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Draft National Environmental Standards out for public consultation
The passing of the Environment Protection Reform Bill by the Commonwealth has introduced major changes to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). As discussed in our earlier post here, these reforms include a new power…
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ALERT: Some Planning System Reforms Commence
On 15 December 2025, amendments to the Environmental Planning & Assessment Act 1979 (EPA Act) by the Environmental Planning and Assessment Amendment (Planning System Reforms) Act 2025 (Planning System Reforms Act) commenced. Transitional and saving arrangements have also come into effect under the Environmental…
Australian Parliament Passes Environment Protection Reform Bill
On 28 November 2025, Parliament passed reforms to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). This completes a suite of reforms that represent the most significant overhaul of Australia’s environmental laws since the commencement of the EPBC Act…
REMINDER: Restrictions to the use of Gen AI in the preparation of affidavits, witness statements & character references
The NSW Supreme Court, Land and Environment Court, and District Court have adopted practice notes on the use of generative artificial intelligence (Gen AI) in the preparation of evidentiary material and expert reports (Practice Note). As the use of Gen…
ALERT: List of Activities Exempt from Requiring State Heritage Approval Expanded to Include the Installation of Solar Panels and More
The Minister for Environment and Heritage has published a renewed list of activities that are exempt from requiring approval from the Heritage Council of NSW. In particular, this includes the installation of energy saving and sustainable technologies such as solar…
Deferred commencement conditions – Does the consent authority have to be satisfied ?
Painters Lane Developments sought declaratory relief that the deferred commencement conditions in a development consent for a 20-storey mixed-use development in Gosford had been satisfied and the consent had not lapsed. The deferred commencement condition 1.1(b) required: “Written permission and…
ALERT – New Planning Circular regarding Consultation on Conditions of Consent
On 7 April 2025, the Department of Planning, Housing and Infrastructure (Department) issued a new Planning Circular (PS 25-001) titled ‘Best practice consultation of draft conditions of consent prior to determination’ (Conditions Circular). The Conditions Circular has been prepared following…
Water Allocation Decision Under Water Management Act Upheld
In a significant decision for water resource management in New South Wales, the Land and Environment Court recently dismissed a challenge to the Minister’s reduction of water allocations for supplementary licences in the Lower Namoi Regulated River Water Source. The…
ALERT: Targeted Review of the Roads Act 1993
The NSW Government has announced a targeted review of the Roads Act 1993 (Act) to ensure the Act is fit-for-purpose and adaptable for the future. Transport for NSW has developed an Issues Paper that outlines the process and intended scope…
ALERT: LEC Practice Note on Use of Generative AI by Parties, Objectors and Experts
In November 2024, a number of NSW courts issued a practice note on the use of generative artificial intelligence (Gen AI). On 12 February 2025, an updated Practice Note by the Land and Environment Court (LEC) on this topic commenced. Similar…
The New Tort of Serious Invasion of Privacy: What does it mean for authorities?
Until the passage of the Privacy and Other Legislation Amendment Act 2024 (Amending Act), there was no general right to privacy in Australia except as provided by the relevant privacy legislation (such as the Privacy and Personal Information Protection Act…
Breach of the Information Protection Principles by Fire and Rescue NSW
By nature of their operations, public sector agencies and organisations possess personal information provided by their employees and the general public they serve. While much community focus has been placed on protecting data stored digitally, agencies must ensure compliance with…