Australia: What is news in planning and environment? 6th December 2017

Last Updated: 13 December 2017
Article by Joseph Monaghan, Breellen Warry, Peter Holt, Gerard Timbs and Jenny Humphris
Most Read Contributor in Australia, September 2019

In the media – National

ARENA announces funding for Hunter Valley biofuel facility
The Australian Renewable Energy Agency (ARENA) is providing $11.9 million in funding to assist Australian biofuel company Ethtec with the development and demonstration of its ground-breaking biofuel technology (24 November 2017). More...

How developing without developers can shape the future of Australian Cities
Urban planning for Australia's population growth — expected to double by 2075 — is often inadequate, and it is important to consider how both public and private enterprise can foster collaborative and flexible urban planning responses (23 November 2017). More...

First stage financed for Lincoln Gap Wind Farm
Nexif Energy, an independent power producer in Australia and Southeast Asia, has reached financial close for the first stage of the Lincoln Gap Wind Farm — one of Australia's largest private sector-initiated and -owned grid battery systems not underwritten by a government contract or funded by government grants (20 November 2017). More...

National Food Waste Strategy launched
The National Food Waste Strategy was launched on 20 November by the Minister for the Environment and Energy at the National Food Waste Summit, which establishes a framework to support actions that can help work towards halving Australia's food waste by 2030 (20 November 2017). More...

Agriculture set to help Australia cut 135 million tonnes of carbon emissions
The Clean Energy Regulator is pleased to see Australia's agriculture sector officially recognised at the inaugural National Agriculture Day. Almost 60 per cent of Emissions Reduction Fund projects are based in the land sector, and contracts worth more than $1.6 billion have been awarded for land sector projects since the $2.5 billion Emissions Reduction Fund began in 2015 (21 November 2017). More... (ERF) More... (Media) More...

Coast solar farm wins planning award
The Sunshine Coast Solar Farm has been recognised at the Planning Institute of Australia Awards for Planning Excellence. Judges said the project showcased how local governments could actively lead energy projects, and not leave the energy debate to the Commonwealth and state governments (21 November 2017). More...

Design before disaster: How can we make our cities and towns more resilient?
As we face a future of more frequent and severe weather events due to climate change, we need to start redesigning our towns and regional cities to better cope with shock events. Here are some methods worth exploring (19 November 2017). More...

Powering homes with integrated pumped hydro and solar
The Turnbull Government, through the Australian Renewable Energy Agency (ARENA), is providing up to $5 million in funding to Genex Power Limited for the development of an integrated pumped hydro and solar project which will deliver power to over 140,000 homes (17 November 2017). More...

PIA President calls for National Settlement Strategy
Planning Institute of Australia (PIA) President, Brendan Nelson, called for the Australian Government to play a more active and engaged role in the future development of Australian cities and adopt a "strategic lens" in how it impacts urban and regional Australia (14 November 2017). More...

Australia facing climate disaster on its doorstep, government's white paper warns
Climate change is creating a disaster on Australia's doorstep, with environmental degradation and the demand for sustainable sources of food undermining stability in some countries, especially "fragile states", according to the Australian government's first foreign policy white paper in more than a decade (23 November 2017). More...

Here's why investing in green infrastructure has big payoffs for urban planners
Property development regulators are being urged to start prioritising green infrastructure following a study assessing Sydney's population growth and housing density. The research found that better funding and regulation regarding green infrastructure – including natural drainage, tree canopies and green walls – will be essential to ensuring urban centres stay liveable (20 November 2017). More...

Sustainable property industry calls for urgent action on mid-tier buildings
Reduce commercial building disclosure below 1,000 square metres and expand it to other sectors; provide a 50 per cent tax deduction on building upgrade costs; make governments commit to net zero operation in buildings by 2030 (17 November 2017). More...

Australia wins place on World Heritage Committee
Australia has secured a seat on this globally important heritage organisation for the next four years. These qualities are expressed in the Convention concerning the Protection of the World Cultural and Natural Heritage (the World Heritage Convention) (15 November 2017). More...

Meet the latest organisations to achieve carbon neutral certification
The seventh largest member of the WWF Network, WWF-Australia becomes Australia's first not-for-profit conservation organisation to be certified as carbon neutral (15 November 2017). More...

Policy framework outlines energy opportunities for 80% of Australia's office buildings
The framework, Opportunity Knocks: Accelerating energy efficiency for mid-tier buildings found that up to 80,000 buildings in Australia are classified as "mid-tier" – that is non-A Grade or non-Premium Grade – and that these buildings are a powerful mechanism to help better manage our increasing demand for new energy (14 November 2017). More...

