In the media
Commonwealth
Productivity Commission report charts change in social
housing provision
The annual 2021 Productivity Commission report on
government services and housing reveals that the ongoing long-term
reduction in the number of public housing dwellings (17 February
2021).
More...
Victoria
Designs and tender released for eighth vertical
school
Victoria will soon have another new vertical government
school to address population growth across the inner city. The
project has been funded by the Labor Government with more than $36
million invested in the Victorian Budget 2020-21, a further $5
million delivered from the Infrastructure Planning and Acceleration
Fund (17 February 2021).
More...
Electric vehicle technology pulls in to
Maryborough
One of the world's most advanced electric vehicle
(EV) rapid chargers has been installed at
Maryborough in Central Victoria as part of 17 EV chargers under
construction throughout the region, due to the Andrews Labor
Government's work to boost tourism, reduce emissions and
support the uptake of electric vehicles (16 February 2021).
More...
Backing our environmental volunteers
The Andrews Labor Government is funding 20 new and
innovative volunteer projects, including creative ideas to restore
koala habitat. The $2 million Fund supports conservation projects
by helping with the costs of training, delivery and equipment,
making sure people from all walks of life are able to volunteer in
our parks and forests (16 February 2021).
More...
Experts to lead major independent review of Wildlife
Act
The Andrews Labor Government has appointed an independent
expert advisory panel to lead a review of the key Act that protects
and manages our state's unique wildlife (15 February 2021).
More...
Docklands office tower gets green light
Digital Harbour Holdings' has plans to build a $195
million, 22-storey office building on the western edge of the
Docklands after receiving the final nod of approval. The state
minister for planning referred the application to council who voted
to support the plans at 208-226 Harbour Esplanade, Docklands at the
newly-rebranded City Harbour (09 February 2021).
More...
Ten year vision for social and affordable housing
The Andrews Labor Government is inviting Victorians to
have their say on social and affordable housing as part of a
10-year strategy that will ensure more Victorians have safe,
suitable and secure housing (09 February 2021).
More...
Review to determine growth boundary in booming Surf
Coast
Spring Creek has become the latest flashpoint in a
controversial planning review looking at how the Torquay area can
accommodate massive growth (07 February 2021).
More...
NSW
Developers forced to fix defects after commissioner
wields new powers
The NSW Building Commissioner has shown he will not
hesitate using one of his strongest powers to clean up the
construction industry, issuing prohibition orders on several
projects (19 February 2021).
More...
Central Waste Plant Pty Ltd to pay over $125,000 for
alleged licence breach
Central Waste Plant Pty Ltd has entered into an
Enforceable Undertaking with the NSW Environment Protection
Authority to pay $111,000 towards conservation and clean-up
programs after it received more than double the amount of waste
allowed, through its Kurri Kurri facility (18 February 2021).
More...
Forestry Corporation fined for failing to mark out a
prohibited logging zone
The NSW Environment Protection Authority has fined
Forestry Corporation of NSW for allegedly failing to mark up a
protected zone during a logging operation on the NSW Central Coast
(18 February 2021).
More...
Green light for more solar in strata
The NSW Government has delivered on its promise to drive
clean, reliable and affordable energy in NSW through the passage of
new amendments in Parliament that make it easier to install
renewable energy into strata buildings (17 February 2021).
More...
$16.5 million for more green space
More than $16 million from the NSW Government's
COVID-19 stimulus fund will help deliver more quality green public
space on Crown land across Greater Sydney (16 February 2021).
More...
Green light for $1 billion metro town centre
The creation of a town centre in Sydney's thriving
north-west, which will feature new homes, create more than 2,000
jobs and provide the public with more open space, has been approved
by the NSW Government (14 February 2021).
More...
Parramatta Powerhouse plans given green light
Plans for the new Powerhouse Museum at Parramatta have
been approved by the NSW Government, ensuring the city's future
as the jobs and cultural powerhouse of Western Sydney. The
inclusion of green open space as part of the overall plans will be
beneficial for locals and visitors to Parramatta (13 February
2021).
More...
National art school site joins the State Heritage
Register
The former Darlinghurst Gaol, now the site of the National
Art School, has been listed on the State Heritage Register. The
listing protects an important part of NSW's historical and
cultural history (12 February 2021).
