Conservation Act 2016 - Final Determination (2020-203) -
published LW 15 May 2020
Biodiversity
Conservation Act 2016 - Final Determination (2020-204) -
published LW 15 May 2020
Environmental
Planning and Assessment Amendment (Lapsing of Consent) Regulation
2020 (2020-206) - published LW 15 May 2020
Environmental
Planning and Assessment Amendment (Sydney Gateway) Order 2020
(2020-211) - published LW 15 May 2020
Land
and Environment Court (Amendment No 1) Rule 2020 (2020-207) -
published LW 15 May 2020
Bills introduced Non-Government
Water (Commonwealth Powers) Amendment (Termination of References)
Bill 2020
Environmental Planning Instruments
State
Environmental Planning Policy (State and Regional Development)
Amendment (Botany Rail Duplication and Cabramatta Loop Projects)
2020 (2020-208) - published LW 15 May 2020
State
Environmental Planning Policy (State and Regional Development)
Amendment (Water Treatment Facilities) 2020 (2020-209) -
published LW 15 May 2020
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.