In the media – Victoria

North East Link

The North East Link will be the biggest transport project in Victoria's history – finally building the missing link in Melbourne's freeway network. The Victorian Government today confirmed the route for the long-overdue completion of the ring road (24 November 2017). More...

Melbourne companies go straight to the renewable source in Aussie first
Fourteen Melbourne organisations have banded together to bypass political stagnation on energy policy and procure renewable energy direct from the source – securing price certainty and helping to meet low-carbon goals (24 November 2017). More...

Planning decisions and good governance
The industry was rightly stunned last week when the Victorian Upper House utilised a rarely-used legislative clause to revoke two lawfully issued planning consents based completely on political considerations. Both had successfully navigated the planning process and were approved by the Minister (22 November 2017). More...

Moveable houses and vacant government blocks — a new way to tackle homelessness?
An innovative project designed to house people at risk of homelessness will soon deliver 57 transportable homes across nine sites in Melbourne's inner west. Victorian Planning Minister Richard Wynne approved the social housing project on Ballarat Road last week (13 November 2017). More...

In the media – New South Wales

Vibrant new community destined for Medowie near Port Stephens
There is now greater opportunity for people to settle and make their home in the picturesque town of Medowie after changes to Port Stephens planning controls (24 November 2017). More...

How we're planning for a growing Sydney
Sydney is a global city that continues to grow and mature. Current forecasts suggest more than 1.7 million additional people will be living in Sydney by 2036, requiring more than 725,000 new homes (24 November 2017). More...

WestConnex M4-M5 Link submissions made publicly available
Thousands of submissions received on the WestConnex M4-M5 Link proposal have been published by the Department of Planning and Environment (23 November 2017). More...

EPA fines Wingecarribee Shire Council for asbestos breach
The NSW Environment Protection Authority (EPA) has fined Wingecarribee Shire Council a total of $23,000 for processing waste materials contaminated with asbestos and sending that waste into the marketplace (23 November 2017). More...

Thriving new community destined for Menangle Park
A major new land release for Menangle Park, in Sydney's south-west, will see the establishment of a well-connected, vibrant town with thousands of jobs close to homes (22 November 2017). More...

EPA orders unlawful Clyde waste facility to stop operating
The NSW Environment Protection Authority (EPA) has ordered an unlawful waste facility in Clyde to cease accepting and processing waste until further notice, after an inspection revealed a number of environmental issues at the site (22 November 2017). More...

Better placed through integrated design
The Government Architect New South Wales has launched Better Placed, a design policy outlining an integrated design-led approach for the whole of New South Wales. The policy advocates for integrated design as an essential component and skill that should be better utilized in the planning and development processes (21 November 2017). More...

Industry fury as NSW government waters down building products legislation
Building industry stakeholders are outraged that the NSW government has covertly and substantially watered down legislation to reduce non-compliant and non-conforming building product use (22 November 2017). More...

'Good design' enshrined in NSW planning law for first time

The NSW state government has introduced new "objects" to the state's planning law that promote "good design," "proper construction" and the "sustainable management of built heritage". The changes come as part of a reform bill aimed at updating and modernizing the Environmental Planning and Assessment Act 1979 (21 November 2017). More...

Department seeks Deniliquin's views on local solar farm plans
The public are being asked their opinion on two large-scale solar farm proposals near Deniliquin that are on exhibition from today (21 November 2017). More...

Department seeks community views on the Jemalong Solar Farm proposal
The Department of Planning and Environment has released a proposal for the Jemalong Solar Farm for community feedback today (21 November 2017). More...

Wambo Coal to pay over $130,000 for water pollution incident
The Land and Environment Court has convicted and fined Wambo Coal Pty Ltd a total of $62,000 after a sediment dam failed at its Warkworth coal mine in the Hunter Valley causing water pollution (20 November 2017). More...

More protection for Cumberland Plain Woodland
The Coalition Government has secured an additional 5.8 hectares of nationally threatened Cumberland Plain Woodland, delivering on its 2013 and 2016 election commitments to establish a Cumberland Conservation Corridor in Western Sydney, New South Wales (17 November 2017). More...

Have your say on improvements to Campbells Cove at The Rocks
The Department of Planning and Environment is seeking public feedback for plans to revitalise the historic Campbell's Cove precinct at west Circular Quay. Submissions can be made until Friday 15 December 2017 (16 November 2017). More...

