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NSW Parliament has recently amended the Protection of the Environment Operations Act 1997 to mandate food and garden organics (FOGO) waste recycling – becoming the first State in Australia to do so. This article looks at the obligations that will be rolled out onto Councils to collect FOGO waste, on businesses to organise the collection of separated FOGO waste and on supermarkets to record food donations.
Published on 3 March 2025.
- Published on 10 March, 2025
This Heritage Law Guide was originally published for the ICOMOS 21st General Assembly and Scientific Symposium in 2023. This version has been updated and is current as of February 2025.
- Published on 16 February, 2025
Our client, Reulie Land Co, sought and obtained an order for costs in respect of earlier Class 4 proceedings in which it had been successful. Reulie also obtained an order for the costs of the costs dispute itself.
- Published on 28 November, 2024
Our client, Reulie Land Co, successfully challenged the validity of a development consent granted by Wingecarribee Shire Council in judicial review proceedings in the Land & Environment Court. This decision was later upheld on appeal.
- Published on 28 November, 2024
In this decision, our seven Applicant clients, who had commenced an appeal in respect of a complex collective claim for compensation for the acquisition of a business site at Kemps Creek, successfully opposed a Motion filed by TfNSW.
- Published on 28 November, 2024
Medium Neutral Citation: Viva Energy Australia Pty Limited v Transport for New South Wales [2021] NSWLEC 67 Hearing dates: 25, 26 February and 2 March 2021 Date of orders: 1 July 2021 Decision date: 01 July 2021 Jurisdiction: Class 3 Before: Duggan J Decision: See paragraphs 90 to 94 Catchwords: COMPULSORY ACQUISITION – compensation – […]
- Published on 28 November, 2024
NSW Parliament has recently amended the Protection of the Environment Operations Act 1997 to mandate food and garden organics (FOGO) waste recycling – becoming the first State in Australia to do so. This article looks at the obligations that will be rolled out onto Councils to collect FOGO waste, on businesses to organise the collection of separated FOGO waste and on supermarkets to record food donations.
Published on 3 March 2025.
- Published on 10 March, 2025
Bald Hill Quarry Pty Ltd (BHQ) was convicted of five environmental offenses related to its use of shredded rubber tires as daily cover at its landfill, despite repeated refusals from the EPA for permission to do so.
- Published on 13 November, 2024
This article unpacks the Court of Appeal’s decision in Environmental Protection Authority v McMurray [2024] in how s220 of the Local Government Act’s characterisation of a Council’s legal status interacts with s169(1) of the Protection of the Environment Operations Act 1997 Act’s application to corporations.
- Published on 17 September, 2024
Last week, the Land and Environment Court of New South Wales refused an application under the Trees (Disputes between Neighbours) Act 2006, to remove three hedges from the respondent’s Woodford Bay property. This article looks at the factors that the Court took into account when assessing the view loss experienced by one neighbour against the privacy protection the hedge gave the other.
- Published on 13 June, 2024
Amendments to the Local Government (General) Regulation 2021 have been introduced that ensure tenderers in the waste industry undertake to offer employment to existing employees at a minimum of equal terms as their current employer with no lost entitlements. Annual pay increases must also be provided based on the applicable instrument or award, ensuring that employees are not undercut through tenders and contracts.
- Published on 30 January, 2024
The decision in Chief Executive of the Office of Environment and Heritage v Turnbull [2023] resulted in one of the highest fines imposed on an individual for an environmental crime. This article outlines the history of the defendant’s engagement with unlawful clearing, including criminal activities of his late father.
- Published on 15 December, 2023
Under s 10A of the Just Terms Act, the “genuine attempt” needed from acquiring authorities for dispossessed owners must be altered in the requirement of offers for market value needing submission with an opening letter, as well as advance payments of compensation being needed. Enhanced negotiation and mediation processes are also necessitated, with hardship provisions for disadvantaged situations.
- Published on 30 April, 2024
In Sydney in August 2023, Beatty Hughes and Associates joined over 1,500 other international and local experts in heritage, archaeology, history, planning and architecture at the 21st ICOMOS General Assembly and Scientific Symposium.
- Published on 1 August, 2023
The current process of resumption of one’s land is adversarial, forcing landowners to accept unsatisfactory offers or face substantial risk and costs to further their cases. Recommendations to the Just Terms Act involve authorities paying an advance of compensation and engaging with all aspects of a claim, statutory protection for costs incurred where acquisitions are withdrawn before the issue of a Proposed Acquisition Notice, and the minimum negotiation period being renewed when the authority’s plans for required land change.
