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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…
Major Projects Reform – Introduction of the Rapid Assessment Framework
In January 2021 we blogged on the State Government’s proposed Rapid Assessment Framework (RAF) for the regulation of State Significant Development (SSD) and State Significant Infrastructure (SSI). We set out in that blog the general scope of the proposed amendments…
Can compliance with planning controls be satisfied by deferred commencement conditions?
Section 4.16(3) of the Environmental Planning and Assessment Act 1979 (NSW) allows a consent authority to grant a ‘deferred commencement consent’. The subsection provides: ‘A development consent may be granted subject to a condition that the consent is not to…
Major Project Reforms – Rapid Assessment Framework Package
The NSW Department of Planning, Industry and Environment is currently exhibiting a package of proposed reforms to the Environmental Planning and Assessment Regulation 2000 (NSW) (‘EPA Regulation’) described as the ‘Rapid Assessment Framework Package’ for state significant projects.
Proposed reforms to the Education SEPP on exhibition
The NSW Department of Planning, Industry and Environment is currently exhibiting proposed reforms to the State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 (Education SEPP). The proposed amendments are part of the NSW Government’s Planning Reform Action…
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