Government bans use of dangerous cladding
Fire safety in high-rise buildings will be enhanced by new powers to crack down on the dangerous use of building products, Minister for Better Regulation Matt Kean announced today. Breaches of the new bans will render offenders liable to fines of more than $1 million for companies, and more than $200,000 for individuals (16 November 2017). More...

EPA issues $25,500 in fines after contaminated soil delivered to Mount Hunter property
The NSW Environment Protection Authority (EPA) has issued $25,500 in fines after soil contaminated with asbestos was delivered to a private property in Mount Hunter (15 November 2017). More...

Strategic planning elevated in the NSW planning system
Industry has welcomed the passage of the Environmental Planning and Assessment Amendment Bill 2017 (the Bill) by the NSW Parliament today as an important step in elevating the importance of strategic planning and community engagement. The Property Council commends the NSW Government for bringing to fruition a refresh of the State's planning system (15 November 2017). More...

NSW government architect calls on Parliament to pass 'no-brainer' legislation
In a rare intervention into the political sphere, the NSW government architect has called on Parliament to approve legislative changes which will elevate good design to the forefront of the state's planning system for the first time (15 November 2017). More...

Contaminated land management boost
The NSW Government will dedicate an extra $23.5 million to the NSW EPA to better deal with contaminated land, NSW Environment Minister Gabrielle Upton announced today (15 November 2017). More...

EPA issues prevention notice to Banksmeadow's Empire Bins
The NSW Environment Protection Authority (EPA) has ordered Empire Bins to stop receiving, transporting and processing waste after inspections revealed their Banksmeadow site was being operated in an environmentally unsatisfactory manner (13 November 2017). More...

Court convicts and fines Perfect Demo for asbestos waste reporting failure
The NSW Environment Protection Authority (EPA) has welcomed the Bankstown Local Court's decision to convict and fine Perfect Demo Pty Ltd $5000 for failing to register a load of asbestos waste through the WasteLocate system (12 November 2017) More...

$7,500 fine for waste operator for failing to clean up Bringelly waste
The NSW Environment Protection Authority (EPA) has issued a further $7,500 fine to waste operator Hussein Mrad for failing to clean up waste material that had been unlawfully deposited at a private property on The Northern Road at Bringelly (12 November 2017). More...

Fresh fine for waste operator for failing to clean up Mowbray Park asbestos waste
The NSW Environment Protection Authority (EPA) has fined a waste operator $7,500 after he failed to comply with an EPA direction to clean up contaminated fill that had been deposited at a private property in Mowbray Park (12 November 2017). More...

In the media – Queensland

PCA: Labor's tax on Queensland businesses
The Property Council is warning that the Labor Party's proposal to increase land tax will have a devastating flow-on impact for businesses and communities across Queensland. Many of the properties that will be impacted by this tax are commercial properties that are home to Queensland businesses employing thousands of Queenslanders (24 November 2017). More...

PCA: Leaders challenged on surplus government land
The state's property industry has presented a bold vision for six of the Queensland Government's most underutilised landholdings, challenging political leaders to commit to do more with surplus State-owned land. The Property Council's Six Sites: Redevelopment of surplus Government Land to Stimulate the Queensland Economy report, produced by industry advisory firm and city shaping experts Urbis, has illustrated how the private sector could transform some the Government's most neglected land parcels (19 November 2017). More...

Cross River Rail and Brisbane Live to progress together
The Cross River Rail project and Brisbane Live entertainment precinct will progress as a joint development under a Queensland Labor Government, it has been revealed. Infrastructure and Planning Minister Jackie Trad said that the delivery of Brisbane Live in the Roma Street Parkland was "absolutely integral" to the delivery of the $5.4 billion underground rail project (13 November 2017). More...

Provisions to the Planning Regulation 2017 have been made
Two amendments have been made to Planning Regulation 2017 effective 6 October 2017. The amendments address unintended consequences of earlier amendments affecting the development of contaminated land and development of koala habitat land (12 November 2017). More...

Industry groups unite on roadmap to drive Qld's economic growth
Five Queensland peak industry groups have united to release a joint roadmap outlining how the next State Government can create jobs, drive growth and build confidence across key sectors of the economy. The 'Driving Queensland's Economic Growth' State Election platform was developed and agreed upon by the peak representative bodies for broadacre primary producers, tourism businesses, the property industry, the resources sector and the timber industry (12 November 2017). More...

