The Full Court of the Federal Court has confirmed that in circumstances where land may be subject to the Environmental Protection and Biodiversity Conservation Act 1999 (‘EPBC Act‘), the Federal Minister for Environment (‘Federal Minister’) has no power to prohibit the…
View Sharing and Rights to Views
The Courts have acknowledged that views from a person’s home can have considerable value. However, that does not mean that a person has the power to protect and maintain their view as a legal, proprietary right.
The Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015 (‘Amending Act‘) commenced on 13 November 2015, introducing a host of changes to the Local Government Act 1993 which, according to the Minister, are designed to build on earlier reforms by…
Shortly after the Minister for Planning spoke at the NSW Coastal Conference this morning, the Government released its much-anticipated reform package for the management of the NSW coastline (Reform Package). The public consultation period in respect of the Reform Package runs until 29…
Outline of the Future Greater Sydney Commission
The recent introduction of the much anticipated Greater Sydney Commission Bill 2015 [NSW] (Bill) provides clarity as to the exact role the future Greater Sydney Commission (GSC) will play in the NSW planning system and establishes a new structure for strategic planning…
The Land and Environment Court has recently stated in Community Action for Windsor Bridge Inc v NSW Roads and Maritime Services & anor [2015] NSWLEC 167 that State significant infrastructure may be described and approved with considerable generality and flexibility.