Tasmania appears to be a focal point for Federal Court decisions with respect to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). A recent decision of the Full Court of the Federal Court has considered the definition of an ‘action’ as it relates to State Government decisions regarding works where it is…
The Southern District of Ohio Court in the USA has awarded $1.6M and $5.6M to two plaintiffs for exposure to perfluooctanoic acid (commonly referred to as PFOA) in drinking water. The plaintiffs claimed to have been diagnosed with a kidney tumour and testicular cancer respectively. The claims were made as part of a class action…
Following months of public consultation, the NSW Government has recently introduced the Coastal Management Bill 2016 to Parliament. The Bill will repeal the Coastal Protection Act 1979 and the Coastal Protection Regulation 2011 and is to establish a simpler, more contemporary legislative framework for the management of the NSW coastline. The Bill contains new statutory…
There is a lot of noise about ‘value capture’ at present. One of the current NSW legal mechanisms for value capture in NSW sits within the framework for Voluntary Planning Agreements (VPA) set out in the Environmental Planning and Assessment Act 1979 (EP&A Act). These agreements have in some cases been used by Planning Authorities…
The Greater Sydney Commission (GSC) was established in late 2015 to oversee metropolitan planning and development in the Greater Sydney Region. The GSC functions as a partnership between the NSW Government and local governments, and has the power to make local environmental plans and prepare draft strategic plans for the Greater Sydney Region under the…
MMTR Pty Ltd v Roads and Maritime Services [2015] NSWLEC 177 What happens when part of a block of land is compulsorily acquired for an infrastructure project, and the project has the effect of increasing the value of the residue land? How should compensation be calculated? Justice Craig’s decision in MMTR Pty Ltd v Roads…
Each year in the Land and Environment Court there are about 50 to 100 criminal prosecutions in the “Class 5” jurisdiction. By contrast there are between 100 and 150 cases filed in the Court’s civil “Class 4” jurisdiction involving civil enforcement and judicial review proceedings. The Class 4 jurisdiction has a number of benefits through the…