Brisbane's Masonic Temple Approved for Revamp
Following years of flagging memberships, Brisbane's most secretive society has been granted development approval for the adaptive reuse of the 1930s-built Brisbane Masonic Centre. Lodged by the Freemason's charity, the proposal seeks to repurpose unused space and address safety shortcomings of the five-storey sandstone building to position it for a "sustainable future" (12 November 2017). More...

In Practice and Courts

Announcements, Draft Policies and Plans released 2017


Draft Plan Greater Bendigo released for consultation
Eighteen transformational projects have been shortlisted in draft Plan Greater Bendigo which Council has voted to release for community feedback. The draft Plan now includes the shortlisted projects which have been selected based on community feedback. You can now download a copy of the Draft Plan Greater Bendigo here and Draft Plan Greater Bendigo Implementation Plan here.

Fishermans Bend Draft Framework Plan Consultation
Draft Planning Scheme Amendment GC81 to the Melbourne and Port Phillip Planning Schemes has been prepared to implement the vision for Fishermans Bend through a suite of permanent controls and a new Fishermans Bend Framework Plan. Submissions can be made until December 2017. A Directions Hearing will be held on 20 December 2017. A Public Hearing will be held the week commencing 12 February 2018. More...

New South Wales

EPBC Referrals: Invitation to comment
Hunter Valley, NSW - Proposed modification of the conceptual mine plan for the Middle Liddell coal seam which would increase the dimensions of longwalls 15-17 and develop additional longwall panels (November 2017).

Cut Flower Sustainable Management Plan 2018-22 & Whole Flower Sustainable Management Plan 2018-22
EDO NSW submission - November 2017 - Our latest submission comments on proposed sustainable management plans for protected plants and asks that appropriate environmental assessment for licences is demonstrated under the new licensing provisions. More...

Biodiversity Conservation Investment
The Office of Environment & Heritage seeks feedback on the Draft Biodiversity Conservation Investment Strategy 2017-2037 that will guide government investment in private land conservation. Submissions are invited until 15 December 2017. More...

Planning Amendments pass NSW Parliament
Significant planning law reforms passed Parliament this week (14 November 2017). Various amendments were proposed in the Upper House but the Bill passed without amendment. The Bill amends the aims and structure of the Act, community participation, strategic planning, governance and enforcement. It will commence by a later Government proclamation. The Government's further information on the Bill is here.

Have your say on priorities for NSW land conservation
Public consultation has commenced on continued planning for future NSW national park additions as well as the NSW Government's investment in private land conservation. The draft strategy and the draft directions statement are being exhibited at the same time. The consultation period for both documents is open from 17 November to 15 December 2017. See the Draft Biodiversity Conservation Investment Strategy 2017-2037: Public consultation and Draft NSW National Parks System Directions Statement. More...

State Environmental Planning Policy (SEPP) review
The NSW Department of Planning and Environment (DP&E) has released its Explanation of Intended Effect (EIE) for a State Environmental Planning Policy that aims to simplify planning rules for a number of water catchments, waterways, urban bushland, and Willandra Lakes World Heritage Property. The closing date for submissions is 15 January 2018. To make a submission on the Explanation of Intended Effect or for more information, visit here.

EPA consultation: Minimum Standards for Managing Construction Waste in NSW
The EPA is seeking feedback on proposed legislative changes that will introduce minimum standards for managing construction and demolition waste, and improve waste management. Changes proposed relate to offences for transferring waste from licensed waste facilities. The closing date for submissions is 12 December. More...

Draft Community Engagement Strategy
The NSW Department of Industry is exhibiting a community engagement strategy to bring openness and transparency to decisions about Crown land used by the community. The strategy will apply to non-council Crown land managers and is a statutory requirement of the new Crown Land Management Act 2016. More...

Have your say on Greater Sydney's future: public comment
The Greater Sydney Commission is encouraging residents, community groups, industry, councils and agencies to have their say on the draft Greater Sydney Region Plan and five revised draft District Plans currently on exhibition. The Commission is hosting a series of three-hour Community Feedback Workshops, for those wanting to meet face-to-face. The draft Plans are on exhibition until 15 December 2017. More...

Greater City Commission: New app puts city planning in young people's hands
Greater Sydney's next generation is being given the chance to use their creativity to help shape the city's future, through a new app launched by the Commission, in partnership with the NSW Office of the Advocate for Children and Young People (ACYP) (15 November 2017). More...

