The NSW Environmental Protection Agency (EPA) and Office of Environment and Heritage (OEH) (collectively, the Prosecutor) have secured their biggest fine for a prosecution in the Land & Environment Court. Justice Robson fined the Clarence Colliery Pty Ltd $1.05 million for two offences: $720,000 for breaching section 116(1)(a) of the Protection of the Environment Operations Act…
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…
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…
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…
The Independent Pricing and Regulatory Tribunal of NSW (IPART) has released a draft review of rent models for social and affordable housing. The review recommends a number of changes to the current system of social housing in NSW to improve delivery of services to those in greatest need. In January 2016, the NSW Government released…
In the last two weeks, two new and long awaited guidance documents have been released in relation to the assessment and management of per- and poly- fluoroalkyl substances (PFAS): A 5-part technical report on “Assessment, management and remediation for PFOS and PFOA” prepared by the Cooperative Research Centre for Contamination and Remediation of the Environment…
The NSW Department of Planning and Environment is proposing changes to the State Environmental Planning Policy 2007 and the introduction of a new State Environmental Planning Policy 2017.
