In the media
Scathing' report on environment approvals finds 80
per cent contained errors or were non-compliant
Almost 80 per cent of federal environmental approvals
examined in a high-level review were non-compliant or contained
errors, Australia's audit office says (25 June 2020).
More...
Investing in agritech to enhance sustainable farming
practices
The Morrison Government is backing new technology to help
Australian farms become more drought resilient with innovative
projects that will help to reduce emissions without driving up the
cost of production or doing business (25 June 2020).
More...
Institutional investors unhappy with government response
to climate action
Climate change might be infiltrating investor
conversations at every level but the big question is, will
investors abandon their sustainability ambitions to deal with the
financial shocks of the pandemic? (25 June 2020).
More...
Bond issuance: a fair way to deliver funding for
Affordable Housing
Urban Taskforce Chief Executive, Tom Forrest, welcomed the
announcement by Federal Minister for Housing and Assistant
Treasurer, Michael Sukkar MP, of Australia's largest ever bond
issuance for social and affordable housing totalling $562 million
(25 June 2020).
More...
The 'golden demographic' is moving to regional
Australia in big numbers
A new report shows more regionally-based millennials
— people aged between 20 and 35-years-old — moved to
other regional places than to capital cities. It is part of a
broader trend in some areas of Australia as regional towns fight
back against the brain drain (23 June 2020).
More...
NSW
Largest ever purchase for national park estate
The 153,415 hectare Narriearra Station in far North West
NSW is the largest purchase of private land for national parks in
the State's history (27 June 2020).
More...
NSW government releases 'shared backyard' vision
for greener city
Parklands and other open spaces should be within just 200m
of high-density homes and 400m from schools and workplaces, under
new NSW Government guidelines prioritising greenery in the wake of
COVID-19 (25 June 2020).
More...
NSW Groundwater allocations
The NSW Department of Planning, Industry and Environment
is making new water access licences available in 43 groundwater
sources across NSW. The controlled allocation approach also
preserves a portion of the unassigned groundwater to meet the
future needs of urban water suppliers and holders of basic
landholder rights (25 June 2020).
More...
Queensland
Trial of remote, real-time environmental monitoring
rolled out
A trial of remote, real-time monitoring of air, noise and
water quality is being rolled out by Queensland's environmental
regulator (22 June 2020).
More...
Environmental offsets see important habitat
protected
The Palaszczuk Government's program of environmental
offsets is set to see two important areas of natural habitat
protected in south east Queensland and in the Northern Brigalow
Belt (19 June 2020).
More...
Do Gold Coast's car-stacking developments stack
up?
Council approves a unit block that could set a benchmark
for parking management but there are benefits and drawbacks, says a
town planner (19 June 2020).
More...
First day in court in historic challenge to Clive
Palmer's Galilee Coal Project
Young Queenslanders and rural landholders, represented by
the EDO, have appeared in Queensland's Land Court for the first
time in their landmark legal case against Clive Palmer's
Galilee Coal Project (19 June 2020).
More...
Multi-billion-dollar Brisbane development forges
ahead
A $2.1 billion transformation of the Eagle Street Pier and
Waterfront Place precinct into Brisbane's premium business and
leisure destination is a step closer after commercial property
group Dexus lodged development plans with Brisbane City Council (18
June 2020).
More...
Eagle Street transformation moves ahead as DA
lodged
Dexus has lodged its proposals for a $2.1 billion
transformation of a key stretch of Brisbane riverfront with
Brisbane City Council (17 June 2020).
More...
Townsville City Council to crack down on grotty
properties under proposed law
The council proposes measures to force landlords to
maintain run-down and vacant properties, remove graffiti, and make
the sites safe and tidy (17 June 2020).
More...
In practice and courts
ANAO Report No 47 of 2020: Referrals, Assessments and
Approvals of Controlled Actions under the Environment Protection
and Biodiversity Conservation Act 1999
The objective of this audit was to assess the
effectiveness of the Department of Agriculture, Water and the
Environment's administration of referrals, assessments and
approvals of controlled actions under the Environment Protection
and Biodiversity Conservation Act 1999. (25 June 2020).
More...
NSW
NSW Revenue: State Revenue Legislation Further Amendment
Act 2020
State Revenue Legislation Further Amendment Act 2020
received assent on 24 June 2020. The amendments to the the Duties
Act 1997, the Land Tax Act 1956 and the Land Tax Management Act
1956 made by that Act commenced from that date See the State
Revenue Legislation Further Amendment Act 2020 (25 June 2020).
