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 […]
The NSW government is embarking on a major overhaul of the State’s transport infrastructure. The 2014-15 budget papers highlighted an estimated $31 billion in infrastructure related capital works to be undertaken in the next four years across both regional and metropolitan areas (NSW Budget 2014-15, Paper No. 4) Some of the scheduled works (for instance, […]
Faced with the resumption of land in New South Wales on which a business is conducted, dispossessed owners may sometimes have a choice between seeking compensation for the extinguishment of the business, or compensation for relocating and re-establishing it elsewhere. Typically, dispossessed owners will enter into negotiations with the resuming authority with a view to […]
Economic loss caused solely by the construction of a State or industry initiated infrastructure project does not presently, on its own, attract a right to compensation for that loss. This is so even though a business may have been part of the local or regional social and economic landscape for decades, and was purchased well […]
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.