More...
Housing reforms a win for renters
Renters will have more choice and the property industry
will be transformed by a raft of planning and tax reforms that will
make build-to-rent housing a reality in NSW (12 February 2021).
More...
New Build to Rent policy changes show the way for
Planning Reform
Urban Taskforce Chief Executive, Tom Forrest, said that
the new state planning rules for Build to Rent showed the way
forward for solving the growing Sydney housing supply crisis. The
new State Environmental Planning Policy Amendment for
Build to Rent housing, gazetted, combined with modest tax
concessions could result in greater investment in housing and more
supply (12 February 2021).
More...
NSW Government starts process to remove high-risk
cladding
The NSW Government has announced further details of the
project to facilitate the removal of high-risk combustible cladding
from residential apartment buildings across the State (10 February
2021).
More...
Keating, Turnbull behind Macquarie Street shake-up
Sydney's "overlooked" Macquarie Street could
be revived into a cultural hub as part of a major shake-up of the
historical stretch on the city's eastern fringe. Macquarie
Street houses some of the state's most significant cultural and
historic buildings and forms the civic spine of Sydney, its authors
said in its Macquarie Street East Precinct Review (09 February
2021).
More...
New homes forecast for Sydney over next five years stuck
in slow lane
Under the most likely scenario, the government estimates
about 31,000 new dwellings a year will be built over the period (06
February 2021).
More...
Queensland
$100,000 in fines for illegal waste operators
More than $100,000 in fines have been issued in the past
three months to people who have been illegally operating in the
waste industry in Queensland (12 February 2021). More...
Brisbane approves wave of waterfront developments
Brisbane's city skyline will continue to transform
with a wave of major development projects receiving the official
tick of approval. Council's decisions reflect major development
taking place in Brisbane CBD (09 February 2021).
More...
Quarry company fined for EA offences
A quarry company has been fined $60,000 in the Toowoomba
Magistrates Court after pleading guilty to two offences of the
Environmental Protection Act 1994 (09 February 2021).
More...
Brisbane historic riverside mansion Lamb House protected
from development under council planning amendments
The Brisbane City Council has approved planning amendments
that prevent the grounds of the heritage-listed, riverside mansion,
Lamb House, from being developed. The Queensland Government also
imposed an enforcement notice on the house preventing demolition or
the removal of any structures (09 February 2021).
More...
Kangaroo Point residents question developer influence on
neighbourhood plan: Courts
Councillor Jonathan Sri, said the arrangement for
constituting Community Planning Teams as part of Council's
drafting process for neighbourhood plans, "is not transparent,
representative or democratic." (08 February 2021).
More...
In Practice and Courts
Governors Domain and Civic Precinct recognised on the
National Heritage List
An outstanding historic precinct with a diversity of
historic parks, gardens, streets, archaeological sites and
buildings has been added to the National Heritage List (10 February
2021).
More...
Call for nominations - threatened species, ecological
communities or key threatening processes
Nominations are invited for species, ecological
communities or key threatening processes to be considered for
listing under national environment law during the assessment period
starting 1 October 2021. More...
Victoria
Victoria's draft 30-Year Infrastructure
Strategy
We have released
Victoria's Draft 30-Year Infrastructure Strategy and are
inviting all Victorians to have their say.
Community consultation ends on February 26, 2021. The final 30-year
infrastructure strategy will be presented to the Victorian
Government in mid-2021. To read the draft strategy, or participate
in community consultation opportunities visit
here.
New Environment Protection Act postponed to July
2021
The legislation has been postponed and is intended to
commence on 1 July 2021. On that basis, EPA will continue to
regulate under the Environment Protection Act 1970, including all
existing subordinate legislation (Regulations and statutory
policies including state environment protection policies and waste
management policies) until the new commencement date.
More...
Announcements, Draft Policies and Plans released 2020
NSW
Have your say on changes to how building design and
construction is regulated in NSW
The development of supporting regulations is the next step
on delivering on this piece of the Government's building reform
agenda, with the scheme commencing on 1 July 2021. The Design and
Building Practitioners Regulation commences on this date.
More...
NSW Revenue: Extension to HomeBuilder Grant
On 29 November 2020 the Australian Government announced an
extension to the HomeBuilder program until 31 March 2021.