More...
Service NSW is currently trialling a pilot NSW strata
portal – your feedback is important
The Strata Portal is an online register that collects
information from strata schemes across NSW. It will become a
central and accessible point of critical information on the
state's strata schemes for citizens, regulators and owners (23
June 2020).
More...
2019-2020 Water sharing plan reviews
The purpose of water sharing plans is to prescribe how
water is managed, firstly to provide for the environment and also
to support social and economic outcomes. The Commission is
specifically interested in your comments regarding the associated
environmental, social and economic outcomes and any opportunities
for improvement you have identified. Submissions closed on 5 July
2020. More...
NSW Revenue: HomeBuilder program
HomeBuilder will provide eligible owner-occupiers
(including first home buyers) with a grant of $25,000 to build a
new home or substantially renovate an existing home where the
contract is signed between 4 June 2020 and 31 December 2020.
Construction must commence within three months of the contract
date.
More...
NSW Planning Department: Have your say - Draft plans and policies
Greener Places Design Guide
Notification start-end date 25/06/2020 - 07/08/2020
The Draft Greener Places Design Guide has been released for
consultation. The draft guide provides information on how to
design, plan and implement green infrastructure in urban areas
throughout NSW. More...
A Housing Strategy for NSW
Notification start-end date 15/06/2020 - 24/07/2020
A Discussion Paper has been prepared to seek feedback and form the
basis of a NSW Housing Strategy. The Strategy will take a
whole-of-government approach to meeting NSW's housing needs.
More...
NSW OEH: $16 million in funding for NSW manufacturers
facilities
For manufacturers as part of the NSW Government Energy
Saver program to help them save energy, money and stay competitive
globally. The first round of funding closes on 30 June 2019.
More...
Changes to Housing SEPPs
The SEPP will not apply in heritage conservation areas in
Greater Sydney until 1 July 2020.
More...
Queensland
PCA: Local Government Budget Update
South-East Queensland Councils are currently releasing
their budgets for the 2020-2021 financial year. These include the
Gold Coast City Council, Sunshine Coast City Council and Redland
City Council (26 June 2020).
More...
Prosecution bulletins
A selection of the department's enforcement actions
are summarised in prosecution bulletins outlining the facts and
outcomes of finalised prosecutions.
More...
Queensland Planning Legislation
Urgent amendments to the Planning legislation are in
effect to address concerns raised by a range of stakeholders,
including local government and industry, in response to the
COVID-19. Note Temporary use licence updated 26 June 2020.
More...
Cases
NSW
Environment Protection Authority v
Albiston [2020] NSWLEC 80
ENVIRONMENTAL OFFENCES: person concerned in the
management of a company which caused a place to be used as a waste
facility without lawful authority – executive liability -
plea of guilty – sentencing principles – no actual
environmental harm – low potential for environmental harm
– whether offence committed recklessly - substantial
financial losses to third party caused by the commission of the
offence – offence committed for financial gain –
whether defendant had capacity to pay monetary penalty to be
imposed - monetary penalty imposed – costs orders made
Waverley Council v Ash Samadi and Ors
[2020] NSWLEC 67
ENVIRONMENT AND PLANNING – validity of development
control order – manner of service – s 10.11
Environmental Planning and Assessment Act 1979 – email
service arrangements can be indicated by conduct of parties –
stop work order was served and was effective
ENVIRONMENT AND PLANNING – validity of development control
order – adequacy of time for compliance with stop work order
– schedule 5, clause 27 Environmental Planning and Assessment
Act 1979 – determination of a "reasonable period"
for compliance is an objective question of fact
–circumstances of previous stop work order are relevant
– if stop work order maintains current state of affairs
compliance forthwith is not an unreasonable period –
immediate compliance not limited to clause 27(2)
ENVIRONMENT AND PLANNING – validity of development control
order – adequacy of reasons – read as a whole the
reasons are more than a recitation of the circumstances that
enliven the power to issue an order – in any case they could
comprise adequate reasons
ENVIRONMENT AND PLANNING – validity of development control
order – whether factual foundation to enliven power to issue
– Council had sufficient factual foundation
ENVIRONMENT AND PLANNING – whether work undertaken breached
development control order –– work undertaken did not
conform with the modification to the development control order
– stop work order breached
