The NSW Department of Planning, Industry and Environment has released a draft Environmental Planning and Assessment Regulation 2021 (NSW) for consultation. The regulation will make changes to numerous aspects of the planning system, including in relation to development applications and modifications, designated and complying development and assessments under Part 5 of the Environmental Planning and Assessment Act 1979 (NSW). Read more

The NSW Government proposes to change the way local infrastructure contributions are levied. A new ‘land value contribution’ may be applied in certain circumstances either on the sale of developable land or on development, in addition to existing contributions. Will this potentially lead to increased complexity and act as a disincentive to development or will … Read more

On 13 May 2021, the NSW Legislative Council’s Standing Committee on Social Issues commenced a review of the Heritage Act 1977 (NSW) (Heritage Act). The proposed changes are intended to walk the fine line of making it easier and less expensive to own heritage property while also improving heritage outcomes. A tiered system for heritage protection and additional enforcement options are some of the items for consideration. The Committee is accepting submissions until 27 June 2021. Read more

The recent decision of Justice Bromberg in Sharma v Minister for the Environment [2021] FCA 560 found that a novel duty of care is owed by the Minister for the Environment to Australian children who might suffer potential “catastrophic harm” from the climate change implications of approving the extension to the Vickery coal mine in … Read more

The Commonwealth government has released draft National Environmental Standards (NES) for Matters of National Environmental Significance (MNES). Read more

Further statements from regulators and commentators reinforce the expectation that businesses will consider the materiality of climate change-related risks and disclose them accordingly. The obligations are not new, but rather the expected nature of action to satisfy existing obligations continues to evolve in relation to climate change. The expectations of financial services businesses in this … Read more

An Explanation of Intended Effect (EIE) for the draft Design and Place State Environmental Planning Policy (D&P SEPP) has been released for public consultation and is expected to streamline the delivery of good design in NSW. Read more

A draft Construction Noise Guideline has been released by the NSW Environment Protection Authority for public consultation. Private and public construction proponents, contractors, engineers and other stakeholders are encouraged to make a submission on the draft guideline by 30 April 2021. Read more