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Inside track: Planning, Environment & Sustainability

19 February 2020

#Planning, Environment & Sustainability

Inside track: Planning, Environment & Sustainability

In the media

Stockland strikes $75m CEFC deal
Property developers dedicated to improving their assets energy efficiency will help better environmental outcomes, provide economic advantages to their own business, and supports thriving, resilient communities Stockland chief executive Mark Steinert said (07 February 2020).  More...

No conflict between sustainability and profitability, say Aussie entrepreneurs
Making good environmental and social decisions doesn’t have to be at the expense of business success or profitability, according to a panel of sustainability-minded Aussie entrepreneurs (06 February 2020).  More... 

PIA declare climate emergency
The Planning Institute of Australia (PIA) has declared a climate emergency, saying that now, more than ever, planners have a responsibility to integrate planning for climate change into their work. This declaration aligns with PIA’s national position statement, Planning in a Changing Climate (2015), and its more recently adopted target (05 February 2020).  More...

Counting the cost of habitat lost
The Department of the Environment and Energy has released a list of threatened and migratory species which have lost more than 10 per cent of their habitat in the recent bushfires. Department scientists and officials are working with states and territories, scientific experts and the new Wildlife and Threatened Species Bushfire Recovery Expert Panel to improve the mapping and determine the likely response of species to fire (03 February 2020).  More...

Extension to Environment Act review
The independent reviewer of Australia’s Environment Protection and Biodiversity Conservation Act, Professor Graeme Samuel, has extended the deadline for submissions to the review in the wake of the bushfire emergency (03 February 2020).  More...

30-year-old Lands Act to be reclaimed
The Department of Finance is to review the Lands Acquisition Act 1989 (LAA), the key piece of legislation used by the Commonwealth to acquire and dispose of interests in land (27 January 2020).  More...

NSW

Major reform to Independent Planning Commission following extensive review
The State’s Independent Planning Commission will be overhauled, following an extensive review by the NSW Productivity Commission. Planning and Public Spaces Minister Rob Stokes said the NSW Government had accepted all of the review’s recommendations (01 February 2020).  More...

Petition powerless in NSW planning revamp
Recommendations from an extensive review into the IPC - which even questioned whether the commission should exist - have been accepted in full, planning minister Rob Stokes. A key change will be doubling to 50 the number of community objections required to cause a major project to be referred to the IPC (01 February 2020).  More... 

Wildlife and conservation bushfire recovery
Native animals and plants impacted by this season's unprecedented bushfires will receive expedited help under the NSW Government's 2019-2020 immediate response bushfire conservation plan (02 February 2020).  More... 

Premier announces NSW independent bushfire inquiry
Premier Gladys Berejiklian has announced an independent expert inquiry into the 2019-20 bushfire season to provide input to NSW ahead of the next bushfire season (30 January 2020).  More...

Queensland

Craft brewery being served up opposite the Gabba
The Gabba punters will have a new place to slake their thirst after a craft brewery close by was approved by Brisbane City Council (08 February 2020).  More...

Mount Lofty Defence housing plan ignites debate on loss of koala habitat to development
A petition to stop the development of known koala habitat on Queensland's Darling Downs has garnered 95,000 signatures, with experts accusing the Federal Government of 'reckless profiteering' (07 February 2020).  More...

Adani pleads guilty to giving 'false or misleading documents to an administering authority', fined $20k
Mining giant Adani has been fined $20,000 after pleading guilty to providing false or misleading information to Queensland's environmental regulator. No conviction was recorded against the company Adani Mining Pty Ltd, in the Brisbane Magistrates Court (06 February 2020).  More...

How heritage-listed Fortitude Valley pub might transform
An application to alter aspects of Brisbane hotel Alfred & Constance has been submitted to the Brisbane City Council (31 January 2020).  More...

Locals air concerns ahead of Burleigh Pavilion hotel application decision
Owners of the southern Gold Coast icon are seeking to change its approved land use, and residents fear that could open the door for poker machines and early-morning trade (29 January 2020).  More...

In practice and courts

Announcements, Draft Policies and Plans released 2019

NSW

Increasing resilience to climate change grants
The Grants program supports projects that help communities to take action and manage climate change impacts by being able to better plan, prepare for, and respond to heatwaves, storms, floods, drought and bushfires, to increase their resilience to the impacts of climate change. The Climate Change Fund is providing grants between $10,000 and $30,000 for individual projects. To lodge an application, please go here. Submissions closes on 28 February 2020. 

Western Sydney aerotropolis planning package
The Western Sydney Planning Partnership (Planning Partnership) has the responsibility for delivering the Final Plan and Precinct Plans within the Western Sydney Aerotropolis to the Minister for Planning and Public Spaces. Notification ends 28 February 2020.

Queensland

Gold Coast City Plan amendments: Second round consultation
A second round of consultation is being undertaken on proposed amendments to the Gold Coast City Plan.  The changes aim to incorporate feedback from the first round of consultation. Major changes from the amendments proposed during the initial round of consultation have been made in the following areas: Height and Density; Built form and Urban Design; targeted growth areas; Growth and diversification of employment; Environmental mapping; Land use changes and alignment approvals. To find out more about the proposed amendments or provide feedback, please click here.

Brisbane City Council: Draft Central Park Masterplan
The draft plan is now out for public consultation following the release of five creative concepts from architecture and planning firms last year. The Victoria Park concept plan is now open to the public until 28 April on the Brisbane City Council’s website.

Cases

NSW

Williams v Shellharbour City Council [2020] NSWLEC 3
SEPARATE QUESTION - subdivision - proposed community title subdivision - land zoned partially E3 and partially RU2 - heritage items located on the land - minimum allotment size requirements in local environmental plan - application refused by Council as not consistent with minimum allotment size requirements in local environmental plan - special provision governing development on land with heritage items - applicability of provision to proposed subdivision - provision not applicable to proposed subdivision - proposed subdivision prohibited - appeal dismissed - development application refused

Queensland

MGT Minerals Pty Ltd v Dunn & Ors [2020] QLC 5
ENERGY AND RESOURCES – MINERALS – COURTS OR TRIBUNALS EXERCISING JURISDICTION IN MINING MATTERS – QUEENSLAND – where an application was made to amend an environmental authority to expand tin mining operations – where an objection was made to the application – where, after considering the objection, a draft environmental authority was issued with both standard and site-specific conditions – where the Court found, inter alia, that the draft environmental authority was sufficient to minimise harm to the environment – where the Court recommended that the Department approve the amendment subject to an amendment of the date in various conditions. Environmental Protection Act 1994 Qld s 3, s 173(1), s 176(2), s 176(3), s 185, s 190(1), s 191, s 523, sch 2 pt 1; Mineral Resources Act 1989 Qld s 269(4)

Legislation

NSW

Regulations and other miscellaneous instruments
Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Amendment (Bush Fire Response) Regulation 2020 (2020-31) — published LW 5 February 2020

Environmental Planning Instruments
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Bush Fire Response) 2020 (2020-30) — published LW 31 January 2020

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

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Peter Holt

Peter Holt

Special Counsel

Sydney

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Gerard Timbs

Gerard Timbs

Partner

Brisbane

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