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Appeal allowed: Dispossessed owner successful on appeal in landmark decision on the scope of the “public purpose”

By Timothy Allen 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 […]

Published on 20 May, 2025

NSW planning changes to increase flexibility

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 […]

Published on 20 May, 2025

Compulsory acquisition: what is a ‘genuine attempt’ to negotiate?

To access the full article, please refer to the Law Society website – 9 May 2025 By Timothy Allen & Barisha Tashnin 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 […]

Published on 9 May, 2025

NSW legislates Product Stewardship framework under new Product Lifecycle Responsibility Act

The Product Lifecycle Responsibility Act 2025 (NSW) has been made, creating a framework under which product stewardship schemes may be established that will require brand owners to take greater responsibility for the environmental impacts of certain products throughout their life cycle. This article reviews the key obligations that will be imposed on ‘brand owners’ under […]

Published on 29 April, 2025

NSW the First to Mandate FOGO Recycling

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

Heritage Law Guide 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

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Appeal allowed: Dispossessed owner successful on appeal in landmark decision on the scope of the “public purpose”

Published on 20 May, 2025

NSW planning changes to increase flexibility

Published on 20 May, 2025

Compulsory acquisition: what is a ‘genuine attempt’ to negotiate?

Published on 9 May, 2025

NSW legislates Product Stewardship framework under new Product Lifecycle Responsibility Act

Published on 29 April, 2025

NSW the First to Mandate FOGO Recycling

Published on 10 March, 2025

Tires and fires: Landfill fined for use of shredded tyres as a landfill cover following fire

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

Submission on review of land acquisition in NSW (“Review”) – Land Acquisition (Just Terms Compensation) Act 1991 (“Act”)

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

A Guide to Heritage Law in Australia

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

Submission to inquiry into the acquisition of land in relation to major transport projects (“Inquiry”)

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

Heritage Law Guide 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

Compensation on a Reinstatement Basis under S 56(3)

“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

A Guide to Heritage Law in Australia

Published on 1 August, 2023

Environment and Planning Law Update – April 2022

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

Protection Under the ASIHP Act

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

EPLA Twilight Seminar – Compulsory Acquisition and Compensation: 2020 – 2021

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

NSW planning changes to increase flexibility

Published on 20 May, 2025

Consent from the Crown Lands Minister required for lodgement of development applications on Crown Land

A decision of the Land and Environment Court confirms the consent requirements for development applications pertaining to Crown land.

Published on 14 December, 2023

NSW LEC holds that developments do not have to strictly follow ADG criteria for amount of sunlight received, as long as sunlight is “optimised”

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 legislates Product Stewardship framework under new Product Lifecycle Responsibility Act

Published on 29 April, 2025

NSW the First to Mandate FOGO Recycling

Published on 10 March, 2025

NSW Court of Criminal Appeal finds that special executive provisions under the POEO Act extend to Council officers

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

Independent statutory review proposes key changes to biodiversity conservation in NSW

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

Federal government releases guidance for environmental assessment of offshore wind projects

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

Clean Energy Regulator has released its 2021-2022 Compliance and Enforcement Priorities

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

Appeal allowed: Dispossessed owner successful on appeal in landmark decision on the scope of the “public purpose”

Published on 20 May, 2025

Compulsory acquisition: what is a ‘genuine attempt’ to negotiate?

Published on 9 May, 2025

Compensation on a Reinstatement Basis under S 56(3)

Published on 22 October, 2024

Submission on review of land acquisition in NSW (“Review”) – Land Acquisition (Just Terms Compensation) Act 1991 (“Act”)

Published on 30 April, 2024

NSW Court of Appeal allows appeal against award of compensation for substratum acquisition of land

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

Submission to inquiry into the acquisition of land in relation to major transport projects (“Inquiry”)

Published on 17 November, 2022

NSW legislates Product Stewardship framework under new Product Lifecycle Responsibility Act

Published on 29 April, 2025

NSW the First to Mandate FOGO Recycling

Published on 10 March, 2025

Tires and fires: Landfill fined for use of shredded tyres as a landfill cover following fire

Published on 13 November, 2024

NSW Court of Criminal Appeal finds that special executive provisions under the POEO Act extend to Council officers

Published on 17 September, 2024

Waste workers afforded new employment protections in latest amendment to Local Government Regulation

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

Company and director charged and fined for waste tyre offences

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

Heritage Law Guide 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

A Guide to Heritage Law in Australia

Published on 1 August, 2023

Protection Under the ASIHP Act

Published on 21 March, 2022

Legal Recognition of Aboriginal Cultural Heritage Landscapes

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 legal implications of Australia’s latest World Heritage site

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

Determining the Adequacy of Aboriginal Cultural Heritage Assessments: Amber Lights and Red Lights

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

Something will add here soon....

NSW Court of Criminal Appeal finds that special executive provisions under the POEO Act extend to Council officers

Published on 17 September, 2024

Son of farmer found guilty of murdering a NSW environmental compliance officer is fined a further $405,000 for illegal native vegetation clearing

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

NSW LEC rejects claims that integrated development scheme guarantees grant of EPL, considers fit and proper person test

The NSW Land and Environment Court determined that the issuance of general terms of approval from the NSW EPA does not guarantee an environmental protection licence (EPL) being granted, especially if the applicant fails the ‘fit and proper person’ test under the Protection of the Environment Operations Act 1997.

Published on 9 August, 2023

Environment and Planning Law Update – April 2022

Published on 1 April, 2022

Energy Recovery Facilities to be Designated Development Under Proposed Environmental planning and Assessment Regulation (NSW)

The Department of Planning, Industry and Environment has released a proposed Environmental Planning and Assessment Regulation 2021, including energy recovery facilities being categorised as ‘designated development’, with some exceptions.

Published on 7 September, 2021

Quarterly Environment and Planning Law Update (September 2021)

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

Balancing loss of views with privacy – LEC refuses application to remove hedge

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

NSW Government Unveils New Blue Carbon Strategy 2022 – 2027

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

Coastal Adaptation – Towards a Statutory Reconciliation of Private Rights and Public Interests

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

The Future of Coastal Protection Works on Public Land in NSW

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

How Can the Law Make Hard Decisions Easier?

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

Beatty Hughes

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