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 - 1 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 - 3 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 - 2 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 and - 2 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.Snapshot Pending changes to…

By - 2 min read

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…

By - 2 min read

Climate change: turning refugee law upside down

Climate change, although causing individuals to flee their country of nationality, does not by itself establish refugee status. By STEPHEN TULLY.Snapshot Climate change, although causing…

By - 1 min read

Water law in NSW: an overview

A water access licence allows for the licence and water allocation to be bought, sold, subdivided, consolidated and changed. BY JULIANNA KNEEBONE and DUNCAN BRAKELL.Snapshot…

By and - 1 min read

Legal challenges like Bulga key to safeguarding against corruption

Removal of third party merits appeals to the Land and Environment Court has been the goal of mining and gas industries. Recourse to an independent,…

By - 1 min read