EVIDENCE – where evidence is not evidence of truth –
Respondent given sufficient opportunity to respond to criticisms
relating to his evidence – Respondent not a witness of truth
– Respondent's evidence should not be relied upon absent
some independent corroboration
ENVIRONMENT AND PLANNING – validity of complying development
certificate – breach of clause 3.7.2.7 of Building Code of
Australia – complying development certificate not authorised
to be issued – complying development certificate
invalid
ENVIRONMENT AND PLANNING – whether breach of orders for entry
– service of notices of entry was effective – failure
to give access breached the orders
DISCRETION – s 25E Land and Environment Court Act 1979
– discretion to validate complying development certificate
– invalidity arising from absence of power – no steps
available to permit validity – breach integral part of the
complying development certificate – no reasonable way to
sever non-compliant element of the consent – s 25B discretion
not available – if available not exercised on circumstances
of case
GENERAL DISCRETION – breach of inspection notices –
whether declarations sought are bare declarations –
declarations serve the public purpose of denouncing conduct –
discretion not exercised
Simpfendorfer v Northern Beaches Council
[2020] NSWLEC 1274
DEVELOPMENT APPLICATION – consolidation of two lots
into one lot – proposed construction of a dwelling house and
granny flat – whether proposal is consistent with the desired
future character of Oxford Falls Valley – whether potential
impacts of the proposal are acceptable – grant of consent not
opposed by Respondent
Armidale Regional Council v O'Connor
[2020] NSWLEC 77
CIVIL ENFORCEMENT – proceedings to remedy or
restrain a threatened breach of the Local Government Act 1993
– Council meeting called to consider motion to terminate
general manager's contract – whether power to terminate
general manager's contract is an implied power under s 334 of
the Local Government Act 1993 or an entitlement under the terms of
the contract – whether exercise of implied statutory power
conditioned by procedural fairness requirements – whether
Councillors failed to accord procedural fairness to general manager
– whether apprehension of bias by reason of Councillors being
accusers – no apprehended bias as Councillors are not
accusers – whether apprehension of bias by prejudgment of
Councillors – no apprehended bias through prejudgment –
whether failure to afford general manager opportunity for a hearing
– duty to accord procedural fairness owed by Council as
decision maker and not individual Councillors – no threatened
failure by Council to afford general manager opportunity for a
hearing – no threatened statutory breach – proceedings
dismissed with costs
Blacktown City Council v Paciullo; Liang
[2020] NSWLEC 75
COSTS – class 4 civil enforcement proceedings
– enforcement of brothel closure order – consent orders
made in terms sought in summons – capitulation warranting
costs order in council's favour
Mulpha Norwest Pty Ltd v The Hills Shire
Council (No 2) [2020] NSWLEC
74
APPEAL – separate question of law – statutory
construction of floor space ratio in environmental planning
instrument
Dexus CPA Pty Ltd v Sydney Metro
[2020] NSWLEC 71
NOTICE TO PRODUCE TO THE COURT - Notice to Produce to the
Court issued in Class 3 compulsory acquisition compensation
proceedings - recipient of Notice seeks to have it set aside -
recipient of Notice accepts some elements to be unobjectionable -
Notice amended during course of hearing - recipient accepts
amendments are ameliorative but presses objections to the Amended
Notice - consideration of whether Amended Notice oppressive -
objected to paragraphs of the Amended Notice are oppressive -
judicial amendment not possible - striking out does not preclude
service of a further notice when all the recipient's evidence
filed and served - objected to paragraphs struck out
Hall Street A Pty Ltd v Waverley Council
[2020] NSWLEC 1235
DEVELOPMENT APPLICATION – retention and adaptive
reuse of a cottage identified as a local heritage item and
construction of a shop top housing development – existing use
– contravention of the height of buildings development
standard – design excellence – building separation and
setbacks – solar access – privacy
Central Coast Council v Pastoral Investment Land &
Loan Pty Ltd [2020] NSWSC
777
CONTRACT — breach — parties enter into a Deed
which contemplates a re-zoning of defendant's land so that it
is partly zoned industrial and partly zoned conservation —
Deed provides for defendant to lodge a development application to
subdivide the land into two lots to reflect the zonings —
Deed further provides for the defendant to transfer to the Council
the conservation lot following approval of the subdivision —
defendant lodges development application for subdivision and
