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…
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…
The Environmental Planning and Assessment Amendment Bill 2017 (‘Bill‘) was 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…
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…
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and Grant Wesley Turnbull a combined $708,750 for two offences of clearing vegetation in contravention of the now repealed Native Vegetation Act 2003 (‘NV Act‘).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…