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NSW Government Bulletin

05 June 2024

16 min read

#Government

Published by:

Faith Zalm

NSW Government Bulletin

In the media

Long-awaited industrial manslaughter legislation to protect workers to be introduced in NSW
Advocates who have lost loved ones to industrial manslaughter await legislation changes to address "gross negligence". NSW is the only mainland state without an industrial manslaughter offence, which the Labor government previously promised to rectify. The legislation will allow an individual or business to be held responsible for a workplace death due to "gross negligence" (4 June 2024).  Read more here.

In-person requirements blocking elderly and severely disabled from receiving photo IDs from Service NSW
People are unable to leave their house cannot obtain a photo ID because Service NSW requires an in-person visit. Transport for NSW says the requirement is necessary to prevent incidents of identity fraud. Service New South Wales has refused to budge on this requirement, despite pleas for an alternative option for elderly people or those with severe physical impairments (27 May 2024).  Read more here.

NSW leads Australia in First Nations expenditure reporting
NSW continues to lead the nation as the only state or territory to regularly report on First Nations expenditure, with the release of the 2023 to 2024 NSW Indigenous Expenditure Report (IER) today. The report comes as the NSW Government makes progress on developing a First Nations budget model, designed to provide a holistic, First Nations-led approach to the process, assessment, evidence and reporting for funding and investment decisions impacting First Nations communities (3 June 2024).  Read more here.

Setting a vision for a bright future for emergency volunteers
Spontaneous volunteers who turn up to help in times of crisis will be better trained, equipped and coordinated through a new $5 million grants program funding councils, non-government-organisations and community groups to prepare for future natural disasters. The Spontaneous Volunteer Support (SVS) Program is designed to ensure that in situations where people decide to spontaneously or informally help during emergencies, organisations are better placed to coordinate this support to complement trained volunteers and emergency service efforts (1 June 2024).  Read more here.

NSW powers ahead with biggest energy storage tender
NSW has opened the largest energy storage tender in NSW history, seeking new long-duration storage projects to boost electricity reliability and keep the lights on in NSW. These projects will help ensure a steady and reliable supply of energy around the clock. They will play a significant role in the NSW Government’s transition to renewable energy, which will deliver reliable and affordable power to households and businesses at the same time as driving down emissions to meet our net zero targets (31 May 2024).  Read more here.

$207.6 million hydrogen hub given green light in Hunter
In a major step for the state’s renewables sector, the NSW Government has given planning approval to a $207.6 million hydrogen hub in the Hunter. The State Significant Development at Kooragang Island led by Origin Future Fuels is expected to begin construction in mid-2025. The hub will initially deliver approximately 55 megawatts of electrolyser capacity by 2026, with an aim to scale up to over 1 gigawatt of capacity over the next decade (31 May 2024).  Read more here.

Breeding technology breakthrough to revolutionise cropping
The NSW Government today announced new crop breeding technology, which promises to revolutionise crop protection and yield enhancements, has been developed by scientists from NSW Department of Primary Industries (DPI). The innovative new approach enables scientists to pin-point plant defence mechanisms and select superior resistance combinations against pathogens. This will result in the development of crop varieties that are resistance to fungal diseases and deliver higher yields (29 May 2024).  Read more here.

NSW unveils plan to support wine exporters
The NSW Government has unveiled a plan to boost wine exports and create new jobs and opportunities for people in NSW. From July Investment NSW will kick off a targeted 12 month program of initiatives to bring international buyers to NSW and make it easier for local wine makers to take their products to markets around the world. The program will be available to producers of NSW’s $420 million wine exports looking to re-enter the newly reopened Chinese market but will also support exporters in key emerging markets including India, Japan and Vietnam (29 May 2024).  Read more here.

Support for coal-producing communities to be overhauled with new Future Jobs and Investment Authorities
The NSW Labor Government is today launching the proposed model for the Future Jobs and Investment Authorities, an important framework which will support workers and communities for a future beyond coal mining. Led by the Future Jobs and Investment Advocate, it will play a central role in government to support the Hunter, Illawarra, Central West and Northwest as coal mines and coal-fired power stations close in the coming decades (28 May 2024).  Read more here.

Publications

Review of the NSW waste levy
The NSW Government is reviewing the waste levy – our primary instrument to divert waste from landfill and promote resource recovery – to determine how it can drive greater recycling in NSW. Read the Issues Paper here.