More...
Strata statutory review: Consultation now open
The Government has commenced a wide-ranging review of the
laws affecting strata schemes under the
Strata Schemes Management Act 2015 and the
Strata Schemes Development Act 2015.
Public consultation is now open and will close on
7 March 2021. Please visit the
Have your say - strata statutory review website to access the
Strata Discussion Paper and for surveys on management and
development issues.
Proposed SEPP amendment to allow outdoor dining pilot in
Sydney CBD
City Of Sydney - The department is seeking your feedback
on a proposed amendment to the Codes SEPP which will facilitate a
simplified, streamlined process for small bars and pubs in the City
of Sydney to have outdoor dining. The Outdoor Dining Trial will run
from 30 October 2020 until 31 October 2021. More...
EPA draft Construction Noise Guideline to drive reduced
impact on community
The NSW Environment Protection Authority
(EPA) has published a draft Construction Noise
Guideline for public consultation that improves and modernises the
current Interim Construction Noise Guideline. We are seeking
feedback on the guideline until 15 March 2021. Have your say here.
Agricultural Land Use Planning Strategy
The NSW Agriculture Commissioner is seeking feedback on
options to improve certainty and consistency for agriculture in the
planning framework. The Agriculture Commissioner recommends the
development of an Agriculture Land Use Planning Strategy to address
three key issues. Have your say by 28 February 2021.
More...
Proposed special infrastructure contribution for Western
Sydney Aerotropolis
The proposed Special Infrastructure Contribution for
Western Sydney Aerotropolis is on exhibition until 18 December
2020. Have your say by 26 February 2021. More...
Queensland
Moreton Bay Economic Strategy
Moreton Bay Regional Council has released its
Regional Economic Development Strategy 2020 – 2041 to
support its 'Bigger, Bolder, Brighter' vision. The strategy
recognises the construction industry as a big contributor to the
local economy and capitalises on the region's access to major
road and rail (18 February 2021).
Roma Street Cross River Rail Priority development
area
Submissions are now being invited to contribute on the
proposed
Roma Street CRR PDA Development Scheme, Draft Development and
Offset Plan. With a new underground Roma Street Cross River
Rail station being constructed, the PDA will be used to guide a
coordinated development of the surrounding precinct. Submissions
close on 1 April 2021.
Gold Coast Coastal Adaptation Plan
The City of the Gold Coast has released its draft Coastal
Adaptation Plan for feedback. The plan outlines a long-term
strategy for how the Gold Coast responds to the impact of climate
change. Community engagement runs from 19 January to 19 February
2021. To read the draft plan or to provide feedback, please click
here.
Rockhampton Regional Council expands development
incentives policy
Rockhampton Regional Council has expanded its development
incentives policy to include multi-residential unit developments
within close proximity to the CBD. The policy will apply to
DA's lodged between 1 January 2021 and 31 December 2021. For
more information, please click
here.
Build-to-Rent update - approved
projects
The Queensland Government has approved two Brisbane-based
affordable housing projects by developers following a Request for
Detailed Proposals from shortlisted applicants from the Expression
of Interest Phase of the Pilot Project. It is anticipated
construction will commence mid-2021 following the finalisation of
designs for the projects, with operations expected to commence in
2023.
More...
