Bilateral agreements under the EPBC Act: How easy is it to cut green tape? (Part 1)

Overlapping State and Commonwealth approval requirements leading to project risks The environmental approval process under the Commonwealth’s Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) operates in parallel to State-based approval processes, such as the development consent process under the Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act). That means that, for example, a…

Access orders trump restrictions over community land

To what extent does the categorisation of land as community land stymie development? In what circumstances can works be carried out on community land for the purposes of development on an adjoining property? What happens in circumstances where a Council fails to properly categorise land? These questions were covered in the recent decision of Watpac…

Enforcing conditions of consent

What are the competing interests considered by the Court in granting injunctions to restrain breaches of conditions of consent? We commonly provide advice on injunctive relief where development is proceeding in ways which appear to be contrary to approved plans or conditions of consent. The recent decision in Council of the City of Sydney v…