Breellen Warry

25 November 2020 - Knowledge

NSW Government Bulletin

#Government

Does the Court have the power to grant an easement over community land? A recent decision of the Court of Appeal suggests that it may not. In this article, we look at the decision of the Court of Appeal in Aussie Skips Recycling Pty Ltd v Strathfield Municipal Council [2020] NSWCA 292.

10 November 2020 - Knowledge

Director liability for environmental offences

#Planning, Environment & Sustainability

We look at the categories of executive liability under a key environmental protection legislation in NSW and how you can manage your risk as a director or manager.

23 September 2020 - Knowledge

EPBC Act review update: A power shift on the horizon?

#Planning, Environment & Sustainability

Key changes to national environmental laws, including assessment functions being handed to the states and the likely inclusion of national environmental standards, are being proposed to address current and future challenges in Australia.

03 September 2020 - Knowledge

Overview – a new SEPP for housing diversity in NSW

#Planning, Environment & Sustainability, #Property & Real Estate

The Department of Planning, Industry and Environment has set the ambitious goal of providing more affordable housing in all local government areas in NSW

08 July 2020 - Knowledge

Court finds Council not entitled to costs following discontinuance of Class 1 appeal

#Planning, Environment & Sustainability

A recent decision of the NSW Land and Environment Court has confirmed that a Respondent Council is not entitled to recover its costs simply because an applicant discontinues its Class 1 appeal prior to final hearing.

17 April 2020 - Knowledge

Review of Environment Protection and Biodiversity Conservation Act 1999 – a chance to refocus our national environmental laws

#Planning, Environment & Sustainability

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) is undergoing a ‘once in a decade’ review (Review).

08 April 2020 - Knowledge

Review of the EPBC Act – Indigenous knowledge and culture focus

#Planning, Environment & Sustainability

The Environmental Protection and Biodiversity Conservation Act (1999) is currently under review with submissions invited from stakeholders. This article summarises the issues raised in the review in relation to Indigenous culture and knowledge, which is highlighted as a key focus in the terms of reference for the review.

31 March 2020 - Knowledge

Land and Environment Court rejects application for easement over community land

#Planning, Environment & Sustainability

This article looks at a recent 88K easement case and clarifies critical questions regarding what is an easement at law, what is required to prove “reasonable necessity”, who bears the onus and how impacts on the land are to be assessed.

25 March 2020 - Knowledge

Inside track: Local Government

#Local Government

As the threat of COVID-19 continues to escalate, local governments across Australia have taken swift action to combat the virus, including recent legislative changes to elections and planning laws. In this article we examine some of those measures and other implications for Councils.

16 October 2019 - Knowledge

NSW Government Bulletin

#Government

02 October 2019 - Knowledge

Australia’s first National Freight and Supply Chain Strategy: Making all governments ‘freight aware’ (Part 3)

#Transport, Shipping & Logistics, #Planning, Environment & Sustainability

19 August 2019 - Knowledge

Do you need an Environmental Protection Licence with that?

#Planning, Environment & Sustainability

The Protection of the Environment Operations Act 1997 requires an Environmental Protection Licence for certain activities that are likely to impact on the environment or cause pollution.

22 March 2019 - Knowledge

NSW State Election promises: Planning, development and environment

#Planning, Environment & Sustainability

With the NSW State Election looming on Saturday the planning and development industries have raised questions about the promises from the major parties.

12 March 2019 - Knowledge

Concurrence and referrals: New step in powers for the Planning Secretary

#Planning, Environment & Sustainability

As part of the recent reforms to the Environmental Planning and Assessment Act, the Secretary of the Department of Planning and Environment was given new powers to seek to prevent delays to applications and resolve disputes between agencies for integrated development.