It has been claimed that artificial light at night is the fastest growing pollutant in the world. And whether or not that is demonstrably the case, it does seem that relatively little has been written about how law and policy…
ALERT: Consultation deadline approaching for the EPA’s updated Noise Guide for Local Government
The NSW Environment Protection Authority (EPA) recently released for public consultation an updated Noise Guide for Local Government in draft form (Updated Guide). The Updated Guide is intended to replace the current Noise Guide for Local Government (Current Guide), which has…
EPA ordered to develop policies and guidelines to protect environment from climate change
In a significant recent decision, the Land and Environment Court has ordered the NSW Environment Protection Authority (‘EPA‘) to develop environmental quality objectives, guidelines and policies to ensure the protection of the environment from climate change. The case was brought by…
Proposed reforms to the Environmental Planning and Assessment Regulation 2000: Further Observations
In an earlier post, we alerted readers that on 5 August 2021 the Department of Planning, Industry and Environment (DPIE) released for public consultation the draft Environmental Planning and Assessment Regulation 2021 (Draft EPA Reg). The Draft EPA Reg is…
ALERT: Exhibition Draft of the Proposed Environmental Planning and Assessment Regulation 2021
On 5 August 2021, the Department of Planning, Industry and Environment (‘DPIE’) released for public consultation the draft Environmental Planning and Assessment Regulation 2021 (‘Draft EPA Regulation‘), which is intended to replace the Environmental Planning and Assessment Regulation 2000 (‘EPA Regulation 2000‘). The…
UPDATE – Amendments to flood prone land use regulations and controls commencing in July 2021
Last year, we blogged about the exhibition of the NSW Department of Planning, Industry and Environment (Department)’s proposed updates to the regulations, directions, guidelines and policies relevant to flooding and flood-related constraints in land use planning (‘Flood Prone Land Package‘)….
Court clarifies the meaning of ‘pollution’ and finds civil liability for downstream erosion
Justice Preston, Chief Judge of the Land and Environment Court of New South Wales, recently issued judgment against the Sydney Water Corporation (Sydney Water) in proceedings brought by JK Williams Staff Pty Ltd (Williams) for the significant erosion of the…
ALERT: NSW Heritage Act Review and Discussion Paper
On 7 April 2021, the NSW Government announced a major review of the Heritage Act 1977 (‘the Act‘). This review is the first since 2007. Major reforms to the Act have not been made since 1999.
Conflicting Proposals for Reforms to the EPBC Act: Is the end of Bilateral Agreements in sight?
Reforms are proposed to the federal Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). On 29 October 2019, the Minister for the Environment, the Hon. Sussan Ley MP, commissioned the second Independent Review of the EPBC Act. Professor Graeme…
In recent years, biosecurity has been a salient topic among policymakers and practitioners. The global COVID-19 pandemic, as well as the accelerated biodiversity loss attributed to the arrival and spread of new species, have only served to highlight the importance…
State Environmental Planning Policy (Coastal Management) 2018 (NSW) (SEPP) imposes restrictions or requirements on development occurring in four ‘coastal management areas‘, namely: Coastal wetlands and littoral rainforests area Coastal vulnerability area Coastal environment area Coastal use area. Together, and under…
Time limited conditions of consent can be used to restrict the period within which a development consent operates, and may be used as a tool to allow for the occupation of coastal lands until they are compromised by coastal hazards….