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Changes to POEO (Noise Control) Regulations
The Protection of the Environment Operations (Noise Control) Regulation 2026 (2026 Noise Control Regulation) commenced on 28 August 2026, repealing and replacing the 2017 Noise Control Regulation. The 2026 Noise Control Regulation retains the framework for controlling common sources of…
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ALERT: Faster Assessments Incentive Program
The Department of Planning, Housing and Infrastructure has today published an update on the so-called Faster Assessments Incentive Program (FAIP) to accompany the Statement of Expectations Order 2026 (SOE Order) dated on 1 July 2026. The FAIP and the SOE…
ALERT: Statewide Community Consultation Plan now in effect
The Environmental Planning and Assessment Amendment (Planning System Reforms) Act 2025 continues to make significant changes to the development process in NSW. As of 1 September 2026, the reforms relating to community participation have commenced, and the statewide Community Participation Plan…
ALERT: Updates to native vegetation provisions from 31 August 2026
By 1 September 2026, two key changes will have been made to the implementation of the Local Land Services Act 2013 (the LLS Act), in particular with respect to the regulation of native vegetation clearing in certain non-urban areas of…
Federal Court assesses Compensation for Cultural and Economic Loss of Native Title arising from two Major Mining Projects
The Federal Court has further considered the principles of economic and cultural loss of native title in two recent decisions, Davey on behalf of the Gudanji, Yanyuwa and Yanyuwa-Marra Peoples v Northern Territory of Australia (No 5) (McArthur River Project…
What is a “reasonable excuse” for not complying with a clean-up notice?
Under s 91 of the Protection of the Environment Operations Act 1997 (POEO Act), an appropriate regulatory authority may give a person a clean-up notice requiring the person to take clean-up action in respect of a pollution incident. A person…
ALERT: Suite of National Environmental Protection Standards Introduced under the EPBC Act
On 21 August 2026, the Federal Government declared the commencement of four new National Environmental Protection Standards (NES) under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). The new NES comprise of the: National Environmental Standard (Matters of…
Where to from here? Legislative Assembly Committee releases report on Historical Development Consents
In July 2026, the NSW Legislative Assembly Committee on Environment and Planning (Committee) published the report on its inquiry into Historical Development Consents (Report). The Report deals with the issues raised by so called “zombie developments”, which the Committee finds…
Managing Coastal Hazards: the Permissibility of Coastal Protection Works on Private Land
Protecting beachfront properties from exposure to coastal erosion and hazards is an ongoing problem across much of the NSW coast and made worse by climate change. Recently, the Land and Environment Court (Court) considered whether development consent should be granted…
UPDATE: Building (Approvals and Practitioners) Bill Passed
In our article published on 22 June 2026 here, we discussed some of the reforms proposed in the Building (Approvals and Practitioners) Bill 2026 (Bill) in respect of prefabricated housing and amendments to the Environmental Planning & Assessment Act 1979…
Proposed New Councillor Conduct Framework
In 2025, the NSW government proposed amendments to the Local Government Act 1993 (LG Act) by way of the Local Government and Other Legislation Amendment (Councillor Conduct) Bill 2025 (Conduct Bill). The Conduct Bill proposed, amongst other things, escalation of…
Changes to Renewable Energy Planning Agreements Likely Coming in 2026
Voluntary planning agreements are frequently used by planning authorities, such as local councils, as the legal mechanism by which proponents of renewable energy projects share the benefits of those projects with the local community. Planning agreements for renewable energy projects…