Draft Submission Local Government NSW – Emergency Services Levy
Local Government NSW (LGNSW) is the peak body for local government in NSW, representing NSW general purpose councils and related entities. LGNSW facilitates the development of an effective community-based system of local government in the State. LGNSW has provided a response to each of the 8 questions raised in the Treasury Consultation Paper – reforming the emergency services funding system (22 May 2024). Read the draft submission here.

NSW Suicide Monitoring System Report – Data to March 2024
​The NSW Suicide Monitoring and Data Management System is a collaboration between the NSW Ministry of Health, Department of Communities and Justice, the State Coroner and NSW Police. It estimates the number of recent suspected and confirmed suicides in NSW, using data collected by NSW Police and the State Coroner (28 May 2024). Access the report here.

Practice and Courts

FOGO mandates
We are seeking feedback on the Food and Garden Organics Mandates Proposal paper. It outlines proposals for three new mandates including the collection of source-separated food and garden organics waste for households and businesses and reporting on food donations by supermarkets. Read the proposal paper here. Access the survey.

Draft Climate Change Assessment Requirements and Guide
We are seeking feedback on our new draft Climate Change Assessment Requirements and draft Greenhouse Gas Assessment Guide for Large Emitters. Read more and access the survey here.

NSW waste levy review
We are seeking your feedback on the operation of the NSW waste levy, our primary instrument for reducing waste to landfill and promoting resource recovery. Access the survey here.

Cases

Secretary, Department of Planning and Environment v Khouzame [2024] NSWLEC 54
OFFENCES AND PENALTIES – sentence – clearing of native vegetation in rural area without approval – objective seriousness of offence – clearing premediated and planned – negligent in first tranche of clearing and reckless in second tranche of clearing – failure to comply with Development Control Order, Stop Work Order and Remediation Order – substantial environmental harm caused – foreseeable risk of environmental harm – practical measures to prevent risk of harm – full control over cause of offence – medium objective seriousness near lower end of mid-range of seriousness – subjective circumstances – no prior convictions – prior good character – unlikely to reoffend – limited remorse demonstrated – early guilty plea – Local Court’s jurisdictional limit for a fine disproportionate to objective seriousness of offence committed – limited financial information on means to pay disclosed – fine and costs order.
Biodiversity Conservation Act 2016 (NSW), ss 1.5, 1.6, 11.3, Pt 8; Crimes (Sentencing Procedure) Act 1999 (NSW), ss 10, 21A, 22; Criminal Procedure Act 1986 (NSW), ss 257B, 257G; Environment Protection and Biodiversity Conservation Act 1999 (Cth); Environmental Planning and Assessment Act 1979 (NSW); Fines Act 1996 (NSW), ss 6, 122; Local Land Services Act 2013 (NSW), ss 3, 60C, 60D, 60E, 60G, 60H, 60N, 60D, 60I, 60O, 60Q, 60S, 60ZE, 60ZF, 60ZF, 60ZW, 60ZZA, Sch 5A, Div 4; Native Vegetation Act 2003 (NSW); Protection of the Environment Administration Act 1991 (NSW), s 6.

Vogel v Secretary, Department of Education [2024] NSWCATAD 142
ADMINISTRATIVE LAW – administrative review – Government Information – conclusive presumption of an overriding public interest consideration against disclosure – Cabinet information – document – PowerPoint slide pack – dominant purpose of document – document that reveals or tends to reveal the position a Minister has taken, is taking, will take, is considering taking or has been recommended to take on a matter in Cabinet – reasonable grounds.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Evidence Act 1995 (NSW); Government Information (Public Access) Act 2009 (NSW); Government Sector Employment Act 2013 (NSW); Interpretation Act 1987 (NSW).

