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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…
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Reminders from the LEC: What constitutes the erection of a ‘Building’?
In two recent Commissioner decisions, the Land and Environment Court has again considered what constitutes a ‘building‘ for the purposes of the Environmental Planning and Assessment Act 1979 (EPA Act). The EPA Act defines a ‘building‘ as including ‘part of a…
Guidance from the LEC on Assessing Likely Impacts on Biodiversity Values – the relationship between the BC Act & the EPA Act
Part 7 of the Biodiversity Conservation Act 2016 (BC Act) which governs biodiversity assessment and approvals, prevails over the Environmental Planning and Assessment Act 1979 (EPA Act) or any instrument made under the EPA Act, to the extent of any…
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…
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…
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…