Land and Environment Court Reporter

Boarding houses, school numbers, mixed use high density developments and procedural fairness in the context of plan making. These issues are common areas of urban controversy. The Land and Environment Court Reporter, which we prepare on behalf of LGNSW, covers four recent Land and Environment Court cases on all of these issues. Check it out –…

Another Bill passes

In our blog on 27 October 2014, we told you about the new changes to the Environmental Planning and Assessment Act 1979 (NSW) (Planning Act) that were proposed by the Environmental Planning and Assessment Amendment Bill 2014 (NSW). That Bill has now passed both Houses of Parliament, having received assent on 19 November 2014. Other…

New environment enforcement laws have now passed

In our blog on 2 September 2014 we told you to watch out for new environmental enforcement laws proposed by the Protection of the Environment Legislation Amendment Bill 2014. That Bill has now passed both Houses of Parliament, having received assent on 28 October 2014. That means that the proposed changes will shortly come into…

Keeping regular: water users anticipate ease of burden

The Water Management Amendment Act 2014 (NSW) was passed without amendment on 17 September 2014 and contains some important changes to how water is accessed and licensed in NSW. The amendments are intended to ease the regulatory burden on water users and assist the Government to meet challenges in managing the State’s water resources that have…

Contamination and contracts: managing risk

Last week, I received an email from a lawyer who said their client: “Will not accept responsibility or indemnify for Contamination that has occurred prior to the ‘Acquisition Date’. Under section 6 (s6) of the Contaminated Land Management Act 1997, responsibility for contamination or for any harm caused by contamination cannot be transferred by contract or…

Watch out for new environmental enforcement laws

The Protection of the Environment Legislation Amendment Bill 2014, introduced to the Legislative Assembly on 12 August, proposes to strengthen NSW environmental enforcement laws, and introduces the concept of ‘restorative justice’ into environmental enforcement. ‘Restorative justice’ is described in the second reading speech for the Bill as a process that: “brings together both an offender…

The Castle-style arguments

Recent cases on the Just Terms Act The iconic Australian satire The Castle follows an Australian family who successfully challenged a compulsory acquisition of their land. One of the arguments comically portrayed in the film was that the acquisition was against the ‘vibe’ of the law. Two cases recently handed down by the Land and…