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EPA Fines Company $30,000 for Breaching Licence and Polluting Waters

The NSW Environment Protection Authority (EPA) has recently fined South Coast Plant Hire Pty Ltd (South Coast), a resource recovery facility in Bomaderry, $30,000 for allegedly breaching its licence conditions and discharging waste water from the site.

It is alleged that South Coast Plant Hire failed in its responsibilities when its operations led to polluted water flowing off-site.

In December 2017, the EPA carried out a site inspection and found a containment system holding polluted water had overflowed. The water was used to suppress dust and contained waste water from stockpiles. [...]  READ MORE →

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Supreme Court decision highlights the importance of careful preparation of Proposed Acquisition Notices

The Supreme Court of NSW has handed down a decision that highlights the importance for public authorities including Councils to be thorough and have express regard to the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (Just Terms Act) when preparing Proposed Acquisition Notices (PAN).

The decision of Justice Hammerschlag in Desane Properties Pty Limited v State of New South Wales [2018] NSWSC 553 found that a PAN issued by the RMS was invalid as it failed to meet the formal requirements under the Just Terms Act. Specifically, the PAN did not comply with the approved form prescribed by the Minister, it failed to state the public purpose of the acquisition and it was issued for an improper purpose. [...]  READ MORE →

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The New Crown Land Management Act 2016

On 1 June 2018, the Minister for Lands and Forestry, the Hon. Paul Toole MP announced that the Crown Land Management Act 2016 (NSW) (CLM Act) will commence on 1 July 2018.

Local councils will commence management of Crown reserves under the Local Government Act 1993 (LGA) from 1 July 2018, and must be ready to start the transition to the new requirements from that date.

An Interim Schedule of Crown Reserves was distributed to each council to help complete the preparatory work of classifying and categorising Crown Reserves. [...]  READ MORE →

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Can an intervener/objector participate in s34 conciliation conference after the onsite consultation?

On 19 April 2018, judgment was delivered in M.H.Earthmoving Pty Ltd v Cootamundra-Gundagai Regional Council [2018] NSWLEC 56 dismissing a motion by Gundagai Community Environmental Impact Group (GCEIG), an objector to the subject class 1 proceedings seeking an order to be permitted to participate in the “closed door” part of the s 34 conciliation conference.

Full judgment can be found here.

Background

The Class 1 proceedings in question concerned an application made by the Applicant in relation to the decision of the Southern Joint Regional Planning Panel (JRPP) to refuse the Applicant’s development application for the expansion of an existing solid waste, non-putrescible, landfill at the subject land. The Respondent Council is the relevant public authority to defend the decision of the JRPP in this matter. [...]  READ MORE →

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Increased Council and Court Powers under the recently reformed Environment Planning and Assessment Act

The recently reformed Environmental Planning & Assessment Act 1979 (the Act) continues to be rolled out over the first half of 2018. As well as the other amendments aforementioned in our previous article, one of the major changes to the Act is with regard to the increased powers given to Local Councils and Courts when dealing with complying development certificates for local development applications.

In order to achieve the NSW Government’s primary purpose “to promote confidence in our state’s planning system”, the Act aims to enable Local Councils and Courts to adequately and appropriately deal with developments and their relative certificates with more ease by granting them increased powers in this area. [...]  READ MORE →

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Justice Legislation Amendment Act 2018

Assented in early March 2018, the recently introduced Justice Legislation Amendment Act 2018 sets out to amend the Land and Environment Court Act 1979 in order to increase the scope of issues that the Court can deal with regarding Class 4 Proceedings.

The purpose of this amendment is to “strengthen and streamline procedural processes” in NSW Courts and Tribunals. While it is only a minor amendment to the Land and Environment Court Act 1979 its purpose is to ensure that the matters already heard within this Court are more appropriately prescribed as Class 4 Civil Enforcement Matters, and not as Class 3 Miscellaneous matters, which how they are classed currently. [...]  READ MORE →

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New Land and Environment Court Practice Notes

On 1 March 2018, the new amended Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act) came into force. A newsletter article outlining the key amendments can be found here https://www.matthewsfolbigg.com.au/news/planning-environment/key-amendments-environmental-planning-assessment-act/

New provisions vs old provisions

Clause 4A of Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 provides that a reference in any document to a provision of the repealed EP&A Act that has been renumbered or relocated by the new EP&A Act is taken to be a reference to the renumbered or relocated provision. In other words, wherever an old provision of the EP&A Act is mentioned, that it is to be read as if the new provision applies. [...]  READ MORE →

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Key Amendments to the Environmental Planning and Assessment Act

On 1 March 2018, the Environmental Planning & Assessment Act 1979 (the Act) underwent its largest and most significant change since it commenced in 1979. Many of the changes are expected to be implemented throughout 2018 with further amendments being rolled out over the course of the next two years.

The NSW Government has stated that the amendments provide “an updated, modern planning system that is simpler, faster and designed to ensure high quality decision and planning outcomes for the people of NSW”. The Bill was before NSW Parliament last year and was the subject of much parliamentary debate. The Bill was ultimately assented to on 23 November 2017. [...]  READ MORE →

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Costly Coal Spill in World Heritage Area

EPA v Clarence Colliery Pty Ltd; Chief Executive, Office of Environment & Heritage v Clarence Colliery Pty Ltd [2017] NSWLEC 82 per Robson J

Background

Clarence Colliery Pty Ltd (Clarence Colliery) operates a coal mine near Newnes Junction in the Blue Mountains area.  In July 2015 an overtopping incident occurred where 2,300 tonnes of coal escaped from a coal storage area and entered an unnamed watercourse, the Wollangambe River and the World Heritage listed Blue Mountains National Park.

National Parks are declared for exceptional natural values and must be protected for future generations. [...]  READ MORE →

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Vesting of Transferable Crown land in Local Councils

A new piece of legislation concerning the management of Crown land was assented to in November 2016 which now allows the Crown to vest land in local Councils by way of a gazette. Some provisions of the Crown Land Management Act 2016 (NSW) (CLM Act) came into force on 16 November 2016 and the remainder has not yet come into force.

What land can be vested?

The CLM Act prescribes that the type of Crown land able to be vested in Councils is that which has not yet been ‘declared or reserved’. Further, the land must not be declared as being a ‘wildlife refuge’ or be required to be used for some specific purpose under any legislation. In other words, it must be simply Crown land that serves no special purpose. [...]  READ MORE →

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Council Liability as Roads Authority

In a recent decision of Oberlechner v Hornsby Shire Council [2017] NSWSC 23, the Supreme Court of NSW has awarded damages of $380,640 in finding that Hornsby Shire Council (Council) was negligent when a resident fell into an unfenced culvert on a public road and suffered substantial injuries.

A Council will often find that it is protected from liability from defects in footpaths and roads as a result of the statutory protection provided to roads authorities by section section 45 of the Civil Liability Act 2002 (NSW) (CLA). Section 45 of the CLA reads: [...]  READ MORE →

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Proposed Amendments to the Environmental Planning & Assessment Act

On 9 January 2017 the NSW Government announced a number of proposed amendments to the Environmental Planning & Assessment Act 1979 (NSW) (EP&A Act). To begin the process, Minister Stokes released a public consultation draft of the Environmental Planning and Assessment Amendment Bill 2017 (the draft Bill) on 9 January 2017. The draft Bill will be exhibited until 10 March 2017 for public consultation.

The proposed amendments are extensive and the Minister has put forward the following as being the objectives: [...]  READ MORE →