In May 2020, as an emergency measure in response to the COVID-19 pandemic, section 8.10 of the Environmental Planning and Assessment Act 1979 (EPA Act) was amended to insert provisions that allowed 12 months for an appeal to be commenced in the…
Court of Appeal reinstates broad council immunity from liability for planning certificates
7 Mar, 2022
The Court of Appeal has unanimously allowed both appeals against the decision of the NSW Supreme Court in Lorenzato v Burwood Council [2020] NSWSC 1659. The Supreme Court had held that the Council was liable to the purchaser of a…
The use of evidence that may incriminate – Investigative powers under the POEO Act considered by the Court
16 Feb, 2022
In a recent decision of the NSW Land and Environment Court (Court), the Court considered how investigative powers under the Protection of the Environment Operations Act 1997 (POEO Act) can be used to gather a broad range of evidence and…
LEC Upholds IPC Approval of Narrabri Gas Project as Climate Change Litigation Takes Aim at Gas
20 Dec, 2021
Debate about the transition away from fossil fuels has recently focused in on plans for increased gas production, with Santos’ Narrabri Gas Project (Project) being a key feature of the NSW Government’s plans for the future of gas production in…
The Land and Environment Court of NSW (‘Court’) has updated its COVID-19 Pandemic Arrangements Policy (‘Policy’). The Policy commenced Wednesday, 1 December 2021 and replaces the previous policy made on 6 April 2021. A summary of the key changes are…
KEPCO Bylong Australia Pty Ltd (KEPCO) will seek special leave to appeal to the High Court following the third refusal of the Bylong Coal Project by the NSW Court of Appeal last month. In this blog, we look at the…
Subdivisions and Development Standards
18 Jul, 2021
In the recent case of Elimatta Pty Ltd v Read and Anor [2021] NSWLEC 75, Robson J of the Land & Environment Court found that the criteria to be met in a clause of the Yass Valley Local Environmental Plan…
After a number of weeks of uncertainty, the State Government has now amended the Environmental Planning & Assessment Regulation 2000 (EPA Reg) to ensure that a modification application made under s4.55 of the Environmental Planning & Assessment Act 1979 (EPA…
UPDATED: A Further Development – Power to amend a Modification Application made directly to the LEC
7 Jul, 2021
In an earlier post, we blogged about changes in the law that now mean there is no power in either a consent authority, or the Land & Environment Court on appeal, to amend a modification application made directly to the…
Consent authorities assessing applications to modify development consents, usually under s 4.55 of the Environmental Planning and Assessment Act 1979 (EPA Act), have generally assumed that they could accept an amended form of the modification application. However, a recent decision…
UPDATE: Court of Appeal overturns LEC decision on dominant use of land ‘mining’ for rating purposes
13 May, 2021
In June 2020, we blogged about a decision of the Land and Environment Court (LEC) which significantly raised the rating liability for mining companies that ‘hold’ land for mining purposes under the Local Government Act 1993. Since then, the landowner…
Land and Environment Court considers what constitutes the wilful delay or obstruction of an authorised officer
12 May, 2021
The Land and Environment Court’s decision in McClelland v Environment Protection Authority [2021] NSWLEC 25, considers what constitutes the wilful delay or obstruction of an authorised officer in the exercise of the officer’s powers of investigation, contrary to s211(3) of…