- Published on 17 November, 2022
Our client, Reulie Land Co, sought and obtained an order for costs in respect of earlier Class 4 proceedings in which it had been successful. Reulie also obtained an order for the costs of the costs dispute itself.
- Published on 28 November, 2024
Our client, Reulie Land Co, successfully challenged the validity of a development consent granted by Wingecarribee Shire Council in judicial review proceedings in the Land & Environment Court. This decision was later upheld on appeal.
- Published on 28 November, 2024
In this decision, our seven Applicant clients, who had commenced an appeal in respect of a complex collective claim for compensation for the acquisition of a business site at Kemps Creek, successfully opposed a Motion filed by TfNSW.
- Published on 28 November, 2024
Medium Neutral Citation: Viva Energy Australia Pty Limited v Transport for New South Wales [2021] NSWLEC 67 Hearing dates: 25, 26 February and 2 March 2021 Date of orders: 1 July 2021 Decision date: 01 July 2021 Jurisdiction: Class 3 Before: Duggan J Decision: See paragraphs 90 to 94 Catchwords: COMPULSORY ACQUISITION – compensation – […]
- Published on 28 November, 2024
An appeal in respect of a claim for compensation for the acquisition of a service station site at Frenchs Forest, which was owned by Qasabian Family Investments Pty Ltd and part of which was used to run the Fishing Station business.
- Published on 28 November, 2024
In this appeal against a development application refusal, the Court granted development consent for Mr Refalo’s proposed development that involved the construction of facilities for hydroponics operations. Central to this appeal was the issue of the alleged ‘adverse visual impact’ of the hydroponic farm pad.
- Published on 24 August, 2021
This Heritage Law Guide was originally published for the ICOMOS 21st General Assembly and Scientific Symposium in 2023. This version has been updated and is current as of February 2025.
- Published on 16 February, 2025
“On 22 October 2024, Timothy Allen delivered a presentation as part of the Australian Property Institute’s Just Terms Series, in which he examined section 56(3) of the Land Acquisition (Just Terms Compensation) Act, which facilitates compensation for land acquisition on a “reinstatement” basis. A copy of his presentation can be found here.”
- Published on 22 October, 2024
In Sydney in August 2023, Beatty Hughes and Associates joined over 1,500 other international and local experts in heritage, archaeology, history, planning and architecture at the 21st ICOMOS General Assembly and Scientific Symposium.
- Published on 1 August, 2023
This update covers the changes made to the Protection of the Environment Operations Act 1997 (NSW) and Contaminated Land Management Act 1997 (NSW) increasing the powers of the NSW Environmental Protection Authority. Changes to the Protection of the Environment Operations Regulation 2021, the SEPPs, and the NSW re-zoning process are also clarified.
- Published on 1 April, 2022
The protection of Aboriginal cultural heritage under the Aboriginal and Torres Strait Islander Heritage Protection Act (‘ATSHIP’) is examined through the operation of the Act in practice. Importantly, in practice, it is criticised for being a generally ineffective means of protecting Aboriginal cultural heritage.
- Published on 21 March, 2022
In this compulsory acquisition and compensation overview, the domination of transport projects and recent cases in the Court of Appeal and Land and Environment Court take the spotlight. The analysis of Class 3 compulsory acquisitions cases highlights a number of issues, ranging from the disregard of public purpose to reinstatement where there is no general market.
- Published on 20 March, 2021
Our client, Reulie Land Co, sought and obtained an order for costs in respect of earlier Class 4 proceedings in which it had been successful. Reulie also obtained an order for the costs of the costs dispute itself.
- Published on 28 November, 2024
Our client, Reulie Land Co, successfully challenged the validity of a development consent granted by Wingecarribee Shire Council in judicial review proceedings in the Land & Environment Court. This decision was later upheld on appeal.
- Published on 28 November, 2024
A decision of the Land and Environment Court confirms the consent requirements for development applications pertaining to Crown land.
- Published on 14 December, 2023
This article examines the NSW Land and Environment Court’s consideration of solar access in the context of residential development in the Sydney CBD.
- Published on 24 October, 2023
NSW Parliament has recently amended the Protection of the Environment Operations Act 1997 to mandate food and garden organics (FOGO) waste recycling – becoming the first State in Australia to do so. This article looks at the obligations that will be rolled out onto Councils to collect FOGO waste, on businesses to organise the collection of separated FOGO waste and on supermarkets to record food donations.
Published on 3 March 2025.
- Published on 10 March, 2025
This article unpacks the Court of Appeal’s decision in Environmental Protection Authority v McMurray [2024] in how s220 of the Local Government Act’s characterisation of a Council’s legal status interacts with s169(1) of the Protection of the Environment Operations Act 1997 Act’s application to corporations.
