The Court of Appeal has clarified what the word ‘land‘ means in the context of s57(1)(e) of the Heritage Act 1977 (Act) which requires approval to be obtained before development is carried out ‘in relation to the land’ on which a State heritage…
Two recent Land and Environment Court decisions have considered what constituted the land on which a heritage item is situated, and what constituted the land on which an extractive industry was being carried out. The cases remind us that the Court will not consider…
A significant decision for the interpretation of the Heritage Act 1977 (‘Act‘) was recently made by the Land and Environment Court (‘Court‘) in Millers Point Community Assoc. Incorporated v Property NSW [2017] NSWLEC 92. The Court considered the decision of the Minister for Heritage…