In the media
Environmental sustainability and economic
interests
The United Nations recently published a study, involving
400 experts from 50 countries, which predicted that human
activities — such as industrial farming, fishing and use of
petrochemical energy — will drive nearly a further one
million species of plants and animals to extinction in a few
decades (09 August 2919).
More...
Unlocking more sustainable finance with GRESB, NABERS
and Green Star
The property sector is fast cottoning on to the power of
green bonds and other sustainable financing mechanisms to create a
more sustainable built environment, including the residential
market (06 August 2019).
More...
NSW
Murray Darling Basin plan untenable for NSW
NSW is considering its options, in relation to the Murray
Darling Basin Plan, after today's Ministerial Council meeting
failed to deliver for regional communities by refusing to pursue
transparency and the threat of buybacks back on the table (04
August 2019).
More...
Court ordered clean-up to cost convicted man
millions
The NSW Environment Protection Authority has secured a
conviction against Mr Thomas Hughes for two waste offences in the
Land and Environment Court (02 August 2019).
More...
Residents fear 'steel box' will ruin
million-dollar Sydney Harbour views
A major stoush is brewing on Sydney Harbour's north
shore as residents fear a three-storey dry dock in Berrys Bay will
destroy their water views and the character of the iconic area (30
July 2019).
More...
Creative Arts Hub Approved for Marrickville
Sydney-based developer Danias Holdings has received the
go-ahead for its $48 million creative precinct located on a former
industrial site in Sydney's inner west. Danias received
development approval from the Sydney Eastern City Planning Panel
for its 18-hectare site (30 July 2019).
More...
Developer Lodges Plans for George Street
Skyscraper
An ambitious development proposal for a 43-storey
apartment and hotel tower on George Street has been lodged by
ASX-listed hospitality giant Event Hospitality and Entertainment
(29 July 2019).
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Queensland
Planning minister calls time on Windsor Hotel
redevelopment saga
Time has run out for a developer planning to build a 93
metre tower behind the historic Windsor Hotel (09 August 2019).
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Queensland planning laws risk alienating communities,
expert warns
In her new book on the state's planning legislation,
Griffith Law School academic Philippa England warns the laws have
created an increasingly disparate planning landscape that risks
leaving communities behind (03 August 2019).
More...
Developer Plans Build to Rent Project in West End
A five level mixed-use development project in
Brisbane's inner city will incorporate built-to-rent according
to plans lodged by Brisbane-based development company Property
Projects Q (01 August 2019).
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In Practice and Courts
Announcements, Draft Policies and Plans released 2019
NSW
The Low Rise Medium Density Housing Code deferred
The State Environmental Planning Policy (Exempt and
Complying Development Codes) (2008) has been amended to extend
for a further short period, until 31 October 2019. For landowners,
pending recommendations of the review, landowners in deferred
council areas will not be able to use the Code to lodge a complying
development application for dual occupancies, manor houses or
terraces until 1 November 2019 (or 1 July 2020 in the City of
Ryde).
More...
New dates for Environmental
Planning & Assessment Act Updates
Councils, certifiers and other industry practitioners have
more time to implement some of the recent EP&A Act
updates. Changes affect new provisions for
building and subdivision certification,
Local Strategic Planning Statements for councils in the Greater
Sydney Region and
Community Participation Plans. CPPs must be finalised and
published on the ePlanning portal by 1 December 2019
Announcements, Draft Policies and Plans released 2019
Queensland
PCA: Queensland planning policy update
A number of local and state government related planning
decisions impacting the property sector have been released.
Have your say: Energy from Waste Policy discussion
paper
The Queensland Government has released a discussion paper
outlining the proposed role for energy from waste, how it could
support the implementation of the
Waste Management and Resource Recovery Strategy and support the
State's transition to the principles underpinning the circular
economy. Energy from waste involves converting waste materials into
fuels, or energy in the form of electricity, heat, or cooling.
Queenslanders can have their say on the
Energy from Waste Policy Discussion Paper. To make a
submission, visit the
Queensland Government website. Submissions close on 26 August
2019.
