[ IN FOCUS ]
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…
4
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…
ALERT: New Discussion Papers on Development Assessment and Conditions of Consent
On 2 July 2026, the NSW Government released two consultation papers: the Improving Development Assessment Discussion Paper (DA Discussion Paper) and the Standard and Model Conditions of Consent: Explanation of Intended Effect (Conditions EIE). Each addresses a familiar aspect of…
Expert Evidence in Judicial Review Proceedings
Ordinarily in judicial review proceedings, evidence which was not before the original decision-maker cannot be relied on to challenge the validity of the relevant decision. This is because judicial review is concerned only with the lawfulness of a decision and…
Is a registered VPA an “interest” in land?
It is common that Voluntary Planning Agreements (VPAs) will be registered on the title to the land to which they relate. The Environmental Planning and Assessment Act 1979 (EPA Act) expressly provides for registration and states that a VPA which…
Draft Statements of Reasons and board communications – does legal professional privilege apply?
The preparation of a statement of reasons is a common part of the making of many administrative decisions. As part of our work advising state and local government decision makers, we are often asked to review drafts of the statement…
Access to public roads – an absolute right?
In a recent decision, the NSW Supreme Court considered the nature and extent of the common law and statutory entitlement of a landowner to access a public road adjoining their land. The case concerned an alleged obstruction preventing the landowner…
Switching off covenants and restrictions – revisiting the operation of clause 1.9A
A recent decision of the NSW Supreme Court provides a timely example of the operation of clause 1.9A – a clause contained in many LEPs which can operate to suspend or override restrictive covenants. Relevantly, clause 19.A(1) provides: (1) For…
Dedication of public roads- a recent illustration of the principles
Under the Roads Act 1993, the procedures for dedicating land as a public, or identifying land historically created as a public road, are clear and relatively simple. However, it was not always so. In particular, before the creation of the…
Prosecution powers of the Food Authority resolved
A recent decision of the NSW Supreme Court, in which LTL were pleased to act for the prosecutor, resolved a longstanding question about the ability of the NSW Food Authority to commence criminal proceedings in its own name for breaches…
ALERT: Planning System Reforms Bill passes both Houses of Parliament
Yesterday, the Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025 (Bill) was passed by the New South Wales Parliament. Since the first text of the Bill was released, a number of amendments have been made to the text of the…
UPDATE – Significant reforms proposed to the EPA Act
The full text of the state government’s proposed Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025 has now been released. In our “Alert” blog about the announcement of the Bill, we noted that the government had announced what appeared…