vegetation clearing — Council issues Notice of Determination
consenting to subdivision but rejecting vegetation clearing —
defendant appeals to Land and Environment Court — whether
defendant by failing to lodge subdivision application breached
implied term to do all that is reasonably necessary to secure
performance of the Deed — held that Deed does not prevent
exercise of rights of appeal — held that defendant not in
breach where rights of appeal have not been exhausted —
specific performance not granted LOCAL GOVERNMENT — powers,
functions and duties — property — whether Council
entered into the Deed ultra vires or unlawfully — held that
Council had statutory power to enter into the Deed LOCAL GOVERNMENT
— powers, functions and duties — property —
whether the Deed included an unlawful fetter upon the future
exercise of Council's statutory powers — held that
Council did not fetter the future exercise of its statutory powers
where Deed does not include any obligation upon the Council to
grant development consent
The Next Generation Pty Ltd v Independent Planning
Commission [2020] NSWLEC
70
PRACTICE AND PROCEDURE – statutory right of objector
to State significant development otherwise designated development
to appear as a party in proponent appeal
Russo v Northern Beaches Council
[2020] NSWLEC 1259
DEVELOPMENT CONTROL ORDER and DEVELOPMENT APPLICATION
– order to demolish front fence – development
application to demolish front fence and construct a new front fence
– insufficient information to be satisfied of jurisdictional
preconditions – proposal is contrary to the character of the
locality
Kovacs v Council of the City of Sydney
[2020] NSWLEC 1258
DEVELOPMENT APPLICATION – State Heritage listed
terraces – integrated development – alterations and
additions – prefabricated and detachable multipurpose
platform – extension of the dumbwaiter – heritage
conservation – balance between conservation and adaptive
reuse
Naddaf v Parramatta City Council
[2020] NSWLEC 1254
DEVELOPMENT APPLICATION — dual occupancy and Torrens
Title subdivision – Contravention of the development standard
for minimum allotment size for a dual occupancy development –
locality identified as a special character area
Queensland
Symbolic Resources Pty Ltd v Kingham &
Ors [2020] QSC 193
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS
OF REVIEW – ERROR OF LAW – whether the Land Court
decision involved errors of law in relation to the construction and
application of s 265(11) of the Mineral Resources Act 1989 (Qld)
– whether the respondent's objection was a 'properly
made objection' pursuant to ss 265(11) and 260 of the Mineral
Resources Act 1989 (Qld) – where an objection is duly served
upon delivery of the objection pursuant to s 399(2) of the Mineral
Resources Act 1989 (Qld) and s 39A of the Acts Interpretation Act
1954 (Qld) – where service of an objection upon the applicant
within the objection period is not a mandatory requirement of s 260
of the Mineral Resources Act 1989 (Qld)
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – ERROR OF LAW – whether the Land Court
considered matters not included in an objection in contravention of
s 268(3) of the Mineral Resources Act 1989 (Qld) – where the
Land Court exceeded its jurisdiction by entertaining a matter not
included in an objection
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – ERROR OF LAW – whether the Land Court decision
had jurisdiction under s 269(4) of the Mineral Resources Act 1989
(Qld) to consider matters dealt with under a separate statutory
regime – whether the Land Court considered the adequacy of
the applicant's environmental authority conditions
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – PROCEDURAL FAIRNESS – HEARING – NATURE
OF HEARING – NEW MATTER ARISING IN COURT - where the
applicant was self-represented in the initial Land Court
proceedings – where the Land Court allowed a new witness to
give evidence without prior notice to the applicant – whether
the applicant was given a reasonable opportunity to adduce evidence
in response to this new evidence – whether the Land Court
adequately assisted the applicant as a self-represented litigant
– whether the applicant was given the opportunity to make an
effective choice – whether this amounts to a breach of
procedural fairness
Environmental Protection Act 1994 Qld s 181
Pimpama Commercial Pty Ltd v Council of the City of Gold
Coast [2020] QPEC
33
PLANNING AND ENVIRONMENT LAW – CHANGE OF APPROVAL
CONDITIONS – TAVERN – where tavern is approved for 12am
closure – where application for extension of operating hours
to either 2am or 4am – where tavern located in neighbourhood
centre at Pimpama – whether the proposed extension of hours
is consistent with the role and function of the centre -whether
proposed extended operating times would unacceptably impact on
amenity- whether there is a community need for the proposed
extension of hours