Cases
NSW
Chen v Cumberland Council [2019]
NSWLEC 1375
DEVELOPMENT APPLICATION – boarding house –
visual and physical character compatibility – amenity –
parking – landscaping
Chief Executive, Office of Environment and Heritage v
Brummell [2019] NSWLEC 114
OFFENCES AND PENALTIES – sentence –
clearing of native vegetation – objective seriousness of
offence – substantial environmental harm caused –
clearing negligent – clearing for financial gain –
foreseeable risk of environmental harm – practical measures
to prevent risk of harm – control over causes – offence
in low-middle range – subjective circumstances of the
offender – no prior convictions – prior good character
– relatively early guilty plea – genuine remorse for
offence and consequences – assistance to authorities –
appropriate fine – moiety of fine – costs
Visionary Investment Group Pty Ltd v Wollongong City
Council (No 2) [2019] NSWLEC 1364
DEVELOPMENT APPLICATION – subdivision –
community title – owner's consent – golf course
– contamination – streambank stabilisation –
availability of water and wastewater infrastructure –
assessment of off-site impacts – Grampian condition –
modification of existing consent
The Bunker 2017 Pty Ltd v North Sydney
Council [2019] NSWLEC 1365
DEVELOPMENT APPLICATION AND BUILDING INFORMATION
CERTIFICATE APPLICATION – whether the consent of the owners
corporation is required for the making of a Building Information
Certificate application in respect of works within a lot in the
strata plan – whether works that rely or encroach on common
property require the consent of the owners corporation as the owner
of land to which the development relates – whether the
proposal for the use of a commercial lot as an office has an
unacceptable impact on the amenity and security of the mixed-use
building
Abrams v The Council of the City of
Sydney (No 5) [2019] NSWLEC 1368
DEVELOPMENT APPEAL– new residential flat
building – remitted matter – variation to height
control – variation to floor space ratio control –
whether the variation request is well-founded – whether the
objectives of the controls are met – sufficiency of
environmental planning grounds
Environment Protection Authority v Grafil Pty
Ltd; Environment
Protection Authority v Mackenzie [2019]
NSWCCA 174
APPEAL AND REVIEW – question of law stated under
Criminal Appeal Act s 5AE during summary proceedings in
Land and Environment Court – offence of using land as a waste
facility without lawful authority – whether prosecutor
permitted to make second s 5AE request in substantially different
form to first request – meaning of "waste" –
whether recycled materials deposited on land in stockpiles met
definition of waste – whether stockpiling of materials on
land a scheduled activity – whether depositing waste on land
was the scheduled activity of waste disposal by application to land
– whether temporary stockpiling of waste on land was the
scheduled activity of waste storage – meaning of
"asbestos waste" – whether waste contained asbestos
– application of exemption granted under regulations –
effect of exemptions that activity a non-scheduled activity –
statutory exception to onus of proof – defendants bore onus
of proving lawful authority – defendants bore onus of proving
exemptions apply – no lawful authority pursuant to
development consent or other approval – whether continuing
offence proven – whether offences time barred – errors
of law established – proceedings remitted to Land and
Environment Court for determination in accordance with the answers
given to the submitted questions WORDS AND PHRASES –
"waste" – "waste facility" –
"waste disposal by application to land" –
"waste storage" – "asbestos waste"
– "without lawful authority"
Captive Vision Pty Ltd v Ku-ring-gai
Council (No 2) [2019] NSWLEC
109
CIVIL PROCEDURE: application for the determination of a
separate question – whether delay in the making of the
application – Class 1 appeal to be heard imminently –
separate question comprised gravamen of Class 1 appeal – no
utility in determining separate question – no evidence of
savings in time or costs if question determined separately –
application refused – not fair or reasonable to make costs
order.
Hansimikali v Bayside Council
[2019] NSWLEC 1353
DEVELOPMENT APPLICATION – mixed-use development
– exceedance of the height of buildings development standard
– whether the proposal is consistent with the desired future
character of the locality – amenity of the adjoining low
density residential dwellings
Sydney Tools Pty Ltd v Canterbury-Bankstown
Council [2019] NSWLEC 1358
DEVELOPMENT APPLICATION – light industrial land
use zone – current use not subject of consent –
hardware and building supplies store – warehouse and
distribution centre – traffic and access – noise.
Environment Protection Authority v Mortdale Recycling
Pty Ltd [2019] NSWLEC 106
ENVIRONMENTAL OFFENCES – sentencing –
breach of condition of Environmental Protection Licence –
waste recycling facility – waste in excess of prescribed
limit received and processed at facility – plea of
guilty– sentencing considerations – low to medium
objective seriousness – offence committed negligently –
no actual environmental harm –– no prior convictions
– assistance to authorities – contrition and remorse
– order to pay Prosecutor's costs – order to pay
penalty amount to the Environmental Trust – publication
orders made.
