Climate change takes centre stage in Land and Environment Court

Gloucester Resources v Minister for Planning marks the first time an Australian court has refused a development on the basis of its climate change impacts.

Managing our scarce water resources: developments in the Murray-Darling

Analysis of the latest legal and policy developments in the Murray-Darling Basin ahead of the much anticipated Royal Commission report. By EMMA CARMODY.

Changing the legal status of nature: recent developments and future possibilities

Changing the legal status of nature from an object, or human property, to a rights-bearing subject in law is an emerging legal movement. By DR…

Judicial guidance on procedure in Strata Renewal Proceedings

Judgements in the the Land and Environment Court of NSW. provide useful guidance about Strata Renewal Proceedings when owners can’t agree. By PAUL VERGOTIS and…

New Year ushers in sweeping reform of state planning laws

Planning authorities will be required to prepare Community Consultation Plans, which may supplement public participation requirements under legislation. By JOSIE WALKER.

Existing use rights and NSW planning law

The key concept of existing use rights is the continuance of lawful use despite anything to the contrary in the Environmental Planning and Assessment Act…

Protecting the Great Barrier Reef from climate change: ACF v Minister for the Environment

In Australian Conservation Foundation Incorporated v Minister for the Environment [2016] FCA 1042, Griffiths J dismissed an application for judicial review of a decision made…

Application of clause 4.6 of the Standard Instrument – analysis of recent case law

The power of a consent authority to vary a development standard under clause 4.6 of the Standard Instrument is an important aspect of planning regulations…

Environmental law reform takes a wrong turn

The Government appears committed to combatting what it sees as a rise in environmental ‘lawfare’ and to limiting the ability of groups or individuals to…

Certifiers’ powers revisited

Two recent decisions in the Court of Appeal have curtailed the grounds on which certificates can be set aside in judicial review proceedings. By JOSIE…