Consultations
SDA application for a material change of use for a transport depot
(hardstand truck pad) in the
Townsville State Development Area Closes 09 March 2021
Inland Rail – Calvert to Kagaru project – draft
environmental impact statement Closes 8 March 2021
Inland Rail – Border to Gowrie project – draft
environmental impact statement Closes 19 April 2021
Cases
Victoria
Mason v Head, Transport for Victoria
[2021] VSCA 19
LAND VALUATION AND COMPENSATION – determination of
questions reserved by order of trial judge pursuant to Supreme
Court Act 1986, s 17B – rights of owners of land to
compensation in circumstances where value of land is adversely
affected by imposition of reservation for public purposes pursuant
to planning scheme – interpretation of ss 98(1) and 108 of
the Planning and Environment Act 1987 ('P&E Act')
– subject land reserved for a public purpose under a planning
scheme; registered proprietor at the time reservation was imposed,
died without having sold the land; applicants became registered
proprietors as beneficiaries under the land owner's will
– Whether applicants precluded from claiming compensation
under s 98(1)(a) of the P&E Act on the basis that they were not
owners of the land at the time of the imposition of the planning
reservation – reconsideration of Halwood Corporation Ltd
v Roads Corporation [1998] 2 VR 439 – reasoning with
respect to s 98(1) – Sufficient that claimant be owner or
occupier at the date the right to compensation arises – claim
limited to financial loss suffered as the natural, direct and
reasonable consequence of the reservation – whether in
circumstances where applicants became registered proprietors as
beneficiaries under the will of the former registered proprietor,
they have 'acquired' the land within the meaning of s
108(2) of the P&E Act – applicants have not since the
reservation 'acquired' the land within the meaning of that
word understood in its context – leave for consideration of
questions granted – both questions answered 'no'
– Planning and Environment Act 1987 ss 98, 99, 108 –
Halwood Corporation Ltd v Roads Corporation [1998] 2 VR
439 reconsidered.
Warburton Environment Inc v VicForests (No 3)
[2021] VSC 35
PRACTICE AND PROCEDURE – timber harvesting of State
forests – standing where plaintiff is an environment group
– statement of claim – claim for declarations of
criminal conduct in civil proceedings – adequacy of prayer
for relief – interlocutory injunction – confidentiality
of documents to be produced – Civil Procedure Act 2010 (Vic)
s 47 – Supreme Court (General Civil Procedure) Rules 2015
(Vic) rr 29.10, 29.11, 47.04 – Sustainable Forests (Timber)
Act 2004 (Vic) ss 14(2), 16, 46(a) – Illegal Logging
Prohibition Act 2012 (Cth) – Code of Practice for Timber
Production 2014 – management Standards and Procedures for
timber harvesting in Victorian State forests 2014.
Barnsley v Darebin CC [2021] VCAT
104
Planning and Environment List – whether s 77 of the
Planning and Environment Act 1987 (Vic) is an exercise of judicial
or administrative power – Chapter III Australian Constitution
ss 71, 75, 76 – Judiciary Act 1903 (Cth) s 39 –
preliminary matter to determine jurisdiction of the Victorian Civil
and Administrative Tribunal – Meringnage v Interstate
Enterprises Pty Ltd [2020] VSCA 30 considered –
Burns v Corbett [2018] HCA 15 [43] considered –
Krause v Williams [2020] VCAT 479 distinguished –
Bennett v Depke [2020] VCAT 942 distinguished – held
the Tribunal is exercising administrative power pursuant to s 77 of
the Planning and Environment Act 1987 (Vic) – Held the
Tribunal has jurisdiction to determine the matter.
NSW
Australian Village No. 12 – Gladstone St Pty Ltd
v Inner West Council [2021] NSWLEC
1080
DEVELOPMENT APPLICATION – change of use from
commercial to residential – proper characterisation of
development application – whether provision in local
environmental plan requiring 60 per cent commercial floor space a
prohibition or development standard – clause 4.6 objection
– whether compliance is unreasonable or unnecessary –
whether in the public interest.
Sawaqed v City of Ryde Council
[2021] NSWLEC 1070
DEVELOPMENT APPLICATION – mixed use building –
alterations and additions – parking – direct access to
classified road.
Simon v Goltsman [2021] NSWLEC
1069
TREES (DISPUTES BETWEEN NEIGHBOURS) – neighbouring
hedge – cypress – obstruction of sunlight and views
– whether the obstruction is severe – whether the
applicant had access to sunlight and views – whether access
to sunlight and views resulted from non-compliance with conditions
of development consent – whether the extent of obstruction
has increased since the applicant has owned the property –
privacy and other benefits – avoiding adverse impacts to
amenity.
Environment Protection Authority v Koppers Carbon
Materials & Chemicals Pty Ltd (the Emission
Incidents) [2021] NSWLEC
13
ENVIRONMENT AND PLANNING – offences – air
pollution – sentencing.
Environment Protection Authority v Koppers Carbon
Materials & Chemicals Pty Ltd (the Spill
Incident) [2021] NSWLEC
12
ENVIRONMENT AND PLANNING – offences – breach
of licence condition – sentencing.