VC v Secretary, Department of Communities and Justice & Ors (No.2) [2024] NSWDC 192
CHILD WELFARE – care and protection – whether realistic possibility of restoration of care of Child to mother or father – whether all aspects of parental responsibility should be allocated to mother or father – appropriateness of permanency planning – assessment of care plan.
STATUTORY INTEPRETATION – relevance of human rights of parent or child under international conventions to interpretation and application of Children and Young Persons (Care and Protection) Act 1998 (NSW).
COURTS AND JUDGES – complaints by one parent of racial discrimination and structural racism of persons within child protection ‘system’ alleged to affect decisions adverse to one parent – subsisting complaints to the Australian Human Rights Commission – jurisdiction of this Court to determine such complaints.
CIVIL PROCEDURE – reasons for orders in interlocutory applications – application during hearing for ‘removal’ of the legal practitioner acting as the ‘Independent Legal Representative’ – application for adjournment of closing oral submissions to enable service of additional written submissions – application for ‘Mistrial’.
Anti-Discrimination Act 1977 (NSW); Australian Human Rights Commission Act 1986 (Cth); Children and Young Persons (Care and Protection) Act 1998 (NSW), s 8, 9(1), 9(2), 10A, 71(1), 72(1), 72(2), 73(1), 73(7), 78(1), 78(2), 78(2A), 78A(1), 78A(3), 79(1),79(3), 80, 82, 83(1), 83(5), 83(7), 83(7A), 83(8A), 91(1)-(8), 93(3), 93(4); Children and Young Persons (Care and Protection) Amendment (Family is Culture) Act 2022; Civil Procedure Act 2005 (NSW), ss 56-60; Convention on the Rights of the Child [1991] ATS 4; Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 4, 6A, 9, 11; Evidence Act 1995 (NSW), s 79, 128, 140(2); International Convention on the Elimination of All Forms of Racial Discrimination [1975] ATS 40; Interpretation Act 1987 (NSW), s 34; Racial Discrimination Act 1975 (Cth), ss 9-11; Sex Discrimination Act 1984 (Cth).

McHatton v Sydney of City Council [2024] NSWCATAD 149
EQUAL OPPORTUNITY – leave to proceed – principles applying to grant of leave – discrimination on the basis of marital and domestic status – victimisation.
Anti-Discrimination Act 1977 (NSW).

Phillips v NSW Department of Communities and Justice [2024] NSWCATAD 143
ANTI-DISCRIMINATION – disability discrimination – where deaf and speech impaired person claimed to have been subjected to direct or indirect discrimination by the Respondent Public Housing agencies by refusal to provide an Auslan interpreter or adopt his preferred communication method.
ANTI-DISCRIMINATION – victimisation – where deaf and speech impaired person claimed to have been victimised by being subjected to detriment by the Respondent Public Housing agencies by a refusal to provide an Auslan interpreter or adopt his preferred communication method after he described them as surdophobic and incompetent in their dealings with him.
Anti-Discrimination Act 1977 (NSW); Disability Inclusion Act 2014 (NSW).

Environment Protection Authority v Pullinger (No 2) [2024] NSWLEC 51
ENVIRONMENT AND PLANNING – offences – prosecutions – defendant charged under s 91(5) of the Protection of the Environment Operations Act 1997 (NSW) – validity of direction 7 of the varied clean-up notice – whether there was a connection between direction 7 and the pollution incident the subject of the varied clean-up notice – whether the prosecutor held reasonable suspicion of pollution incident – whether the prosecutor was the appropriate regulatory authority – construction of ss 212C and 212D of the Protection of the Environment Operations Act 1997 (NSW) – failure to comply with direction 7 of clean-up notice – defence of reasonable excuse.
ENVIRONMENT AND PLANNING – offences – prosecutions – defendant charged under s 91(5) of the Protection of the Environment Operations Act 1997 (NSW) – failure to comply with direction 10 of varied clean-up notice – defence of reasonable excuse.
ENVIRONMENT AND PLANNING – offences – prosecutions – defendant charged under s 102 of the Protection of the Environment Operations Act 1997 (NSW) – whether the giving of the prohibition notice was warranted under s 101(1)(a) of the Protection of the Environment Operations Act 1997 (NSW) – construction of ss 101 and 102 of the Protection of the Environment Operations Act 1997 (NSW) – failure to comply with prohibition notice –definition of cease – definition of keeping – definition of storing – defence of reasonable excuse.
Bankruptcy Act 1966 (Cth) s 58; Corporations Act 2001 (Cth) s 601AD; Evidence Act 1995 (NSW) ss 141, 191, 192; Protection of the Environment Operations Act 1997 (NSW) (as in force on 16 November 2020) ss 3, 6, 91, 92, 96, 101, 102, 104, 110, 212C, 212D, 217, 256, Sch 1, Dictionary; Maitland Local Environmental Plan 2011 (NSW).

