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 […]
This legal update for the API NSW Country Conference covers compulsory acquisition statistics, recent compulsory acquisition Court of Appeal cases and the operation of s10A of the Just Terms Act.
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.
