In the media – National
SA blackout: climate change readiness will be lost if we
fall for blame game
The opportunity to identify solutions to the real causes of South
Australia's state-wide blackout, and thereby help Australia
prepare for the future, will be lost if anti-renewable energy
agendas are allowed to overtake a careful investigation of the
situation, the Climate Institute said today (29 September 2016).
More...
Density, sprawl, growth: how Australian cities have
changed in the last 30 years
Since settlement, Australian cities have been shaped and reshaped
by history, infrastructure, natural landscapes and –
importantly – policy, according to a newly published paper by
the University of Adelaide (29 September 2016).
More...
NSW to take action on building certification
failure
Developers of deemed high-risk projects in NSW could have the
ability to select their own building certifier taken away as part
of sweeping changes to the building certification system designed
to help fix failings on fire safety, health and energy efficiency
(27 September 2016).
More...
Lower network revenues proposed for transmission and
distribution networks
Revenues for Queensland's Powerlink electricity transmission
network and Tasmania's TasNetworks electricity distribution
network would be around 30 per cent lower than the existing level
from 1 July 2017 under draft decisions released today by the
Australian Energy Regular (AER) (29 September 2016).
More...
First Reef 2050 Plan Annual Report shows progress
towards protecting the Reef
The Australian and Queensland governments today released the first
Reef 2050 Plan annual report showing good progress has been made
towards protecting the Great Barrier Reef (28 September 2016). For
more information on progress and to read the report, visit here.
More...
Report to UNESCO notes Queensland's failure to
reform tree-clearing laws
A federal and Queensland government progress report on their joint
Reef 2050 plan reveals state Labor's failure to pass tougher
tree-clearing laws is the only promise that has been
"significantly delayed" (28 September 2016).
More...
International Criminal Court adds land grabs to
'crimes against humanity'
The International Criminal Court has opened the way for people
accused of land grabbing and environmental destruction to stand
trial for crimes against humanity (26 September 2016).
More...
World first to combine big solar and
storage
A world-leading project in far north Queensland is set to combine
big battery storage and big solar to supply solar power after
sundown and during peak usage times (23 September 2016).
More...
Support for action on climate change and renewables
strongest since 2008
The 2016 edition of The Climate Institute's long running
benchmark Climate of the Nation research reveals that support for
renewables continues to grow and a surprising number of Australians
expect federal leadership in taking action on climate change (26
September 2016).
More...
Owner of Shen Neng 1 to pay Commonwealth $39M following
out of court settlement
The Australian Government has won a significant legal challenge and
reached a $39.3 million dollar out of court settlement with the
owners of a Chinese coal carrier that ran aground in April 2010
causing the largest known direct impact on the Great Barrier Reef
(19 September 2016).
More...
AEMC says no on rewarding local energy sharing, and
industry is dismayed
The case for generating energy locally and sharing it with
neighbours has been dealt a huge blow after the Australian Energy
Market Commission today ruled against a proposal to incentivise the
practice put forward by the Property Council, City of Sydney and
Total Environment Centre (22 September 2016).
More...
In the media – Victoria
Community input invited on plastic bag
bill
Public submissions are being invited on legislation to restrict the
supply and sale of plastic bags in Victoria. The Victorian
Parliament's Environment and Planning Committee is conducting
an inquiry into the Environment Protection Amendment (Banning
Plastic Bags, Packaging and Microbeads) Bill 2016.
More...
Victoria Home to a Renewable Energy
Future
Victoria has strengthened its reputation as a clean energy leader
with news the Clean Energy Finance Corporation (CEFC) will
establish a permanent office in Melbourne next year (23 September
2016).
More...
Vibrant future secured for St Georges Road
Corridor
The Andrews Labor Government has approved new zones and a suite of
controls covering the St Georges Road Corridor that will guide
future development to complement established residential areas (23
September 2016).
More...
Work on fully-funded Metro Tunnel begins
Work on the Metro Tunnel – the biggest public transport
project in Victoria's history – has begun. The works are
part of the Metro Tunnel early works contract – the first
package of works on the project – which was awarded to John
Holland in June (22 September 2016).
More...
Healesville Freeway Reserve
The Victorian Government is preserving the Healesville Freeway
Reserve as public open space for the local community with community
consultation now available (21 September 2016). More...
More...
In the media – New South Wales
Reserve expansion makes for a very happy Save the Koala
Day
The Kybeyan Nature Reserve west of Cooma will be expanded with the
purchase of an additional 1,000 hectares of koala habitat (30
September 2016).