Community Consultations on Exhibition

EP&A Regulation Review Close 24/11/2017.
Repeal of two operational State Environmental Planning Policies Close 22/12/2017.
Draft Environment SEPP Close 15/01/2018.
Proposed amendment to the definition of Bulky Goods Premises Close 13/12/2017.
Amendment to Seniors Housing SEPP Close 24/11/2017.


Draft Neighbourhood Plan: Banyo-Northgate and The Gap
Brisbane City Council has called for feedback on its draft neighbourhood plan for Banyo-Northgate, which encompasses parts of Nudgee, Nundah, Virginia, and Hendra as well. A draft Neighbourhood Plan has also been developed for The Gap. Feedback is due on both plans by 8 December 2017.

EPBC Referrals: Invitation to comment
Park Ridge, QLD - A predominately residential development consisting of approximately 1,500 lots with a commercial precinct, open space, conservation and associated transport and stormwater infrastructure (20 November 2017).



Villawood Properties v Greater Geelong CC [2017] VCAT 1908
Section 79 of the Planning and Environment Act 1987; Geelong Planning Scheme; Urban Growth Zone; Multi-Unit Development; Relationship to Regional Park; Access; Site Layout. No permit.

Naked for Satan v Yarra CC [2017] VCAT 1890
Section 80 of the Planning & Environment Act 1987; Yarra Planning Scheme; Commercial 1 Zone and Mixed use Zone, Heritage Overlay Schedule 311, Heritage Overlay Schedule 334, Environmental Audit Overlay; Expansion of existing tavern, Number of patrons, Hours of operation, patron management, cumulative impact, impact on amenity.

Holland v Yarra CC [2017] VCAT 1718
Yarra Planning Scheme; Application pursuant to Section 82 of the Planning and Environment Act 1987; Commercial 2 Zone (C2Z); Change of use of existing building to a Restricted Recreation Facility (Axe Throwing); Amenity impacts; Traffic; Parking; Plan of Management.

New South Wales

Ross v Lane Cove Council [2017] NSWCA 299
APPEAL – application for leave to appeal against costs orders made by Land and Environment Court in Class 4 proceedings – no sufficiently arguable case to warrant a grant of leave demonstrated by applicant.

Sheesha (NSW) Pty Ltd v Canterbury-Bankstown Council [2017] NSWLEC 1658
DEVELOPMENT APPEAL: Proposed hotel – practicality of proposed building height – streetscape presentation – pedestrian experience – street activation – variation to controls not warranted – siting of ground floor inappropriate in context – poor streetscape presentation.

D L Newport Pty Ltd v Northern Beaches Council [2017] NSWLEC 1661
MODIFICATION – of a development application to relocate the driveway and vehicular access into a higher hazard flood area – does the relocated driveway present an unacceptable risk to life - jurisdiction – does the owners' consent relied upon by the applicant satisfy the requirements of cl 115(1)(h) of the Environmental Planning and Assessment Regulations 2000 – whether the development after modification is substantially the same as the original consent.

Jin Huang v Canterbury-Bankstown Council [2017] NSWLEC 1653
DEVELOPMENT APPLICATION: mixed use development; calculation of height; whether height excedence; whether clause 4.6 variation required; setbacks and building separation; design quality of apartments; ceiling heights; solar access; natural ventilation; communal open space; streetscape character; area in transition; adequacy of onsite stormwater detention; adequacy of basement car park design having regard to AS2890.1; precedent.

Environment Protection Authority v Wambo Coal Pty Ltd [2017] NSWLEC 152
SENTENCE – environmental offence – plea of guilty to charge of water pollution from coal mine – low objective seriousness – mitigating factors considered – totality principle applied SENTENCE – environmental offence – plea of guilty to charge of failure to comply with licence condition – low objective seriousness – mitigating factors considered – publication order made.

Strathfield Municipal Council v C & C Investments Trading Pty Ltd [2017] NSWLEC 155
INTERLOCUTORY INJUNCTION: Works allegedly undertaken and occupied not in accordance with development consent and a (valid ?) occupation certificate – principles to apply – serious question to be tried – balance of convenience favours limited relief and expedition of trial.

Young v King (No 12) [2017] NSWLEC 150
BIAS: Application for the trial judge to recuse himself from the hearing of an application by the respondents for personal costs orders against the lawyers who represented the unsuccessful applicant at trial, on the grounds of prejudgment – principles to apply.


