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…

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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.

By - 5 min read

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…

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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…

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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…

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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…

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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…

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Development of crown land reserved for public recreation

The NSW Land & Environment Court has confirmed that land can be said to be used for ‘public recreation’ only if it is open to…

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New penalty regime for planning law breaches

Pending changes to the Environmental Planning and Assessment Act 1979 will create a new system of tiered penalties for planning offences. By JOSIE WALKER.

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Coal seam gas and land access arrangements: the latest developments

Recently, almost unprecedented changes or proposals for change have been made to the laws governing coal mining and coal seam gas activities in NSW. Land…

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