NSW reveals updated framework to guide renewables planning and assessment process
The New South Wales government has released updated planning guidelines for large-scale renewable energy projects following criticism that the previous framework was slowing the state’s transition away from coal-dominated generation. NSW Planning Minister Paul Scully said they will also serve as an important step toward reaching the state government’s legislated Electricity Infrastructure Roadmap which targets the delivery of at least 12 GW of new renewable energy generation and 2 GW of long-duration storage by 2030 (12 November 2024). Read more here.
NSW Government to launch new Housing Delivery Authority to boost housing supply
The Minns Labour Government is announcing the establishment of a new state-led approval pathway for major residential housing projects, as well as a process for rezonings – neither having to be approved by councils, cutting approval times and speeding up the delivery of new homes. This reform will come into effect in early 2024 will be available for new housing developments above an estimated cost of $60 million in Greater Sydney and a cost of approximately $30 million in regional NSW (15 November 2024). Read more here.
Australia invests A$48M to improve NSW rural coverage
The Australian and New South Wales (NSW) governments set aside up to AUD48 million ($31 million) to improve mobile coverage along major roads in remote areas to narrow the digital divide. Tara Moriarty, Minister for Regional NSW, said the region is “focused on closing the digital divide in some of the state’s most notorious highway black spots, improving safety for road users and ensuring they can easily navigate and stay connected” while on the move” (15 November 2024). Read more here.
NSW Government launches Legal Aid client portal
The objective of the $1.6 million initiative, funded through the Digital Restart Fund (DRF), is to provide Legal Aid NSW clients a secure platform that is optimised for mobile phone use, so they can track their case updates, manage court appearances, and upload documents from their smartphones, according to a news release. The Minns Labor Government noted the portal would reduce the need for phone inquiries with updates delivered directly through the digital tool (12 November 2024). Read more here.
Unplugged: NSW government EV Strategy failing, as sales fall
The NSW government’s latest push to get motorists to buy electric vehicles is failing, according to new research from The Australia Institute. Matt Grudnoff, Senior Economist at The Australia Institute said “While the NSW government has made a good start in encouraging the uptake of EVs, scrapping the $3,000 upfront subsidy and the exemption from stamp duty is a step backwards.” (11 November 2024). Read more here.
Developers will bypass council approvals in residential development overhaul in NSW
The NSW premier says councils will soon be unable to block large new residential developments in the state. Less than six months since the NSW government's commitments were made under the National Housing Accord, the number of approved residential developments are already in decline (15 November 2024). Read more here.
NSW Government preserves heritage on Little Bay’s Coast Centre for Seniors
The Minns Labor Government has completed major restoration work at the Coast Centre for Seniors in Little Bay, preserving one of 13 State-heritage listed buildings and assets in the Prince Henry Precinct at Little Bay in Sydney’s eastern suburbs. The Coast Centre, originally built in 1897 as the Nurses’ Home for the Coast Hospital, has served the community since 1994 as a space where residents over 55 can enjoy activities that deepen community bonds, alleviate loneliness, and support mental health. Read more here.
Have your say – Non-urban metering Regulation amendments
The NSW Department of Climate Change, Energy, the Environment and Water is consulting on draft amendments to the Water Management (General) Regulation 2018. The proposed amendments are part of a broader suite of actions to ensure 95% of licensed water entitlement in NSW is accurately metered by December 2026 by making it quicker, easier and cheaper for many water users to comply. The consultation period is open until 8 December 2024. Read more here.
Have your say – Let's reimagine Warrawong Parklands
The Department of Planning, Housing and Infrastructure is master planning 32 hectares of public open space on the Lake Illawarra foreshore at Warrawong as part of the Parks for People program. The master plan aims to transform the site into a major public space that offers commercial, recreational, and tourism-related activities. The master plan will include a delivery framework and a clear vision for the park’s future. The consultation period is open until 13 December 2024. Read more here.
New information to support strata communities and assist with property owner strata debt
The Minister for Better Regulation and Fair Trading has released The Strata Living Guide which has been updated following consultation with the community. The Guide will give strata property owners and prospective buyers clear advice in plain English on a range of topics aimed at improving decision-making in strata communities. Read more here.
Boating Infrastructure for Communities Grants Program applications now open
The Boating Infrastructure for Communities Grants Program is funded under the $44 million Boating Infrastructure and Dredging Scheme which was announced in August 2024. The Boating Infrastructure for Communities Grants Program will provide grant funding for projects including boating access facilities, disability access improvements and amenity and service upgrades, as well as strategic plans and designs for future public boating infrastructure. The deadline for submissions is 19 December 2024. Read more here.