IVL Group Pty Ltd & Anor v Redland City Council [2017] QPEC 073

PLANNING AND ENVIRONMENT – applicant appeal against refusal of development application for a material change of use to facilitate the conversion of a public park into the extension of a carpark for an adjacent shopping centre – where park had been dedicated as a condition of the shopping centre approval and separated the shopping centre from residential properties – where park had deficient CPTED design and a history of anti-social behaviour which led the Council to encourage the applicant to enter into a conditional contract to purchase the park and to make the development application – where, in the context of local opposition and a change in council, the council subsequently refused the development application – where significant conflict admitted – whether sufficient grounds – reasonable expectations – extent of CPTED deficiencies and associated behavioural issues – where adequate open space otherwise – where park has values of environmental significance – where notwithstanding its CPTED deficiencies it serve functions of relevance – where proposed carpark would have its own CPTED issues – where no need otherwise for proposed carpark – where grounds not sufficient to warrant a decision to approve.

Jackson v Brisbane City Council [2017] QPEC 072
PLANNING AND ENVIRONMENT – APPEAL – where the appellant owns two long narrow lots in the low density residential zone – where the appellant made an application to realign the boundaries to achieve two square lots, including a rear lot of less than 600 square metres – where Council refused the development application for the reconfiguration of the lots – whether a decision to approve the proposed development would conflict with the planning scheme – whether the lots are appropriately sized and configured – whether the proposed development maintains a block pattern that accommodates traditional backyards – whether there are sufficient grounds to warrant approval despite the conflict.

Gerhardt v Brisbane City Council [2017] QCA 285
ENVIRONMENT AND PLANNING – ENVIRONMENTAL PLANNING – PLANNING SCHEMES AND INSTRUMENTS – QUEENSLAND – GENERALLY – where the owners of land applied to the applicant for a development permit for building work – where a dispute arose between the applicant and the respondent about the nature of any development approval the applicant was empowered to issue – where the applicant contends that the Council was given the jurisdiction to assess the owners' application as a concurrence agency upon referral by the applicant as the assessment manager – where the respondent contends that a separate application for development approval was required to be made directly to the respondent in respect of that aspect of the application – where the resolution of that dispute involved the construction and application of provisions of various legislation – where the primary judge refused the declarations sought by the applicant – where the applicant has applied for leave to appeal against that decision – whether the primary judge erred in determining the nature of the respondent's jurisdiction to assess the owners' application in so far as it required consideration of the demolition code under the City Plan 2014.

Becker v Brisbane City Council [2017] QPEC 071
PLANNING – CHANGE APPLICATION – RESPONSIBLE ENTITY – where the applicant seeks to change a development approval – where the change application is for a minor change – where the development approval was given because of an order of the court – where there were no properly made submissions for the development application because the application was code assessable – whether the court is the responsible entity on the basis that it assessed and decided the development application.

Tong Town Planning & Development Services Pty Ltd v Brisbane City Council [2017] QPEC 070
ENVIRONMENT AND PLANNING – APPEAL – application for demolition of a pre-1946 house – whether house does not contribute positively to the visual character of the street.

K & K GC Pty Ltd as trustee for the K & K Family Trust v Gold Coast City Council [2017] QPEC 069
COURTS – JUDGES – apprehension of bias – where judge mentioned complaint made by associate and requested Counsel maintain courteous discourse – whether reasonable apprehension of bias.




Mutual Recognition Amendment (NSW Container Deposit Scheme) Regulations 2017
21/11/2017 - These regulations amend the Mutual Recognition Act 1992 to permanently exempt NSW Container Deposit Scheme legislation from the operation of that Act.

New South Wales

Bills passed by both Houses of Parliament – week ending 17 November 2017

Environmental Planning and Assessment Amendment Bill 2017
The object of this Bill is to amend the Environmental Planning and Assessment Act 1979 (the principal Act) to implement a range of reforms to improve the environmental planning and assessment system in NSW and to re-organise, revise and simplify the provisions of the principal Act. Date Passed without amdt: 14/11/2017 Awaiting Assent, 15/11/2017.

Proclamations commencing Acts

Waste Avoidance and Resource Recovery Amendment (Container Deposit Scheme) Act 2016 No 57 (2017-644) — published LW 24 November 2017.

Regulations and other miscellaneous instruments

Protection of the Environment Operations (General) Amendment (Penalty Notices) Regulation 2017 (2017-647) — published LW 24 November 2017.

Waste Avoidance and Resource Recovery (Container Deposit Scheme) Amendment (Supply and Collection) Regulation 2017 (2017-650) — published LW 24 November 2017.

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.

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The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

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