[ IN FOCUS ]
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…
5
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…
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…
Certifier Series: Issues that arise where building work has been commenced without a Construction Certificate
This blog is part of our LTL in Focus: Certifier Series. The Certifier Series deals with questions, issues and changes affecting both private and local council certifiers. In this blog we discuss the issues that arise when building work is…
Certifier Series: Does a building information certificate enable a certifier to issue an occupation certificate?
This is the first blog in our LTL in Focus: Certifier Series. The Certifier Series will cover a range of questions, issues and changes affecting both private and local council certifiers. A key function of certifiers is to issue occupation…
Issues and difficulties arising from the interaction between development consents and approvals under s68 of the Local Government Act
Where a development is only permissible with a development consent under the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) and is also an activity under s68 of the Local Government Act 1993 (NSW) (LG Act), uncertainty often arises as…
Zombie Development: Acting on Old Development Consents
In recent years concerns have been raised by residents and environmentalists about ‘zombie’ housing estates in bushland areas along the NSW South Coast, including in the coastal towns of Manyana, Broulee and Tuross Head. The issue was back in the…
Environmental Law Reforms – New Offences, Powers and Penalties
The Environmental Legislation Amendment Act 2022 (Amendment Act) has come into force, making significant amendments to environmental protection legislation in NSW. This is our second blog on the Amendment Act. We previously discussed the imposition of new liabilities on current…
Environmental Law Reforms – New Liabilities for Directors and Related Companies
The Environmental Legislation Amendment Act 2022 (Amendment Act) has come into force, making significant amendments to environmental protection legislation in NSW. The Amendment Act primarily seeks to overcome practices that certain industry sectors, businesses and individuals have established to avoid…
Employee or independent contractor – High Court clarifies the test
Government at all levels frequently enters contracts with individuals as independent contractors rather than as employees. In construing whether these contracts achieve this intent the courts have tended to look at the whole of the relationship, not just the terms…
LEC Upholds IPC Approval of Narrabri Gas Project as Climate Change Litigation Takes Aim at Gas
Debate about the transition away from fossil fuels has recently focused in on plans for increased gas production, with Santos’ Narrabri Gas Project (Project) being a key feature of the NSW Government’s plans for the future of gas production in…
Clinging to Coal: KEPCO Bylong appeals to High Court after Third Project Refusal
KEPCO Bylong Australia Pty Ltd (KEPCO) will seek special leave to appeal to the High Court following the third refusal of the Bylong Coal Project by the NSW Court of Appeal last month. In this blog, we look at the…