Metro Donnelly Road Pty Ltd v Willoughby City Council [2024] NSWLEC 1736
DEVELOPMENT APPLICATION – mixed use development – multi dwelling housing – demolition of part of local heritage item – consideration of heritage significance of item – consideration of effect on heritage significance – balancing positive aspects of the proposal including providing for housing needs – adaptive re-use consideration – breaches of development control provisions relating to multi dwelling housing.
Environmental Planning and Assessment Act 1979, ss 8.7, 8.15; Heritage Act 1977, s 25; Willoughby Local Environmental Plan 2012, cll 4.5, 5.10, Sch 5; Willoughby Local Environmental Plan 2012 (Amendment No 38).
Environment Protection Authority v Park Pty Ltd [2024] NSWLEC 120
CRIME – environmental offences – vicarious liability – offences under ss 120(1) and 142A(1) of the Protection of the Environmental Operations Act 1997 (NSW) – prohibition of pollution of water and land – diesel spill – applicable sentencing principles – ss 3A, 21A and 22 of Crimes (Sentencing and Procedure Act 1999 (NSW) – objective seriousness of offence – aggravated by nature and seriousness of the harm to environment – strict liability – cause of spill – subjective circumstances of offender – early guilty plea – specific and general deterrence – consistency in sentencing – appropriate sentence – totality principle.
Crime Procedure Act 1986 (NSW); Crimes (Sentencing and Procedure) Act 1999 (NSW); Dangerous Goods (Road and Rail Transport) Act 2008 (NSW); Fines Act 1996 (NSW); Protection of the Environment Operations Act 1997 (NSW); Protection of Environment Operations (General) Regulation 2021 (NSW).
Environment Protection Authority v Calleija; Environment Protection Authority v Budget Waste Recycling Pty Ltd [2024] NSWLEC 119.
EVIDENCE – relevance – probative value – danger of unfair prejudice – Latent duplicity objections – objections to purported expert report – compliance with the Expert Witness Code of Conduct – whether there is lack of impartiality.
SENTENCING – environmental offences – s 97 of the Protection of the Environment Operations Act 1997 (NSW) – guilty plea – failure to comply with a prevention notice – waste – real risk of environmental harm – objectively very serious – good character – remorse – publication order – moiety.
SENTENCING – environmental offences – s 169A of the Protection of the Environment Operations Act 1997 (NSW) – executive liability offence – guilty plea – objectively serious – good character – remorse – publication order – moiety – totality.
SENTENCING – environmental offences – s 97 of the Protection of the Environment Operations Act 1997 (NSW) – real risk of environmental harm – objectively very serious – good character – remorse – publication order – moiety – totality.
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 21A, 22, 23; Criminal Procedure Act 1986 (NSW) ss 257B, 257G; Environment Legislation Amendment Act 2022 No 3 (NSW) Sch 5; Evidence Act 1995 (NSW) ss 4, 55, 56, 78; Fines Act 1996 (NSW) s 6, 122; Protection of the Environment Operations Act 1997 (NSW) (as in force between 25 May 2022 and 24 January 2023) ss 3, 6, 55, 88, 95, 96, 96A, 97, 99, 169A, 191, 211, 215, 241, 242, 248, 250, 289, 319A, Dictionary; Protection of the Environment Operations Act 1997 (NSW) s 215; Protection of the Environment Operations (Waste) Regulation 2014 (NSW); Uniform Civil Procedure Rules 2005 (NSW) Sch 7.
Johnston v NSW Land and Housing Corporation [2024] NSWCATAP 227
APPEAL – no requirement for particular form of notice by tenant of need for repairs – misapplication of law relating to compensation under the Residential Tenancies Act – appeal allowed.
Civil and Administrative Tribunal Act 2013; Residential Tenancies Act 2010.
Jeray v Blue Mountains City Council [2024] NSWCATAD 342
ADMINISTRATIVE LAW – administrative review – access to government information – freedom of information – unreasonable and substantial diversion of resources.
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Government Information (Public Access) Act 2009.
DEVELOPMENT CONTROL ORDER – fire safety order – conciliation conference – agreement between the parties – orders.
Building Products (Safety) Act 2017, ss 9, 17; Environmental Planning and Assessment Act 1979, Sch 5, Pt 2, ss 8.18, 9.35; Land and Environment Court Act 1979, ss 17, 34; Land and Environment Court Rules 2007, r 3.10; Uniform Civil Procedure Rules 2005, rr 36.15, 36.16.
Holman v Northern Beaches Council [2024] NSWCATAD 336
ADMINISTRATIVE LAW – access to government information – access applications – conclusive presumption – overriding public interest considerations against disclosure – legal professional privilege – balancing exercise – public interest considerations in favour of disclosure – public interests considerations against disclosure – whether overriding public interest against disclosure.
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Evidence Act 1995; Government Information (Public Access) Act 2009; Privacy and Personal Information Protection Act 1998.
