Environment and Planning Law update 2023
Recent environment and planning law decisions examining court-approved development applications, Interim Heritage Orders and more.
By Alistair Knox, Kristyn Glanville and Kyla Brunton - 8 min read
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…
By Michelle Maloney - 6 min read
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…
By Paul Vergotis and Katharine Huxley - 6 min read
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 Josie Walker - 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…
By Michael Mantei - 6 min read
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…
By Stephen Tully - 6 min read
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…
By Michael Mantei - 6 min read
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…
By Mark Seymour - 6 min read
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…
By Josie Walker - 5 min read
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…
By Christopher Conolly and Benjamin Harris - 5 min read
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.
By Josie Walker - 5 min read