- Published on 17 September, 2024
The NSW Minister of Environment undertook a review and assessment of the Biodiversity Conservation Act 2016. This article outlines the key areas of reform related to the Act’s principal operative provisions.
- Published on 18 September, 2023
An article on the release of the Commonwealth DCCEEW’s guidance document on key environmental factors to consider when assessing offshore wind projects under the Environment Protection and Biodiversity Conservation Act 1999.
- Published on 21 August, 2023
The Clean Energy Regulator (CER), the body that administers and enforces the Australian Government’s programs for reporting and reducing Australia’s carbon emissions publishes an annual list of its compliance and enforcement priorities. The focus in 2021-22 was enforcing action for deliberate illegal behaviour by scheme participants, specifically those who make claims based on false and/or misleading reports.
- Published on 6 August, 2021
An article on how the NSW planning system accounts for the environmental risk that applies to certain land. Details of recent, relevant Court decisions are included.
- Published on 1 March, 2021
In this decision, our seven Applicant clients, who had commenced an appeal in respect of a complex collective claim for compensation for the acquisition of a business site at Kemps Creek, successfully opposed a Motion filed by TfNSW.
- Published on 28 November, 2024
Medium Neutral Citation: Viva Energy Australia Pty Limited v Transport for New South Wales [2021] NSWLEC 67 Hearing dates: 25, 26 February and 2 March 2021 Date of orders: 1 July 2021 Decision date: 01 July 2021 Jurisdiction: Class 3 Before: Duggan J Decision: See paragraphs 90 to 94 Catchwords: COMPULSORY ACQUISITION – compensation – […]
- Published on 28 November, 2024
“On 22 October 2024, Timothy Allen delivered a presentation as part of the Australian Property Institute’s Just Terms Series, in which he examined section 56(3) of the Land Acquisition (Just Terms Compensation) Act, which facilitates compensation for land acquisition on a “reinstatement” basis. A copy of his presentation can be found here.”
- Published on 22 October, 2024
Under s 10A of the Just Terms Act, the “genuine attempt” needed from acquiring authorities for dispossessed owners must be altered in the requirement of offers for market value needing submission with an opening letter, as well as advance payments of compensation being needed. Enhanced negotiation and mediation processes are also necessitated, with hardship provisions for disadvantaged situations.
- Published on 30 April, 2024
The NSW Court of Appeal has held that Sydney Metro’s substratum construction works which caused subsidence of 1.5mm was considered to be ‘trivial’ and did not disturb the overlying soil. Therefore, compensation was not awarded.
- Published on 30 August, 2023
The current process of resumption of one’s land is adversarial, forcing landowners to accept unsatisfactory offers or face substantial risk and costs to further their cases. Recommendations to the Just Terms Act involve authorities paying an advance of compensation and engaging with all aspects of a claim, statutory protection for costs incurred where acquisitions are withdrawn before the issue of a Proposed Acquisition Notice, and the minimum negotiation period being renewed when the authority’s plans for required land change.
- Published on 17 November, 2022
NSW Parliament has recently amended the Protection of the Environment Operations Act 1997 to mandate food and garden organics (FOGO) waste recycling – becoming the first State in Australia to do so. This article looks at the obligations that will be rolled out onto Councils to collect FOGO waste, on businesses to organise the collection of separated FOGO waste and on supermarkets to record food donations.
Published on 3 March 2025.
- Published on 10 March, 2025
Bald Hill Quarry Pty Ltd (BHQ) was convicted of five environmental offenses related to its use of shredded rubber tires as daily cover at its landfill, despite repeated refusals from the EPA for permission to do so.
- Published on 13 November, 2024
This article unpacks the Court of Appeal’s decision in Environmental Protection Authority v McMurray [2024] in how s220 of the Local Government Act’s characterisation of a Council’s legal status interacts with s169(1) of the Protection of the Environment Operations Act 1997 Act’s application to corporations.
- Published on 17 September, 2024
Amendments to the Local Government (General) Regulation 2021 have been introduced that ensure tenderers in the waste industry undertake to offer employment to existing employees at a minimum of equal terms as their current employer with no lost entitlements. Annual pay increases must also be provided based on the applicable instrument or award, ensuring that employees are not undercut through tenders and contracts.
- Published on 30 January, 2024
The NSW EPA charged a waste tyre processing company (Carbon MF Pty Ltd) and its sole director, secretary and shareholder (Mr Mark Fair) under the POEO Act in relation to excess tire storage, which constituted polluting land and a failure to comply with a Clean Up Notice issued by the EPA. Mr Fair was charged under the POEO Act’s executive liability provisions and faced a fine of $500,000 for Carbon MF Pty Ltd and $60,000 for himself.
