In 2014, NSW was expected to have a new planning act, following the introduction of the Planning Bill 2013 to Parliament in October 2013. The Bill constituted the most significant changes to land use planning legislation since the Environmental Planning and Assessment Act 1979 (EP&A Act) was first introduced. After it was passed by Legislative Council with 51 amendments, the Bill was returned to the Legislative Assembly for concurrence, but was rejected. It is now on hold.

2014 also saw the repeal of the carbon pricing scheme and the passing of legislation for the establishment of the Abbott Government's Emissions Reduction Fund.

Aside from this, many of the changes to planning and environmental law and policy in 2014 have focussed on:

  • stricter compliance and strengthened enforcement measures to empower agencies and target repeat offenders; and
  • streamlining planning and environmental assessment processes at both a State and Federal level.

Some of the other key policy and legislative developments in 2014 are outlined below:

New South Wales

Waste management featured as a high priority on the NSW Environment Protection Authority's (EPAs) agenda in 2014. Significantly, new waste regulations saw changes to the waste levy, reduced licensing thresholds for waste activities and changes to waste offences.

The Protection of the Environment Legislation Amendment Bill 2014 was assented to on 28 October 2014. The Bill introduces high penalties for contamination offences, increased sentencing options for Courts and the ability for the EPA to accept enforceable undertakings and financial assurances. In addition, the EPA may issue clean-up notices under the Protection of the Environment Operations Act 1997 (POEO Act) to owners of premises, as an alternative to occupiers, in certain circumstances. The amendments have not yet commenced.

Amendments were also assented to the EP&A Act in November 2014 which will introduce a new offence regime modelled on the POEO Act including a three-tier offence regime and strengthened investigation and enforcements powers for councils. The amendments have not yet commenced.

Greater certainty around the provision of biodiversity offsets was also introduced through the publication of OEH's NSW Biodiversity Offsets Policy for Major Projects in August 2014.

The Minister for the Environment also appointed an independent panel to undertake a comprehensive review of biodiversity legislation and policy framework for the management of native vegetation, threatened species and other protected native plants and animals in NSW.

The aims of the review include:

  • to establish simpler, streamlined and more effective legislation that will facilitate the conservation of biological diversity;
  • support sustainable development; and
  • reduce red-tape.

We can expect to see the results of the panel's review during the course of 2015.

Commonwealth

In May 2014, the Commonwealth Department of Environment (DEC) introduced two bills to amend the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) which implements a variety of policy and legislative reforms to its environmental approvals regimes. These Bills are currently before the Senate.

The reforms also include DEC's "One Stop Shop" policy for environmental approvals. The key feature for achieving this reform has been the negotiation of assessment and approval bilateral agreements between the Commonwealth and States/Territories under existing provisions of the EPBC Act. A draft approval bilateral which provides for the accreditation of NSW planning and environmental assessment processes was placed on public exhibition mid way through 2014. In addition, a draft revised assessment bilateral (which is to replace the existing December 2013 approval bilateral) is on exhibition until February 2015.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.