Introduction This is the first in a series of posts about sentencing principles in criminal prosecutions commenced by local councils and government departments. In prosecution proceedings, a defendant will be sentenced by the Court after they are found guilty of…
The Protection of the Environment Legislation Amendment (FOGO Recycling) Act 2025 (FOGO Act) has been passed by Parliament. This Act, which amends the Protection of the Environment Operations Act 1997 (POEO Act), mandates the collection of food organics and garden…
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…
Late in 2024, the Land and Environment Court imposed record fines for the unlawful clearing of native vegetation in Secretary, Department of Planning, Industry and Environment v Ronald Lewis Greentree and Auen Grain Pty Ltd [2024] NSWLEC 131. Clearing of native…
On Friday the Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Bill 2024 (Bill) was passed by NSW Parliament. The Bill will significantly amend the Biodiversity Conservation Act 2016 (BC Act) on a date to be proclaimed. The Bill follows a 2023…
On 21 October 2024, the National Health and Medical Research Centre (NHMRC) released its proposed amendments to the Australian Drinking Water Guidelines (Guidelines) for public consultation. The draft Guidelines recommend lower values for PFAS in drinking water and are an…
A Bill to reform the biodiversity offsets scheme (BOS) established by the Biodiversity Conservation Act 2016 (BC Act) was introduced to NSW Parliament today. The Bill is the NSW Government’s first step in delivering the NSW Plan for Nature, which acknowledged that…
The NSW Government has released its response to the statutory reviews of the Biodiversity Conservation Act 2016 (BC Act) and native vegetation provisions of the Local Land Services Act 2013 (LLS Act): the ‘NSW plan for nature’ (Response). Significant legislative…
The Department of Planning, Housing and Infrastructure (DPHI) in partnership with the NSW Rural Fire Service (RFS), is publicly exhibiting a draft Bush Fire Prone Land Package (Draft Package). When finalised, the Draft Package would require consideration of new policy…
The common law principle of “standing” determines whether a person is entitled to commence proceedings in a particular forum or in respect to a particular issue. Demonstrating a “special interest” in the subject matter of proceedings has generally been sufficient…
The Minister for Environment has released the Biodiversity Assessment Method 5-year review report (Report). The Biodiversity Conservation Act 2016 (BC Act) requires a review as soon as possible, 5 years after the Biodiversity Assessment Method (BAM) was first established. The…
On 1 March 2024, the Department of Planning, Housing and Infrastructure (Department) published Planning Circular PS 24-001 (Circular). The Circular provides an outline on the existing flood-related planning policies and provides further advice and information on flood matters for planning…