Penalties and powers to investigate environmental crimes in NSW will be boosted by the biggest reform of environmental legislation by the NSW Parliament in decades.
Deemed refusal of DAs: Expiry of special COVID-19 provisions
The appeal period for an actual or deemed refusal for an application for development consent has reverted from 12 months back to 6 months following the expiry, on 25 March 2022, of the “prescribed period” introduced by the COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (COVID Act).
New Coastal Management Framework for NSW
The coastal management framework for NSW has changed. The Coastal Management Act 2016 has been amended and the Coastal Protection Act 1979 has been repealed.
The development controls and approval pathway for coastal development are now found in a new Coastal Management SEPP with certain consequential changes also having been made to the Infrastructure SEPP.
EP&A Act - Substantial Amendments
On 1 March 2018, the Environmental Planning and Assessment Act 1979 was substantially amended in what has been described by the NSW Government as the "biggest overhaul to the Act in 40 years".
Along with numerous substantive changes, the Act has also been completely renumbered.
To support these changes, the NSW Department of Planning & Environment has produced two essential resources which should be reviewed by anyone wishing to understand the scope and import of the amendments to the Act:
- a Guide to the updated Act which highlights the key changes made to each Part of the Act; and
- a Sections Guide which lists frequently used sections of the pre-amendment Act alongside their new section numbers in the amended Act.
For further information on these amendments and thepotential implications for your development please contact Marcus Steele, Director, on (02) 8005-1411 or marcus.steele@steelelaw.com.au.
Tasmanian "Protection from Protestors" legislation - Key parts struck down by High Court - Implied freedom of political communication - Implications for NSW
Brown v Tasmania [2017] HCA 43
On 23 October 2017, a majority of the High Court of Australia ruled that key provisions of the Workplaces (Protection from Protesters) Act 2014 (Tas) (Protesters Act) impermissibly burden the implied freedom of political communication arising under the Constitution.
4Nature litigation - Parliament to overturn decision of Court of Appeal
On 9 October 2017, the NSW Minister for Energy and Utilities announced that legislation would be introduced to overturn the decision of the NSW Court of Appeal in 4nature Incorporated v Centennial Springvale Pty Ltd [2017] NSWCA 191.
New land clearing and biodiversity conservation framework for NSW
The Native Vegetation Act and the Threatened Species Conservation Act have been repealed. A completely new vegetation clearing and biodiversity conservation regime has been established under amendments to the Local Land Services Act and a new Biodiversity Conservation Act and Vegetation SEPP.
EP&A Act – Amended to establish Local Planning Panels
The EP&A Act had been amended to require Councils within the Greater Sydney Region and the City of Wollongong to establish a Local Planning Panel. Other Councils may do so on a voluntary basis. In areas where a panel is established, Councillors will no longer exercise any Council planning functions.
EP&A Act – Special procedures for staged development – Amendments in response to Bay Simmer case
The special procedures concerning staged development applications in the EP&A Act have been amended in response to the Court of Appeal's decision in the Bay Simmer case.