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…

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…

Water pollution: an illustrative case study from NSW

In NSW, ‘a person who pollutes any waters is guilty of an offence’[1]. Water pollution is broadly defined under the Protection of the Environment Operations Act 1993 (NSW) (POEO Act). As a result, defendants who are charged with water pollution offences generally plead guilty. In these circumstances, the Court is only required to consider relevant…

How do Australian environmental laws compare?

Have you ever considered how Australia’s environment and climate change laws compare to the laws of other countries? Understanding the differences between Australia’s environmental laws and the laws of other countries is important because: An increasing number of companies operating in Australia are also operating in other countries. Multi-national corporations will have environmental obligations in…

Demographic changes fuelling NSW planning reforms

Mccrindle’s infographic below provides a concise snapshot of the demographic changes emerging within Australia, which in turn are leading to planning reforms: In our earlier post on 11 February 2014, we advised that there were some new leadership roles being incorporated into the Department of Planning and Infrastructure’s organisational chart, including a Chief Demographer. A…

Planning in NSW – where to from here?

Following the dramatic climax at the end of last year for NSW’s planning reforms, many would be left wondering about the direction of the NSW Government’s planning reform agenda. Strong indications exist, however, through the Government’s activity during the end of year break as to where we are headed. Below we recap, and make observations…

Welcome to the Planning and Environment in NSW Blog

Here you’ll find a relevant and up to date commentary on matters associated with planning and environmental law within the State of NSW. Our contributors will share comments and links from relevant websites. You’ll also see their opinions on NSW’s planning and environmental statutes as well as the case law that interprets and applies these…