More...
Court rejects proposed residential towers on old Balmain
Tigers club site
A Sydney court rejects a controversial proposal to build two
residential towers on the old Balmain Tigers club site at Rozelle,
in Sydney's inner-west (28 September 2016).
More...
Wambo Coal fined $60,000 for offensive odour from
blast
Mining company Wambo Coal Pty Ltd has been convicted and fined
$60,000 and ordered to pay the NSW Environment Protection
Authority's (EPA) legal costs after pleading (30 September
2016). More...
Water Sharing Plan for Nambucca River
Catchment
A new water sharing plan for the Nambucca River catchment,
including the townships of Nambucca Heads, Macksville and
Bowraville, commences today (30 September 2016).
More...
Lower Darling water source trade reopened
Department of Primary Industries (DPI) Water has today announced
the reopening of trade into and from the Lower Darling water source
(30 September 2016).
More...
EPA issues $61,000 in fines for unlawful waste
activities at Salt Ash
The NSW Environment Protection Authority (EPA) has issued fines of
$61,000 after soil containing acid sulfate was dumped at the Bruce
Mackenzie Complex at Salt Ash (30 September 2016). More...
Community participates in Sydenham to Bankstown
revitalisation
The Department of Planning and Environment held community design
workshops, giving nearly 200 people the chance to share their views
on the revitalisation of the Sydenham to Bankstown rail corridor
(29 September 2016).
More...
City of Sydney request to change energy market rule all
but rejected
A proposed energy market rule change that could save NSW consumers
$1.2 billion by 2050 has been all but ruled out by the Australian
Energy Market Commission (25 September 2016).
More...
EPA welcomes this year's largest waste fine of
$390,000 in Land and Environment Court
Businessman Phillip Foxman and his two companies, Botany Building
Recyclers Pty Ltd and Foxman Environmental Development Services Pty
Ltd, have been convicted and fined in the Land and Environment
Court for six waste offences involving the unlawful transport,
deposit and storage of at least 15,900 tonnes of waste material (23
September 2016). More...
In the media – Queensland
Public input welcomed for proposed Brisbane
Metro
Brisbane residents are being encouraged to help shape the planning
of the proposed Brisbane Metro Subway System (28 September 2016).
More...
Plan for controversial Gold Coast Spit development on
hold
The company behind a proposed $600 million development at The Spit
on the Gold Coast withdraws its application while a master plan is
developed for the prized area (27 September 2016).
More...
Landholder rights strengthened on mining
activity
Minister for State Development and Minister for Natural Resources
and Mines said today marked the beginning of the Mineral and
Energy Resources (Common Provisions) Act 2014 after amendments
were made to provide stronger protection against resource
activities occurring close to residential buildings and key farming
infrastructure (27 September 2016).
More...
Improving affordability by reducing planning
times
Property consultants Urbis undertook a study for the Property
council of Australia using Queensland as an example to calculate
the cost to homebuyers of council delays in greenfield sites (26
September 2016).
More...
Linc Energy gives Government millions for contamination
clean up
The Queensland Government secures $3.6 million from failed
resources company Linc Energy to begin rehabilitation efforts on
the western Darling Downs (26 September 2016).
More...
Consultation opens on Kingaroy wind farm
proposal
Community consultation on the proposed $500 million wind farm at
Coopers Gap near Kingaroy, which promises up to 350 construction
jobs, will open on Monday, 26 September (24 September 2016).
More...
In practice and courts – National
Reef 2050 plan: Annual report and implementation
strategy 2016
Government of Australia, Government of Queensland: 27 September
2016
We are making progress in implementing the 151 actions under the
Reef 2050 Plan. The first annual report shows that 19% of the
actions are completed or in place and over 65% are underway.
More...
NELA National Conference, 18 November
2016
King & Wood Mallesons, Melbourne - An event bringing together
some of Australia's leading experts to discuss current and
emerging issues in environmental law. The full programme will be
available soon at www.nela.org.au.
August Emissions Reduction Fund - August
2016
The monthly
Emissions Position provides a national cumulative snapshot of
project and abatement activity under the Emissions Reduction Fund,
including contract deliveries, project registrations by state and
territory, and project registrations by method type. The monthly
Emissions Reduction Fund Carbon Abatement Statement provides a
snapshot of activities under the scheme, including a national
snapshot of projects by method type and monthly 'Fund
Facts' (16 September 2016).
