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Planning and Environment in NSW Blog

Articles: 1-10 of 76

Brexit: Lessons in tone when producing records

European Union, United Kingdom - September 17 2019 "The lady doth protest too much, methinks" [Hamlet, Act 3, scene2] So it is now said when a person's protestations are laid on too heavily. We see…

Climate change litigation in 3D: the new human rights dimension

Australia - July 31 2019 Climate change has traditionally been approached from a two dimensional space. Firstly, as an environmental problem, or more recently, as an economic…

Contravening development standards: further clarification on the construction of clause 4.6

Australia - June 14 2019 Land and Environment Court of NSW Chief Justice Preston has continued his consideration of how clause 4.6 in local environmental plans should be…

Is a site audit statement worth the ‘paper’ it is written on?

Australia - March 21 2019 In many transactions, site audit statements have become de facto certificates that a condition precedent or condition subsequent in an agreement has…

Environmental Management Systems: what boards can learn from the Banking Royal Commission

Australia - March 8 2019 In Australia, the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry has exposed remarkable failures in…

Australia’s first native title compensation case: What will the High Court decide?

Australia - March 4 2019 The Timber Creek native title compensation appeals, which were heard by the High Court in September 2018, are widely seen as one of the biggest…

Court upholds concerns over climate change impacts in refusing consent to open cut coal mine

Australia - February 17 2019 In a landmark decision, NSW Land and Environment Court Chief Justice Preston has rejected an application for an open cut mine in the Gloucester…

New Development Codes in New South Wales seek to address the “missing middle”

Australia - August 2 2018 The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) has been amended to fast track development of low…

Legislation Series: Updates to the Environmental Planning and Assessment Act 1979 - Local Strategic Planning Statements

Australia - May 10 2018 This is the next in our series of posts commenting on the recent updates to the Environmental Planning and Assessment Act 1979 (the Act). Parts one…

BAM! Implications of the Biodiversity Conservation Act 2016 on the assessment of development applications

Australia - May 4 2018 The Biodiversity Conservation Act 2016 (NSW) (BCA) commenced on 25 August 2017 and with it commenced a restructure to the assessment of biodiversity…