Stock v Wingecarribee Shire Council
[2021] NSWLEC 1066
DEVELOPMENT APPLICATION – secondary dwelling –
characterisation of secondary dwelling – permissible
development – location of the secondary dwelling would result
in an adverse impact of the character of the rural area.
Manly Developments 2016 Pty Ltd v Northern Beaches
Council [2021] NSWLEC
1008
DEVELOPMENT APPLICATION – residential flat building
– existing use rights – bulk and scale –
stormwater – privacy – excavation - contentions largely
resolved – resident submissions – conditions in
dispute.
Triple Blue Pty Ltd v Woollahra Municipal
Council [2021] NSWLEC
1065
DEVELOPMENT APPLICATION – alterations and additions
to an existing residential flat building – impact on the
heritage significance of the adjoining heritage item.
Grant William Clarke v Shoalhaven City Council (No
2) [2021] NSWLEC 8
ENVIRONMENT AND PLANNING – Appeal - Development
application – Shoalhaven Local Environmental Plan 2014
– Statutory construction – Application of clause 4.2B
– Relationship between clause 4.2B and clause 4.E ENVIRONMENT
AND PLANNING – Land and Environment Court – practice
and procedure – time for 56A appeal – extension of time
– exercise of discretion – leave granted.
Hejtmanek v Byron Shire Council
[2021] NSWLEC 1058
DEVELOPMENT APPLICATION – alterations and additions
to existing dwelling plus secondary dwelling – flooding risk
mitigated – solar access amenity to adjoining property.
Queensland Rifle Association Inc v State of
Queensland [2021] FCA
110
NATIVE TITLE – non-claimant application for
determination of native title under s 61(1) Native Title Act 1993
(Cth) – negative determination – subject land used as a
rifle range – whether within power and appropriate for Court
to make orders sought – application granted. Native Title Act
1993 (Cth) ss 13, 61, 66, 81, 86G, 225 and 253.
Oakey Coal Action Alliance Inc v New Acland Coal Pty
Ltd [2021] HCA 2
Appeal allowed – Administrative law –
apprehended bias – relief – jurisdiction of inferior
courts – where first respondent applied for additional mining
leases and amendment to existing environmental authority
("applications") – where appellant and others
lodged objections to applications – where first decision of
Land Court of Queensland ("Land Court") recommended that
both applications be rejected – where Supreme Court of
Queensland rejected arguments by first respondent that
recommendations made by Land Court affected by apprehended bias,
but held recommendations involved errors of law and remitted
certain matters to Land Court for reconsideration – where
second decision of Land Court constituted by different Member
recommended applications be approved subject to conditions –
where amendment to environmental authority granted by delegate of
second respondent – where Court of Appeal allowed
cross-appeal by first respondent and held that recommendations in
Land Court's first decision affected by apprehended bias
– whether open to Court of Appeal, after finding that
recommendations in Land Court's first decision affected by
apprehended bias, not to refer matters to which recommendations
related back to Land Court for full reconsideration, and instead to
make consequential orders limited to declaration that procedural
fairness not observed – whether matters to which
recommendations related should not be referred back to Land Court
on basis of discretion to refuse relief.
Environmental Protection Act 1994 (Qld), Ch 5. Judicial Review Act
1991 (Qld), s 30. Land Court Act 2000 (Qld).
Mineral Resources Act 1989 (Qld), Ch 6.
Queensland
Sunshine
Coast Regional Council v Gavin & Anor (No. 2)
[2021] QPEC 2
ENVIRONMENT AND PLANNING – BUILDING CONTROL –
OTHER MATTERS – where the first and second respondents
constructed a building and used it as an 'accommodation
building' in a zone where this use was not permitted –
where respondents accepted they had committed development offences
– what enforcements orders are appropriate to secure
compliance with the legislative scheme
ENVIRONMENT AND PLANNING – OTHER MATTERS – STAY OF
ORDERS – where enforcement orders to be made requiring
building works to be carried out – where respondents have
commenced proceedings in the Court of Appeal – where
respondents seek a stay of the orders – whether prejudice to
applicant or respondent
ENVIRONMENT AND PLANNING – OTHER MATTERS – COSTS
– where application for enforcement orders –
jurisdiction to award costs – where applicant largely
successful – whether respondents should only pay a part of
the applicant's costs – whether applicant should have its
costs of briefing senior and junior counsel
Planning Act 2016 Qld s 180; Planning and Environment Court Act
2016 Qld s 58, s 59, s 61(1), s 63
Planning and Environment Court Rules 2018 Qld r 4; Uniform Civil
Procedure Rules 1999 Qld r 680, r 686, r 687, r 702, r 742.
