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The new ‘FOGO’ recycling scheme for NSW
The Protection of the Environment Legislation Amendment (FOGO Recycling) Act 2025 (FOGO Act) has been passed by Parliament. This Act, which amends the Protection of the Environment Operations Act 1997 (POEO Act), mandates the collection of food organics and garden…
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Water Allocation Decision Under Water Management Act Upheld
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…
Low and Mid Rise Housing Policy Amendment to the State Environmental Planning Policy (Housing) 2021
As foreshadowed in our article on 23 February here, the State Environmental Planning Policy (Housing) Amendment (Low and Mid Rise Housing) 2025 (Amending SEPP) commenced operation on Friday 28 February 2025 to give effect to the second stage of the…
Review of the Companion Animals Act 1998
Yesterday, the NSW Government announced a review of the Companion Animals Act 1998 (CA Act). The CA Act sets out the duties and responsibilities of owners of companion animals and allows for enforcement action by local councils. The CA Act was…
ALERT: Targeted Review of the Roads Act 1993
The NSW Government has announced a targeted review of the Roads Act 1993 (Act) to ensure the Act is fit-for-purpose and adaptable for the future. Transport for NSW has developed an Issues Paper that outlines the process and intended scope…
ALERT: Second Stage of Low and Mid-Rise Housing Policy – Low and Mid-rise Housing Areas
The much anticipated low and mid-rise housing reform, the delivery of a second stage to the Low and Mid-Rise Housing Policy (Policy), is anticipated to commence on 28 February 2025. The reform is the second stage of the NSW Government’s…
ALERT: Amendments to the EPA Act introduced to NSW Parliament proposing housing targets, changes to concept development & affordable housing conditions, modification applications for the bare deletion of conditions & more
Yesterday, a Bill to amend the Environmental Planning and Assessment Act 1979 (Act) was introduced by the Minister for Planning and Public Spaces to NSW Parliament. The Minister stated that the Bill is to support the delivery of housing and…
ALERT: LEC Practice Note on Use of Generative AI by Parties, Objectors and Experts
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…
NSW Government releases the Industrial Lands Action Plan
On 24 January, the NSW Government released the Industrial Lands Action Plan (Plan). The Plan aims to establish a coordinated, statewide approach to planning, securing and managing the supply of industrial lands across NSW. In the Plan the term ‘industrial…
The New Tort of Serious Invasion of Privacy: What does it mean for authorities?
Until the passage of the Privacy and Other Legislation Amendment Act 2024 (Amending Act), there was no general right to privacy in Australia except as provided by the relevant privacy legislation (such as the Privacy and Personal Information Protection Act…
Use of public funds to support defamation litigation
By nature of their operations, local councils receive and control public funds for various purposes. Under the Local Government Act 1993 (LG Act), councils are required to follow principles of sound financial management, and ensure that their spending of public…
Land and Environment Court imposes record penalty for unlawful clearing of native vegetation
Late in 2024, the Land and Environment Court imposed record fines for the unlawful clearing of native vegetation in Secretary, Department of Planning, Industry and Environment v Ronald Lewis Greentree and Auen Grain Pty Ltd [2024] NSWLEC 131. Clearing of native…