UPDATE: On 6 April 2022, the Minister for Planning and Minister for Homes Anthony Roberts announced that, following public exhibition, the NSW government will not be introducing the Design and Place State Environmental Planning Policy. The Minister has advised that…
On 20 December 2021, NSW Premier Dominic Perrottet revealed the second Perrottet ministry for the State government. The details of the updated cabinet have been published in a Government Gazette which can be accessed here. This major cabinet reshuffle marks…
LEC Upholds IPC Approval of Narrabri Gas Project as Climate Change Litigation Takes Aim at Gas
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…
On 2 December 2021, the NSW Government (Government) published 11 new thematic State Environmental Planning Policies (SEPPs) as part of a consolidation process to simplify the State’s planning policies. All 11 consolidated SEPPs will commence on 1 March 2022. From…
After little more than a week since its introduction, the National Parks and Wildlife Amendment Bill 2021 (‘Bill‘) has passed through the NSW Parliament. The Bill will change the way national parks and other terrestrial protected areas are managed in NSW,…
Signing legal documents remotely in NSW
New legislation in New South Wales now allows legal documents such as wills, statutory declarations and affidavits to be signed and witnessed remotely. The new legislation removes the need for clients to physically attend their solicitor’s office to execute documents….
ALERT: BASIX Higher Standards on Public Exhibition
Proposed increases to Building Sustainability Index (‘BASIX‘) requirements have just been released by the DPIE for public consultation (‘Higher Standards‘). The consultation period closes on 17 January 2022. BASIX is a scheme created by the Environmental Planning and Assessment Regulation…
On 28 October 2021, the NSW Government released several documents as part of the infrastructure contributions reform package for public consultation. These documents include: Environmental Planning and Assessment Amendment (Infrastructure Contributions) Regulation 2021 (‘Amendment Regulation‘). Environmental Planning and Assessment (Local…
‘Avoid, minimise, offset’ and SAII under the Biodiversity Conservation Act 2016: more teeth than appreciated?
Recent cases demonstrate that there is currently a poor appreciation of proponents’ obligations to prioritise biodiversity avoidance and minimisation measures before resorting to offsets under the NSW Biodiversity Offsets Scheme (BOS). Also, in a potentially very significant development, the Court…
Community land schemes are important forms of land title. They create schemes where lot owners in the scheme share the use and maintenance costs of common facilities, be they farm dams or private roads. According to NSW Fair Trading, ‘[i]n…
The New NSW Alfresco Dining Regime
As we all look forward to returning to our local restaurants, pubs and cafes the NSW Government has released their ‘Alfresco Restart Package’. Included in the Alfresco Restart Package are changes to the planning rules to enable premises across the…
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…