Legislation

Bills assented to

Local Government Amendment (De-amalgamations) Act 2024 No 21 – Assented to 20 May 2024

Health Legislation Amendment (Miscellaneous) Act 2024 No 22 – Assented to 27 May 2024

Emergency Services Levy Amendment Act 2024 No 23 – Assented to 27 May 2024

Jury Amendment Act 2024 No 24 – Assented to 31 May 2024

Better Regulation, Fair Trading and Other Legislation Amendment Act 2024 No 25 – Assented to 31 May 2024

Health Practitioner Legislation Amendment Act 2024 No 26 – Assented to 31 May 2024

Property NSW Amendment Act 2024 No 27 – Assented to 31 May 2024

Environmental Planning and Assessment Amendment (Vibrancy Reforms) Act 2024 No 28 – Assented to 31 May 2024

Local Government Amendment (Employment Arrangements) Act 2024 No 29 – Assented to 31 May 2024

Proclamations commencing Acts

Defamation Amendment Act 2023 No 36 (2024-178) – published LW 31 May 2024

Regulation and other miscellaneous instruments; and

Final Determination [Biodiversity Conservation Act 2016] (2024-161) – published LW 24 May 2024

Final Determination [Biodiversity Conservation Act 2016] (2024-162) – published LW 24 May 2024

Final Determination [Biodiversity Conservation Act 2016] (2024-163) – published LW 24 May 2024

Final Determination [Biodiversity Conservation Act 2016] (2024-164) – published LW 24 May 2024

Final Determination [Biodiversity Conservation Act 2016] (2024-165) – published LW 24 May 2024

Final Determination [Biodiversity Conservation Act 2016] (2024-166) – published LW 24 May 2024

Water Sharing Plan for the Bega River Area Regulated, Unregulated and Alluvial Water Sources 2024 (2024-167) – published LW 24 May 2024

Environmental Planning and Assessment Amendment (Central-West Orana Renewable Energy Zone Transmission) Order 2024 (2024-176) – published LW 27 May 2024

Liquor Amendment (Same Day Liquor Delivery) Regulation 2024 (2024-177) – published LW 29 May 2024

Water Sharing Plan for the Central Coast Unregulated and Alluvial Water Sources Amendment Order 2024 (2024-179) – published LW 31 May 2024

Water Sharing Plan for the Coffs Harbour Area Unregulated and Alluvial Water Sources Amendment Order 2024 (2024-180) – published LW 31 May 2024

Water Sharing Plan for the Hunter Unregulated and Alluvial Water Sources Amendment Order 2024 (2024-181) – published LW 31 May 2024

Water Sharing Plan for the Lower North Coast Unregulated and Alluvial Water Sources Amendment Order 2024 (2024-182) – published LW 31 May 2024

Workers Compensation (Indexation) Order (No 3) 2024 (2024-183) – published LW 31 May 2024

Environmental Planning Instruments

Byron Local Environmental Plan 2014 (Amendment No 41) (2024-168) – published LW 24 May 2024

Campbelltown Local Environmental Plan 2015 (Amendment No 38) (2024-169) – published LW 24 May 2024

Cessnock Local Environmental Plan 2011 (Amendment No 42) (2024-170) – published LW 24 May 2024

Cessnock Local Environmental Plan 2011 (Map Amendment No 10) (2024-171) – published LW 24 May 2024

Fairfield Local Environmental Plan 2013 (Amendment No 45) (2024-172) – published LW 24 May 2024

Sutherland Shire Local Environmental Plan 2015 (Amendment No 27) (2024-173) – published LW 24 May 2024

Warringah Local Environmental Plan 2011 (Map Amendment No 4) (2024-174) – published LW 24 May 2024

Woollahra Local Environmental Plan 2014 (Amendment No 35) (2024-175) – published LW 24 May 2024

Clarence Valley Local Environmental Plan 2011 (Amendment No 53) (2024-184) – published LW 31 May 2024

Liverpool Local Environmental Plan Amendment (Western Sydney Aerotropolis) 2024 (2024-185) – published LW 31 May 2024

Parramatta Local Environmental Plan 2023 (Amendment No 9) (2024-186) – published LW 31 May 2024

Penrith Local Environmental Plan (Industry and Employment) (Map Amendment No 4) (2024-187) – published LW 31 May 2024

Shoalhaven Local Environmental Plan 2014 (Map Amendment No 12) (2024-188) – published LW 31 May 2024

Wentworth Local Environmental Plan 2011 (Map Amendment No 5) (2024-189) – published LW 31 May 2024

Wentworth Local Environmental Plan 2011 (Map Amendment No 6) (2024-190) – published LW 31 May 2024

Wollongong Local Environmental Plan 2009 (Amendment No 57) (2024-191) – published LW 31 May 2024

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.

Published by:

Faith Zalm

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