Let’s talk about going green: Call for submissions on draft Greener Places Policy

The Government Architect of NSW is currently seeking submissions on the draft policy Greener Places: Establishing an Urban Green Infrastructure Policy for New South Wales (‘Greener Places‘) which seeks to guide the planning and the delivery of the State’s network of green spaces and natural and semi-natural systems including parks, rivers, bushland and private gardens (collectively termed ‘green infrastructure’).

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Changes made to Advertising in Transport Corridors and on Trailers

The NSW Government has amended State Environmental Planning Policy No 64 – Advertising and Signage (‘SEPP 64‘) and introduced new penalty notice offences into the Environmental Planning and Assessment Regulation 2000 (‘EPA Reg‘)

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New Primary Production and Rural Development SEPP

The Department of Planning and Environment (DPE) is currently seeking submissions on proposed changes to the existing planning controls governing primary production and rural development. The proposed changes are set out in the Primary Production and Rural Development – Explanation of Intended Effect (EIE).

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The Primacy of a Construction Certificate

The  NSW Court of Appeal has reversed a decision of the Land and Environment Court which limited the extent to which a construction certificate could override the terms of a development consent.

In Bunderra Holdings Pty Ltd v Pasminco Cockle Creek Smelter Pty Ltd (subject to Deed of Company Arrangement) [2017] NSWCA 263, the Court of Appeal effectively held that, irrespective of the conditions of a development consent, where there is an inconsistency between those conditions and the approved construction certificate plans and specifications, the construction certificate plans and specifications will override any inconsistent conditions.

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ALERT – Environmental Planning and Assessment Amendment Bill 2017 passed by Parliament

The Environmental Planning and Assessment Amendment Bill 2017 (‘Billwas today passed by the Legislative Assembly. This follows the passage of the Bill through the Legislative Council on Tuesday.

The Bill now awaits Royal Assent.  Section 2 of the Bill provides that the new legislation will commence on a day or days to be appointed by proclamation. Continue reading

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Changes to the Catchment SEPP – A new test for ‘continuing development’ and water quality

The New South Wales Government has assented to new legislation that amends both the Environmental Planning and Assessment Act 1979 (‘EPA Act‘), and the State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 (‘Catchment SEPP‘).

The Environmental Planning and Assessment Amendment (Sydney Drinking Water Catchment) Bill 2017 (‘Amending Bill‘) commenced on 13 October 2017, and circumvents the Court of Appeal decision in 4nature Incorporated v Centennial Springvale Pty Ltd [2017] NSWCA 191 (see our previous blog) to create a new test for determining whether the carrying out of development on land in the Sydney drinking water catchment will have a neutral or beneficial effect on water quality.

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The Court orders combined fines of $708,750 for the illegal clearing of native vegetation

On 24 October 2017 the Land and Environment Court convicted and fined Cory Ian Turnbull and Grant Wesley Turnbull a combined $708,750 for two offences of clearing vegetation in contravention of the now repealed Native Vegetation Act 2003 (‘NV Act‘).

These monetary penalties are a strong message that the Court views these offences seriously. In this post, we consider the new land clearing laws in light of the two convictions.

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ALERT – Amendments to the EP&A Act – Environmental Planning and Assessment Amendment Bill 2017

On 18 October 2017, the NSW government introduced the Environmental Planning and Assessment Amendment Bill 2017 (‘Planning Bill‘) into Parliament.  The Planning Bill substantially amends the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) in a number of important respects. This blog takes a look at some of the more major changes proposed in the Planning Bill. Continue reading

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