Beatty Hughes
News
& Insights
Our Publications
Filter by :
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. Key Takeaways Background The NSW EPA prosecuted the Cootamundra-Gundagai Regional […]
- Published on 17 September, 2024
- Published on 1 September, 2024
Published on 4 June 2024. Visy Pulp and Paper Pty Ltd (Visy) has been fined $175,000 by the NSW Land and Environment Court after pleading guilty to offences relating to an incident in October 2022 where treated and untreated wastewater was discharged from its Tumut facility into Sandy Creek, resulting in actual (albeit temporary) harm […]
- Published on 6 June, 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 […]
- Published on 30 April, 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 […]
- Published on 30 January, 2024
Published on 15 December 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. Chief […]
- Published on 15 December, 2023
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. Key Takeaways Background The NSW EPA prosecuted the Cootamundra-Gundagai Regional […]
- Published on 17 September, 2024
- Published on 1 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 […]
- Published on 30 January, 2024
Published on 15 December 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. Chief […]
- Published on 15 December, 2023
- Published on 14 December, 2023
- Published on 24 October, 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 […]
- 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. As part of our patronage of the 21st General Assembly we prepared a short Guide to Australian Heritage Law and Policy for […]
- 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 […]
- Published on 17 November, 2022
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. Medium Neutral Citation: Refalo v Camden Council [2021] NSWLEC 1485 […]
- Published on 24 August, 2021
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. As part of our patronage of the 21st General Assembly we prepared a short Guide to Australian Heritage Law and Policy for […]
- 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 […]
- 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 […]
- Published on 20 March, 2021
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
This overview of the Mixed Waste Organic Output addresses its importance in NSW, its regulation, current operation and future in waste management.
- Published on 21 May, 2019
- Published on 14 December, 2023
- Published on 24 October, 2023
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. Key Takeaways Background The NSW EPA prosecuted the Cootamundra-Gundagai Regional […]
- 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. On the 24th of August, New South Wales’ Minister for the Environment, Penny Sharpe, tabled an independent statutory review […]
- 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 Commonwealth Department of Climate Change, Energy, the Environment and Water (DCCEEW) has released a guidance document (Guidance Document) […]
- 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 […]
- 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. Snapshot For many of us, a combination of unprecedented events in 2020 catalysed a shifting of attitudes and changing of priorities. Australians experienced extended periods of extreme weather, catastrophic […]
- Published on 1 March, 2021
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, […]
- Published on 14 June, 2016
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 […]
- 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 NSW Court of Appeal has held in Sydney Metro v Expandamesh Pty Ltd [2023] […]
- 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 […]
- Published on 17 November, 2022
- Published on 1 October, 2021
This article outlines a few key recent developments in compulsory acquisition law, including acquisitions for new Metro Stations and recent decisions in the Land and Environment Court addressing “relocation” under the Just Terms Act and “profit rental” as a valuation method. The past few weeks have seen rapid developments in compulsory acquisition law. Inner-city properties […]
- Published on 7 June, 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 […]
- Published on 20 March, 2021
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. Key Takeaways Background The NSW EPA prosecuted the Cootamundra-Gundagai Regional […]
- 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 […]
- 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 […]
- 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. Clarence Valley Metal Recyclers Pty Ltd […]
- Published on 11 October, 2023
SAF Developments had been ordered to pay $96,000 following the transport and deposit of waste into a backyard pool. The harm was minor and temporary and the Council’s arguments that the project manager’s actions should be attributed to the company were rejected by the Court. Developer SAF Developments has been ordered to pay $96,000 in […]
- Published on 19 June, 2023
- Published on 10 September, 2021
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. As part of our patronage of the 21st General Assembly we prepared a short Guide to Australian Heritage Law and Policy for […]
- 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. The Budj Bim landscape is the […]
- 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
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. Key Takeaways Background The NSW EPA prosecuted the Cootamundra-Gundagai Regional […]
- Published on 17 September, 2024
Published on 15 December 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. Chief […]
- Published on 15 December, 2023
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. In the case of Crush and […]
- Published on 9 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 […]
- Published on 1 April, 2022
- Published on 7 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’. Welcome to the first quarterly environment and planning […]
- Published on 1 September, 2021
- Published on 1 September, 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 […]
- 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 […]
- 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 2 January 2018.
- 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.
- Published on 2 October, 2014
