In simple terms, the mechanisms established by the Clean Energy Act 2011 (Cth) to deal with climate change include establishing thresholds for greenhouse gas emissions and imposing unit shortfall charges measured in carbon units for emissions that exceed the threshold. This is what is commonly referred…
In response to ‘The Way Ahead for Planning in NSW? Issues Paper of the NSW Planning System Review’: (December 2011) (Review), the Independent Commission Against Corruption (ICAC) has prepared a submission entitled ‘Anti- Corruption Safeguards and the Planning System’, February,…
Today the Court of Appeal unanimously overturned the decision of Biscoe J of the Land and Environment Court regarding the requirements for security under planning agreements in Sweetwater Action Group Inc v Minister for Planning [2011] NSWLEC 106 . We have…
There is more to be said about the decision of Biscoe J in the Land and Environment Court in Sweetwater Action Group Inc v Minister For Planning [2011] NSWLEC 106 (7 July 2011) that was discussed in the In Focus…
The Land and Environment Court (Biscoe J) recently handed down its decision in Sweetwater Action Group Inc v Minister for Planning [2011] NSWLEC 106 (Sweetwater), a case that dealt with the question whether security provided under a planning agreement satisfied s93F(3)(g)…
In December 2008, the Rees government implemented a policy whereby the state would increase its contribution towards state infrastructure required in respect of new development from 25% of the cost of the infrastructure, to 50% of the cost of the…
On and from 25 February 2011, planning agreements will be given further legal force through amendments to be made to the Environmental Planning and Assessment Act 1979 (EPA Act) and the Environmental Planning and Assessment Regulation 2000 (EPA Reg). The…
It is now well established that a condition requiring a contribution under s94 of the Environmental Planning and Assessment Act 1979 cannot not be imposed on a modification application under section 96 of that Act (see Peter Duffield and Associates…