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…
In November 2024, a number of NSW courts issued a practice note on the use of generative artificial intelligence (Gen AI). On 12 February 2025, an updated Practice Note by the Land and Environment Court (LEC) on this topic commenced. Similar…
Availability of Judicial Review to Set Aside Construction Certificate Confirmed by Court of Appeal
14 Oct, 2024
Recent years have seen several developments in the law regarding the validity of instruments such as development consents, complying development certificates and construction certificates. We have blogged on many of these cases (see here and here for instance). The Court…
Failure to give proper regard to the standard instrument flood clause 5.21 leads to invalidity of consent
17 Sep, 2024
Section 5.21 of the Standard Instrument LEP requires the consent authority to be satisfied as to certain specific matters relating to flood function, behaviour, safety, evacuation and impacts on the environment. In a recent case, the Land and Environment Court…
The Court of Criminal Appeal has allowed an appeal against the Land and Environment Court’s decision in Environment Protection Authority v McMurray [2024] NSWLEC 6, finding that the special executive liability provisions in the Protection of the Environment Operations Act…
In April 2024 we wrote about a decision in the Land and Environment Court concerning a challenge to a development consent for an open cut silver, lead and zinc mine, which was State significant development (SSD). The consent was challenged…
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…
When making decisions in its ‘merit appeal’ jurisdiction (such as Class 1 and 2 Appeals), the Land and Environment Court (LEC) is vested with all the functions and discretions which the person or body whose decision is the subject of…
REMINDER: Deferred commencement conditions cannot overcome issues relating to the power to grant development consent
22 May, 2024
Both consent authorities and applicants frequently seek to address adverse impacts arising from a proposed development by way of deferred commencement conditions under s4.16(3) of the Environmental Planning and Assessment Act 1979 (EPA Act). While this may be a practical…
A Reminder from the LEC that there is no power to grant partial consent to a prohibited development
7 May, 2024
Section 4.16(4) of the Environmental Planning and Assessment Act 1979 (EPA Act) allows a consent authority to grant either total or partial consent to a development application, by granting development consent to either: the development for which the consent is sought,…
ALERT: New Practice Notes for Class 3 Proceedings
16 Apr, 2024
The Chief Judge of the Land and Environment Court has published two new Practice Notes (PNs) for Class 3 proceedings in the Land and Environment Court. The two new PNs will commence on 2 April 2024. The notes each relate…
The question of whether a consent authority has power to suspend the operation of an easement for the purpose of enabling development to be carried out in accordance with a development consent has again been the subject of consideration in…