Changes to the Planning Act

On 6 May 2016, Planning Minister Rob Stokes announced that the NSW Government was revisiting its ‘revolutionary’ but unsuccessful bid in 2013 to amend the Environmental Planning and Assessment Act. After months of consultation and amid community opposition, changes were blocked by Labor in the upper house. Since then, significant changes have been made to…

Coastal Management Bill 2016

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…

Greater Sydney Commission Bill 2015

On 22 October 2015, the NSW Government introduced the Greater Sydney Commission Bill 2015 (Bill) which has three main objectives: to establish the Greater Sydney Commission (Commission); to provide for the constitution of Sydney planning panels for the Greater Sydney Region; and to amend the Environmental Planning and Assessment Act 1979 (EP&A Act) which will…

The chainsaw and the injured banksias

This week, we continue the theme of environmental crime and novel pleadings. The judgment of Pain J in Council of the City of Shoalhaven v Wilson [2015] NSWLEC 93 involved a defendant making submissions on sentencing about mental health and intoxication. The self-induced intoxication was held to be irrelevant for the purposes of sentencing, whereas…

POSTSCRIPT: Rafailidis appeal dismissed

The Court of Appeal recently handed down judgment in Rafailidis v Roads and Maritime Services [2015] NSWCA 143, dismissing Mrs Koula Rafailidis’ appeal against the judgments of Craig J and Sheahan J. Our earlier blog on Castle-style arguments in compulsory acquisition litigation examined one of these cases at first instance. The Court of Appeal (Beazley P,…