In Hunter Environment Lobby Inc v Minister for Planning & Anor [2011] NSWLEC 221, Pain J in the Land & Environment Court determined an appeal on the merits broughtby an environmental lobby group against an approval granted by the Minister under Part 3A of…
The Environment Protection and Biodiversity Conservation Amendment (Protecting Australia’s Water Resource) Bill 2011 was introduced into the Senate on 1 November 2011. The purpose of the Bill is to amend the Environmental Protection and Biodiversity Conservation Amendment Act 1999 (EPBC…
On 24 August 2011, the Federal Government announced that it will significantly reform national environmental laws in response to an independent review of the Environment Protection Biodiversity Conservation Act 1999 (Cth) (Act) prepared by Allan Hawkes AC in October 2009.
Council prosecuted in relation to threatened species
The recent prosecution of a council regarding threatened species emphasises the need for councils to have in place robust environmental systems, procedures and instructions to ensure that harm to the environment does not occur when performing routine public works.
Compliance Cost Notice Provisions Have Commenced
Councils and other issuing authorities may now recover their reasonable costs of monitoring and ensuring compliance with orders given under s121B of the Environmental Planning and Assessment Act 1979. The amendments commenced on 25 February 2011. To recover these costs,…
Councils will soon have the option of participating in a scheme to encourage upgrades of existing commercial and large strata residential buildings which will improve the energy, water and environmental efficiency or sustainability of the buildings. The scheme will be…
Section 193 of the Protection of the Environment Operations Act 1999 (POEO Act) enables an authorised officer to require a person to furnish to the officer with information or records (or both) in connection with any matter within ‘the responsibilities…
Councils’ Powers To Fell Trees Overhanging Roads
The Land and Environment Court has confirmed that councils have power to remove or lop trees and other vegetation that are on or overhanging a public road if, in the council’s opinion it is necessary for the purpose of carrying out…