Environment Protection Authority v Hughes
[2019] NSWLEC 108
ENVIRONMENTAL OFFENCES: unlawful transport and
disposal of waste – pleas of guilty – sentencing
principles – application of De Simoni principle –
relevance of offender's state of mind where De Simoni applies
– calculation of volume of waste deposited – actual
environmental harm caused by the commission of the offence –
potential environmental harm caused by commission of offences
– offences committed intentionally – offences committed
for financial gain – no prior convictions – no apology
– cost of remediation substantial – appropriateness of
extent of publication order – application of totality
principle – monetary penalty imposed – remediation
order made – publication order made.
Queensland
Bond v Chief Executive, Department of Environment and
Science [2019] QCA 153
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND
TERRITORY COURTS – COSTS – GENERALLY – where the
applicant applied for leave to appeal against a decision of the
Planning and Environment Court inter alia refusing to stay an
appeal in that Court pending the final resolution of a criminal
prosecution against the him – where the Court of Appeal
granted leave to appeal, and the appeal was allowed in part with
leave to make submissions on costs – where the parties agreed
as to the appropriate costs order – whether the respondent
ought to pay 50 per cent of the applicant's costs of the
application for leave to appeal and of the appeal
Iveson v Scenic Rim Regional Council &
Anor [2019] QCAT 197
ENVIRONMENT AND PLANNING – ENVIRONMENTAL
PLANNING – DEVELOPMENT CONTROL – CONTROL OF PARTICULAR
MATTERS – RESIDENTIAL – CARAVAN PARKS AND MOVEABLE
DWELLINGS – where the applicant was permitted to erect a
cabin on land near a caravan park – where the applicant
occupied the cabin from time to time from 1990 – where the
cabin was used intermittently for recreational purposes –
where the land on which the cabin was erected was held under
license only – where the licence permitted camping only
– where the respondent council was trustee of a reserve on
adjacent land at which it operated a caravan park – where the
council gave the applicant notice to leave the site ––
whether the land on which the cabin was sited was land in a
residential park – whether the cabin was a manufactured home
– whether the respondents were park owners
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS
– ENDING PROCEEDINGS EARLY – SUMMARY DISPOSAL –
GENERALLY – where the applicant applied in the Tribunal under
manufactured homes legislation for compensation – where the
respondents applied in the Tribunal to strike out the
applicant's claim on the basis there was no residential park
dispute between the parties giving the Tribunal jurisdiction to
determine the applicant's claim
Acts Interpretation Act 1954 Qld s 14B; Land Title Act 1994 Qld s 184; Manufactured Homes (Residential Parks) Act 2003 Qld ss 8, 11, 12, 13, 14, 14A, 117
Legislation
Criminal Code Amendment (Agricultural Protection) Bill
2019
House of Representatives Third reading agreed to 01
August 2019
Amends the Criminal Code Act 1995 to introduce two new
offences in relation to the incitement of trespass or property
offences on agricultural land. The Bill contains exemptions for
journalists and those who are making lawful disclosures of
information, including whistleblowers
Landholders' Right to Refuse (Gas and Coal) Bill
2015
Senate: Restored to Notice Paper 31 July 2019
The bill: provides that Australian landholders have the right to
refuse the undertaking of gas and coal mining activities by
corporations on their land without prior written authorisation;
sets out the requirements of a prior written authorisation;
provides for relief which a court may grant a land owner when prior
written authorisation is not provided; prohibits hydraulic
fracturing for coal seam gas, shale gas and tight gas by
corporations; and provides for civil penalties.
NSW
Regulations and other miscellaneous instruments
Land
Management (Native Vegetation) Code Amendment (Monaro and Werriwa
Grassy Woodland Critically Endangered Ecological Communities)
2019 (2019-361) — published LW 2 August 2019
Local
Land Services Amendment (Critically Endangered Ecological
Communities) Regulation 2019 (2019-362) — published LW 2
August 2019
Water
Management (General) Amendment (Exemption) Regulation 2019
(2019-367) — published LW 2 August 2019
Environmental Planning Instruments
Bills introduced Non-Government – 09 August
2019
National Parks and Wildlife Amendment (Tree Thinning Operations)
Bill 2019
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.
