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ALERT: New Practice Notes for Class 3 Proceedings
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…
ALERT – NSW Parliamentary Inquiry into the ability of local government to fund infrastructure and services
The NSW Legislative Council’s Standing Committee on State Development recently announced an inquiry into the ability of local government to fund infrastructure and services. When announcing the inquiry, the Chair of the Committee, Emily Suvaal MLC, noted that: ‘Councils are…
Characterisation of agricultural land uses involving cultivation and processing – a reminder of the principles
Introduction In a recent decision, the NSW Court of Appeal once again considered the correct approach to the characterisation of land uses, in this case concerning agriculture. The Court dismissed an appeal from a judgment of the Land and Environment…
Interim Heritage Orders: When is an Item ‘likely to be harmed’?
Interim Heritage Orders (‘IHOs‘) are orders commonly made by local councils to preserve the status quo in respect to items of potential heritage value which are not formally protected as heritage items. In certain circumstances, IHOs can be a potentially…
Continued: New plans to make Sydney living more diverse & denser
The NSW Government has at last provided some detail of its proposed low and medium-density housing reforms, releasing the “Explanation of Intended Effect” for the proposed changes (‘EoE‘). The EoE is on public exhibition from 15 December 2023 to 23…
New plans to make Sydney living more diverse, denser & a new SEPP
In an effort to tackle the current housing affordability issues facing the State, the NSW Government has announced a new plan to increase housing diversity and housing density across the State. The Government proposes to amend existing planning regulations to…
Limitation Period on Recovery of Overpaid Rates
The New South Wales Court of Appeal has recently clarified the scope of a ratepayer’s ability to recover overpaid rates and, in particular, the breadth of the restriction on such recovery imposed by the Recovery of Imposts Act 1963 (RoI…
Court of Criminal Appeal considers when an environmental prosecution is time barred
A recent decision by the NSW Court of Criminal Appeal (‘CCA‘) confirms the principles of statutory interpretation and construction that apply to time limitations when commencing prosecutions under the National Parks and Wildlife Act 1974 (‘NPW Act’) and the Biodiversity…
Guidelines on the Withdrawal of Development Applications: meaningful response to the affordability crisis?
New South Wales, and indeed Australia more broadly, is in the midst of a housing affordability crisis. Successive state governments have pursued a range of changes and reforms to boost housing supply and affordability in NSW and, in that context,…
How much ‘disturbance’ is required before compensation is payable when land is compulsorily acquired?
Given the significant number of public infrastructure construction projects at all levels of government – and particularly with large projects such as Sydney Metro, Western Sydney Airport, and WestConnex – the law regarding the compulsory acquisition of rights and interests…
Reconsidering the roles of objectors and of Commissioners in conciliation conferences
The recent decision of the NSW Court of Appeal in McMillan v Taylor [2023] NSWCA 183, builds upon two matters which have become somewhat familiar judicial themes over recent years: the proper role of Commissioners of the Land and Environment…
Lack of Supply of Social and Affordable Housing in NSW: Reforms to Planning Laws and Strategies
Over the past month, there has been significant discussion on potential reforms that may best respond to the continuing issue of the lack of affordable housing in NSW, and the further projected demand for housing across the next 5 to…
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