More (CER Media Updates)...
More (Emissions Reduction Fund page)...
An efficient and responsive housing market for
sustainable urban growth and social inclusion
Australian Housing and Urban Research Institute: 21 September
2016 Nicole Gurran et al
This report examined the notion of an efficient housing market and
identified key indicators of housing system efficiency,
responsiveness, and risk.
More...
Land Carbon: No Substitute for Action on Fossil
Fuels
Climate Council: 29 September 2016
The
new report finds that while increasing carbon in land systems
is important, Australia is muddying the waters by combining land
carbon and fossil fuel reduction policies – which is giving
an inaccurate picture of Australia's progress in tackling
climate change.
More...
In practice and courts – Victoria
New Planning and Subdivision Fees to Apply from 13
October
The Governor in Council made new planning and subdivision fee
regulations on 27 September 2016. The new fees will apply to
applications made on or after 13 October 2016 (29 September 2016).
More...
In practice and courts – New South Wales
Cost recovery for environmental assessments under the
EPBC Act Cost Recovery Implementation Statement
This updated version of the Cost Recovery Implementation Statement
(CRIS) has been published to reflect proposed changes to cost
recovery arrangements for environmental assessments under the EPBC
Act. The commencement date for these changes is expected to be 1
October 2016 (subject to approval by the Governor-General).
More...
Court Decisions on Amalgamation
Challenges
The NSW Land and Environment Court handed down its judgments on
amalgamation proceedings brought by several councils on Tuesday 20
September. Visit the
NSW Caselaw website for more.
EPA: Applications open for $200,000 in EPA grants to
tackle dumping on Aboriginal land
The NSW Environment Protection Authority (EPA) invites Local
Aboriginal Land Councils to apply for individual grants of up to
$50,000 under the Aboriginal Land Clean-Up. Expressions of interest
for Round 3 ALCUP grants close 14 October 2016. More...
Container Deposit Scheme draft Bill for
comment
The NSW Government has released the draft Bill to implement a
Container Deposit Scheme in NSW for public consultation. The
consultation period concludes on 21 September. More...
In practice and courts – Queensland
Planning changes in Queensland
Several developments in the planning space have occurred over the
last fortnight, including the release of a draft Caloundra Centre
Master Plan, updates to SPP and SARA mapping and changes to the
management of BCC Permissible Change requests (14 September 2016).
More...
Queensland Government: Current Consultations -
Department of State Development
Hummock Hill Island Development project - application for project
change.
Cases – Victoria
Anderson & Anor v City of Stonnington & Anor (No
2) [2016] VSC 575
ROADS — Laneway — Where judgment delivered on
part-heard trial — Where reasons for judgment held laneway is
a road under the Local Government Act 1989 — Where
plaintiffs erected fence across laneway while judgment reserved
— Where council issued summons seeking order to have fence
removed — Where order a natural consequence of judgment
— Local Government Act 1989, ss 207, 225, cl 5 of
Schedule 11.
COSTS — Calderbank offer — Rejection of council's
offer to settle proceeding — Whether rejection was
unreasonable in the circumstances — Hazeldene's
Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2)
[2005] VSCA 298; (2005) 13 VR 435.
Cases – New South Wales
Hunter's Hill Council v Minister for Local
Government; Lane Cove Council v Minister for Local Government;
Mosman Municipal Council v Minister for Local Government; North
Sydney Council v Minister for Local Government; Strathfield
Municipal Council v Minister for Local Government [2016]
NSWLEC 124
JUDICIAL REVIEW – proposal for amalgamation of local
government areas – Minister's referral of proposal to
Departmental Chief Executive for examination and report–
inquiry required to be held – Chief Executive appoints
Delegate to conduct inquiry – whether reasonable public
notice given of the holding of inquiry – whether
identification of locations of public inquiry sessions adequate
– whether inquiry sessions needed to be held in each area
proposed to be amalgamated – whether inquiry held in
accordance with Act – whether examinations and reports on
proposals in accordance with Act – whether affected councils
denied procedural fairness by Delegate – publicly accessible
material in support of proposal represented that KPMG analysis and
modelling was independent – whether representations
misleading – whether allegedly misleading representations
invalidated statutory process of amalgamation – whether
failure to provide all KPMG analysis and modelling material meant
the council was denied procedural fairness WORDS AND PHRASES
– requirement for local government areas proposed to be
amalgamated to be contiguous – term not defined in
legislation – meaning of contiguous – requirement of
contiguous areas to be touching – statutory provision deeming
extension of local government areas below low-water mark in certain
circumstances – areas deemed to be extended – areas
therefore contiguous.