Dougan v NSW Fair Trading [2024] NSWSC 1429
ADMINISTRATIVE LAW – judicial review – where magistrate refused to direct plaintiff to appear by audiovisual link rather than in person for sentencing hearing – whether magistrate misapprehended duty under s 5B(2)(b) of Evidence (Audio and Audio Visual Links) Act 1998 (NSW) by excluding consideration of inconvenience to the plaintiff – where court warrant for plaintiff’s arrest subsequently issued pursuant to s 25(2) of Crimes (Sentencing Procedure) Act 1999 (NSW) – whether magistrate required to take into account plaintiff’s willingness and capacity to attend hearing by audiovisual link.
Crimes (Sentencing Procedure) Act 1999 (NSW), s 25; Evidence (Audio and Audio Visual Links) Act 1998 (NSW), ss 3(2), 5B; Supreme Court Act 1970 (NSW), s 69.
PDS Engineering Division Pty Ltd v North Sydney Council [2024] NSWLEC 1722
DEVELOPMENT APPLICATION – mixed use development in MU1 and R2 zone – heritage conservation – whether conservation incentives apply.
Environmental Planning and Assessment Act 1979, ss 3.30, 4.16, 8.7, 8.15(3); Heritage Act 1977, ss 57, 59; Land and Environment Court Act 1979, s 39; Environmental Planning and Assessment (Special Infrastructure Contribution – St Leonards and Crows Nest) Determination 2020; Environmental Planning and Assessment (Special Infrastructure Contribution – St Leonards and Crows Nest) Direction 2020; Environmental Planning and Assessment Regulation 2021, ss 29, 38, 288A; North Sydney Local Environmental Plan 2013, cll 1.7, 2.3, 4.3, 4.4A, 4.6, 5.10, 6.12A, 7.6, Sch 5; Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021; Standard Instrument (Local Environmental Plans) Order 2006; State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7; State Environmental Planning Policy (Housing) 2021, ss 144, 145, 147, 148; Ch 4; Sch 9; State Environmental Planning Policy (Infrastructure) 2007 (repealed); State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6; State Environmental Planning Policy (Sustainable Buildings) 2022; State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.119, 2.120, 2.121, 2.122; State Environmental Planning Policy Amendment (Land Use Zones) (No 3) 2022.
Tang v Newcastle City Council [2024] NSWLEC 1723
APPEAL – interim heritage order – appeal against interim heritage order – local heritage significance – structural damage impact on heritage significance – expert evidence reasoning.
Heritage Act 1977, ss 4, 4A, 25, 30; Land and Environment Court Act 1979, s 39; New South Wales Government Gazette, No 90, 12 July 2013; New South Wales Government Gazette No 73, 1 March 2024; Newcastle Local Environmental Plan 2012, Sch 5.
Drem Pty Limited v LRL (AUST) Pty Ltd [2024] NSWSC 1422
CONTRACTS – Construction – Interpretation – Where one party assumed royalty obligations under a historical deed – Where royalty obligations calculated by reference to defendant’s proportionate share or interest in mining tenements as varied from time to time.
Mining Act 1978 (WA).
McNeill v Clarence Valley Council [2024] NSWCATAD 325
ADMINISTRATIVE LAW – administrative review – Government information – reasonable searches – Legal professional privilege – confidential hearing and evidence.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Tribunal Act 2013 (NSW); Evidence Act 1995 (NSW); Government Information (Public Access) Act 2009 (NSW); Local Government (General) Regulation 2021 (NSW); Local Government Act 1993 (NSW); State Records Act 1998 (NSW).
Bills introduced – Government
Transport Administration Amendment (NSW Motorways) Bill 2024
Bills revised following amendment in Committee
Local Government Amendment (Pecuniary Interests) Bill 2024
Bills passed by both Houses of Parliament
Energy Amendment (Long Duration Storage and Investment) Bill 2024
Portable Long Service Leave Legislation Amendment Bill 2024
Statute Law (Miscellaneous Provisions) Bill (No 2) 2024
Water Legislation Amendment Bill 2024
Proclamations and commencing Acts
Commencement Proclamation (2024-559) LW 8 November 2024
Commencement Proclamation (2024-560) LW 8 November 2024
Regulations and other miscellaneous instruments
Dust Diseases Tribunal Amendment Order 2024 (2024-568) LW 15 November 2024
Environmental Planning Instruments
Bayside Local Environmental Plan 2021 (Amendment No 5) (2024-571) – published LW 15 November 2024
Mid-Western Regional Local Environmental Plan 2012 (Map Amendment No 11) (2024-572) – published LW 15 November 2024
Mid-Western Regional Local Environmental Plan 2012 (Map Amendment No 12) (2024-573) – published LW 15 November 2024
Tweed Local Environmental Plan 2014 (Amendment No 40) (2024-574) – published LW 15 November 2024
Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.
Published by:
