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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…
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Bill to amend the Crown Land Management Act 2016
On 17 March 2026, the Crown Land Management Amendment (Statutory Review) Bill 2026 (the Bill) was introduced into Parliament to amend the Crown Land Management Act 2016 (CLM Act), the Commons Management Act 1989 and Crown Land Management Regulation 2018 (CLM Regulation)….
The Extent to Which Public Works Extinguish Native Title Claims
A decision handed down by the Federal Court in December 2025 provides crucial guidance on how the “undertaking of public works” can extinguish native title claims. The judgment is of particular importance to government agencies managing Crown lands who need…
Dedication of Land Without a Planning Agreement or s7.11 Condition
A recent decision of the Chief Justice of the Land and Environment Court has confirmed that a consent authority (which includes the Court on appeal) can grant consent to a subdivision of land where the proposed plan of subdivision indicates…
ALERT – Draft Housing and Productivity Contribution Scheme Works-in-Kind Guideline Released by NSW Government
The NSW Government has today released the proposed ‘Housing and Productivity Contribution Scheme Works-in-Kind Guideline‘ (Draft Guideline) and is inviting public submissions on it until 17 July 2025. The Housing and Productivity Contributions Scheme (HPC Scheme) is established under Subdivisions…
High Court Confirms Native Title is a Proprietary Right & Subject to Constitutional Guarantee of Just Terms Compensation
Aboriginal and Torres Strait Islander readers are advised this article contains the name of a deceased person. On 12 March 2025, the High Court handed down its landmark decision in the much-awaited native title case of Commonwealth of Australia v Yunupingu…
An easement that prevents a landowner’s reasonable use of land is not an easement
Every easement is a form of interference with the ordinary use of the servient land. However, a right cannot be an easement if it is so extensive that the landowner of the servient tenement is effectively ‘ousted’ from the land…
Half-width roads – What options are available to local councils?
A significant issue regarding the construction of precinct-planned roads in new development areas is the construction of half-width roads. Provision of new local roads In NSW, where a local council has identified particular local roads to service its wider area,…
REMINDER: When might interference with an easement be lawful?
Easements are interests in land that allow a person – usually the owner of specified land or a public authority – to use land which they do not own for a specific purpose such as access, drainage or water supply….
Overview of Revised NSW Local Planning Agreements Practice Note
The Department of Planning and Environment is publicly exhibiting a document titled ‘Local infrastructure contributions practice notes‘ (Draft VPA Practice Note) as part of its set of new infrastructure contribution practice notes. The Department is seeking feedback until Friday 23…
ALERT: Bill for Housing & Productivity Development Contributions Scheme Passed by Parliament
The Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 which was introduced into the NSW Legislative Assembly on 23 May 2023 was passed by Parliament on 28 June 2023. It is currently awaiting assent and will commence on…
Do positive covenants run with the land?
A recent case in the NSW Court of Appeal has considered whether a positive covenant for the payment of money that is registered on title runs with the land and is binding on successors in title. General rule in relation…