A Bill to amend the Environmental Planning and Assessment Act 1979 has passed through both houses of NSW Parliament, ushering in a number of important changes in the NSW planning space. The headline amendment in the Bill is the resolution of an issue that arose out of the decision Ku-ring-gai Council v Buyozo Pty Ltd [2021] NSWCA 177. That […]
A Bill to amend the Environmental Planning and Assessment Act 1979 has passed through both houses of NSW Parliament, ushering in a number of important changes in the NSW planning space. The headline amendment in the Bill is the resolution of an issue that arose out of the decision Ku-ring-gai Council v Buyozo Pty Ltd [2021] NSWCA 177. That […]
The protection of Aboriginal cultural heritage under the Aboriginal and Torres Strait Islander Heritage Protection Act (‘ATSIHP’) 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.
A Bill to amend the Environmental Planning and Assessment Act 1979 has passed through both houses of NSW Parliament, ushering in a number of important changes in the NSW planning space. The headline amendment in the Bill is the resolution of an issue that arose out of the decision Ku-ring-gai Council v Buyozo Pty Ltd [2021] NSWCA 177. That […]
In the sphere of natural disaster risk management, councils and local government are of great importance, yet commonly do not act due to the perceived risks of litigation, uncertainties in the reliability of information, and a lack of long-term certainty in policies. Therefore, mitigation of hazards would be improved if councils were afforded statutory protection, […]
Compensation for owners facing acquisition of land adjoining actual or proposed mines face additional difficulties in a system that appears to be biased in favour of mining companies for short-term economic gain. The role of consent authorities, relationship between the parties and the ultimate arbiter of compensation play a crucial role in adequately compensating the […]
Snapshot Section 10A of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (‘Just Terms Act’) was enacted following the independent ‘Russell Review’ of the Just Terms Act in 2014, which identified common concerns expressed by landowners regarding the lack of transparency and the complexity of the acquisition process. In particular, public submissions to the Russell Review reflected a desire for […]
The eagerly-awaited decision in Goldmate Property Luddenham No 1 Pty Ltd v Transport for New South Wales [2024] NSWCA 292 was handed down this week, with the Appellant successful in seeking to have the first instance decision of the Land & Environment Court set aside and the matter remitted to the lower Court for redetermination. The primary […]
The protection of Aboriginal cultural heritage under the Aboriginal and Torres Strait Islander Heritage Protection Act (‘ATSIHP’) 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.
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.
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 […]
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.
