A director of Sydney Drum Machinery Pty Ltd was charged with the commission of two offences against the provisions of the Protection of the Environment Operations Act 1997 on the basis that the company had, without reasonable excuse, failed to comply with two (2)…
The NSW Government has released for public consultation a draft ‘New Wind Energy Planning Framework’ (Draft Framework) for large-scale wind energy facilities, which aims to increase investment in wind energy in the state, whilst balancing the needs of the community.
On 3 May 2016, the government announced a consultation package for a new system of land management and conservation of native plant and animal species in the State. The package is ‘designed to create a new system that improves both environmental outcomes and the…
The Government has taken its next step in implementing its reform package for the management of the NSW coastline by introducing the Coastal Management Bill 2016 (Bill) into Parliament. The Bill, once it commences, will replace the current Coastal Protection Act 1979 (CP Act).
Statutory time limitation for a prosecution leads to dismissal of charges after defendant pleads guilty
16 Dec, 2015
The recent decision of the Land and Environment Court (Court) in Willoughby City Council v Screnci [2015] NSWLEC 192 (Screnci) provides a salient reminder of the importance of statutory limitation periods imposed for the commencement of criminal prosecutions. Such limitations…
An LEP is not an ‘action’ for the purposes of the Environmental Protection and Biodiversity Conservation Act 1999
30 Nov, 2015
The Full Court of the Federal Court has confirmed that in circumstances where land may be subject to the Environmental Protection and Biodiversity Conservation Act 1999 (‘EPBC Act‘), the Federal Minister for Environment (‘Federal Minister’) has no power to prohibit the…
Shortly after the Minister for Planning spoke at the NSW Coastal Conference this morning, the Government released its much-anticipated reform package for the management of the NSW coastline (Reform Package). The public consultation period in respect of the Reform Package runs until 29…
Vulture Mineral Ltd’s controversial iron ore mine in the Tarkine region of north-western Tasmania has been given the go-ahead by the Full Federal Court of Australia. The Court’s decision in Tarkine National Coalition v Minister for the Environment [2015] FCAFC 89…
Court upholds Council’s right to seek remedial orders by class 4 proceedings following a criminal prosecution
13 Sep, 2015
In a recent decision of the Land and Environment Court, Justice Craig held that a Council, dealing with unlawful development contrary to the Environmental Planning and Assessment Act 1979 (EPA Act), is not required to choose between a criminal prosecution for the breach,…
Recommendations for change to the 10/50 Vegetation Clearing Entitlement Scheme released by NSW Government
14 Aug, 2015
The NSW Government has released the long awaited report into the review of the 10/50 Vegetation Entitlement Scheme(Scheme). The report follows extensive public consultation that resulted in over 3500 submissions being considered. The report contains 30 recommendations that have been…
Flawed water model – not sufficient for High Court to intervene in long running water dispute
28 Jul, 2015
An application for special leave to appeal the Court of Appeal’s decision in Arnold v Minister Administering the Water Management Act 2000 [2015] HCASL 115 (‘Arnold‘) has been rejected by the High Court. The Arnold decision determined that the NSW…
Newly re-elected Premier Mike Baird has undertaken a cabinet reshuffle resulting in new Ministers for the Environment and Planning. Rob Stokes, the former Minister for the Environment, is the new Minister for Planning and Mark Speakman, new to the cabinet,…