Powe
v David Hansen on behalf of Logan City Council
[2021] QDC 12
CRIMINAL LAW – PLANNING ACT OFFENCES – APPEAL
FROM MAGISTRATES COURT – interpreters not sworn –
inadmissible evidence tendered – whether miscarriage of
justice
Justices Act 1886 Qld; Local Government Act 2009 Qld; Oaths Act
1967 Qld; Planning Act 2016 Qld; Sustainable Planning Act 2009
Qld.
Waratah
Coal Pty Ltd v Youth Verdict Ltd & Ors (No 2)
[2021] QLC 4
HUMAN RIGHTS – JURISDICTION AND PROCEDURE –
QUEENSLAND – where the objectors contended that the grant of
a mining lease and environmental authority would be incompatible
with the Human Rights Act 2019 – where the objectors provided
particulars to that effect – where the applicant contended
that particulars provided did not adequately inform the applicant
as to the case they had to meet nor the real issues in dispute
– where the applicant sought further and better particulars
– where the Department of Environment and Science identified
five steps for the Court in complying with s 58 of the Human Rights
Act 2019 – where the Department of Environment and Science
submitted that the human rights case raised by the objectors was
not adequately articulated – where the human rights case
involves questions of law and policy as well as facts and
circumstances – where the Court concluded requiring further
particulars was not the best way to fully articulate the human
rights case – where the Court identified different processes
for that to occur
ENERGY AND RESOURCES – MINERALS – COURTS OR TRIBUNALS
EXERCISING JURISDICTION IN MINING MATTERS – PROCEDURE –
PARTICULARS – where the objectors contended that a mining
lease and environmental authority should not be granted –
where the objectors provided some particulars of their objections
– where the applicant contended the particulars did not
adequately inform the applicant as to the case they had to meet nor
the real issues in dispute – where the applicant sought
further and better particulars – where the Court has wide
discretion in its procedure but must afford procedural fairness
– where the Court must assess what particulars are necessary
in order for the other party to know what case they must meet
– where the applicant sought particulars based on five
categories defined by the objectors' reasons for refusing to
provide them – where the Court considered whether other
processes could clarify the real issues – where the Court
ordered the objectors to provide an exhaustive list of classes of
individuals whose human rights they say will be limited by the
application being granted – where the Court did not order
further particulars on other matters at this stage of the
case
Environmental Protection Act 1994 Qld s 182, s 185, s 186(a)
Human Rights Act 2019 Qld s 13, s 15, s 16, s 24, s 25(a), s 26(2),
s 28, s 58, s 58(1)(a), s 58(1)(b), s 58(2)
Mineral Resources Act 1989 Qld s 265(1), s 265(2), s 265(10), s
268
Uniform Civil Procedure Rules 1999 Qld r 157.
Legislation
?NSW
Regulations and other miscellaneous instruments
Final Determination (2021-59) — published LW 19 February
2021
Final Determination (2021-60) — published LW 19 February
2021
Biodiversity Conservation Act 2016 — Determination
(2021-37) — published LW 12 February 2021
Biodiversity Conservation Act 2016 — Final Determination
(2021-38) — published LW 12 February 2021
Biodiversity Conservation Act 2016 — Final Determination
(2021-39) — published LW 12 February 2021
Environmental Planning and Assessment Amendment (Build-to-rent
Housing) Regulation 2021 (2021-41) — published LW 12
February 2021
Environmental Planning and Assessment Amendment (Development
Contributions) Regulation 2021 (2021-40) — published LW
12 February 2021
Natural Resources Access Regulator Amendment (Relevant Agencies)
Regulation 2021 (2021-43) — published LW 12 February
2021
Environmental Planning Instruments
State Environmental Planning Policy Amendment (Build-to-rent
Housing) 2021 (2021-52) — published LW 12 February
2021
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.