- Published on 14 October, 2023
The NSW Land and Environment Court imposed fines totalling $149,000 on a company for claiming $300,000 in refunds through the Container Deposit Scheme on containers in relation to which refunds had already been paid. This article examines how the ‘double dipping’ took place and how the penalties were imposed.
- Published on 11 October, 2023
This Heritage Law Guide was originally published for the ICOMOS 21st General Assembly and Scientific Symposium in 2023. This version has been updated and is current as of February 2025.
- Published on 16 February, 2025
In Sydney in August 2023, Beatty Hughes and Associates joined over 1,500 other international and local experts in heritage, archaeology, history, planning and architecture at the 21st ICOMOS General Assembly and Scientific Symposium.
- Published on 1 August, 2023
The protection of Aboriginal cultural heritage under the Aboriginal and Torres Strait Islander Heritage Protection Act (‘ATSHIP’) is examined through the operation of the Act in practice. Importantly, in practice, it is criticised for being a generally ineffective means of protecting Aboriginal cultural heritage.
- Published on 21 March, 2022
The current legislative approach to heritage conservation faces serious difficulties in protecting Aboriginal cultural heritage. These difficulties arise in the process of identifying and registering sites and the conflict between heritage values and land use. Ultimately, the existing highly criticised Aboriginal heritage protection legislation demonstrates that difficult questions remain.
- Published on 1 October, 2020
The latest World Heritage site of Budj Bim was selected due to the long relationship between Gunditjmara people and the landscape, exhibiting UNESCO’s challenging of the colonial narrative. Its classification as an entire landscape as opposed to a physical feature also provides for further recognition of Indigenous cultural heritage.
- Published on 1 February, 2020
The Land and Environment Court’s rejection of a proposed expansion of a sand quarry in Calga is considered an endorsement of the Burra Charter Process for the protection of Aboriginal cultural heritage. This examination of the Court’s findings, in particular the discussion of an “amber light” approach to address deficiencies in available information, highlights important […]
- Published on 1 May, 2016
In this Quarterly Environment and Planning Update, key things that will be discussed are the overhaul of Victoria’s environmental regulatory regime, a QLD Supreme Court ruling that limited the scope of a director’s liability for environmental offences and changes to NSW’s planning requirements for ‘energy recovery facilities’.
- Published on 1 September, 2021
In this appeal against a development application refusal, the Court granted development consent for Mr Refalo’s proposed development that involved the construction of facilities for hydroponics operations. Central to this appeal was the issue of the alleged ‘adverse visual impact’ of the hydroponic farm pad.
- Published on 24 August, 2021
Significant changes were made to the environmental regulatory regime in Victoria on 1 July 2021 including new standard conditions for all licences, changes to sectorial and site specific conditions and new financial assurance conditions.
- Published on 13 August, 2021
Last week, the Land and Environment Court of New South Wales refused an application under the Trees (Disputes between Neighbours) Act 2006, to remove three hedges from the respondent’s Woodford Bay property. This article looks at the factors that the Court took into account when assessing the view loss experienced by one neighbour against the privacy protection the hedge gave the other.
- Published on 13 June, 2024
In pursuit of carbon emissions reduction targets, the NSW Government has revealed a “blue carbon” strategy that will allow private landowners to invest in protecting and rehabilitating coastal areas. The production of blue carbon, the carbon captured by coastal ecosystems, will be prioritised for the next 5 years and incentivised through extending the existing system of carbon credits to private landowners who restore and protect these habitats on their land.
- Published on 13 September, 2022
Due to coastline recession, valuable real estate on Australian beaches is being threatened, generating tension between the protection of property and public access to beaches. Rigid approaches to this issue fail to account for the need for flexibility; thus, the statutory implementation of an Australian Public Trust Doctrine and other instruments within a Torrens Title system could assist in decreasing adaptation through litigation.
- Published on 1 January, 2018
In the examination of recent cases along the Belongil beach seawall, the tensions between private and public interests arise. The Court’s findings set an important precedent for consent authorities and demonstrate hurdles for private applicants seeking to use public land in the coastal management framework.
- Published on 1 January, 2018
In pursuit of adequate climate adaption, Councillors need better legal safety nets and protections from frivolous lawsuits. Without clear legislation, the Productivity Commission reports Local Government Area’s face an increased liability risk which inhibits effective risk management.
- Published on 2 October, 2014
