The re-fundamentals of ‘Return and Earn’ – What you need to know about NSW’s new container deposit scheme

The New South Wales Government will roll out a container deposit scheme ‘Return and Earn’ from 1 December 2017. The scheme is established by the Waste Avoidance and Resource Recovery Amendment (Container Deposit Scheme) Act 2016 (NSW) and the Waste Avoidance and Resource Recovery (Container Deposit Scheme) Regulation 2017 (NSW). The scheme provides for the…

Staged development applications or concept approvals?

On 30 June 2017, the NSW Government released a Bill to amend the Environmental Planning & Assessment Act 1979 (EPA Act) to replace the idea of a ‘staged development application’ with a ‘concept development application’. The Bill is a swift response to a decision of the NSW Court of Appeal in Bay Simmer Investments Pty Ltd v State…

Launch of New Housing Code for NSW

On Monday 17 July 2017 new planning controls for obtaining complying development approval for new 1 or 2 storey dwelling houses, including alterations and additions, begins in NSW. These changes will take effect through a new and simplified Housing Code within State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) and are…

When ‘liabilities’ do not include all liabilities: A pollution prosecution ‘ended’ by a council amalgamation

The NSW Land and Environment Court has held that the Proclamation which merged Dubbo Council with Wellington Council, to become Dubbo Regional Council, ‘ended’ the prosecution proceedings that had been commenced by the Environmental Protection Authority (EPA) but not determined by the Court. The reason the prosecution ended was because the Proclamation did not have…