Thoughts on waste in NSW Part 1: Stockpiling, waste disposal and the EPA

A further development in the multi-round match between the NSW EPA, a waste company and the resource recovery exemption regime: the EPA has appealed for a second time. The Land and Environment Court criticised the EPA and its waste regime in the long-running Grafil prosecution. Subsequently, the Government has announced a review of the regime … Read more

NSW Heritage Act review report published

The NSW Legislative Council’s Standing Committee on Social Issues has published its report on its review of the Heritage Act 1977 (NSW). The report makes 26 recommendations and agrees with the key recommendations we made in our submission. The NSW Government will respond to the report by April 2022. Read more

Court upholds refusal of coal mine

The NSW Court of Appeal (NSWCA) has dismissed an appeal from a decision of the Land and Environment Court of NSW (LEC) brought by KEPCO Bylong Australia Pty Ltd (KEPCO). The appeal (and earlier judicial review proceedings) primarily concerned the application and construction of the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (the Mining SEPP). Both judgments make important contributions to the growing body of jurisprudence in the area of climate change-related litigation and affirm the broad discretion of planning authorities in assessing climate change impacts. Read more

Have your say on NSW Planning Regulation

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