Planning Act 2016 Qld; Planning and Environment Court Act 2016
Qld
Blu Con Pty Ltd v Brisbane City Council
[2020] QPEC 32
PLANNING AND ENVIRONMENT – APPEAL – appeal
against refusal of a development application for partial
demolition, extension of and clearing of vegetation on a local
heritage place
ASSESSMENT – compliance with the planning scheme –
whether the proposed development complies with the planning scheme
– whether the proposed development complies with the
strategic framework – whether the proposed development
complies with the heritage overlay code
Planning Act 2016 Qld; Planning and Environment Court Act 2016
Qld
Shun Pty Ltd v Logan City Council & Anor
[2020] QPEC 31
PLANNING AND ENVIRONMENT – APPLICATION –
applications in pending proceeding – where the substantive
proceeding involves an appeal by a submitter against the
Council's decision to approve a mixed use development that
includes a supermarket – where the economic analysis lodged
with the development application indicated an intention to seek a
supermarket or variety store and that a prospective operator might
be an Asian/Chinese supermarket and variety store – where the
appeal was part-heard when the application was made – whether
the co-respondent's proposed change is a minor change –
whether the co-respondent should be permitted to change its
application
PLANNING AND ENVIRONMENT – APPEAL – submitter appeal
against Council approval of a development application seeking a
development permit for material change of use for a mixed use
development involving 198 multiple dwellings on top of a new
shopping centre in the specialised centre zone – whether the
proposed development is would complement the existing district
centre, whether the proposed development would undermine the
viability of the existing district centre – whether the
proposed development accords with the planning strategy for new or
expanded centres – whether there is a demonstrated community
and economic need for the proposed development – whether the
planning strategy for new or expanded centres operates as an
exception to the planning policy that supermarkets are not to
locate in a specialised centre – whether the proposed
development could be appropriately conditioned to limit it to use
for an "Asian themed" supermarket – whether the
proposed development should be approved in the exercise of the
planning discretion
Planning Act 2016 Qld s 45, s 59, s 60, s 65, s 66; Planning and
Environment Court Act 2016 Qld s 43, s 45, s 47
Legislation
NSW
Proclamations commencing Acts
Fines
Amendment Act 2019 No 13 (2020-272) — published LW 19
June 2020
Water
Management Amendment Act 2018 No 31 (2020-273) —
published LW 19 June 2020
Strata
Schemes Management Amendment (Building Defects Scheme) Act 2018 No
49 (2020-299) — published LW 26 June 2020
Regulations and other miscellaneous instruments
Building
and Development Certifiers Amendment (Provision of Information)
Regulation 2020 (2020-300) — published LW 26 June
2020
Building
and Development Certifiers Amendment (Refund of Fees) Regulation
2020 (2020-301) — published LW 26 June 2020
Civil
and Administrative Tribunal Amendment (Fees) Regulation 2020
(2020-302) — published LW 26 June 2020
Civil
Procedure Amendment (Fees) Regulation 2020 (2020-303) —
published LW 26 June 2020
Crown
Land Management Amendment (Reserve Trusts) Regulation 2020
(2020-310) — published LW 26 June 2020
Environmental
Planning and Assessment Amendment (Planning Portal) Regulation
2020 (2020-312) — published LW 26 June 2020
Home
Building Amendment (Fees) Regulation 2020 (2020-314) —
published LW 26 June 2020
Strata
Schemes Management Amendment (Building Defects Scheme) Regulation
2020 (2020-323) — published LW 26 June 2020
Coal
Mine Subsidence Compensation Amendment (Contributions) Regulation
2020 (2020-274) — published LW 19 June 2020
Water
Management (Application of Act to Bellinger River Coastal
Floodplain Alluvial Groundwater Water Source) Proclamation 2020
(2020-290) — published LW 19 June 2020
Environmental Planning Instruments
State
Environmental Planning Policy (Exempt and Complying Development
Codes) Amendment (Low Rise Housing Diversity Code) 2020
(2020-331) — published LW 26 June 2020
State
Environmental Planning Policy (Housing for Seniors or People with a
Disability) Amendment (Heritage Conservation Areas Exemption)
2020 (2020-332) — published LW 26 June 2020
State
Environmental Planning Policy (Infrastructure) Amendment (Energy
Storage Technology) (No 2) 2020 (2020-333) — published LW
26 June 2020
State
Environmental Planning Policy (Mining, Petroleum Production and
Extractive Industries) Amendment 2020 (2020-334) —
published LW 26 June 2020
Bills introduced
Government
Strata Schemes Management Amendment (Sustainability Infrastructure)
Bill 2020
Non-Government
Water Management Amendment (Water Rights Transparency) Bill 2020
(No 2)
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.