Shellharbour City Council v Minister for Local
Government (No 2) [2016] NSWLEC 119
JUDICIAL REVIEW – proposal for amalgamation of local
government areas – Minister's referral of proposal to
Departmental Chief Executive for examination and report–
inquiry required to be held – Chief Executive appoints
Delegate to conduct inquiry – whether reasonable public
notice given of the holding of inquiry – whether
identification of locations of public inquiry sessions adequate
– whether inquiry held in accordance with Act – whether
examination and report on proposal in accordance with Act –
whether an affected council denied procedural fairness by Delegate
– review and comment on Delegate's report by Boundaries
Commission – whether review conducted in accordance with Act
– whether affected council denied procedural fairness by
Boundaries Commission – publicly accessible material in
support of proposal represented that KPMG analysis and modelling
was independent – whether representations misleading –
whether allegedly misleading representations invalidated statutory
process of amalgamation – whether failure to provide all KPMG
analysis and modelling material meant the council was denied
procedural fairness.
Ku-ring-gai Council v Mr Garry West as delegate of the
Acting Director-General, Office of Local Government [2016]
NSWLEC 118
JUDICIAL REVIEW – proposal for amalgamation of local
government areas – Minister's referral of proposal to
Departmental Chief Executive for examination and report–
inquiry required to be held – Chief Executive appoints
Delegate to conduct inquiry – whether reasonable public
notice given of the holding of inquiry – whether difference
between state-wide published notice and locally published notice
was a material defect in the requirement for reasonable public
notice – whether identification of location of public inquiry
sessions adequate – whether inquiry held in accordance with
Act – whether examination and report on proposal in
accordance with Act – whether the Delegate misdirected
himself on matters of rating equity – whether the Delegate
misdirected himself on the need to consider the impact of all
residents and ratepayers (including on those of an area proposed to
be excised) – whether an affected council denied procedural
fairness by Delegate – review and comment on Delegate's
report by Boundaries Commission – whether review conducted in
accordance with Act – whether affected council denied
procedural fairness by Boundaries Commission – publicly
accessible material in support of proposal represented that KPMG
analysis and modelling was independent – whether
representations misleading – whether allegedly misleading
representations invalidated statutory process of amalgamation
– whether failure to provide all KPMG analysis and modelling
material meant the council was denied procedural fairness –
exercise of discretion where no utility in taking action based on
sole ground made out proceedings dismissed COSTS –
reservation of costs in circumstances where applicant is partially
successful but no remedy appropriate.
Cases – Queensland
Coast
and Country Association of Queensland Inc v Smith & Ors
[2016] QCA 242
ENERGY AND RESOURCES – MINERALS – MINING FOR MINERALS
– ENVIRONMENTAL PROTECTION LEGISLATION – where the
appellant appeals the decision of the primary judge dismissing two
applications for statutory orders of review – where the first
application related to a decision of the Land Court concerning
applications for a mining lease and environmental authority –
where the second application concerned a subsequent decision of the
third respondent to grant an environmental authority for the
proposed mine – where the primary judge concluded that a
finding of the Land Court that the proposed mine would not produce
an impact that would constitute or cause environmental harm was
open on the evidence and did not reveal legal error in the
member's approach – where the appellant submitted that
the primary judge erred by allowing the Land Court when construing
certain sections of the Mineral Resources Act 1989 (Qld)
to give zero weight to the environmental harm caused by emissions
from the transport and burning of coal after it was removed from
the proposed mine – where the second respondent submitted
that the appellant wrongly assumed that emissions in connection
with the mine would cause environmental harm or an adverse
environmental impact – whether under the Mineral
Resources Act 1989 (Qld) the Land Court needed to consider the
impact of activities which would not be carried on under the
authority of the proposed mining lease – whether under the
Environmental Protection Act 1994 (Qld) the Land Court was
obliged to give weight to the environmental harm caused by
emissions from the mine – whether there was legal error in
the Land Court's decision.
Gray
v Gympie Regional Council [2016] QPEC 049
PLANNING AND ENVIRONMENT – Costs – Whether the
appellant should be ordered to pay the respondent's costs of an
appeal, in circumstances where the appeal is discontinued.
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.